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03-02-1959 Regular MeetingMarch 23, 1959 125 i The regular meeting of Mayor and Council of the City of Smyrna was held at City Hall on March 2, 1959, at 7:00 P.M., pursuant to the charter of the City of Smyrna. Mayor J•.,M. Gibson presided with all Councilmen present. The first order of business, the Mayor called for reports from citizens. Mr. Boyce Davis of 195 Hill Street reported a sewerage problem, claimin4vater backing up in the area of Hill to Brown Circle. On J. B. Ables motion Mr. Sam Hensley was autho- rized to investigate the problem and.report back to Council. Second&' R. H. Wood: Unanimous. Mr. Hensley was also requested to complete a study and submit recommendation on surface water drainage based on report of Mr. W. E. Collett of 528 McLinden Avenue. Final action involves granting of easement to city. Council authorized�he installation of approximately 400 feet of two inch water line and. 200 feet of one inch water line from South Cobb Drive to old disposal plant, due to shortage of water at the disposal plant, as reported.by T. J. Peck. Mr. G. W. Kreeger recommended that the line be in- stalled. R. H. Wood. seconded: Vote, unanimous. The annexation of the Fred B. Wilson property in Land Lot 737 was deferred on motion of J. B. Rhodes, pending evidence submitted on the type of houses to be built and.upon submission of plats and.compliance with all ordinances as well as a complete understanding on zoning. Seconded., G. W. Kreeger: Vote, unanimous. The letter requesting annexation of the L. C. Richardson property, on South Cobb Drive and Benson Pool Road, was rea4n Council. The letter requested that the action of Council be retroactive to January 1, 1959, for tax purposes. Councilman G. W. Kreeger moved that the property of Mr. L. C. Richardson be accepted into the City upon compliance of the following proposals: (A) That an easement be granted.the City from all concerned property owners, leg work for obtaining easement be responsibility of Mr. Richardson or his agent at their expense. (B) That existing sewer line be corrected to conform to the City of Smyrna plumbing code at the expense of Mr. Richardson or his agent. (C) That City engineer make study and recommendations as to the requirements of streets and drainage as required by City ordinances and.the corrections be made to conform to above mentioned ordinances at the expense of Mr. Richardson or his agent. (D) That Mr. Richardson or owner of laundry pay the City of Smyrna for the last half of 1958 Business license. (E) That the standard $200.00 fee for tap, plus any additional cost for the installation of sewer be paid to the City of Smyrna. (F) That 6% interest be paid on money received by the City, retroactive to November 1, 1958, by fir. Richardson or his agent. (G) That an electrical inspection, plumbing instection & building inspection be made by city inspectors and -their findings, if not in accordance with respective codes be corrected and fees be paid for inspections through normal procedures as required by the City of Smyrna. (H) That 1959 business license be purchased. to operate a laundry. (I) That Mr. Richardson pay 1959 city tax. (J) That all the above be accomplished.by May 1, 1959• Mr. R. H. Wood seconded: Unanimous. Deferred to the next council meeting, proposals called.out by Mr. G. W. Kreeger on the use of city equipment to be set up as city ordinances upon approval of Mayor and Council. A promotional program to invite new customers for the services of the Belmont Cab Company, was discussed in Council by owner, Mr. Poor. The program hinged on the printing of 5,000 advertising cards allowing $.10 per ride refund. In debate, Mr. Poor requested that Council action be limited to 30 days at which time the unused coupons would be turned over -Cae the police department. W. B. Sanders motioned and R. H. Wood seconded as follows: Notion, "It is unlawful to distribute advertising coupons within the City of Smyrna." The vote was unanimous. Upon reading the minutes of meetings of Mayor and Council, month of February, L. C. Dodd ,motioned to adopt the minutes as read. Seconded, W. T. Rutledge: Unanimous. Committee Reports On day nurseries the committee appointed by Mayor J. M. Gibson submitted their report on investigation of day nurseries. The