February 3/17/18, 1975 Mayor and Council
February 3, 1975
298
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The regular meeting of Mayor and council was held in pursuant to the Charter at city
Hall, Smyrna, Georgia, on February3, 1975, and called to order at 7:30 o'clock P.M.,
by presiding officer Mayor John Porterfield. Al Councilmen were present. Also present
were L. W. Charles, City Clerk, Willouise Spivey, Assistant City Clerk, Robert
Burchfield, Administrative Assistant, Nora Proctor, Clerk, Lee Silver, Director Parks
and Recreation, J. E. David, Public Works Supt., Leon ,Hood, Building Inspector, George
Harden, Consulant Engineer, and members of the press.
Invocation was given by Councilman Homer Kuhl.
There were no reports from citizens on items not listed on the Agenda.
Two sealed bids on the construction of office space at the main fire station were opened,
read, and are recorded as follows:
Jonquil Construction Company, Smyrna, Ga.
Gem City Contractors, Marietta, Ga.
On motion by Jerry Mills the contract was awarded to the
Company in the amount of $4,080.00. Homer Kuhl seconded
unanimous.
$4,080.00
$4,836.00
low bidder Jonquil Construction
the motion and the vote was
Sealed bids were opened and read on 36 heavy-duty (NEMA) weatherproff floodlights,
per specifications, and are recorded as follows;
Summers Electric Company, Atlanta, Georgia $7,900.00
General Electric Supply Co., Marietta, Georgia 7,725.60
Battey Machinery Company, Rome, Georgia 6,336.00
~ Graybar Electric Company, Atlanta, Georgia 7,704.00*
'--' *Graybar's bid did not meet specifications since the price quoted was for a similar
floodlight which did not hav~ all features requested.
On motion by Earle Cochran, seconded by E. R. Coalson, the bids were referred to the
Parks and Recreation Committee with authority to act on the low bid meeting all speci-
fications. Vote on the motion was unanimous.
Bids on installation of the 36 floodlights were opened, read
J. H. Bell, Mableton, Georgia
W. K. Wages, Smyrna, Georgia
On motion by Foster Puffe, seconded by C. o.
J. H. Bell, in the amount of $464.00. Vote
and are recorded
$464.00
$1,400.00
Canada, the contract was awarded to
on the motion was unamious.
as follows:
Applications for a malt beverage and wine pouring license for Neal B. Uhlick, for the
Pizza Hut of Georgia, Inc., 2542 Atlanta Road, was approved on motion by Foster Puffe,
seconded by Jerry Mills. The vote was five to two, Homer Kuhl and Earle Cochran
opposed.
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A zoning hearing was held on property located at 1239 Concord Road from F-c to L-c.
Dr. Mel Weise represented the petitioners Joseph T. Camp and Ma~y Ellen Gillikin and
answered questions by Mayor and Council in regard to the rezoning. Dr. Weise stated
he wished to use part of thebuilging for an optometrie~ office and rent out one or
two offices. He also stated the present building and the small building in the rear
would be removed and replaced with a new brick building and there would be approximately
19 or 20 parking spaces. There was no opposition to the rezoning. The Planning and
Zoning Board recommended the request be approved. On motion by C. O. Canada,
seconded by Jerry Mills, the property was rezoned from F-C to L-C. 'The vote was
unanimous.
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Commercial building permits were submitted by building inspector Leon Hood and upon his
recommendations the following action is recorded:
(1) Bill's Tire Service 3277 Atlanta Street, requested approval to add a 50 X 72 foot
addition to their present structure. Mr Hood stated the plans met all building
and fire codes. The permit was approved on motion by Jerry Mills, seconded by
Foster Puffe. Vote on the motion was unanimous.
(2) Mr. William Brown appeared before Mayor and Council regarding the feasibility
of brick veneering the structure at 960 Powder Springs Street for a Day Care
Center. At the present time the center is being operated under a "use Permit".
Mr. Brown was informed that if a building permit was to be considered he would
need commercial zoning and since the property is not adjacent to commercial
zoning it would probably not be feasible until properties in the area were
zoned commercial.
