12-29-1977 Special Called Meeting(Continuation of December 19, 1977 Meeting)
Under committee reports, Jerry Mills read a letter from the Public Works Depart-
ment requesting the following streets be curbed due to drainage problems: 880
Powder Springs Street and 895 Powder Springs Street, a total of 288 feet at a
cost of $864.00, also at 340 and 351 Smyrna Powder Springs Street, a total of 380
feet, at a cost of $1140.00, the work to be scheduled after the first of the
year. Jerry Mills made a motion these two items be approved. C. 0. Canada
seconded the motion and the vote was six to one. Jim Tolleson voted against the
motion. This will be paid from State Grants Funds.
Jim Hawkins asked the Civil Defense Committee to meet with him immediately after
this meeting.
Rem Bennett thanked Attorneys Al Cochran and Chuck Camp for their efforts on the
Ruff case, even though_ the decision was disappointing, they certainly tried.
Elbert Coalson stated our Judges were also bound by laws and they had to go by
them.
Meeting adjourned at 8:07 p.m.
December 29, 1977
The Special called meeting of Mayor and Council was held at City Hall, Smyrna,
Georgia on December 29, 1977. The meeting was called to order by presiding
officer Mayor Arthur T. Bacon at 7:30 o'clock p.m. All Councilmen were present.
Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Parks
& Recreation Director Lee Silver, Building Inspector David Granade, Director of
Finance & Administration Gunter Newsom, Police Chief Everett Little, Fire Chief
Don Atkinson, Assistant Public Works Director Vic Broyles and representatives of
the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
Hearing appeal of decision of Recorder's Court, Daryl H. Ray: Daryl H. Ray and
Police Officer S. J. Bailey were sworn in by City Attorney Charles Camp. Mr. Ray
stated that on November 26, 1977 he was driving a milk truck out of Cartersville
and had one stop to make in Smyrna. When he turned off Austell Road onto South
Cobb Drive enroute to the Waffle House for his delivery, he was traveling about
44 to 46 miles per hour, and did not increase his speed. Officer Bailey was in
the Cobb Center Parking lot and pulled in behind him, catching him after he had
stopped and gotten out of the truck behind the Waffle House. In his opinion the
officer could not possibly have clocked him in that distance. Officer Bailey
stated he clocked Mr. Ray just past Benson Poole Road at 65 miles per hour. After
further discussion, Jim Hawkins made a motion the decision of Recorder's Court
be upheld. Jim Tolleson seconded the motion. Vote on the motion was five to
/two. Jerry Mills and C. 0. Canada voted against the motion.
lCommercial
building permits were presented by David Granade. The only request
was from Western Electric Company to constru_ct.aJoading platform at the front
\door of the building at 1369 Spring Street. David reported he had inspected the
site and secured a drawing of the platform, which showed it would extend over
the sidewalk. This is a temporary platform and will be in use approximately
three'months, after which it`will"be removed. He asked Council to make the
recommendation to issue or refuse this permit. Jim Tolleson made a motion the
permit be granted. Jim Hawkins seconded the motion and the vote was unanimous.
John Kidd gave a report on the feasibility of the Industrial Park Study. Mayor
Bacon said he would like this administration to make a final decision on this
study. After a lengthy discussion, the decision was deferred to the next meeting.
Jerry Mills asked if Council was ready to act on the zoning ordinance amendments.
1/J If so, referring to minutes of the October 12, 1977 Public Hearing on the amend-
ments, which set up a new Zoning Board of Appeals, he recommended the stated
five (5) member board be changed to a seven (7) member board, one member from
each of the seven wards. Jerry Mills made a motion the amendments to the Zoning
Ordinance be approved, and New Section 1402, Establishment of Zoning Board of
Appeals, be changed and approved to read as follows:
"A Board of Zoning Appeals is hereby established. Said Board shall
consist of seven (7) members, two (2) of whom shall be appointed for
a term of three years, two (2) appointed for a term of two years, and
(Continuation of December 29, 1977 Meeting)
three (3) appointed for one year terms. Members shall be paid $20.00
per meeting. None of the.members shall hold any other public office
or position in�the municipality. Members shall be removable for
cause by the appointing authority upon written charges and after public
hearing." 1 ;
Jim Hawkins seconded the motion and the vote carried by a six to one vote. Jim
Tolleson voted against the motion.