action was the result of a petition submitted. in January by citizens objecting to a day nursery on Dunn Street. This committee: W. T. Rutledge, G. W. Kreeger and. R. H. Wood recommeended strict adherence 126 Continuation of March 2, 1959 to the city ordinance governing day nurseries and further recommended the Williams Day Nursery be allowed to continue operations, stating among their conclusions that the complaint was of a seasonal nature. Action of committee report read in Council. Councilman G. W. Kreeger moved to adopt the committees report on day nurseries in full, items 1 thru 4. R. H. Wood secon4d the motion. Councilman'L. C. Dodd referred. to other problems confronted by our citizens where a majority seek council action to solve their problems. L. C. Dodd submitted to Council, the question, "If our citizens cannot secure -favorable action fro�this council, when they represent a majority of the people, to what body have they a right of appeal?" The vote to adopIthe full report of the committee on day nurseries was: For adoption, G. W. Kreeger, W. T. Rutledge, J. B. Ables,- J. B. Rhodes, W. B. Sanders,- R. H. Wood. Opposed, L. C. Dodd. I_ Councilman R. H. Wood reported on the petition submitted to council in connection with the maintenance an.d.perpetual care of the old cemetery. Council voted unanimous to accept and maintain this property provided.that a petition is submitted signed.by owners of the lots and upon submission of a quit claim deed from the Methodist church conveying to the City all remaining interest the church :night have. The motion to accept the property was made by R. H. Wood and seconded by G. W. Kreeger. (Memo: See copy of letter prepared by City Attorney to Mrs. Mazie Nelson) The committee report on exchange of properties between the City of Smyrna and Mr. W. B. Bowles was deferred to April 6, 1959. W. T. Rutledge motioned that the Mayor be authorized to sign the contract giving the City the right to use the property of W. B. Bowles for garbage disposal, pending conclusion of survey and transfer of properties. On W. B. Sanders second.the vote was unanimous. Mayor J. M. Gibson was authorized, on motion by G. W. Kreeger and second by � R. H. Wood, to negotiate and sign contracts pertaining to the Little League Ball Park on South dobb Drive. The contracts require, signature4of state highway, Georgia Power Southern Bell and other adjacent property owners in connection with the removal of dirt and leveling of the land., for a Little League Baseball Park. Mr. R. H. Wood reported that all electrical lines and lights were installed at Belmont Park and. floodlights at the teenage canteen. The cost, $450.00, to be paid out of recreation funds. Cost analysis covering labor and materials to be submitted to city hall prior to payment on this project. Memo: (City paid out of General Fund $120.00 for improvements at Brinkley Park to L. W. Boring.) R. H. Wood motioned that the civitan league be granted permission to sponsor and use Ward Park for softball games for the calendar year of 1959. Second by W. B. Sanders, Voted unanimous. Mayor J. M. Gibson reported that the street repairs in Cherokee Bills was progressing. This was the result of committee action of February 2nd, 1959. The Georgia Power Refund check ($8,244) was presented in Council with the stipulation that $5,000 of the amount committed by previous council action was to be deposited to the City of Smyrna Paving Fund. Also mentioned by the Mayor that 28 additional street lights and facilities would be added to present contract of 83 lights at no additional cost. Council action on inspection reports Building inspection reports, dated February 17, 1959, and signed by C. C. Porterfield and W. W. Kidd, were read in Council. Building located at 7.28 North Atlanta Street, owned by B. F. Reed, to be repaired and repaintedas per inspection report submitted. The building, located at 135 North Atlanta Street, owned by Mr. 0. E. Matlock, be repaired per reports submitted. The old theatre building, owned by Mr. C. F. Branscome, of Galax, Virginia, shall,by reason of inspection reports submitted, condemned. The old garage building in alley west of North Atlanta Street and. owned.by 0. E. Matlock, shall be reason of inspection reports submitted, condemned. On motion of G. W. Kreeger, seconded.by