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Building inspector Leon Hood reported he had contacted Mr. Phillips of Northwest
Exterminators, 2820 Cobb Lane, regarding erection of a fence at the rear of the
property. Mr. Hood further reported he understood that Mr. Phillips had requested
(Continuation of February 3, 1975 Minutes)
299
the planning and Zoning Board to rezone the property General Commercial. It was the
opinion of the Planning and Zoning Board this was not necessary since the only problem
involved was parking of trucks at the establishment. Councilman Earle Cochran and
C. O. Canada stated they had talked with residents in the area and they seemed to be
happy since a fence is being erected. City Attorney Berl T. Tate was requested to
give a ruling at the next meeting as to enforcement of restrictions placed on propertieF ~
prior to adoption of the new zoning ordinance. ~
Mayor Porterfield reported he had discussed the "rat problem" in the Highlands sub-
division area with Dr. Marjorie Lynotte of the Cobb County Health Department and a
person from the department was sent to the area Monday to look over the situation and
make recommendations. The sanitarian toured the area with Marston Tuck and promised
to return when it was not raining to look at the area more closely. At present, the
continued use of rat posion was recommended, also the inspection of all water catch
basins.
It was reported that sidewalks on Concord Road had been completed, painting of cross
walks was in progress, and residents had been notified of the change in house numbers.
Lee Silver reported that work at King Spring Park was progressing well; however, he
had not heard from the Atlanta Regional commission on their study on funding for the
second phase of the park.
Councilman Homer Kuhl reported the Cobb County Tax Study Committee meeting set up for
January 28, 1975 had been rescheduled to February 5, 1975 at the Marietta Country Club,
at which time, the Cobb Municipal Association members and members of the Legislature
would be in attendance for the dinner meeting. The Mayor and all Councilmen stated .--~
they would attend. '-I
Bob Burchfield reported that at the January 27, 1975 meeting of C-Mar Credit Union,
Peggy Alford was appointed to the supervisory board, Judy Marler was appointed to the
loan committee, and he was appointed as a director, representing the City of Smyrna.
He also reported that Smyrna has a membership at present time of 52 and that the
interest was increased for the first quarter from 5.5% to 6.5%.
On motion by Forster Puffe, seconded by C. O. Canada, the minutes of January 6, 1975
were approved as prepared and submitted. Vote on the motion was unanimous.
On motion by Jerry Mills, seconded by Forster Puffe, the minutes of January 20, 1975
were approved as prepared and submitted. Vote on the motion was unanimous.
On motion by Earle Cochran, seconded by C. O. Canada, the minutes of the Special Meeting
called January 25, 1975 were approved as submitted. Vote on the motion was unanimous.
The minutes of the Special Meeting held November 21, 1974, were not available.
Copy of a lette~ from George W. Reece, 104 Floyd Street, requesting a hearing on appeal
from Recorder's Court decision, was given to each Councilman. On motion by C. O. Canada
seconded by Jerry Mills, the hearing date was set for February 17, 1975. The vote '--'
was unanimous.
Mayor Porterfield requested Forster Puffe to approach all Smyrna Civic Clubs on planning
for the upcoming Bicentennial celebration, working through the Civic Center committee,
to get representatives from the various clubs, set up meetings, and get the program
underway.
Mayor John Porterfield recommended that Finance Committee members, Homer Kuhl, Forster
Puffe and Earle Cochran be authorized to attend the National League of Cities meeting
to be held in Washington March 2, 3, and 4, 1975, stating that he thought it most import-
ant these members attend since the main topics would be the Fair. Labor Standards Act
and Revenue Sharing. Forster Puffe motioned that the March Council Meetings be changed
from March 3rd to March 10th and from March 17th to March 24th. Earle Cochran seconded
the motion which carried by unanimous vote.
C. O. Canada motioned the finance committee members attend the meeting in Washington
with Mayor Porterfield. Jerry Mills seconded the motion. It was also recommended
that those attending the Washington meeting would not attend the GMA Convention in
Savannah except at their own expense. Marston Tuck motioned that any Councilman be
authorized to attend the Washington meeting in lieu of the Savannah meeting. The
motion died for a lack of a second. Forster Puffe and Earle Cochran stated they would ~
not attend the Savannah meeting. Homer Kuhl stated he planned to attend but at his own
expense. The vote to authorize the finance committee to attend the Washington meeting
was six to one, Marston Tuck opposed.
