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04-19-1958 Recessed MeetingApril 191 1958 . The recessed meeting of April 12, 1958, was called to order by Mayor J. M. Gibson on April 19, 1958, at 9:00 A. M. at City Hall, Smyrna, Georgia.. The following Councilmen were present: Messrs. J. B. Ables, J. B. Rhodes, L. C. Dodd, W. B. Sanders, J. V. Brooks, R. H. Wood. Councilman G. W. Kreeger was absent. Mrs. White, of Ventura Road came before Council and stated that a storm sewer pours out too close to her property and backs up in rear yard, also dangerous to children in vicinity. Mayor J. M. Gibson estimated the cost of $100.00 to correct.this condition The problem was referred to Councilman J. B. Ables to investigate storm sewers and determine responsibility. Mr. Jerome.Theisen of 293 Pinehill Drive, President of Cheney Woods Civic Club stated that without securing an easement the city dug up his back yard searching for stopped up sewer line, and failed to repair the.damage. .Mayor J. M. Gibson stated repair or refill would be completed by the City. Mr. G. Conley Ingram, City Attorney, will arrange an appointment with Mr. Theisen to secure easement on his property and other property ad'acent to his, providing Mr. Theisen said, "The City will restore all.landscaping if future digging is necessary. Mayor and Council were presented with a copy of the injunction filed by Mr. Robert Lewis of Bob's Tavern. Said injunction relating to revocation of petitioner's beer license attached to the minutes and made a part thereof. Hearing set for April 26, 19589 10:00A.M. Cobb County Superior Court. Mrs. McIntyre representing National Audubon Society.and.Garden Clubs of America requested that Council adopt a bird sanctuary ordinance. Motion to adopt ordinance as read by Mr. L. C. Dodd. Seconded by Mr. J. B. Ables. Voted unanimous. Note: Ordinance signed, sealed and delivered to Mrs. McIntyre at City Hall, April 22, 1958. Mr. J. V. Brooks requested Council approval to repair Parson's ditcher by reason of high rental cost of Back.Hoe. (Estimated re- pair cost approximately $1,700.00). Motion made.by Mr. J. B. Rhodes that we have machine repaired. Seconded,'by Mr. R. H. Wood.; Voted unanimous. Mr. Conley Ingram stated that a hearing had been set for Friday, April 25, 19589 10:00 A. M. in Fulton County Civil Court for the City of Smyrna, Georgia vs. A. V. Bolton and at that time Mr. Ingram will.request a jury trial be set for the following week.. The issue is recovery of machinery now held by A. V. Bolton. It was stated that the Internal.Revenue-Service held two (2) liens against the property on Bank Street known as Fay's Cafe. The deed to this property has been signed by the seller to the City and payment of $7,500.00 held in escrow account. Mr. Ingram is ready to close and upon release from Federal Govertment liens, property will be wrecked and land cleared. Building Inspector W. W. Kidd stated that the building on the J. D. Anderson property on Bank Street purchased by the City of Smyrna was of no value and tear down operations would start on date tenants vacate. Tear down means that lot will be cleared of all rubbish, mortar, bricks etc. ? It was suggested that the plans for the new City -Hall be re- designed to delete basement, change wiring and plumbing lines. Re- ferred to Councilman J. V. Brooks and Building Inspector W. W. Kidd. Per Mayor J. M. Gibson the County Commissioner agreed to assign crews to resurface Spring St. and Roswell Road and also surface the road -to Ward Park. Councilmen R. H. Wood and G. W. Kreeger will continue nego- tiations on right of, way through the Thompson property. Progress on negotiations with Mr. Thompson will be reported next meeting. e 7 Continuation April 19, 1958 E 1 ° 4 h' Mr. Sam Hensley reported on progress made during prior weeks, covering Bennett, Ward, Northcutt and easements through the Crow property. He stated Mr. W. A. Shipp was progressing on the Bassin property and setting up escrow funds to complete water and sewerage lines. Per Mr. Hensley: Trunk lines for the Northcutt sub -division will be started after bid selected by Council has been approved by the Federal Government. Bids on this expansion program are scheduled for opening 5-5-58 7:00 P. M. After approval by Federal Government the starting date was estimated by Mr. Hensley as the first week of June, "'1958. Motion made by Mr. L. C. Dodd that the statement from Hensley and Associates in the amount of Fifteen Hundred Fifty ($1,550.00) 'dollars for the redesigning