Mayor Bacon stated that Ridgeview Institute (Smyrna -Cobb Mental Hospital) re-
quested we approve a Resolution enabling them to issue more Revenue Bonds in order
to buy land and erect more buildings. The Resolution was read in full by Attorney
Camp. Jerry Mills made a motion the Resolution be adopted. Jim Hawkins seconded
the motion. During.discussion Bill Darby said he did not understand why the
hospital would be tax exempt. Attorney Camp said that with the issuance of more
bonds, it would be longer before the city had any control over the hospital. Jim
Hawkins then made a motion to dismiss the former motion. Rem Bennett seconded
the motion and the vote was six to one. Jerry Mills voted against. A motion
was made by Jim Tolleson, seconded by Rem Bennett, to table action on the
Resolution. Motion carried by a five to two vote. Jerry Mills and Elbert Coalson
voted not to table. A meeting will be set up with Directors of the hospital in
an effort to get more information and insight into the hospital and its operations.
C. 0. Canada made a motion to annex into the city 77.472 acres, surplused by the
U. S. Government and given to the city, property being located in Land Lots 518,
w 563 and 590 and is contiguous and becomes a part of Ward 1. Elbert Coalson
seconded the motion and the vote was unanimous.
The rezoning of the Lindwall property was discussed and Attorney Camp read the
Court Order, signed by Judge Ravan, as follows:
Richard L. Lindwall, Plaintiff vs. Mayor and Council, Defendants
r:1 _;
It being made to appear to the Court that the governing authority of
the City of Smyrna, Georgia, has taken action rezoning the property described in
the petition from R-15 to 0 and I, and that this is the only relief prayed for
by the -plaintiff in the above and foregoing case;
4The action of the Mayor and Council of the City of Smyrna, Georgia, in
rezoning the property from R-15 to 0 and I is hereby made the final judgment
of this Court, inasmuch as the Mayor and Council of the City of Smyrna, Georgia,
have satisfied the prayers of the plaintiff's petition.
SO ORDERED, this 21st day of December, 1977.
JUDGE, COBB SUPERIOR COURT
COBB JUDICIAL CIRCUIT
PRESENTED BY: Ben F. Smith, Attorney for Plaintiff
Jim Tolleson made a motion to reconsider action taken on December 19, 1977,_when
Council zoned the above property, since it was done without posting or readver-
tising. Rem Bennett seconded the motion. Jerry Mills said he was against re-
considering since it was zoned(; . due to the fact Mr. Lindwall had filed suit
and the decision of council to rezone was based on the Ruff Court ruling, also the
Attorney had stated the Lindwall case was even stronger than the Ruff case. In
answer to Bill Darby's question if we were bound by this court order, Attorney
Camp said the courts nor the legislature had no set procedures, therefore he was
not sure if it should have been advertised, but in his opinion, this was Mr.
Lindwall's problem. Jim Tolleson said the correct way would be to readvertise and
inform the people. He stated 37 residents of the neighborhood were ready to file
a class action suit against the city because they feel it was zoned illegally.
After further discussion the motion lost on a four to three vote. Jim Tolleson,
Jim Hawkins and Rem Bennett voted to reconsider. Jerry Mills, Bill Darby, C. 0.
Canada and Elbert Coalson voted against.
ri
(Continuation of December 29, 1977 Meeting)
Jim Tolleson made a motion to abolish all the Planning and Zoning Boards and laws.
Motion died for lack of a second.
Under Committee Reports, Jim Tolleson advised he had received permission to
beautify the triangle at Atlanta Road and Memorial Drive. Work should begin
this week.
Bill Darby stated the railroad crossings were in bad shape and in need of repairs
and suggested a letter be written to L & N Railroad. Jim Tolleson said the
Certified City Committee had already contacted the Railroad about this problem.
Police Chief Little asked permission from Council to change the specifications
on police cars to a lower horse power. In his opinion we can buy cars as cheap,
or cheaper, on a bid basis as we can through the State contract. He said we
had had a great deal of trouble with the last Fords and he would like to investi-
gate other cars and have bids from all the automobile companies. He asked
authority to change the specifications'and request bids as soon as possible.
C. 0. Canada made a motion Police Chief Little be given authority to change the
specifications for new police cars and request bids for four (4) cars, bids to
be requested from all companies. Jim Hawkins seconded the motion and the vote
was unanimous.