City Clerk L. W. Charles was asked to make adjustments on reservations.
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(Continuation of February 3rd Minutes)
300
Discussion on homestead exemption was deferred to the next meeting.
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An amendment to the Traffic Code of the City of Smyrna was submitted and
Earle Cochran motioned the amendment be adopted. Forster Puffe seconded
the motion. Marston Tuck moved the motion be amended to strike "private"
and substitute school or commercial, also strike the words "airport runways"
C. O. Canada seconded the motion. The motion lost on B three to four vote.
Voting for the motion, C. O. Canada, Jerry Mills and Marston Tuck. Voting
against the motion Earle Cochran, Forster Puffe, Homer Kuhl and E. R.
Coalson. Vote on the main motion was five to two. For the motion, Earle
Cochran, C. O. Canada, Forster Purfe, Homer Kuhl and E.~. Coalson. Voting
against the motion, Marston Tuck and Jerry Mills.
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Forster Puffe motioned that residents be required to sign an affidavit
that they have, indeed, paid their water bills when the men go out to
turn off for nonpayment and the residents state they have mailed in a
check or have paid. C. O. Canada motioned the discussion be tabled. Jerry
Mills seconded the motion. The vote was five for the motion, Earle
Cochran abstained, and Forster Puffe voted against the motion to table.
Approval was granted, on motion by Marston Tuck, seconded by Jerry Mills,
to take bids to be opened at the next meeting on a walkie talkie for Civil
Defense. The motio~ carried by unanimous vote.
Harston Tuck motioned that the building inspector be authorized to condemn
the house located at 2422 Ventura Place. This was referred to Leon Hood
to make an inspection, along with fire department personnel, and make a
report at the next meeting.
Marston Tuck also requested the'building inspector to have a report on
the house located at 1566 Spr~ng Street at the next meeting.
Marston Tuck reported that with approval of Mayor and Council at the last
meeting he had been able to have labels printed with City Hall, Police
and Fire telephones numbers, and mailed to all residents in the City, at
a cost of less than $40.00.
Councilman Tuck also stated that a meeting would be held with all residents
on Strathmoor Road on February 10, 1975, at 7:30 o'clock P. M.
Marston Tuck motioned that the City of Smyrna go into the dog catching
business and that the finance committee determine the cost and have a
report at ,the nex~ meeting. Jerry Hills seconded the motion. The motion
lost on a two to five vote. Marston Tuck and Jerry Mills voting in
favor, the other five councilmen voted against the motion. Mayor
Porterfield stated he would check into cost of getting the job done.
Marston Tuck asked for an interpertation as to whether a person keeping
20 dogs on his premises was in violation of the city ordinance. The
city Attorney stated this would not be a violation unless proof could
be submitted the dogs were being raised for sale.
Homer Kuhl reported that a meeting would be held at 7:00 o;clock P. M.,
February 4, 1975 with ARC personnel to review the work done up to the
present time, and he would like to have the finance committee, as well
as, all Councilmen attend the meeting.
Homer Kuhl called a meeting of the finance committee for Thursday, February
6, 1975 at 6:00 P. Moo
A sketch was submitted of a proposed building for King. Spring Park. C. O.
Canada stated the Parks and Recreation Committee had reviewed the plans
and were favorable. Mr. Canada motioned we build the structure based on
the initial design submitted. Jerry Mills seconded the motion which
carried by unanimous vote. Th~ building would house a. room for storing
athletic equipment, bathroom, a press box, and a recreational area for a
variety of activities.
Lee Silver reported the resignation of Haureen Schultz and requested
Council approval on a recreation supervisor at $700 to $750 per month as
he could no longer depend on part time help., C. O. Canada motioned the
recreation supervisor be approved to take the place of. Maureen Schultz,
effective the last of February or first of March. E. R. Coalson
seconded the motion and the vote was unanimous.
(Continuation of February 3rd Minutes)
301
Jerry Mills stated he had contacted Joe McHarg in regard to repairs at the
Spring Street Fire Department building and Mr. McHarg agreed to discuss
the matter with Don Wells and give Council a written guarantee that all
necessary repairs would be made on the outside and the guarantee would
be for a full year.