and engineering and relocation of the outfall line and lift station through Hickory Hills be paid from the Federal Grant Project Funds. Seconded by Mr. J. V. Brooks. Voted unanimous. Mayor Gibson pointed out'that all payments from Federal Grant Project Funds.shall__bv_ ptead_on the .minutes .and three (3) in- voices will be required covering purchases. Mr. J. V. Brooks to follow-up. Mr. J. B. Rhodes motioned to adopt the resolution as ammended by adding the "First National Bank of Atlanta" to the resolution callin out a contingency loan in the amount of Thirty Five Thou- sand (35,000.00) Dollars. Seconded by J. V. Brooks. Voting for: J. B. Ables, J. V. Brooks, L. C. Dodd, G. W. Kreeger, R. H. Wood, J. B. Rhodes. Mr. W. B. Sanders abstained. Mayor Gibson suggested the Thirty Five Thousand ($35:000.00) contingency loan be drawn on Bank of Smyrna as follows: First note dated April 19, 1958 in the amount of Twelve Thousand ($f2,000.00) Dollars; Second note dated May 19, 1958 in the amount of Twelve Thousand (12,000.00) Dollars; third note in the amount of Eleven Thousand ( 11,000.00) Dollars on June 19, 1958. Mr. L. C. Dodd made a motion to give Mayor and City Clerk authority to sign the note at bank for Twelve Thousand ($12,000.00) and the suceeding note and the third note if required. Seconded by Mr._J. B. Ables. Voted unanimous. Mr. J. B. Rhodes made a motion that an ordinance be drawn up to the effect that the due date of taxes in Smyrna, Georgia be divided into two (2) sept::rate due dates in equal installments, the first being due no later than June 30th, the second being due no later than December 31st, and that delinquent dates be July 1st in the first instance and January 1st in the second in- stance and that fi fas and penalties allowable by law be assessed on and after these delinquent dates. Seconded by Mr. L. C. Dodd. Voted unanimous. It was unanimously agreed that leniency should apply in hard- . -ship cases and on personal property taxes. Mr. Tom Kehoe demonstrated to Mayor and Council'an'emergency portable oxygen unit designed mainly for Police cars for use pend- ing,arrival of ambulance. Considered as administrative item and referred to Councilman J. B. Rhodes and'Chief M. L. Robinson. The following is a statement prepared by Councilman J. B. Rhodes and read in Council this 19th day of April,'1958: "Thisstatement is being made to precede a formal motion which I intend_ to make at it's conclusion. Our courts were originally activated under the Constitution of the State of Ga., and the U. S., to as far as possible, avoid injustices and inequities and further to provide penalties for injustice and compensation for inequites. There are'other'func- tions of the courts I am sure, but being a layman I am not in position to outline all its functions, howeveg,"­,I am fairly well certain that the above functions are definitely 1 rovided for the protection of each person, firm, corporation etc., coming under F Continuation April 19, 1958 each Court's jurisdiction. The City of Smyrna is now faced with a court complaint which has not been resolved fully as yet. The Supreme Court of Ga., has agreed to hear a petition and has set a date for the hearing for June 9, 1958. This complaint will not stand up in any Court, in my opinion, if a decision is made simply*as to application of the particular Code Section which the plaintiff is using to establish a Right to do Business in Smyrna. I am of the opinion, however, �. that the Courts may find in favor of the Plaintiff on a Constitutional point regarding this Code Section. It is my opinion that the Legis lature has erred in granting a Right to some who are engaged in the Malt'Beverage Industry and denying that Right to others who are en- gaged in the Malt Beverage Industry, especially since out basic Statute is what is commonly known as the "Bone Dry Law". All other related Statutes are simply amendments to this Bone Dry Statute. These related Statutes allow limited discretionary'powers, but certain- ly none contrary to our Constitution. The Council has acted 'to' revoke alf' kailt'_Beverate Licenses in Smyrna without a hearing and without formally serving notice and cause for this action. The cause can be anything we deem appropriate to use, but I cannot remember an instance where an outright revocation was ever made, either by Local Authority or by State'Authority with- out a hearing. Suspensions are quite frequent even to Padlocking if deemed necessary, but the Suspension is always followed by a hearing. This