L. C. Dodd., that the four inspection reports be accepted by this Council and repairs and/or razing started. The vote was unanimous: Certified letters to be mailed to all owners stating that repairs and/or razing shall be started within 30 days, and completion within 60 days. The following recommendations were submitted by the plumbing inspector for Council action: Item (1) A pressure regulator valve be installed on the cold water line in all new houses. This valve to be 3/4 inches or more. Item (2) That each house built in Smyrna sha11 have valves placed on hot and cold line of each fixture. Continuation of March 2, 1959 Adoption of plumbing board recommendations, effective upon issuance of permits dated 3-3-59, put in motion by G. W. Kreeger: Seconded, W. B. Sanders and. voted unanimous. Letters calling out this action and, showing effective date as of March 3, 1959, mailed to all plumbing contractors doing business in the City of Smyrna. Submitted in Council for discussion per letter from C. C. Porterfield, Fire Chief, was a cost analysis for water pipe and related materials for the Belmont Shopping Center water line tie-in and extension of water line from present water tank to Church Street. Estimated material cost, $3,200. G. W. Kreeger moved that this plan, approved by inspectors of Southeastern Fire Underwriters Association, be adopted and.the work to start upon purchase of the materials required. Seconded R. H. Wood. and voted unanimous. Memo: Cost of this project to be paid. from water revenuefunds upon submission of bill of materials and engineers recommendations. Action on bids submitted On the sewer pipe cleaning equipment, R. H. Wood motioned, J. B. Ables, seconded, to purchase the O'Brien "Sewerking" in the amount of $1,864.00. W. T. Rutledge ammended. the motion to read that the profits accrued by the construction department shall be applicable to the purchase to this equipment, said purchase Obe approved by the Finance Chairman. The motion, as amended was voted unanimous. Two bids were opened covering.'janitorial services, covering labor and materials, to clean on schedule submitted, the City Hall, Police and Health Department. This item tabled. for further investigation. During this discussion, the Finance Chairman authorized.the City Hall to distribute the time of Cecil McCollum, 50 per cent Police Department, 50 per cent City Hall, retroactive to January 1, 1959. Council, by unanimous vote approved the purchase of $165.00 Fire Department supplies and $1,300 for 1000 feet of 22 inch fire hose. The low bider was American LaFrance. Purchase approved on motion of G. W. Kreeger, seconded by W. T. Rutledge. The present Insurance Agent of Record, Poston Realty and Insurance Company sub- mitted -full insurance coverage City of Smyrna, for 1959, in the amount $8,463.79. Finance Chairman, L. C. Dodd recommended placing insurance for the current year ending March 1, 1960 with the present Agent of Record. J. B. Ables seconded.: The vote Unanimous. Council discussed outstanding paving assessments, protests, collection -procedures and Fi Fas and per L. C. Dodd's recommendation,, this item deffered pending conpletion -- - of year-end audit by W. E. Farrell & Company. City Attorney, G; Conley Ingram, was authorized by Council to proceed on prior years tax f i f as for filing and.recordingbn General Execution Docket, Cobb Superior Court. G. W. Kreeger motioned. that Council give authorization to the street department to purchase street signs and. inst all in Green Hills Sub -division per request of Mr. L. F. Daniell. Motion seconded by J. B. Rhodes and voted unanimous. An invoice, Cobb County Water System, submitted. in Council called out 6,600 feet of ditching plus rental of one backhoe in the amount of $1,718.00. Item tabled to the next meeting. _ An invoice was presented. in Council from Hensley and Associates, Inc. in the amount of $4,000 representing the cost and publication of the first phase of the Master Plan for the City of Smyrna. The second phase, major street planning including revision ,of zoning ordinance was estimated at $2,500.00. Mayor J. M. Gibson recommended that this Council borrow $7,500 from the Bank of Smyrna. Mr. Sam Hensley suggested that the $4,000 due and payable now, shall be carried to July, 1959, at which time phase two is scheduled -for