A meeting
members.
was
called for Saturday morning at 9:30 A. M.
for Fire committe~
Jerry Mills commenting on the architectural costs of Mayes, Sudderth and
Etheredge on King Spring Park, recommended Council secure bids from other
consultant firms. This was referred to the finance committee to make
contacts with other firms.
(Earle Cochran motioned that a technical rank be created in the police
department to be titled Sgt. of Communications - the salary to go with
the rank, but to be kept within the communications department. Homer
~uhl seconded the motion and the vote was unanimous.
Mr. Cochran stated that $8,100 was set up in the budget for the remodeling
of the downstairs of the police station for the detectives office and
recommended that the remodeling be done on the same basis as was done
by Leon Hood on the City Hall addition, cost plus 15%. C. O. Canada
made a motion that bids be let on a cost plus basis. Jerry Mills
seconded the motion which carried by unanimous vote. Lt. C. J. Sanford
of the Fire Prevention Bureau reminded Mayor and Council that the plans
for the remodeling would have to be submitted to the State Fire Marshall'\:)
office for approval.
Earle Cochran read a letter from the Deerwood Garden Club requesting
permission to improve and maintain the entrance of Deerwood subdivision,
and motioned the request be granted. Jerry Mills seconded the motion
which carried by unanimous vote.
The meeting adjourned at 10:39 P. M..
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February 17, 1975
The regularly scheduled mid-month meeting of Mayor and Council was held
at City Hall, Smyrna, Georgia, February 17, 1975, and called to order at
7:30 o'clock P. M. by presiding officer Mayor John C. Porterfield. All
Councilmen were present. Also present were L. W. Charles, City Clerk;
Willouise C. Spivey, Asst. City Clerk; Nora Proctor, Clerk; James E.
David, Supt. Public Works; Leroy Silver, Director of Parks and Recreationi ~
Leon Hood, Building Inspector; Joe Briggs, Consultant Engineer; and '-I
representatives of the press.
Invocation was given by Councilman Homer Kuhl.
Sealed bids on a portable two-way radio for the Civil Defense Department
were opened, read, and are recorded as follows:
General Electric, Atlanta Ga.
Miller Communications, Inc., Smyrna,
Less trade in
Plus Transportation
Motorola Communications & Electronics, Inc.
Forest Park, Georgia
Radio only
Accessories
Options
All bids were referred to the Civil Defense Committee
to make recommendations at the next meeting.
$1,384.44
Ga. 1,723.00
292.91
5.00
566.10
33.30
198.80
for review
and
A scheduled hearing on a appeal from Recorder's Court decision requested
by George W. Reece, was the next item brought before Mayor and Council. l ~
Mr. Reece objected to the charge of "laying drags" and also to the amount'-"
of his fine. Attorney Berl T. Tate ruled that since Mr. Reece pleaded
guilty to the charge, Council could take no action. Officer William
LeCroy explained the difference in "laying drags" and "spinning tires"
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(Continuation of February 17th Minutes)
Jerry Mills distributed (in book form) the rules and regulations of the
fire department approved at a prior meeting.
It was announced the Community Theatre would hold performances on
February 27, 28 and March 1, 1975 at the King Spring School.
The meeting adjourned at 9:08 P. M..
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February 18, 1975
A special meeting of Mayor and Council was held at City Hall, Smyrna,
Georgia February 18, 1975, at 6:30 P. M.. Mayor Porterfield called the
meeting to order at 6:35 P. M.. All councilmen were present. City Clerk
L. W. Charles was also present.
A letter from R. C. A. (One of the companies sent specifications for bid
on a portable two-way radio for the Civil Defense Department - and due
to the federal holiday taken by Post Office Officials, was not put in
P. O. Box 1642 until today) was opened and the comment was "R. C. A.
submits NO BID".
