December 1/15/29, 1975 Mayor and Council
359
The regular of Mayor and Council was held pursuant to the Charter at City
Hall, Smyrna, Georgia, December 1, 1975, and called to order at 7:30 o'clock P. M.
by presiding officer Mayor John Porterfield. All Councilmen were present. Also
present were L. W. Charles, City Clerk, Willouise Spivey, Asst. City Clerk, Nora
Proctor, Clerk, J. E. David. Supt. of Public Works, Leon Hood, Building Inspector,
George H. Kreeger, Acting City Attorney, George , Consultant Engineer,~~6b
~urchfield, Administrative Assistant and members of press.
Invocation was given by Councilman Homer Kuhl, followed by the Pledge to the Flag.
Pete Brown of the Smyrna Jaycees requested permission of Mayor and Council to hold an
Empty Stocking Fund Drive on December 6th, 7th, 13th and 14th. The request was
granted on motion by Jerry Mills, seconded by Earle Cochran. The vote was unanimous.
Mr. Berry Teague of Post Properties requested an adjustment in sanitation rates since
all of the Post Properties Apartments are single units and; therefore, would not
have the same amount of garbage to be picked up as some of the larger units. Mayor
John Porterfield stated he did not feel Mayor and Council could make any changes
during the present budget period, and suggested that Mr. Teague contact the incoming
Council in order that they could consider any adjustment prior to the next budget
period.
Mr. Richard Terrell of 454 Smyrna Powder Springs Road stated he had received a letter
from building inspector Leon Hood stating he was in violation of the City ordinances
in storing building materials on his property, and he did not feel he was in violation
of any ordinance. After further discussion, Mr. Terrell was requested to remove all
materials not usable off the premises and clean up his rear yard as soon as possible,
then meet with the Garden Club members in the neighborhood and try to work out a
solution suitable to both parties.
Mayor John Porterfield read letters from City Clerk L. W. Charles and Smyrna Fire
Chief, C. C. Porterfield, giving their official notification of retirement from
service with the City of Smyrna, effective December 31, 1975.
On motion
L. W. Ch
City Cle
Kuhl, seconded by E. R. Coalson, the retirement City Clerk
accepted with regrets, and Willouise Spivey was named acting
tive December 15th. Vote on the motion was unanimous.
motion by Earle Cochran, seconded by Forster Puffe, the retirement of C. C.
, Fire Chief, was accepted with regrets, and Don Atkinson was appointed
Chief, effective December 15th. Vote on the motion was unanimous.
As
to Cob
being
Puffe motioned that Smyrna Cablevision (Anoconda) be transferred
ion Associates, subject to all franchise taxes due the City
on was seconded by Jerry Mills and the vote was unanimous.
E. R. Coalson stated
truck for the sanitat
tation committee had checked the bids on a 1/2 ton pickup
rtment, and the bid was awarded to John Smith Chevrolet.
Brown to rezone from O-D to General Commercial, PFoperty
Road, Land Lot 634. was approved on motion ~ Earle
lick. The vote was unanimous. '
There were no commercial building permits to be brought before Council.
e King Spring Park building would be completed December 13th
be held at 10:00 A. M., December 20th, with Lt.
that progress was going well on Fire Station #3, and dedication
January 3rd.
that all papers regarding State Route #3 and resurfacing of 3.67 miles
been signed and mailed back to the state office.
erfield stated he met with Commissioner Ernest Barrett and Mr. Barrett stated
would work with the city on furnishing and installing pipe on Jonquil
was under the impression they would also help with grubbing and grading;
would talk further with Mr. Barrett.
360
It was reported that the sanitary sewer facility from Hargrove Road to the County
facility on Old 41 Highway had been discussed with Mr. Howard Ellis. James E. David
was ested to check on the possibility of running the line west to the church
pro
Marston Tuck motioned that the Pawn Shop Ordinance be amended as follows:
Section 24: "Daily" report to be changed to "weekly" report.
Section 24, (a): fifth line, from "twenty-four (24) hours" ending at 8:00 P. M.
changed to "seven days" ending at 8:00 P. M......
Section 31: "bowie knives" be deleted.
On motion by Homer Kuhl, seconded by Earle Cochran, the Pawn Shop Ordinance was
adopted as submitted and amended as stated above. Vote on the motion was unanimous.
Appointment of a person to fill the vacancy on the Planning and Zoning Board was
deferred.
Appointment of a person to fill the vacancy on the Merit Board was deferred.
On motion by E. R. Coalson, seconded by C. O. Canada, City Attorney Berl T. Tate
was authorized to defend the City of Smyrna and Mayor and Council in suits pending
against the City and Mayor and Council. Vote on the motion was unanimous.
