February 2/16 1976 Mayor and Council
373
The regu1ar meeting of Mayor and Counci1 was he1d pursusnt to the Chsrter at
City Ha11~ Smyrna~ Georgia, February 2~ 1976. and ca11ed to order at 7:30 o.clock
P.M. by officer Mayor Arthur T. Bacon. A11 Councilmen were present.
Also present Wi110uise Spivey. City C1erk. Char1es E. Camp. City Attorney.
Bob Birchfield. Administrative Assistant. Lee Silver. Parks & Recreation Director,
Gene ing > Hubert Cochran, Acting Assistant Fire Chief.
James E id. Supt. of Works and representatives of the press.
Invocation was given by Homer Kuh1. f0110wed by the Pledge to the F1ag.
Lewis Reagin~ President of the Smyrna Lions Club. requested permission of Mayor
and Counci1 to erect three f1ag poles in Centennia1 Park. as a 1asting memoria1
from that C1ub. in honor of the Bicentennial. He a1so stated there wou1d be a
ceremony at 2:00 P.!~. at the park. on Saturday, February 28. . to make
the presentation to the City, and asked Mayor and Counci1 to attend. He asked
that Bank Street. from King Street to At1anta Road. be b10cked off if possib1e.
A motion was made by E1bert Coalson. seconded by Jerry Mi1ls the request be
granted. Vote on the motion was unanimous. Mayor Bacon said he would notify
the police department.
Lewis Reagin stated that on Apri1
h01d their for the
this day as Conservation
1976. al1 Lions Clubs in Georgia would
Canvass. He asked Mayor Bacon to declare
in Smyrna.
was submitted for a manager change, malt beverage and wine package.
Dixie Store. 3248 South Cobb Drive. . Canada made a motion to
of Bil1y Carl Wester as the new manager. Bill Darby
motion and the vote was six to one. Homer Kuhl opposed.
An
at the Winn
approve the
seconded the
An was submitted for license for J. Bertolami.
's. 752 Jones Shaw Road. read a letter from Det. Lt. David
Farmer stating Section 12 of the application was answered falsely. According
to the application Michael Joseph Berto1ami and Roxana Bert01ami wsre sole owners;
however, according to State records. Charles R. Garbett is Vice President and
Blanch M. Garbett is second Vice President. Counci1man Darby stated a later check
found the State records were not current. and that Michael J. and Roxana
Bertolami are the s01e owners. Mr. Bertolami stated he was aware the seating
area was too sma11 but he presented plans for an addition to the building.
inc1uding a banquet room. which would make the seating area more than adequate.
He said construction on the building addition would begin as soon as he was
sure he cou1d get the liquor pouring 1icense. and it could be completed around
the first of April. Bill Darby made a motion the liquor pouring license be
approved. subject to the and final inspection of the building. Jerry
Mi1ls seconded the motion the vote was six to one. Homer Kuh1 opposed.
Action on the request for a residential business license for photography in the
home of Glenn Williams was deferred. (Apt. 302. Heritage Trace Apartments)
Commercial building
upon his
were submitted by Building Inspector Gene Hoaster
the following action is recorded
Angie Hudgins requested a variance for her property at 1265 Sunset Avenue
ique and gift shop The is present1y zoned 1imited commercial.
e a motion the variance granted with the stipulation there
be no outside displays and business was limited to an antique shop. Hi11
Darby seconded the motion and the vote was unanimous.
(2) Ron Burkhart a permit to operate a self service gas station at
the Golden Gallon. At1anta Road. Mr. Hoaster stated the plans had been
approved by the Fire Marsha11's office and he recolmllended it be approved. A
motion was made by Jerry Mills. seconded by Homer Kuhl to approve the permit.
Vote on the motion was unanimous.
(3) J. A. Bai1ey requested a permit to bui1d a doctors office building at
1239 Concord Road. C O. Canada made a motion the permit be granted. subject
to approval of the bui1ding inspector and the fire marsha11. Vote on the motion
was unanimous.
Referring to recolmllendations made at the June 5$ 1972
P1anning and Zoning Commission . Homer Kuhl requested the
regard to the
changes:
(Continuation of February 2. 1976 meeting)
consist of five
On
members. be changed to
by Homer Kuhl.
vote.
to the committee. be changed to read.
On motion by Homer Kuhl.
by unanimous vote.
persons to serve staggered terms.
n submit
Jerry
committee
to
On
vote.
by
submit
one
. the
then
by
made amotion Roy
seconded the motion
to the Civi1 Service Board.
unanimous.