Bids on the renovation of the lower level of the police station for the
detectives offices were opened, read and recorded as follows;
S & M Contractors, Smyrna, Ga. $11,396.00
cost plus 18%
Gem City Contractors, Austell, Ga.
cost plus 20%
$12,862.32
Jonquil Construction Co., Smyrna $9,250.00
Georgia, cost plus 15% (all materials
purchased thru city)
Earle Cochran motioned that the low bid of Jonquil Construction be
accepted in the amount not to exceed $9,250.00; any amount in excess
of $9,250.00 or $500.00 to be'approved by Council. C. o. Canada
seconded the motion which carried by unanimous vote.
Per the recommendation of the Civil Service Board, and on motion by
Earle Cochran, M. G. McCullers was promoted to Sergeant of Police, and
G. R. Galloup, was promoted to Sergeant of Communications, effective
date February 22, 1975. Homer Kuhl seconded the motion and the vote
\V'as unanimous.
U~-c.. f~>>
~. PORTERFJ/ELD, MAYOR
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FORi ER PUFF E, I NC ILMAN ARD 112
~~~..J ~k \
HOMER KUHL, CO NCILMAN WARD #4
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~ELBERT COALSON, COUNCILMAN WARD #6
COCHRAN, COUNCILMAN WARD #7
C.
(Continutation of February 17th Minutes)
302
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and stated that he and Officer Jerry McBerry measured a distance of 96'
where Mr. Reece left tire marks on the street. It was also explained to
Mr. Reece that there were different set fines for different violations.
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Since the Post Office was closed today and only two bids were received
for renovation of the lower level of the police department, opening of
bids was postponed until February 18th, at 6:30 P. M.
Application for a management change only for Fox's Package Store, 2620
4 Lane Highway from Don Hammett to James A. Mascho, III, was approved on
motion by C. o. Canada, seconded by Forster Puffe. The vote was five to
.two, Homer Kuhl and Earle Cochran opposed.
Application for management change only for Stefano's Restaurant, 752 Jones
Shaw Road, from John S. Edwards to Michael J. Bertolami, was approved on
motion by Forster Puffe, seconded by E. R. Coalson. The vote was five to
three. Voting for the motion, Forster Puffe, E. R. Coalson, C. o. Canada,
and Marston Tuck. Voting against the motion, Homer Kuhl, Earle Cochran
and Jerry Mills.
Councilman Forster P~ffe moved that all people applying for a new license-,
(liquor, wine or beer) or anyone requesting a change in management, appear
before this body when the application is to be considered until such time
as the four ordinances are combined; also, the above to be made a part of
the ordinance when the four are combined. The motion was seconded by
Marston Tuck and the vote was unanimous. --J
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There were no commercial building permits to corne before council.
Building Inspector Leon Hood reported he and Lt. C. J. Sanford had in-
spected the house located at 2422 Ventura Place and found numerous
building code violations. Mr. Hood stated the house was owned by Kentucky
Fried Chicken, 7585 Ponce de Leon Circle, Doraville, Georgia, and he had
written a letter as of this date listing what must be done to bring the
structure up to t3e Southern Building Code. The items were: (1) Must
board up all windows and doors within 10 days or comply with 2 & 3;
(2) Replace all broken window glass; (3) Install locks on all doors:
(4) Change electrical service panel to min. of 100 amps; (5) Patch all
holes in sheetrock; (6) Paint interior and exterior; (7) Remove all trash
and storage from building; (8) Clean up all yards. Mr. Hood's letter
further stated that in the event the above is not completed within 30 days
from this date. he would have no choice except to condemn the structure
and request its demolition
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The building inspector further reported he had received authority from
Mrs. Gloria Formisano, owner of property located at 1566 Spring Street
arrd her attorney, to have the structure boarded up and send her the bill.
Mr. Hood submitted a
intention to have the
the next thirty days.
letter signed by David E. Nelson stating it was his
construction at 3350 Campbell Road completed within
The building permit was issued in July, 1973.
Leon Hood reported that he had received information Mr. Mark Turner was
planning to sell his property located on Cherokee Trail to another
individual. Attorney Berl T. Tate recommended that Council have Judge
C. V. Reeves issue a judgement absolute and prepare fifa for back fines
as of this time; therefore, if he sells the property he must satisfy
the fi fa against the property. Mr. Hood was requested to obtain this
information from Judge Reeves and report to City Hall February 18th in
order that a fi fa could be prepared and recorded.