Rem Bennett said he needed to meet with the Street committee. There were rumors
a four -lane highway was being planned through Ward 7 to Cobb General Hospital.
Rem said the original plans were that the highway would go Hurt Road and he
hoped Council would work with him in trying to keep it from going through Ward 7
residential area. Charlie Jones has been contacted and is going to help.
C. 0. Canada stated the Parks and Recreation Department buys approximately
1000 softballs per year and in the past have ordered a few at a time. The
Association specifies a certain brand ball must be used, and we can buy them
much cheaper if we buy the years supply on a bid basis. C. 0. Canada made a
motion we ask for bids for 1000 softballs, bids to be opened on January 23rd.
Jerry Mills seconded the motion and the vote was unanimous.
Mayor Bacon said the second meeting in January should be changed from the third
Monday night to the fourth Monday in order to attend Mayor's Day, January 15-16th.
C. 0. Canada made a motion to change the date of the second meeting in January
from January 16th to January 23, 1978. Jim Hawkins seconded the motion and the
vote was unanimous.
There being no further business the meeting was adjourned at 9:20 p.m.
Rem Bennett made a motion the meeting be reopened. C. 0. Canada seconded the
motion and the vote was unanimous. Mayor Bacon said we had received a letter
from Cobb County Board of Education's attorney, requesting a quit -claim deed
to the roadway running from Ward Street through school property to Wayland
Court. After discussion, C. 0. Canada made a motion any action on this request
be delayed, pending an indepth study of the property lines. Jim Hawkins seconded
the motion and the vote was unanimous.
Meeting adjourned at 9:33 P. M.
G''Q-crr-
ARTHUR T. BACON, MAYOR
BILL DARBY, WARD 2
JTOM HAWKINS, ARD 4
ELBERT COALSON, WARD 6
WILLOUISE C. SPIVEY, Y CLE
JIM TOLLESON, WARD 1
1W4414'm
JERRY MILL ARD" 3 '
C: 0. CANADA, W 5
REM B. BENNETT, JR., WARD 7
CITY CLERK
I, Willouise C. Spivey , do solemnly swear that I will well and
truly demean myself as City Clerk of the City of Smyrna for the ensuing term,
and that I will faithfully enforce the Charter and Ordinances of said City
to the best of my ability, without fear or favor, and in all my actions as
CITY CLERK act as I believe for the best interest of the said City. So help
me God.
City Clerk eal)
Subscribed and sworn to before
me this 9th day of January, 1978
udge, Cobb County Superior Court
CITY ATTORNEY
I, Charles E. Camp do solemnly swear that I will well and truly
demean myself as City Attorney of the City of Smyrna for the ensuing term, and
that I will faithfully enforce the Charter and Ordinances of said City to the
best of my ability, without fear or favor, and in all my actions as CITY ATTORNEY
act as I believe for the best interest of the said City. So help me God.
(Tj "� "
City Attorney (Seal)
Subscribed and sworn to before
me this 9th day of January, 1978
COURT RECORDER
I, C. V. Reeves , do solemnly swear that I will well and truly
demean myself as Court Recorder of the City of Smyrna for the ensuing term, and
that I will faithfully enforce the Charter and Ordinances of said City to the
best of my ability, without fear or favor, and in all my actions as COURT
RECORDER act as I believe for the best interest of said City. So help me God.
OK"A4�
Court Recorder (Seal)
Subscribed and sworn to before
me this 9th day of January, 1978
J dge, Cobb Count Superior Court
MAYOR'S OATH OF OFFICE
I, Frank B. Johnson, Jr., do solemly swear that I will well and truly demean
myself as Mayor of the City of Smyrna for the ensuing term, and that I will
faithfully enforce the Charter and Ordinances of said City to the best of
my ability, without fear or favor, and in all my actions as MAYOR act as I
believe for the best interest of the said City. So help me God.