was true -even before the 1955 Statute which is now in question. I take the position that I do not intend'to'become a party of an execution before the defendant has had his last remedy at Law, es-, pecially'when there is only a period of time involved from April 26 to June,9. An adverse ruling by the Supreme Court could subject the City of'Smyrna and its officials to a Court action for damages all for sake of 40 days respite on our part. As far 'as 'I am 'concerned the question of Wet or 'Dry has already been determined; I don't pose that issue at all. This is simply a question of justice vs injustice, or is April 26 right or wrong. Is the date of the Courts final decree right or wrong? I. Mr. J. B. Rhodes, Councilman of Ward One (1) City of Smyrna, Georgia, therefore move that the effective date of the revocation be postponed until the Courts have rendered a final decision on this Section of Law as raised by the complainants involved." Councilman J. B. Rhodes failed to obtain a second to his motion. As part of the minutes, Mayor J. M. Gibson stated, quote " I concur with the statement as presented by Councilman Rhodes." end quote. Motion by Mr. J. B. Rhodes that City Attorney defend this Council properly and adequately in regards court proceedings on revocation of beer licenses. Seconded by Mr. R. H. Wood. Voted unanimous. Mr. L. C: Dodd announced that he and Mr. Ingram are drawing up and phrasing an ordinance covering the dog leash law. Motion was made by Mr. R. H. Wood to'allow the painting of signs inside the fence of the Belmont Park. 'Seconded by Mr. J. B. Ables. Voted unanimous. Councilman R. H. Wood requested advise on furnishing water and sewerage for the new addition of the First Baptist Church. Mayor Gibson reported the sewer line'was not deep enough in the area of the Church grounds and recommended the Church Building Committee consider a lift station. Mr. L. C. Dodd moved to reimburse Mrs. Beverly Dubuc, Civil De- fense Director for expenses reported for March 1958. Seconded by Mr. J. B. Ables. Voted unanimous. Mr. L. C. Dodd requested the time be extended on repairs to build- ing at ill North Atlanta St. This building sold by Mrs. C. K. Mordt to J. F. Bradfield and ititle search is in progress. ft ,S 73- Continuation April 19, 1958 Letter was read by Mayor J. M. Gibson from Mr. A. C. Shepherd of Smyrna Chamber of Commerce requesting a special joint meeting of the Board Members of Chamber of Commerce, City Council and Planning and Zoning Commission to study the master plan. Council suggested Mr. Shepherd call the meeting and.Council.and Planning Committee would attend. Merchants in the Dixon Shopping area signed a.letter commend- ing the Mayor and Council for installing the long overdue traffic signal at South Cobb Drive and Concord Road. Councilman L. C. Dodd, Chairman of Finance read from his prepared report the revenue requirements necessary to meet second quarter operating -expenses, Due to the large decrease in estimated income, Mr. Dodd stated, prevented at this time, his submission of second quarter appropri- ation by department and recommended to Council the following: 1. Immediate appointment of a:special committee to devote Its time to provide sources of additional income. 2. That this committee make recommended appropriations. 3. That the street department receive no appropriations for the 2nd quarter other than proceeds from paving assess- ment negotiated. 4. That each department head examine his work force and jus- tify his personnel to the special committee. 5. That water department negotiate to obtain a better rate from Cobb County Water Authority. 6. That an ordinance be adopted making mandatory the pay- ment of taxes in two equal installments. 7. That a committee be established to study and consolidate departmental functions and reduce personnel where permiss- ible. 8. That compensation be reduced to $50.00 per month for Council- men and $100.00 per month for Mayor. Mayor J. M. Gibson appointed all Councilmen and himself to serve as a committee and called for a special meeting to be held at City Hall, April 23, 1958 at 7:00 P. M. He requested each member to study the current problem and be prepared to offer individual recom- mendations to provide sources of additional revenue. Motion was made by Mr. J. B. Rhodes to adjourn until Monday, May 5, 1958 at 7:00 P. M. Seconded by Mr. J. B. Ables. Voted unanimous. s• Ma r: J. M. Gibson Ci y _C, r• L., r a es Dune loran• J B. bodes Oe Cou 7 4, 1 W^B. nders r Councilman: R. H. Wdod f