08-03-1959 Regular Meeting1 6 ..
August 3, 1959.
The regular meeting of Mayor and Council of the City of Smyrna
was held in City Hall, Smyrna, Georgia on August 3, 1959 at 7:00
O'clock P.M. pursuant to the City charter. Mayor J. M. Gibson being
absent by reason of planned trip to Chattanooga, Tenn., Mayor Pro-Tem
G. W. Kreeger presided; and all Councilmen were present.
In the first order of business, "Reports from Citizens", Mrs.
Charles G. Waites of 572 Ventura Road presented a petition listing
twenty-three names of neighbors within the area of influence, stating
their agreement to permit petitioner (Mrs. Waites) to operate a day
nursery, provided however that Mrs. Waites fully comply with all exist-
ing City ordinances as well as rules and regulations of Cobb County
Health Department. Council advised Mrs. Waites that 1959 City inspection
fee ($25.00) shall be paid at City Hall after written "inspection reports
are submitted by police and fire departments; building and electrical
inspectors; and approved Cobb County Health report.
Council listened to both factions regarding the licensing of
Kaye's Beauty Service, 136 Parkway Court, in Cherokee dills. Council
on July 6, 1959 granted business license based on applicant's
representations and on petitions submitted. On the basis of submission
of protective covenant calling out use as residential in land lot
No. 419, Council on J. B. Rhodes' motion rescinded previous action
which granted business license to Mrs. Michael Rello. R. H. Wood
seconded the motion. Voted unanimous. City Clerk authorized to refund
1959 inspection license tax in the amount of $25.b0.'
The second public hearing to rezone the H. I. McArthur property
on South Cobb Drive from residential to commercial came up for Council
action. Attorney Garvis L. Sams represented the petitioner; Mr. H. A.
Peeler was spokesman for the opposition. W. T. Rutledge motioned to
defer to September meeting, pending debatable question on the zoning of
surrounding property on Lusk Drive. Vote to defer was unanimous on
J. B. Ables' second.
Two claims for damages against the City of Smyrna came before
Council - the first involved a car moved by the police; the second
referred to damages to a fence on Davis Road.
J. B. Rhodes recommended (to avoid court action) that City
reimburse Glenn Gunter of 1�4 Thompson Drive, Smyrna, in the amount of
$247.68. On second by'J. B. Ables the motion carried, five,.to one,
W. B. Sanders voting against. MEMO: On August 5, 1959 Glen Gunter
was issued check on City of Smyrna General Fund in the amount of $247.68.
Release was signed in presence of City Clerk and filed for record.
The damage to fence, per report of Mr. 0. L. Ellis of Davis Road
claimed police car skidded into fence while in pursuit of another car.
G. W. Kreeger recommended this be referred to insurance carrier or held
pending claim from"Mr. 0. L. Ellis.
Council discussed and established a Contracts Committee headed by
Councilman J. B. Ables, L. C. Dodd, and W. T. Rutledge. It was suggested
this Committee be responsible for the investigation of City contracts,
business license procedures, contractors and sub -contractors.
W. B. Sanders moved this Committee investigate the sub -contracting of
manholes to construction department employees. Seconded by R. H. Wood.
Voted unanimous.
Mr. Mayes Hamby appeared and claimed City violated contract regard-
ing ninety -day limitation on the installation of sewerage, laterals and
further that the contract was null and void for both parties as of date
of this meeting. In discussion, W. B. Sanders motioned this Council
authorize City Clerk to purchase materials for sewerage laterals, water
lines, and necessary accessories and that the contractor complete the
job as agreed on Mr. Hamby's property and further authorized this work
to start within one week. Motion seconded by W. T. Rutledge. The motion
carried five to one, L. C. Dodd opposed. MEMO: Clean-up operations
called out by Mr. Hamby referred to Mr. Sam Hensley as well as specifi-
cations and pipe required for sewer and water lines.
J. B. Rhodes moved the status of Patrolman J. B. Adams and Radio
Operator T. L. Brown be changed effective this date from temporary
employees to permanent status pending Merit Board examinations. On
R. H. Wood's second, motion carried.
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August 3, 1959
Police Chief T. Paul Epps addressed Council on personnel problems
and police department statistics, recommending a sixteen -man police
force and purchase of walkie-talkie radio equipment for foot patrolmen.
Based'on estimated added costs, J. B. Rhodes recommended deferrdent
pending report on finance, and suggested build-up of police department
shall be on a gradual basis. Per Chief Epps' request, L. C. Dodd
moved'to purchase police department adding machine at $152.00. Motion
carried.
Engineer Sam Hensley reported on sewer project, South Atlanta tie-in
and proposed two alternatives for Council consideration. The first plan
called out the sectioh of Wills Street, Quarles Avenue, and South Atlanta
Road affecting twenty homes more or less, at a cost of $23,800.00. The
other alternative, costing $25,000.00 would serve an area.affecting
over 100 homes in the'Collier Drive, Pretty Branch, Northview, and'.Forest
Hills sections. Mr. Hensley was authorized by Council to contact people
in areas and discuss the issue and benefits, also to make tests and report
on hrock conditions.
s`9`30 P.M. Councilman J. B. Rhodes excused.
Minutes of Mayor and Council meetings held at City Hall during
July, 1959 were read in Council. On R. H. Wood's motion, seconded by
J. B.,Ables, minutes were accepted as corrected.
The problem of city garbage disposal area came up before Council
again as Citizen Ira C. Benoy of Cooper Lake Road claimed conditions
were -intolerable and a menace to health, and ended his complaint with
challenge of suit against City and/or injunction to prevent use of the
area for garbage disposal. Action came during the long discussion when
J. B. Ables moved to send city dozier to the dumping area on Tuesday
morning 8-4-59, the assignment of operator and equipment to continue
until the job is completed and the conditions corrected. W. B. Sanders
seconded the motion. Carried five to one, L. C. Dodd opposed.
Council discussed scheduling 1959 audit of City books and suggested
Mr. L. C. Dodd make contacts with auditors and present his recommendations
in Council.
R. H. Wood moved City accept deed'from Schley Thompson,'and further
that City accept responsibility for clearing all debris upon completion
of road -way. Voted unanimous on J. B. Ablest second.
Items No. 12, 14, 16, 17, and 18 of 8-3-59 agenda deferred.
R•.'
Meeting recessed at 10:40 P.M. 8-3-59 to 7:30 P.M. Monday, August
17, 1959.,,#oti�o�n and second - J. B. Ables and L. C. Dodd.
I
yor: ' J. M. Gibson
Councili2P: J. B. Ables
Counci man: W. T. Rutted
QA�
Counci C. Dodd
Councilman: G. W. K eeger
Councilman: J. B. Rhodes
Council -marl- W B. Sanders
Councilman: R. H. food