A meeting was set up for 5:30 P. M. Wednesday with Kidd and Associates to discuss
the subdivision regulations or annexation study, another meeting to be set up at
that time for the other study.
It was announced that the Smyrna Bicentennial Open House would be held December 9th
at 9:30 A. M. at Belmont Hills Shopping Center.
The meeting adjourned at 9:22 P. M.
December 15, 1975
The regularly scheduled mid-month meeting of Mayor and Council was held at City Hall,
Smyrna, Georgia on December 15, 1975, and called to order at 7:30 o'clock P. M. by
presiding officer Mayor John Porterfield. All Council members were present. Also
present were L. W. Charles, City Clerk, Willouise Spivey, Asst. City Clerk, Nora
Proctor, Clerk, J. E. David, Supt. of Public Works, Leon Hood, Building Inspector,
Bob Burchfield, Administrative Assistant, George Harden, Consultant Engineer,Berl T.
Tate, City Attorney and members of the press.
Invocation was given by Councilman Homer Kuhl, followed by Pledge to the Flag.
There was no action under Agenda item No.2, Citizens Reports.
Fence bids for King Springs Park were opened, read and are recorded as follows:
Circle A. Fences
Greater Cobb 33,240.96 22,984.64 28,863.20 7,076.88 8.665.90
Marietta Fence Co. 13,711.00 11,333.44 16,391.12 3,931.82 5,927.72
U. S. Steel Corp. 17,658.06 No bid No bid No bid No bid
Acme Fence Co. 9,962.72 8,791.36 15,464.32 3,188.51 6,862.98
The bids were referred to the Parks and Recreation and Finance Committees for checkout
of specifications and report back to Council their recommendations.
A zoning hearing was held on property located at 705 Cherokee Road, Land Lot 374,
from L. C. to N. S., for the purpose of an antique shop. Don Plott, petitioner, was
present to answer any questions. There was no opposition to the rezoning. Jerry
Mills motioned that the property be kept L. C., the present zoning, but permission
be granted to use for an antique shop until vacated by applicant, with the stipulation
that no items for sale would be placed on the outside of the building. The motion
was seconded by E. R. Coalson and the vote was five to two. For the motion, Marston
Tuck, E. R. Coalson, C. O. Canada, Earle Cochran and Jerry Mills. Opposed, Homer
Kuhl and Forster Puffe.
361
A zoning hearing was held on e R. Lafelle Ruff property located at the intersection
of Concord Road and Hurt The request was to rezone from R-20 to: Parcel A -
O. I., Parcel C - O. I., and Parcel B - N. S., for a Planned Shopping Development.
Attorney Hylton Dupree represented Mr. Ruff stated the requested zoning would be the
highest and best use of the property. Around two hundred citizens appeared before
council in opposition to the rezoning. Mr. Pete Wood and Dr. Robert Mainor acted as
spokemen for the group. After discussion by persons representing Mr.
Ruff and the tion, Earle an motioned the petition be denied for the following
reasons: (1) having a concentration of automobiles in a relatively small area
between tw oughfares (Hurt Road and Concord Road) that presently carry a hi.gh
volume of traffic for their present width and construction any further major con-
struction would have a detrimental impact on the health of the residents of the
area; (2) The property which is the subject of the zoning is not contiguous
to any other property zoned for commercial use under the zoning classification of the
City of Smyrna; (3) If the request for change of zoning is approved, the approving
body would in effect be sanctioning strip zoning in an area surrounded by single
family dwellings; (4) There is no commercial property which is contiguous; (5)
Plans phowing the proposed use of subject property indicated a road will be con-
'structed between Hurt Road and Concord Road a few hundred feet from existing inter-
section. This would create safety hazards even with appropriate traffic signals.
The residents that presently live on Hurt Road have considerable difficulty getting
out of their drives at the present time; (6) There are high quality ho~es currently
being erected on property adjacent to subject property giving support to the position
of esidents that subject property is suitable for residential development;
(7) residential character of the neighborhood is well established and adjacent
property owners have found it economically feasible to develop it for residential
use, which included the rty southwest belonging to Dr. Mainor. Marston Tuck
seconded the motion whi arried five to two. For the motion, Jerry Mills, Earle
Cochran, Marston Tuck, r Kuhl and Forster Puffe. Voting against the motion,
C. O. Canada and E. R. Ison.
permits were submitted by building inspector Leon Hood and upon
the following action is recorded:
gion Building, Pine Street: To renovate both upper and lower levels.
approved on motion by Marston Tuck at no cost, subject to approval by
the Fire Prevention Bureau. E. R. Coalson seconded the motion which carried by
unanimous vote.
(2) Lin , 2110 Gober Terrace, requested a five foot side yard variance. A
letter d by the neighbor next door stating he had no opposition.
