09-17-1959 Continued Regular Meeting152 September 17, 1959
The continuation of the regular meeting of Mayor and Council
was held at City Hall September 17, 1959. Mayor J. M. Gibson
presided and called the meeting to order at 7:00 O'clock P.M. All
councilmen were present.
Petition.to annex,property of Aubrey Lamar McIntosh of King
Springs Road was read in Council. The improved property in land lot
485, approximately three -fourths of an acre, was, upon motion of
W. B. Sanders accepted into the City of Smyrna. Seconded by R. H.
Wood and voted unanimous.
A letter from Thomas J. Northcutt referred to an area north
of Spring Road consisting of approximately one and three -fourths
acres known as lot 14, Block A, and including life station No. 1
of the Sewerage Expansion Program. Upon suggestion that this
could become a park area in the Highlands Subdivision, W. B.
Sanders motioned this property be accepted by the City of Smyrna.
Seconded by R. H. Wood, and voted unanimous.
Bids covering 1959 year-end audit were deferred pending
receipt of three bids.
Mayor J. M. Gibson read in Council ordinance prepared by
G. Conley Ingram covering the installation of fire and police CALL
BOXES in the shopping areas of the city. W. B. Sanders moved the
ordinance be adopted as read. Second by G. W. Kreeger. Voted
unanimous.
Minutes of the meetings of Mayor and Council for the month of
August, 1959, were upon unanimous vote accepted as read.
R. H. Wood, chairman of the committee appointed by Mayor
Gibson on August 17, 1959 to consider purchase of the Peeler property
on Church Road for a city park, reported on the results and action
thus far and recommended Council authorize a thirty -day option on
this property. G. W. Kreeger moved this council authorize the
thirty -day option on this property and further this committee shall
be reappointed to discuss purchase and report back to Council.
City Attorney, G. Conley Ingram, was appointed to this committee.
Voted unanimous on J. B. Ablest second.
Councilman J. B. Ables reported on the South Atlanta sewer
tie-in and submitted two forms for Council approval. One form
represented a proposed release from mortgage holders; the other
form, a contract to be signed by the property owners. The problem
hinged on annexation,�easements, and sewer taps. This item referred,-:
to committee for October report.
Councilman L. C. Dodd read in Council a letter dated
September 17, 1959, subject: Police Department. This letter called
out police fines, court dismissals, trial results of teen canteen,
disposition of arrest fees, and establishing an information fund.
On L. C. Dodd's motion, Mayor Gibson called a special meeting of
Mayor and Council to be held at City Hall on September 23, 1959 at
7:30 P.M. W. B. Sanders seconded the motion. The vote was six to
one, G. W. Kreeger opposed.
Mayor J. M. Gibson read in Council the recommendation of
Health Engineer James M. Womack. Letter dated September 9 refers to
the expansion of the Dickson Shopping Center and recommends connection
of the shopping center to the Smyrna public sewer lines. J. B.. Rhodes
moved a committee be appointed to investigate. Seconded by G. W.
Kreeger and voted unanimous. Mayor Gibson appointed the following
committee: J. B. Rhodes, Bill Miles, W. T. Rutledge.
Letter from E. R. Whiteman, 610 Corn Road, owner.of Smyrna
Container Company, pointed out transfer of property from 0. C. Hubert
to Mr. Whiteman. The minutes of September 22, 19518•granted 0. C.
Hubert three free sewer tap ons. Council voted unanimous that lines
be run and tap on completed to Mr. Whiteman's property, on move by
G. W. Kreeger and second by W. B. Sanders.
W. B. Sanders moved in connection with street signs required
that the Street Department Chairman secure bids and basis for
financing and report back to Council. Voted unanimous on J. B.
Rhodes' .second.
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On W. B. Sanders' move, Engineer Sam Hensley was authorized
to develop the engineering and secure bids on Alternative No. 2 which
refers to the drainage problems on Pinehurst, Pinedale, Oakview, and
Oakdale Drives. (Estimated cost'$1,791.00) Seconded by J. B. Ables
and voted unanimous.
Connection of Bank Street water lines requiring approximately
200 feet of 4" pipe was authorized on motion of W. B. Sanders and
second by G. W. Kreeger. Voted unanimous.
The discussion of South Cobb water lines pertaining to ownership
and line charges was solved as follows on motion by W. B. Sanders:
the City of Smyrna shall charge all future customers the cost of all
materials used.in excess of thirty feet, plus $25.00 which represents
cost of boring under state highway, plus the prevailing meter and
installation charge. Motion seconded by L. C.. Dodd and voted unanimous.
. High water bills called out in Council at 239 and 249 North
Atlanta Street were authorized in this meeting to be written off.
Motion by W. B. Sanders, second by G. W. Kreeger, and voted unanimous.