completion. J. B. Rhodes motionedto authorize Sam Hensley and Associates to proceed with the assignment, and submit invoice in the amount of $6,500 in July, 1959. Motion seconded by L. C. Dodd and voted unanimous. On a drainage problem in the area of Stone Creek Road and Timberland, J. B. Ables requested Council action. On Mr. Ables' statement that this property is private, L. C. Dodd motioned that in the absence of a legal obligation of the part of the City, that Council reject -the Builders request. Seconded by J. B. Rhodes and voted unanimous. In Other Action Council: (A) Voted unanimously on W. T. Rutledge's motion that City Hall Submit Agenda of Mayor and Council meetings two days prior to schedule meeting dates. Council was instructed.to submit items to be placed. on the agenda. Motion duly seconded by G. W. Kreeger. (B) Authorized. City Attorney, G. Conley Ingram, to prepare an ordinance calling out specific legal description relating to special called meetings of Mayor and Council. 128__ Continuation of March 25 1959 (C) Instructed the City C1erK on a five to two vote to reimburse Burroughs and Dale, $2)i0.00 representing balance due covering architectura7services on the new City Hall. (D) Authorized on unanimous vote, Mr. Sam Hensley to study new traffic light at Love and. Atlanta Streets and report to Council. c_ 1; (E) Assigned a committee per Mayor J. M. Gibson to acquire and move the old barn to an area for storage facilities and submit the labor costs thereof. Committee members: W. T. Rutledge, J. B. Rhodes and. L. C. Dodd. Veto Action In a special meeting called February 7,1959 Council by a vote of 4 to 2 adopted. a change in the Smyrna Charter affecting Sections, No. 8, 11 and.15. Mayor J. M. Gibson vetoed.the resolution per letter of 2-11-59 stating legal talent should be authorized by council to re -write entire charter for effeciency in government. In discussion J. B. Ables motioned to over -ride the Mayor's vetoand W. B. Sanders seconded the motion. The vote to over -ride: G. W. Kreeger, W. B. Sanders, W. T. Rutledge, R. H. Wood and J. B. Ables. The vote to sustain the veto: J. B. Rhodes and L. C. Dodd. Veto dated 2-11-59 read in council 3-2-59 referred to council action, called out in the minutes of a special called meeting held 2-7-59. Item No. 1 of this veto. _referred to dismissal of police sergeant Herbert E. Brown. Item No. 2 vetoed the action of the special called meeting in which council authorized.the Mayor Pro-tem to sign payroll checks. Veto specifically referred to Section No. 17 of the charter which defines the functions and.responsibilities of elected officials in the absence, sickness or disqualification of the elected Mayor. -' Council, in effect declared void its action during special called meeting of 2-7-59• _10 ..sue J J. B. Ables motioned, this council over -ride the Mayor's veto. W. B. Sanders seconded.. The vote to over -ride the Mayor's veto: G. W. Kreeger, J. B. Ables, W. B. ` Sanders, R. H. Wood. To sustain the veto: L. C. Dodd and J. B. Rhodes. Abstain: W. T. Rutledge. W. B. Sanders motioned that police sergeant H. E. Brown be reinstated with -the same duties and responsibilities prioAto dismissal. Voted.5to 2 on G. W. Kreeger's second. Council voted six to one to authorize the Bank of Smyrna to recognize the signature of the Mayor pro-tem on all checks issued for salary or wages earned by the sergeant. W. T. Rutledge requested establishment of a firm policy to control these con- ditions in the future and that department heads investigate personnel prior to place- ment on city payroll. During the fifty minute discussion on this employee, City Attorney, G. C. Ingram was called upon for decisions elating to disciplinary actions, employment, dismissals, the payment of employees and authority vested in this body. The final�ction on this, (called out in the minutes for the past three month-) came when the chairman of police recommended retention of Sgt. H. E. Brown, rather X than spread in the minutes and in the press any further action of this council as well as the specific charges which prompted dismissal. Note: Payroll checks covering salary earned by Sgt. Brown, have and will be .