02-02-1959 Regular MeetingMinutes of February 2, 1959
The regular meeting of Mayor and Council of the City of Smyrna
was held at City Hall February 21 1959, at 7: 00 o y clot k P . M
Mayor J. M • Gibson presided and following CouncilM%ere present:
G. W' Kreeger; W. T. Rutledge, J. 'Be Ables, J. B: Rhodes, W. Be
Sanders, R. H. Wood, and L. C. Dodd. In the first order of business
Mayor Gibson called for citizen reports.
Daniel Britt of 103 Fairfield Road requested Council action
relating to storm sewer damage to his and adjacent property. On
motion of W. Be Sanders; City Engineer, Mr. Sam Hensley was
authorized to investigate the problem and to notify all builders to
comply with existing ordinances on drainage, and futher that
the issuance of building permits be withheld pending compliance with
existing ordinances. Seconded by G. W. Kreeger and voted unanimous.
ANNEXA TIO14
Prepared plats and letters were submitted in Council referring
to annexation of properties owned by Northcutt, Bridges, Crowe, and
Howell in the southeastern section of the City. Action- came after
much discussion to annex the following land lots or portions
thereof lying in the 17th district, second section of Cobb County,
Georgia.
Parcel #15 - Consisting of 19 acres more or less in land lots
M and 737.
Parcel #16 - Cons'ist'ing of 50 acres' or more in land lot's 776, ?77,
and 778..
Parcel #17 - A 150 foot portion of the east side of land lots 629,
and 6 3 0 b F 'rFl E �• L• /;o W� �i4 o�E/2 T;
Parcel.#18 - A portion of the A. L. Crowe property consisting of
150 feet of the southeast corner land lot 6290 a 250 foot portion
of the southwest corner of land lot 668. Also includes a portion
of 'the western side of land lot 669, and all of land lot 628, 627,
626, and 670, for Thomas J. Northcutt, Inc.
Parcel #19 - A portion of the Howell property lying in land lot
737, 18 acres, more or less.
i
On motion by We B: Sanders all properties called out by letters
and plats submitted shall be incorporated in the City of Smyrna,
providing: (A) Full Compliance to existing ordiance s on street
paving, curbing-, drainage, water and sewer lines are met prior
to improvements on property* (B) That the stipulation regarding
tax assessment at $1.00 per acre be denied.. (C) And further
that all taxes assessed by the City shall be paid or equilvalent
thereto for services rendered. MotAon seconded by J• Be Rhodes
and voting for annexation; G. W. Kreeger, W. T. Rutledge,
J. Be Rhodes, W. Be Sanders, R. H. Wood, L. C. Dodd; opposed was
J. Be Able s.
Upon request, .City Electrical Inspector reported completion of
electrical inspection of all Day Nurseries, and reported certain
safety hazards were noted and corrected.
Council heard .the reading of an ordinoance regulating and licensing
of Day Nurseries and foster homes. Upon motion of Councilman
G. W. Kreeger and seconded by Councilman, J. B. Rhodes# The
ordinance as read was unanimously adopted.
The petition, signed by property owners on Dunn Street objecting
to the operation" of a Day Nursery, developed into a discussion by
citizens hinged on nuieance , zoning, and devaluation of property on
said street.
120-
Continued minutes of February 2, 1959
Mayor J. M. Gibson appointed a committee to investigate Day
Nurseries and to report back to. Council. The committee members,
named, were G. W. Kreeger, W. TO Rutledge, and R. H. Wood.
The minutes of the meeting of Mayor and Council for the month
of January, 1959, were read and upon motion of L. C. Dodd, the
minutes were accepted as corrected. Seconded by J.. Be Able s .
and voted unanimous.
Mr. A. C. Shepherd's letter called out unanimous approval of
Smyrna Chamber of Commerce for the establishment of a Little
League Ball Park in the area of the old disposal site on
South Cobb Drive.
On G. W. Kreeger's Motion Mayor J. M• Gibson was authorized
to proceed with his suggested plan to level off the site and
contact the interested parties for the purpose of converting
this land to a Little League Baseball Field. On J. Be Rhodes
second,* the vote was unanimous.
The old cemetary, (founded in 1831) located in the heart of
the city was brought before Council through petition
presented by Mrs. Mazie Nelson. This petition requests the
City absorb the care and maintenance of -the cemetery as a
perpetual memorial. J. Be Rhodes recommended to Council that
A committee of one be appointed to investigate maintenance costs
and report back to Council. Councilman R. H. Wood Was appointed.
It was suggested to absorb all costs as part of Parks Department
Budget if property is legally transferred to the City.
On J* Be Rhodesmotion the low bid of Anderson Motor Company
was accepted for one new Chevrolet Police Car, the net price
to the City being $1,125. Also recommended by J. Be Rhodes
that the purchases on Police cars be spread as follows: One
car February 1959; the second car, July, 1959 and that each
purchase shall be financed by the Smyrna Bank if necessary.
The vote was unanimous on R. H. Wood's Second.
Proposal of the Cobb County Planning —and zoning board to
rezone the Four -lane Highway from Old Roswell Road to the River
from R1 AA to Cl Commercial resulted in a resolution adopted
by Mayor and Council to reject the petition. G. C. Ingram
was authorized to represent the City Council Before the Planning
and Zoning Board at the Cobb County Court House on February 4, 1959-
This action was put in motion by L. C. Dodd, Duly seconded by
W. T. Rutledge, and voted unanimous.
Mayor J. M= Gibson called out in Council the Committee
Appointments for the year 1959:
Finance Chairman
Councilman
L'
C.
Dodd
Police Department Chairman
Councilman
J.
Be
Rhodes
Water Department Chairman
Councilman
W.
Be
Sanders
Street Department Chairman
Councilman
J.