The request was appr motion by Jerry Mills, seconded by C. O. Canada. Vote
on the motion was unanimous.
Jerry Mills reported that Fire Station #3 would be 80% complete by January 3rd. C. O.
Canada motioned that dedication of the station be held on the above date. Earle
Cochran seconded the motion and the vote was unanimous.
On motion by E. R. Coalson. seconded by Jerry Mills, Kathy Brooks, 2197 Old Spring
Road, was appointed to fill the vacancy on the Parks and Recreation Commission in
Ward #6. Vote on the motion was unanimous.
Marston Tuck moved that bids to pave the 3.67 miles inside the City limits be requested
for op 5:30 o'clock P. M., on Friday, December 19th. Jerry Mills seconded
the mo carried by unanimous vote.
J. E. David reported the county would furnish and install the pipe on Jonquil Drive.
Mayor Porterfield stated he would contact Mr. Barrett in regard to the county
participation on grading and grubbing and would report back at the Friday meeting.
It was reported that the new estimate for the sewer facility from Hargrove Road
east to the county line in the amount of $25,000 had been given to Mr. Howard Ellis
and he had agreed to negotiate.
d that the City purchase a 250 line printer at a cost of $15,000.00,
a cost of $8,050.00; this cost less trade in of the L5000 valued at
line printer valued at $8.500.00; making the total cost of the new
card punch $3,954.00. Jerry Mills seconded the motion. The vote
Forster Puffe opposed.
Homer Kuhl reported there were still a few corrections to be made tax bills;
however, the digest showed real property at $828,235.00, personal ,396.00 and
utiliti 000.00. Mr. Kuhl moved that since the bills were so late going out
that th ty period be extended to January 25th. Earle Cochran seconded the
motion and the vote was unanimous.
362
Approval
November 3rd,
and 17th was deferred.
On
of $1
vote.
C. O. Canada, seconded Jer~y Mills, a change order the amount
for the grading contractor at King Springs Park was approved by unanimous
moved that we ask our legislative delegation to change election day for
to the first Tuesday in November (this to be included in the House Bill).
motion was seconded by Forster Puffe and carried six to One. Homer Kuhl. opposed.
On
Cochran, seconded by Marston Tuck, J. E. David was requested to
commissioners in~egard to installation of an overhead blinking
east of Havilon and of Concord Lane, also west of the intersection
Concord Road. Vote on the motion was unanimous.
of
It was
W. S.
of B.
Council members
on his property
would require civil action.
City Attorney the wall erected by
of water drainage on the property
the
he
Chief had
that he
the motion.
Jerry
Canada, E. R.
motion on the
he had received regarding Chief Robert
by Mayor and Council the past several
an opportunity to retire and had not done
R. L. Drake be terminated as Chief of Police.
motion carried four to three. Voting for the
Forster Puffe and Marston Tuck. Voting against
Coalson and Homer Kuhl. Mayor Porterfield stated
morning of December 16th.
motioned that Bob Birchfield be named zoning administrator.
motion which carried by unanimous vote.
Homer Kuhl
motioned that 14
all full time
unariimous vote.
pound turkeys be purchased
employees. C. O. Canada
Giant as a
motion
and Saturday be given as Christmas
of fire and police and skeleton crews
workers in the police department. The
the vote was unanimous.
motioned that any clerical
Thanksgiving be given a
The vote was four to
and Jerry Mills.
help in the police department not given the
off before Christmas. Earle Cochran seconded
For the motion, Marston Tuck, Earle Cochran,
against the motion, Homer Kuhl, C. O. Canada
Don
strung down
and electrical inspector Luke
in some of the apartment
to check on
a Resolution
tha t Mayor
to on
the motion and the vote was unanimous.
the second ann1J.al Law
adopt the Resolution
a regular basis. Forster
Blood
law
seconded
The
adjourned at 10:22 P.M.
Mayor
of
to
present
Willouise
David, Supt.
called for 5:30 P.
resurfacing 3.670
officer Mayor
Mr. was
read and
as follows:
TAT!\:
POST OFFICE BOX 122l:>
SMYRNA. GEORG!A $OOIillO
December 16. 1975
TO: Mrs. Willouise Spivey, Acting City Clerk
FROM: John C. Porterfield, Mayor
SUBJECT:
Veto of council action of December 15. 1975 pertaining
to the dismissal of Police Chief R. L. Drake.
In accordance with section 2-1003 of the city charter, this
will be my official notification of my veto of the council
action of December 15, 1975 concerning the motion to fire
Police Chief R. L. Drake. As required by the above mentioned
section 2-1003, the reasons for the veto are as follows:
1. This was not a police committee decision since two of the
three committee members voted in opposition to the motion.
