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10-05-1959 Regular Meeting1@55 Grand Jury, and that we further request that the investigation results, along with specific recommendations for correcting any malpractice, if found to exist, be furnished this body. Respectfully, (;Signed) George W. Kreeger In discussion Ci.ty Attorney G. Conley Ingram ruled this body has the power to act on or dispose of any charge against City employees and further these investigations could be handled by the Civil Service Board. Motion by G. W. Kreeger this letter be accepted. Second by W. T. Rutledge. The motion carried five to one, L. C. Dodd opposed. Motion to adjourn - J. B. Ables. Second - G. W. Kreeger. opposed. Ad jouAned 8: 03 P.M. yor: - J . ivi. uioson Counc' an: J. B. Ables Councilman: W.-T. Rutled Council -ma C. Dodd Motion carried, five to one, L. C. Dodd Councilman: W. B. Sanders Councilman: R. October 5, 1959 Pursuant to City of Smyrna Charter, the regular meeting of Mayor and Council was held. October 5, 1959 at 7:00 O'clock P.T,:. at City Hall. Mayor J. M. Gibson pre- sided, and. the following councilmen were present: J. B. Ables, W. T. Rutledge, W. B. Sanders, R. H. Wood, and L. C. Dodd. G. W. Kreeger arrived at 8:25 P.M., and. J. B. Rhodes was absent due to illness. Also in attendance, City Attorney, G. Conley Ingram and Engineer, Sam Hensley. Meeting was called to order 7:00 P.M. Mrs. Grady L. Chaffin, spokesman for the Smyrna Junior Woman's club addressed. Council on existing safety 'hazards as follows: Item No. 1 - parking at yellow curb adjacent to sidewalk at Belmont Hills - Shopping Center. Item No. 2 - broken sidewalks in area of Smyrna Elementary School. Action: Motion by R. H. Wood., second. by W. T. Rutledge that this Body draft letter to the Belmont Hills Company calling out the safety hazard and request deletion of parallel parking at sidewalk. Motion by W. T. Rutledge, second by R. H. Wood that the Street Department be authorized. to investigate and correct broken sidewalks in area of Church and. Reed.Streets and.repair if cost is not prohibitive. In both actions, the vote was unanimous. On Mr. 0. C. Hubert;s request, Councilman W. B. Sanders motioned this Council allow three sewer tap-ons as a concession for approximately 750 feet of sewer lines laid across his property. Second by R. H. Wood. Unanimous. ���= i October 5, 1959 Continued. 157 a� z•= --In connection with 1951 sale of six lots on Pinecrest Circle (B. L. Walker to 0. C. Hubert) it was -stated. by Muir. Hubert that six paid.sewer taps were included in transaction at time of sale. Mr. Hubert agreed to pay for new line running parallel to Corn Road to location of new out -fall line in area of old Imhoff station, and City r#;a'run laterals from this lire to the six lots on Pinecrest Circle. Action tabled per "J; . B. Ables motion, second. by W. B. Sanders, pending review of prior minutes for verification of and.reference to Mr. Hubert's stated agreement. On the extension of Jonquil Drive to connect with South Atlanta Road. per Mr. 'O.-C:==Hubert1s suggestion, Mayor J. M. Gibson reported the master plan calling out the • Love*'Street underpass would solve the problem. - -The repetitive drainage problem came before Council as a group of citizens i:xirom �PirieYiu"rst, Pined.ale, Oakview, and. Oakdale Drives appeared in council for solution to 'a problem they claimed, becomes more hazardous each year. Engineer Sam Hensley stated. bids requested., were incomplete and requestedad.ditinnal time. Action came when Mayor J. M. Gibson said he would. lay 100 feet of 44 inch pipe into the project, and. W. B. Sanders offered°`to secure necessary easements. On the second complaint of muddy water on `test Bank Street, Councilman W. B. !i L O'aT Sanders accepted the responsibility to tie in the two deadend.lines on Bank Street immedlately, using W ter Department funds and personnel. Mayor J. M. Gibson assigned. R. H. Wodd to contact property owners and so17:e the traffic problem. in the alley way between. Old Highway 41 and.Fuller Street. Mr. J. B. Ables read in council his letter pertaining to a monthly charge or, ,,-,,f.water bills in the amount of $1•.00 for seuerage disposal affecting citizens connected. to Cbbb County Water System, claiming these people are charged double for sewerage disposal operations and services. Mr. Ables moved. discontinuance of said billing of $1.00 per month and overpayment to the City be credited.to all affected. citizens, sadrpredit to apply on subsequent garbage disposal fees until amount due is repaid.in full. In discussion., W. B. Sanders requested this item be tabled pending review of minutes relating to authokity for $1.00 per month sewerage operation and service charge, with instructions to City Attorney to check and -report legality of fees charged on water -dnd 'tax• billings.,, 'In ,* Agenda