B.
Ables
Fire Department Chairman
Councilman
G.
W.
Kreeger
Sanitary Department Chariman
Councilman
W.
T.
Rutledge
Construction Department Chairman
Councilman
J•
Me
Gibson
Parks Department Chairman
Councilman
R•
H
Wood
Upon hearing the report of the committee assigned to the garbage
disposal area (W. -. Sanders, L. C. Dodd, R. H. Wood) Council
voted to trade even with Mr. W. Be Bowles acre for acre,
(28 acres, more or less) giving Mr: Bowles his choice of the
area ccmprising a spring and giving the city a better site
for burying the garbage and tying in with present city owned
property. Motion by^'Dodd ; Seconded by R. H. Wood and voted
unanimous.
Continued Minutes of February 2, 1959:
Councilman G. W. Kreeger motioned the City Attorney Conley Ingram,
draw up a tentative contract with Mr. W. B. Bowles to use the
present land for garbage disposal pending the signing of the
LC
contract and the recording of the property. D odd seconded the
motion, and the vote was unanimous.
Council took no-, action on the letter from the Superintendent of
The L-arid-N RailroadCoirpany in which they re jectd the City's
request that the Railroad bear the expense of added cost of
signal devices 'at 'the Hawthoune Street Crossing.
L. C. Dodd motioned and W. B. Sanders seconded that the principal
and interest on the note due for one_ American La France Fire Truck
be paid and that the Mayor and Clerk negotiate and renew the note
with the Bank of Smyrna for an additional year, with interest,
through February 1, 1960.
An easement dated February 2, 1955, signed by Mayor J. M. Gibson
and Mr. C. M. Hamby was presented to Council for approval. This
Easement covering a Portion of sewer system on Mr. Hamby's
property iri land lot 598 was accepted'by council on unanimous vote
with certain agreements as follows!
(A) Agreed that the City shall lay street laterals from
the out fall sewer"line per plat submitted.
(B) Said laterals to be installed by the City with"90
days after completion of project WPC-GA-11.
(C) Cost of installation of laterals shall be borne by the
City
(D) The right to,connect on said sewer line was authorized
at 6200.00 for each sewer tap.
Accepted on motion of w. -B. Sanders; Seconded by W. T. Rutledge.
and voted unanimous.
The total cost of City Electrical �'Iaintenance of 0550.00
during 1958, was authorized by Council in the same amount
for 1159, spread over twelve months and payable to L. W. Boring,
City lectrical Inspector. Descriptive literature -was distributed
in Council on sewer and pipeline cleaning cleaning equipment --
Tabled to February 7, 1959, for demonstration of equipment.
CIVIL SERVICE
A discussion developed in Council which hinged on support and
passage of the Civil Service bill. Proponents of the Bill
suggested ikdoption as drawn by City Attorney 'G. C. Ingram.
Opponents of the Bill stressed the point that departments other
than the Fire and Police Departments shall have the opportunity
to come under'the provisions, provided that a*Majority vote
of the members was secured, and further that a majority vote
of Mayor and Council shall be deleted from the Bill.
Action came when J. B. Able s motioned that the Bill be adopted
as read. G. Wo Kreeger seconded the motion. Voting for p.doption
as read; J. B. Able':-, G. _Wi'Kreeger, R,_"H. Wood_ i, W _ B., Saxiders,_:and W; To
Rutledge:'.Opposed: J. B. Rhodes and L, C, Dodd,
Mr. Sam Hensley stated that the land use study, the first step
of the City's master plan, was completed and would be published on
FebruarY 5, 1959, at which time a town meeting should be scheduled
for public discussion.
Councilman L. C. Dodd called out a proposed budget for 1959 showing
a gross income of 0302,500 and expenditures $266,500. Sidce the
City is operating on a temporary first quarter budget, the detailed
figures of the 1959 operating budget were withheld pending completion
and approval of the 1958 year-end audit;
122
Cop.tinued Minutes of February 2, 1959
Mayor and Council listened through a hearing and the charges
by Chief M. L. Robinson regarding the dismissal of Police
41 Sergeant Herbert Brown.
Action on the case came when Councilman G. W. Kreeger moved
that Sergeant Herbert Brown Be reinstated and further specified
future dismissal by any individual is hereby forbidden.
The vote for reinstatement: G. W. Kreeger, J. b. Able s, W. To
Rutledge, W. Be Sanders, R. H. Wood; Opposing reinstatment,
J. Be Rhodes, and L. C. Dodd,
In other action of the City Council:
(A) Authorized Mr. R. H Wood to contact Mr. Al Bishop
in connection with investigation of Soft Ball League
for City of Smyrna.
(B) Set aside $450.00 from the recreation fund to install
lights at the Belmont Picnic Area and the Tenn age Canteen,
on motion of R. H. Wood, seconded by L, C, Dodd and
Voted unanimous.
(C) Authorized, repair" of sidewalk at 200 Bank Street requesting
itemized labor and material expenditures for recovery
from Newton and Padgett.
(D) 'Tabled a resolution changing section 15 of the City
Charter until the next meeting.
(E) 'Adopted an ordinance making it unlawful to operate
. pinball machines in the City of Smyrna. Motioned by
G. W. Kreeger, , Seconded,, J. Be Ab le s and voted unan-
imous.
Motion, to recess meeting to Saturday, February 7, 1959, at
9:00 A. M ,'by L. C. Dodd. Meeting'recessed at 1:10 A. M.
Mayor/J. M. Gibson
/ t
C ncilman: J. Be Ables
Councilman: W. T. Rutledge
Counci an: L. C. Dodd
Councilman: C. W. eeger
City lerk: L• harles
Councilman: J. Be Rhode-+
Councilman: V. B. Sanders
Councilman*:
Re H. Wood