2. During the entire investigation conducted by city council,
the evidence presented was inconclusive, sometimes obviously
biased as well as politically motivated.
3. By their own admission, two members of city council were
biased their deliberation and in my opinion not able to
reach a fair and JUSt verdict.
4. In conclusion, no evidence was presented to me to justify
such a drastic action as dismissing a man three years prior
to retirement with an outstanding record of 13 years service
to the City of Smyrna.
In accordance with the charter requirements. please have this
letter entered of record on the minutes of the council.
Respectfully submitted,
363
Leveling Leveling Asph.
T s/ Total Tons/
17.85 3,302.25 3126/17.85
185/16.50 3,052.50 3100/16.00
185/13.88 2.567.80 3275/13/88
185/20.00 3.700.00 3100/18.00
Hauling only $5.50 (+12.00)=17.50
Stewart Bros. 185/17.10 3,163.50 3100/17.10
Southern Pavers 185/17.25 3,191.25 3100/17.25
Bids were referred to committee with authority to act on
Asph. Patching
Total
55,799.10
49,600.00 /25.00
45,457.00
55,800.00
ton 3,237.50
54,250.00
53,010.00
53,475.00
the low bi.d.
Grand
C. W. Mathews
MacDougald-Warren
Crabbe Paving
McIntosh Paving
C. A. Thackston
59,101. 35
52,652.50
48,024.80
59,500.00
57,487.50
56,173.50
56,666.25
Marston Tuck called a meeting of the street committee following this meeting.
Marston Tuck asked that other matters be discussed at this meeting. Mayor Porter-
field stated that according to the charter other matters could not be discussed
at a special called meeting, without the unanimous consent of all Mayor and
Council. Marston Tuck made a motion to discuss other matters. Earle Cochran
seconded the motion and the vote was six to one. Clarence Canada voted against
the motion.
Meeting adjourned at 6:10 P. M.
December 29, 1975
A special meeting of Mayor and Council was held Monday, December 29, 1975. at
7:30 P. M. at the City 11, Smyrna, Georgia, for the purpose of a public hearing
on the revised Su lations, Official Street Map and the Major
Thoroughfare Plan. s called to order by presiding officer Mayor
John Porterfield. All councilmen were present. Also present were Willouise
Spivey, Acting City Clerk, Bob Birchfield, Administrative Assistant, Lee Silver,
Parks and Recreation Director, Jim Liesendahl of Kidd & Associates and members of
the press.
Mayor Porterfield stated the reason for the special meeting, but said he did not
object to hearing other business if it was the unanimous wish of council. Council
agreed and Marston Tuck made a motion other business be discussed first. The
motion died for lack of a second.
The Sub-division regulations and the recommendations of the Planning and Zoning
Board were discussed at length, and several amendments made. Forster Puffe made
a motion to approve, as of this date, the Sub-division Regulations, as amended,
to become effective February 1, 1976. Elbert Coalson seconded the motion and the
vote was unanimous.
C. O. Canada made a motion to adopt both the Major Thoroughfare Ordinance and the
Official Street Map, effective today. Jerry Mills seconded the motion and the
vote was unanimous.
Under other business, Earle Cochran made a motion to override the Mayor's veto of
December 16, 1975. Mayor Porterfield read a statement from the Attorney advising
that unless a special meeting was called within two (2) days after the veto, no
action could be taken until the next regular council meeting. The motion was
withdrawn.
Earle Cochran made a motion that the subject of the veto be placed on the January
5, 1976 agenda. Marston Tuck seconded the motion and the vote was unanimous.
Several citizens in the audience asked questions of Mayor and Council concerning
the police department. The discussion lasted about one hour.
Mars.ton Tuck stated he had received a letter from the Department of Transportation
requesting that we do not start any resurfacing of streets until we receive the
contract from them. He also advised that Crabbe Paving company was the low bidder
on the paving.
Marston Tuck made a motion
1974. be voided afte
the State for matching
Puffe seconded the motion
the contract with Ledbetter Electric Company, let in
ber 30, 1975, for lack of action, and that we apply to
to install the siren at Jonquil Park. Forster
and the vote was unanimous.
364
Mars
not
advised that Charles L. McLarty Company had notified
for several safety equipment ordered for the
Rockford Safety Company has this equipment
immediately. On the bids, McLarty Company
Safety Company by only 76~. Marston Tuck made a motion
L. McLarty Comp.any could not deliver the equipment in a reasonable
the contract be voided and given to Rockford Safety Equipment Company.
Mills seconded the motion and the vote was unanimous.
they could
Defense
hand and could
Meeting adjourned at 9:57 P. M.
L.
WARD 1, MARSTON TUCK
WARD 2, FORSTER PUFFE