Subscribed and sworn to before
me this 9th day of January, 1978
ge, Cobb County Superior Court
Frank B. Johnson, r., MAYOR ( eal)
CnTTNr.TT.MAN
I, James E. Tolleson, do solemnly swear that I will well and truly demean
myself as Councilman of the City of Smyrna for the ensuing term, and that I
will faithfully enforce the Charter and Ordinances of said City to the best
of my ability, without fear or favor, and in all my actions as COUNCILMAN
act as I believe for the best interest of the said City. So help me God.
uncilman Ward Tl (Seal)
James E. Tolleson
Subscribed and sworn to before
me this 9th day of January, 1978
(:nTTNr..TT.MAN
I, William F. Darby, do solemnly swear that I will well and truly demean
myself as Councilman of the City of Smyrna for the ensuing term, and that I
will faithfully enforce the Charter and Ordinances of said City to the best
of my ability, without fear or favor, and in all my actions as COUNCILMAN
act as I believe for the best interest of the said City. So help me God.
i
Councilman Ward #2 (Seal)
William F. Darby
Subscribed and sworn to before
me this 9th day of January, 1978
ge, Cobb County Superior Court
r..nTTNr.TT.MAN
I, Jerry Mills, do solemnly swear that I will well and truly demean myself
as Councilman of the City of Smyrna for the ensuing term, and that I will
faithfully enforce the Charter and Ordinances of said City to the best of
my ability, without fear or favor, and in all my actions as COUNCILMAN act
as I believe for the best interest of the said City. So help me God.
Subscribed and sworn to before
me this 9th day of January 1978
J3xfge, Cobb County Superior Court
COUNCILMAN
I, James M. Hawkins, do solemnly swear that I will well and truly demean myself
as Councilman of the City of Smyrna for the ensuing term, and that I will
faithfully enforce the Charter and Ordinances of said City to the best of
my ability, without fear or favor, and in all my actions as COUNCILMAN act
as I believe for the best interest of the said City. So help me God.
"e"AP,
ouncilman Ward #4 (Seal)
James M. Hawkins
Subscribed and sworn to before
me this 9th day of January, 1978
ge, Cobb County Superior Court
rnTTNr.TT.MAN
I, Jack L. Shinall, do solemnly swear that I will well and truly demean myself
as Councilman of the City of Smyrna for the ensuing term, and that I will
faithfully enforce the Charter and Ordinances of said City to the best of
my ability, without fear or favor, and in all my actions as COUNCILMAN act
as I believe for the best interest of the said City. So help me God.
"cilman [rand (Seal)
a
Subscribed and sworn to before
me this 9th day of January, 1978
COITNCTT,MAN
I, Elbert Coalson, do solemnly swear that I will well and truly demean
myself as Councilman of the City of Smyrna for the ensuing term, and that
I will faithfully enforce the Charter and Ordinances of said City to the
best of my ability, without fear or favor, and in all my actions as
COUNCILMAN act as I believe for the best interest of the said City. So
help me God.
Councilman Ward #6 (Seal)
Elbert Coalson
Subscribed and sworn to before
me this 9th day of January, 1978
J dge, Cobb County Superior Court
COITNCTT.MAN
I, Rem B. Bennett, Jr., do solemnly swear that I will well and truly demean
myself as Councilman of the City of Smyrna for the ensuing term, and that I
will faithfully enforce the Charter and Ordinances of said City to the best
of my ability, without fear or favor, and in all my actions as COUNCILMAN
act as I believe for the best interest of the said City. So help me God.
55-57
ouncilman Ward #7 (Seal)
Rem B. Bennett, Jr.
Subscribed and sworn to before
me this 9th day of January, 1978
dge, Cobb (County Superior Court
CITY MARSHALL
I, David H. Granade so solemnly swear that I -will well
and truly demean myself as Marshall of the City of Smyrna for the ensuing
term, and that I will faithfully enforce the Charter and Ordinances of
said City to the best of my ability, without fear or favor, and in all
my actions as MARSHALL act as I believe for the best interest of the said
City. So help me God. n
Subscribed and sworn to before
me this 23rd day of January, 1978
CLERK, CIVIL SERVICE BOARD
I, Fred R. Maynard, so solemnly swear that I will well and truly
demean myself as Clerk of the Civil Service Board of the City of
Smyrna for the ensuing term, and that I will faithfully enforce the
Charter of said City to the best of my ability, without fear or favor,
and in all my actions as CLERK OF THE CIVIL SERVICE BOARD act as I
believe for the best interest of the said City. So help me God.
Z��k-�T �X4�
Clerk, Civil ServiceBoard Seal)
Subscribed and sworn to before
me this 23rd day of January, 1978