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Mr. Bud Puett appeared before Mayor and Council regarding property located
on Glendale Place (Bradshaw Property) for the purpose of improving and
lighting the property and using it for adult soft ball practice and games
on the weekend. Councilman C. O. Canada stated that he and Parks
Director Leroy Silver had talked at length with Mr. Puett and he under-
stood he must comply with all city ordinances. Mr. Puett also stated
he would contact all residents in the neighborhood and if there was any
objections he would not follow through with the request to use the property
for this purpose. C. o. Canada motioned that permission be granted
Mr. Puett to use the land for the purpose of an adult soft ball field
provided that all provisions as set forth in the city ordinances are
complied with and that he secures the approval of property owners within
300 feet of the property. Jerry Mills seconded the motion which carried
by unanimous vote.
(Continuation of February 17th Minutes)
303
The Smyrna Optimist Club also requested permission to build a mini park
at the corner of Pinedale Drive and McCauley, Picnic Tables would be
placed in the mini park and it would be finced on three sides. ON motion
by Homer Kuhl, seconded by Marston Tuck the permit was approved. (The
City will maintain the park). ~
Parks and Recreation Director Leroy Silver reported that the weather had
halted construction on King Spring Park completely, also, he had not
heard from ARC on preliminary approval of Phase II (March - Deadline).
Councilman Marston Tuck reported that he had met with highway officials
four or five times and should have a report on the traffic signal at
Spring Road and Campbell Road at the next meeting.
Councilman Homer Kuhl reported that $175,000 had been invested at 6-~%
for 90 days.
Jerry Mills reportee that contractor Don Wells recommended using approxi-
mately 200 wood screws to correct the exterior of the fire sub station on
Spring Road and he did not think this was the solution to the problem. A
meeting was set up for Saturday morning at 11:00 A. M. with the contractor,
archi.tect,Mayor and Council at the sub-station.
Marston Tuck reported that property owners on Strathmoor and Post
Properties had agreed on a fence and buffer zone between the properties.
Council Homer Kuhl reported that he hoped the job classification and
report of duties made by the ARC of City Hall personnel would be put in
book form and be submitted to Mayor and Council prior to preparation of
the 1975-76 budgets.
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Councilman Homer Kuhl stated a meeting on the Cobb County Tax Study was in
process but no meeting date had been set at this time.
It was also reported that Ken Nix would introduce a bill this week to
return the tax evaluations back to the municipalities.
It was the ruling of City Attorney Berl T. Tate that old restriction
placed on property prior to adoption of the new zoning ordinance and zon-
ing map would not apply.
l Jerry Mills recommended that
present policy to:
65 Years of Age:
Homestead Exemptions be changed from the
With gross income less than $4,000 $4,000 exemption
With gross income $4,000 to $6,000 3,000 exemption
With gross income $6,000 and over 2,500 exemption
with present residential requirements. Mr. Mills motioned his recom-
mendations be approved subject to compliance with state laws. Homer
Kuhl seconded the motion which carried by unanimous vote.
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A request for a para-de permit for the "order of DeMolay" from Cobb Center
at 11:00 A.M., March 15, 1975, to Belmont Shopping Center, was approved
on motion by C. o. Canada, seconded by E. R. Coalson, Mayor Porterfield
encouraged all councilmen to attend if possible.
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Councilman Forster Puffe moved that water deposits for commercial establish-
ments be adopted as submitted according to the business license ordinance.
Jerry Mills seconded the motion and the vote was unanimous.
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Councilman Forster Puffe motioned that Mayor Porterfield make an appearance
before the Georgia Public Service Commission to voice the disapproval of
the citizens of Smyrna to the exorbitant rate increase requested by the
Georgia Power Company, Earle Cochran seconded the motion which carried by
unanimous vote.
Marston Tuck stated the new policy in regard to the dog leash law was
working better; that a lot of rat posion had been distributed, and a storm
sewer would be cleaned out this week; and requested action on a purchas- ~
ing agent for the city at the ,February 18, 1975 meeting. ~
Mayor Porterfield stated that Mr. Griffin of Rabies Control of Cobb County
now has the authority to bring cases into the Recorder's Court and if the
commissioners agreed, an assistant would be hired to work with Mr. Griffin
in this area.
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