Fwe ~odro~t
and Commission
by Jerry Mi11s. the following
from their ward
and on motion by Homer
were appointed:
on the P1anning
. seconded
Ward
Ward
Ward
lvard
Ward
Mrs. E1izabeth
Tom Corso
Floyd
Owens
Vote on the motion was unanimous.
that A1vin Agent. had asked
on repairs to Fire Station No.2. Only one bid was
response from the 1etter to Contractor Don We11s.
turned over to the City Attorney for checkout and report.
from
No. :3
to
week.
in operation.
for last Year.
delay was caused
but they have
wou1d be after
He also gave a report of the
It
that: Cobb
of Concord
on the warning signa1s st the
Way.
reported he had written Ernest Barrett requesting
Extension date had no reply. He is to meet with
Cobb County Department tomorrow.
Mr.
the
that Fav~ng Company is ready to start resurfacing
streets as soon as the weather permits.
On
were approved as submitted.
Knh1. minutes January
motion was unanimous.
. 197
On
1976
Jim T011eson. the minutes
on the motion was unanimous.
"
19.
Mayor Pro Tam Homer
D. C.. March
the second
22nd.
counci1 meetiug in
of both the
the vote was
reported we had
The 1etter was
care of before the
in
problem
stated there would he some changes
handling
bi11s.
(Continuation of February
6 meeting)
Lee Silver stated the Jonqui1 City Lions Club requested permission to erect
thirteen (13) flag poles in a semi-circle around the Centennia1 Park monument.
C. O. Canada made a motion we accept these poles from the Jonquil Lions Club.
Homer Kuhl seconded the l11otion and the vote was unanimous.
Lee Silver requested approval of the King
logo the King Springs Park bui1ding.
Recreation staff. Homer Kuhl made a motion
on the building. C. O. Canada seconded the
Park Logo. also to paint the
will be done by the Parks and
the logo be approved and
motion and the vote was unanimous.
The Parks and Recreation Commission recommended we proceed with the B. O. R.
Grants for the po01 paving and tennis courts. matching funds.
Lee Silver requested funds for of Jonquil. and Church Street
po01s. as they cannot open year in present condition. To bring the
to the required state standards the total repairs wi11 cost around
Bids on equipment were sent to three companies. Atlas Engineering
was low bidder. C. o. Canada made a motion we waive the bid procedure
to $2,123.45. which is needed immediately, and award
The parks and recrestion department wi11 do the
the motion and the vote was unanimous. Mr. Kuhl
be paid from Revenue Sharing Funds. to be charged
for park improvements
.
Service
on
to Engineering
work. Homer Kuhl seconded
stated these repairs would
against the $10.000 set up
Lee Silver asked that change orders for the King Springs Park be approved.
After discussion. Homer Ruhl made a motion the change orders from Jonquil
Construction Company, in the amount of $7 206.50 for King Springs Park. be
for payment. C. o. Canada seconded the moti.on and the vote was
unanimous.
Elbert Coalson read a report of the number of accidents. per police records.
that had occurred on Cherokee Road at or near the post office. on Ward Street
Cherokee Trai1 and Beav'er Creek Road. Mr Coalson stated this is one of the
most dangerous spots in Smyrna. accident wise. and some action must be taken.
After discussion it was recommended the contsct Congressman Larry McDonald
and set up s to discuss the of outgoing traffic being
routed to the back the post office. to exit on Ward Street. Mayor Bacon
stated he would also ta1k with Postmaster C. A. Atkins.
Meeting adjourned at 8:40 P.M.
****************************
The
City
by presiding
scheduled mid-month meeting of Mayor and Council was held at
Georgia on February 16. 1976 and called to order at 7:30
Mayor Arthur T. Bacon. All council members were present.
e Willouise Spivey, City Clerk. Charles E. Camp. City Attorney
Administrative Assistant~ Lee Silver. Parks and Recreation
E. David Supt. of Public Works Don Atkinson~ Acting Fire Chief.
Building Inspector and representatives of the press.
Director J.
Gene Boaster
Invocation was given by Homer Kuh1~ fo11owed by the pledge to the Flag.
Bacon reported the resu1ts of the investigation into the operations of
Smyrna Police Department, the Cobb County Internal Affairs Committee. had
been received. Mr. R. E. of Manson Avenue requested snd received
permission to speak. Mr. Shaddix said he had learned that Chief Robert L. Drake
already and he did not think he should be allowed to resign and
draw his retiremant. Kuhl that any employee was due his retire-
ment if he was (55) years of age and had been with the City ten
whether he retired. resigned or was dismissed. As stated
contract an early retirement (before age 65) much 1esB
t; nevertheless an early retiree is eligible benefits
service. Marston Tuck also objected to the resignation
benefits.
(Continuation of
16. 1976
Mayor Bacon read Chief Robert L. Drake's resignation as Chief of the Smyrna
Police . effective Jerry Mills made a motion the resignation
be . Canada the motion and the vote was unanimous.
stated he had also received the resignation of.Sgt.