J. B. Rhodes excused at 9:30,P.M.
Bids were opened covering the recommended purchase by J. B. Ables
of a streets department truck. On move by J. B. Ables duly seconded
by W. B. Sanders the low bid of Cooper Ford Sales in the amount of
$2,223.77 was voted unanimous. This cost for 1959 Ford F-500 includes
exchanging dump body and hoist from present truck, and V-8 motor.
J. B. Ables moved and G. W. Kreeger seconded that this truck be purchased
from the Paving Fund. The vote carried five to one,.L. C. Dodd opposed.
Councilman Sanders discussed the sixteen units on one water meter
in the Elmwood project on Aberdeen Way, owned and rented by A. L. Crowe.
Motion by W. B. Sanders that City Hall inform Mr. A. L. Crowe, that
effective with October 1 water billings and thereafter the charge would
be calculated on the basis of sixteen minimum water bills in the amount
of $48.00 per month. Second by L. C. Dodd and voted unanimous.
On motion by J. B. Ables and second by G. W. Kreeger, council
authorized Mr. Sam Hensley to make a detailed study of:
(a) caution light on Spring Road in the Highlands area
(b) Love Street signal light timed to meet traffic flow
(c) timing device at South Cobb Drive and Concord Road
(d) timing device at South Cobb Drive and Cherokee Road
Council also authorized the prepared study and cost involved of
South Cobb timers not to exceed $250.00. MEMO: - This item based
on submitted recommendation from newly appointed Smyrna Safety Council -
Daugherty, Cochran, and Black.
On G. W. Kreeger's move, Council endorsed the Junior Chamber of
Commerce program for a polio immunization clinic for the City of Smyrna,
and offered any assistance that may be required. Mr. Gary H. Sisson
was spokesman for the Jaycees.
Council rescinded previous action of September. 8, 1959 which set
the deadline date for qualifying at October 2, 1959. The date establishedf/
for qualification and voter registration Sias been set by the charter at
fifteen days previous to election date. Put in motion by J. B. Ables,
seconded by W. T. Rutledge. Unanimous.
Mr. Sam Hensley reported on proposed Atlanta Street widening and
the down -town loop improvement as called out in the master street plan.
J. B. Ables motioned a committee be named to seek out sources of
revenue to support the first phase of the master street plan and down-
town improvements. On W. B. Sanders' second the vote was unanimous.
Mayor J. M. Gibson appointed the following committee: L. C. Dodd,
Chairman;-W. B. Sanders, J. B. Ables, R. H. Wood, and Sam Hensley.
On Iyiotion of W. T. Rutledge and second by L. C. Dodd, the
meeting adjourned at 10:00 O'clock P.M.
154
Mayo :,.y--J-. M. Gibson
Counci an: J. B. Ab es
PER � ��
If - ��:
Coun i m n: U. Dodd
Cit Clerk UJnarles
Councilman: J. B. RFiodes
Councilman: W. E. Sanders
Councilman: R. H. Wood
September 23, 1959
A special meeting of Mayor and Council was.held at City Hall,
Smyrna, Georgia on September 23, 1959 at 7:30 O'clock P.M. Mayor
J. M. Gibson presided, and all councilmen were present except
J. Be Rhodes.
Purpose of this special meeting called by the Mayor, per letter
dated 9-18-59, was to act on Councilman L. C. Dodd's letter and
motion of 9-17-59 which called for investigation of Police Department
fines, court dismissals, arrest fees, trial results, and attempt to
establish an "Information Fund."
In the first order of business, Police Chief T. Paul Epps
was requested to answer part one and part two of Councilman-L. C.
Dodd's letter pertaining to police fines and dismissals in City
Court.
The only motion during the half-hour meeting came as G. W. Kreeger
read the following letter dated 9-21-59:
TO: Mayor and Council
SUBJECT: Police Department
REFERENCE: Letter, dated September 17, 1959, to Mayor and
Council from L. C. Dodd, alleging irregularities,
Police Department.
Information set forth in reference letter certainly deserves
some immediate attention due to the seriousness of its
allegations. This will require extensive research and
investigation to determine validity of information contained
therein.
We all recognize the fact that during this administration,
on at least two different occasions, this body has attempted
to conduct investigations on matters of similar nature and
was unsuccessful due to the fact that we have no legal
authority to subpoena evidence and witnesses. This is un-
fortunate in one respect, however we all must agree that we
are very fortunate and grateful for.the privilege of living
in a country where courts of justice prevail.
-Ie must also face the fact that the only official body at
our disposal, since our civil service merit board has been
ignored and the. problem publically aired, that can handle an
investigation of this kind, are the courts.
I, therefore, move that this matter be referred to the
Solicitor of Cobb Superior Court, requesting that a thorough
investigation of the Police and Recorder Court activities
,during this administration be conducted by the next term of