called.out sewer line concessions granted by negotiations to A. L. Crowe and B'rawrier properties. G. .6d. Kreeger moved, second by R. H. Mood that the A. L. Crotae -lines and/or laterals be installed as per original contract and further Mr. Crowe declare by letter, annexation of all the affected. units in the Elmwood. project on Aberdeen Way. L. C. Dodd motioned., duly seconded by W. B. Sanders that Engineer Sam Hensley repo-t to council all footage and costs regarding Brawner concessions. The following letter dated October 8, 1959 was mailed from City Hall: TO: All Registrars and. Managers FROM: City Hall SUBJECT: 1959 Election, This is to certify that according to records of the City of Smyrna, a regular meeting of Mayor and Council was held. on October 5, 1959 at 7:00 O'clock P.M. - in the City Hall. Mayor J. M. Gibson_ presided. and all councilmen were present except J. B. Rhodes. On motions which carried unanimous vote the following citizens are called out in the finalized minutes of said meeting and 'shall constitute the Election Board for the 1959 Election to be held November 7, 1959. Appointed .as registrars for -the coming election and authority assigned to assist `the election, managers: - Mrs. Calvin Johnson, Jr., 1.1r. Tom C. ?oon, Mrs. Paul Hensley. alternates: - Mr. Bill E. Miles and.r�m. H. A.•Hughes. Appointed as election managers for the coming election: - Mr. E. I. Bacon, Airs. W. V. Dobbs, Pair. 0. L. Pogue. IN _VJI SS Z EOF : I h6�-e hereunto set my hand. and affixed the seal of this City �a,,ed.aryT of October, 1959 r ---- -- b 6-nea) o . M. UibSon, i or igne ; . yr. za,._e5, 15$ October 5, 1959 Continued x ..,,�_• G. Corley Ingram read in Council "Section Three" as an amendment to existing ,Drainage, Orlon-ance enacted. by Mayor and Council July 14 1958. Council approved amended ordinance dated.10-5-59 as read which pro des in "Section Three" stiff Eena7;ties for all subdividers and developers who violate or fail to abide by the accepted regulations of Mayor and Council. Ordin*ce, as amended., accepted by Council on unanimous vote. Motion to accept as read _ -by J._1 B. Ables. Second. by G. W. Kreeger. ME�'MO.: - Reproduced copies of amended ordinance to the mailed from City Hall to all builders of record based. on 1959 approved Business License applications. rdt fY!? Councilman J. B. Ables read. in council his, prepared. letter on "Street Construc- tion and Developments" which called out violations of paving and. drainage ordinances. Item No. 1 of said. letter referred -to Parkway Drive in Cherokee -Hills: - ACTION: - Motion by J. B. Ables, second.by W. T. Rutledge, voted unanimous: - ..�c "I therefore move that the developer be. given fifteen days (weather permitting) ,to bring, this street within the specifications. If at the end. of the fifteen day priod the -problem has not been corrected, the responsible party be dealt with as any other violator would.be as recommended.by our City Attorney." Item No. 2 of said letter referred to the "Bennett -Shipp Developments". ACTION - Motion by J. B. Ables, second by G. W. Kreeger, vote carried, five to one - L. C. Dodd opposed.:- ' "I therefore move that no further water and sewer ssrvices be furnished. these two developments until they reach an agreement on respon-sibility and correct the problem". Item No. 3 of said letter referred to T. J. Northcutt development, the specific area.called out as intersection of Spring Road at Glenroy Place. ACTION - Motion by J. B. Abl-es : "I therefore move that this development not be accepted by the City and that' no water, and_ sewer services be furnished. until this problem has been corrected. to file 'Atisfaction of the City Engineer and the writer." Deferred by Council pending chec�r of surface water problem in area called. out by' Engineer Sam Hensley and. J. B. Ables. r6tter read in council signed by Mrs. Margaret K:•Bassin: �S'JT JECT" -Dem-and for claim under Georgia Code, Section 39-308. `Claim hinges on monetary damages by reason of lift station erected per plat drawn and. approved by "Shipp -Bassin" in Cardinal Lake Manbr, said, lift station, lines and taps and. cost of Yoemaps pump having prviously been paid in advance by Mrs. ria�rgaret-K.' Basssin. Mrs. Bassin now claims per letter on record, lots No. 11 2, and 5 are damaged to the extent of $8,100.00 by reason of erection of said lift station and previously mentioned.Yoeir,ans pump together with the sewerage lines over above mentioned property. Damage to aforesaid property upon receipt of City of SmyYVna check in the amount of $8,100.00 trill result in' a beed� to the land in, question. Council advised that any further action be referred to City Attorney G. Conley Ingram: This administration, having experienced two year-end audits in march 1958 and'March 1959 at high costs to taxpayers, suggested an interim audit of the 1959 books