-signed by Mayor J. M. Gibson 4J L. C. Dodd.Motioned to start condemnation proceedings to acquire a roadway from Powder Springs Street at Cheney Woods to Ward Park. Seconded by J. B. Rhodes. Voting for condemnation of property: J. B. Rhodes, L. C. Dodd. Opposed: G. W. Kreeger, J. B. Ables, W. B. Sanders and R. H. Wood. Abstain: W. T. Rutledge. Motion to adjourn: J. B. Rhodes, Seconded, L. C. Dodd. Adjourn 12w20 A.M. do solemnly swear that I will well and truly demean myself as Policeman of the City of Smyrna, and that I will faithfully en- force the Charter and Ordinances of said.City to the best of my ability, without fear or favor and in all action as Policeman, act as I believe for the best interest of the City. So help me God. Subscribed and.sworn before me this 14th day of April 1959 I, , do solemnly swear that I will well and truly demean myself a Policeman of the City of Smyrna, and that I will faithfully en- force the Chart r and Ordinances of said City to the best of my ability, Trithout fear or favor and in all action as Policeman, act as I believe for the best interest of the City. So help me God.. Subscribed and. sworn before me this 14th day of April, 1959• , do solemnly swear that I will well and. truly demean myse l as Roliceinan of the City of Smyrna, and that I will faithfully en- r force the Charter and Ordinances of said City to the best of my ability, without fear or favor and in all action as Policeman, act as I believe for the best interest of the City. So help me God. Subscribed and sworn before me this 14th day of April, 1959. I,>i 3., do solemnly swear that I will well and. truly demean myself as o is mhi 6T the City of Smyrna, and. that I will faithfully en- force the Charter and. Ordinances of said City to the best of my ability, without fear or favor and in all action as Policeman, act as I believe for the best interest of the City. So help me God. Subscribed and sworn before me this 14th day of April, 1959 I, �G�'�` do solemnly swear that I will well and truly demean myself as Policeman of the City of Smyrna, and. that I will faithfully en- force the Charter and Ordinances of said City to the best of my ability, without fear or favor and in all action as Policeman, act as I believe for the best interest of the City. So help me God. Subscribed andsworn before me this 14th day of April, 1959 Ma or f Continuation of March 2, 1959 '1241- - Ma rlJf 1 . Gibson Councilman• J. B. Ales Ja- Councilman: W. T. Rutledge ounmiiman: . W.—Kre, er i i Councilman: W. 13. Sanders April 6, 1959 Regular meeting of Mayor and Council of the City of Smyrna was held in the City Hall in Smyrna, Georgia, on April 6, 1959 at 7:00 P.M. pursuant to the charter of the City of Smyrna. Mayor J. M. Gibson presided and the following councilmen were -pre- sent: J. B. Ables, W. T. Rutledge, L. C. Dodd, G. W. Kreeger, W. B. Sanders,:and R. H. Wood. Absent: J. B. Rhodes. In the first order of business, citizen R. E. Maxwell brought to Council his problem of water service which was cut off March 9 for failure to reimbursAhe City for water line. The question of reimbursemement for water line was referred to Councilman W. B. Sanders. On other citizens' complaints Council referred to Mr. J.-B. Ables the condition ;..,of Hayes Drive as reported by Messrs. Davis, Poss, and Hayes. Authorized Mayor Gibson to activate program to assure opening of Little League ball park on South Cobb Drive.. Deferred drainage problem of W. E. Collett, 528 McLinden Avenue, to April 13, 1959. The sewerage and storm sewer complaint of Mrs. Ida Black, 201 Walker Street was referred to Mr. Ables and Mr. Hensley. Mr. Hensley also was instructed by Council to act on Mr. W. B. Sanders' report from citizens regarding the drainage problem an Pinehurst, Pinedale, Oakdale and` Oakview Drives.. . Mr. Gene Knight's request for signs and repairs to Cherokee Trail was referred by Council to the street department. Sewer problem of Boyce Davis, 195 Hill Street, was resolved on motion of R. H- Wood, seconded by.J. B.-Ables, to.correct the condition by installation of a six inch sewer line. Citizens' protest concerning zoning on Cherokee Road in the area of the Medical Center was deferred pending receipt of plat and type of commercial buildings. Mayor Gibson advised the group to return to Council on date of hearing. Re letter from Mr. M. G. Williams calling out deep gully and hazardous ravine in area of 449 Oakview Drive - Mr. Hensley to investigate and report.