V. D. C. O. Canada a motion the resignation be accepted.
Elbert Coalson seconded the motion and the vote was unanimous.
to the "slick
out by Harold Smith Hardware Company,
said the wording and printing 100ked very
just before election day.
similar to the one put out on
thePo1ice De.partment by the Cobb County
although a large percent of it
facts, . and on these.. action
trying to anything and
made public; however. there..are so
. he felt the City might be liable
public. He stated the parts the
made public. Mayor Bacon had
Court and Judge Hames advised
to the public. Someone
Grand Jury and }fayor Bacon said
could be done at this time. If
. the report will be needed.
if any. concerning the Grand
he had
there
He will
Bill appointed as Chairman of the Police Committee. with
and Rem Bennett as members.
Kuhl
Bill
stated that police
the
the Internal
by Mayor and Council
personnel as listed
Act. as
of Police
on May 15. 1972 as
below had been notified
and the Ru1es
Department as enacted
follows:
and
a fr iend of
up
defendant.
.
controls;
as
effective 1mffiediately.
without
that
given
acts tending to
without notifying
failure to transmit a citizen's
effective 1mffiediately. been reduced to
suspension without pay for
on the Department; Rule
of your whereabouts; an
to the Chief for
- that you
given sevep.
acts tep.ding to bring
the acts
court as
duty engag:ing
. effective immediately.
suspension without pay
on the Department;
officers;
of the
activity w:ithin the
reduced to
acts
acts of
the area in which you were
others to do so.
for
discredit
officers;
to
that
from
been
the
as
(a)
Conduct tending
unfavorable criticism upon
Department.
(b)
to
the Department
and efficiency of
and
of February 16. 1976
to make inspections to informed as to the conditions and activities of
the Department; and failure to cause records to be kept to show the status of
Departmental business.
(c)
and
which wou1d result in t
officers not patro1 '
in direct conflict with the rules of the department
County in encouraging officers not to make cases
ance in State Court of Cobb and encouraging
oom" on South Cobb Drive.
mentioned above were also advised that if they wish to appeal to
Board and desire that the above acts be framed with specificity,
otify tbe acting Police Chief immediate1y and he would further enumerate
acts complained of. and that they have three (3) days to frame an
notice.
The personnel
the Civ
they
the specific
appea1 after
Jerry Mills asked that the charges against the two that resigned. Chief Robert
L. Drake and Sgt. V. . Christman be read. They are as follows:
- Conduct tending to bring discredit or criticism
- failure to request an audit of the Civil
department; - accepting
hants which appear . without filing
- failure to properly supervise the department
discipline. training and efficiency of the
make inspections to keep fully informed as to the conditions and
and failure to cause records to be kept to show the
cases
prosecutor with
1e 74 - Conduct tending to bring undue criticism on the
- failure to keep his area of responsibility in good order and
records and funds records properly assigned by the Chief.
- using his office with ma1ice to oppress and not properly
on court docket using undue influence upon the court acting
aim to inf1uence the results.
Homer Kuh1
acco
days to
made within ten
with the document.
Police Chief had notified in writing. in
. the employees involved and they have three
ivil Service Board. A decision should be
hearing. Luther Hames will advise us whst to do
Jerry Mills stated he had reviewed the document and found no criminal acts snd he
felt we could solve the problems.
Arthur Bacon thanked everyone for their cooperation and advised that the
officer in the police department. Captain John Young Jr.. would be
elevated to acting Chief.
Mi1ls stated he was one that had pushed ~he investigation and had gotten
involved. causing a coup1e of people to get into troub1e. and for this he
was sorry. He hoped that after tonight everyone would work together to better
the police department:.
The request: for a residentia1 business permit by Glen Wi11iems.
Heritage Trace Apartments. to do photography from his home was
302.
two sirens and installation of same.
deferred to the next
for bids only. would not open when
the Civil Defense
Post Office box. used
There were no commercial building permits to be approved.
The report on Fire Stations #2 and #3 was deferred to the next meeting.
Homer Kuhl made a motion that furniture for Fire Station #3 be purchased with
Federal Revenue Sharing Funds. Jerry Mills seconded the motion and the vote was
unanimous.
(Continuation of February 16~ 1976
due
the
the
the
of h:lgh
for 40 days
b:ll1.s
service.
was
of
good used
Sharing
to haul
used one. A mot:lon
the cOlmrdttee
exceed $3,000.00. to be paid
was unanimous.
caterpi11ar
was made C. O.
to
C.
Federal
his
the cooperation of everyone during
office.
Meeting adjourned at 8:16 P.M.
*************************