covering' preliminary detail with final report early in January 1960 for the incoming administration. In the interest of econor.y and. City Hall efficiency, Finance Chairman L. C. Dodd, per council approval, requested three bids. Three auditing firms (local CPA's) were contacted and requested to review current books, which they reported. in excellent order and bids were submitted. Bids, opened. above date, are as follows: - (1) William E. Farrell & Co. (C.P.A.) $13000.00 (2) rapier and Hamrick (C.P.A.) $2,200.00 (3) James H. Collins (C.P.A.) $11010.00 Councilman L. C. Dodd moved., seconded. by R. H. ,Mood. the low bid. of W. E. Farrell be accepted and per agreement interim audit commence immediately. In C' s- " cussion, W. B. Sanders amended. the motion with the' f ollowin€' restriction: "Audit of City books shall start no earlier than November 1, 1959.11- Amendment to Dod.d's motion seconded by W. T. Rutledge. Carried five to, one. Voting for the audit v rest`ri.ctior_: - G. W. Kreeger, W. T. Rutledge, J. B. Abler, W. B. Sanders, and R. H. t�ooc]. toting against the audit restriction: L. C. Dodd. i4avor„ J. M. Gibson called a recess. *sr- SL�f '``Meeting recessed 10:30 P.M. to October 12; 1959 "at 7:30 O'clock P.M. at City Iiall . /j M. Gib- ulty U- err:: L �� �riejg" \ u0UfiC- 1i:a I : v . D. t 1c a `Coiincilhan: W. T. Rutledge Councilman: L. C. Dodd 159 October 5, 1959 Continued. r Councilman: W. B. Sanders Councilman: R. H. Wood. ` October 12, 1959 . Continuation of the regular meeting of Mayor and Council was held. at City Hall October 12, 1G59. Mayor J. M. Gibson presided. and. called. the meeting to order at 7:30 O'clock P.M. Present: - Councilmen G. W. Kreeger, W. T. Rutledge, J. B. Ables, R. H. Wood, and L. C. Dodd. Absent: - J. B. Rhodes, due to illness. Excused to 9:30 P.M., W. B. Sanders. .In attendance: - City Attorney G. Conley Ingram and Engineer Sam Hensley. Oral report to council regarding completion of Smyrna Sewer Expansion Project called out the cost, balance in fund., and, that all financial papers had been bubmitted to auditors for review and completion of final report on Federal Grant. Also sub mitted. - bank balances as of October 12, 1959, accounts payable for September purchases, ar_d..the necessity of a minimum dollar loan was brought out. Council agreed to hold purchases to a minimum during October and November pending re- ceipt of last half taxes. . Minutes of the meetings of Mayor and Council, month of September, were read in council, and upon unanimous vote were accepted as corrected. Councilman J. B. Ables, Chairman of Day Nursery Committee, recommended in council that square footage per child. as called out in existing ordinance shall remain in effect for protection of our children. J. B. Ables moved., duly seconded by W. T. Rutledge, that Day Nursery Ordinance be amended as follows: - "Before a Day nursery shall be allowed to operate in residential zones there must be furnished to this governing body a notarized. agreement by at least a two-thirds majority of the property owners within a radius of 300 feet from' -the center of the Day Nursery property. Also that ample time be given to the operators to obtain such an agreement. Ample time being by the end of the current school term, and in the event such an agreement has not been furnished this body by the end of the current school term, then and only -then, will the City refuse to allow such Nurseries to operate in a residential zone." COI,�NIITTEE REPORTS Councilman R. H. Wood. motioned. the committee on the_option and/or purchase of the H. A. Peeler property, 501 Church Road, attempt to negotiate an option for ninety days(90) and further stipulated.that Finance Chairman L. C. Dodd. determine method of financing land and. improvements intended for future library and Little League Fark. Committee was authorized a limitation of $100.00 for cption. J. B. Ables seconded the motion. Voted. unanimous. In the absence of J. B. Rhodes, action of Dickson Shopping Center proposed ex- pansion was deferred. Engineer Sam Hensley reported. in council progress to date on proposed.street improvement and down -town loop of the Smyrna Master Plan. J. B. Ables set a date for affected property owners in the Pretty Branch area to meet with his committee at City Hall October 15, 1959 at 7:30 P.M. to negotiate right-of-way easements for proposed.city sewerage system. In other action, Mayor and Council: - (1) by passed. action on purchase of street signs pending additional bids. (2) heard a report from Sam Hensley on traffic light changes affecting areas_• on South Cobb, Spring Street, and Atlanta Street. Councilman G.-UT. Kreeger recommended this item be tabled.by reason of cost. G. W. Kreeger motioned,- second W. T. Rutledge, that engineer prepare study of left turn lane and a motioned,, through lane at Love and. Atlanta intersection.