12-07-1959 Regular Meeting165
December 7, 1959
The regular meeting of Mayor and Council was held pursuant to charter at City
Hall, Smyrna, Georgia, on December 7, 1959 at 7:00 O'clock P.M. Mayor J. M. Gibson
presided. All councilmen were present except L. C. Dodd.
Meeting called to order 7:00 P.M. First item appearing on agenda referred to
run-off election to select a Councilman for Ward No. 1, there having been no candi-
date receiving a majority in the general election of November 7, 1959. City Clerk
read the results as attested by election managers which called out 135 votes for
R. J. McCurry; 87 for J. B. Rhodes; with eight votes disqualified. Council voted
unanimous to accept the certified.results. Motion, W. B. Sanders; second, G. W. Kreeger.
REPORTS OF CITIZENS
Mrs. Joe Astin, 415 Wayland.Court, requested refund of $12.50 representing last
half of 1958 Business License paid to cover operations of a salvage collection busi-
ness by her now deceased husband. The vote to refund was unanimous on J. B. Rhodes'
motion. 1-
Council referred to City Engineer one street light at intersection of South Cobb
and Floyd Drives per request of Mr. McGahan.
Drainage problem -in area of 137 Sherwood Road was referred to City Engineer.
Also referred to Mr. Sam Hensley, City Engineer, the request for zoning an area
in the Roswell Whitfield section for an apartment project. Plans for this project
had prior approval by building inspector as stated by Mr. J. Cook of D. L. Stokes.
Council authorized, on W. B. Sanders' motion, to inspect area in the light of existing
ordinances and set the date for public hearing at January 4, 1960. Second by G. W.
Kreeger and voted unanimous. (MEKIO) As of December 24, 1959 application for zoning,
plat, and legal description as well as check covering advertising costs had not been
forwarded to City Hall, thus delaying said hearing.
Mr. H. B. Heard of Decatur Truck & Equipment Co., Inc. submitted figures covering
trade-in of -one sixteen yard Pak-Mor sanitation unit for one twenty-eight cubic yard
Lo-Boy demonstrator (net cost $7,700.00). Letter calling out specifications and. quo-
tation referred, on W. B. Sanders' motion, to Mayor -elect G. W. Kreeger.
As in all other --meetings during 1959, a drainage dispute again came up in this
final meeting of current administration. Bennett Realty Co. and William A. Shipp
appeared with counsel in connection over action called out in previous minutes which
cut off water and sewerage services pending solution of a problem affecting both deve-
lopments. The problem and council action arose from a 42 inch drainage pipe which ran
off surface water at the lowest point in the Bennett property to the newly developed
property of W. A. Shipp, who claimed he installed an 18 inch drainage pipe under
Lake Drive according to Cobb County specifications. Action came during a lengthy de-
batebetween developers and attorneys when Councilman J. B. Rhodes motioned this council
rescind previous action of October 5, 1959 which banned water and sewerage services of
parties involved. On R. H. Wood's second., the vote was five to one - J. B. Ables
opposed. On W. T. Rutledge's motion, seconded by J. B. Rhodes, council approved the
City bear the expense of installing fifty feet of 42 inch pipe under Lake Drive. The
--motion carried, four to two - W. B. Sanders snd J. B. Ables opposed.
Reading of "I.minutes of council meetings, month of November 1959 was deferred until
all citizen complaints were heard and further deferred to recessed meeting to be held
December 15, 1959. Unanimous vote.
On a motion by W. B. Sanders, second by G. W. Kreeger, the property of A. L. Crowe
consisting of sixteen houses known as Elmwood subdivision was incorporated into the
City on unanimous vote. City of Smyrna has provided at no cost, by reason of contract,
1 sewerage for sixteen houses in this project.
Zoning from -residential to business, the property of Georgia Development and
Investment Company on North Atlanta Road, was denied on motion of J. B. Ables, seconded
by R. H. Wodd.. The vote was five to one. J. B. Rhodes voted to accept. -Mr. John Tatum
and Mr. Elder Bramblett appeared in opposition. Mr. Wilson Lavender was spokesman for
the above Company requesting said zoning.
Zoning request for automobile repair shop at rear of 512 Ventura Place was allowed
by a five to one vote, W. B. Sanders voting against zoning.
In the interest of 1960 revenue, City Clerk requested council approval to mail
invoices -calling out prevailing business license rates to all holders of record to
Continuation of December 7, 1959
assure early payment. Voted unanimous on G. W. Kreeger's motion and second by J. B.
Rhodes.
Financial statistics prepared and submitted in council from current books of entry
revealed, with all November bills paid, a balance in the operating fund of $2,097.33
at the date of this meeting. Also reported in meeting was the income for six months
June 1 through November 30, 1959 as follows: -
Income - 6-1-59 thru 11-30-59 $200,663.36
Expenditures - same period 196,545.36
Balance 11-30-59 I8.00
Per statement submitted to Mayor and Council the following shall become a part
of the finalized minutes: -
BANK BALANCES AS OF DECEMBER 7, 1959 MEETING
FUND
BALANCE
LESS NOV
BALANCE
CLOSE OF
ACCOUNTS
12-7-59
BUSINESS
PAYABLE
12-5-59
General Fund
Ext. & Const. Fund
,�f 094:27
8,002.20
S?fw.7
6,714.84
,0 f7. 7
1,287.36
Water Revenue Fund
332271.24
5,549.10
27,722.14
Paving Fund
3,352.72
3.9352.72
Federal Grant Project
13,023.90
13,023.90
Recreation Bonds Fund
142.39
142.30
Waterworks & Sewerage Sinking Fund
50,528.12
501528.12*
1935 Sinking Fund
1,829.89
1,829.89
1954 Sinking Fund
135429.11
13,429.11*
TOTAL
$1�
$1TM0.90
$1T, 127FF
*Add purchase of U. S. Treasury Notes,
bearing 4.75% interest 61,000.00
GRAND`TOTAL$1749412-67
(Signed) L. W. Charles, Clerk
Personal property taxes representing automobile and classified as uncollectible
by reasons called out in council were ordered written off the books on mottim by J. B.
Rhodes, second by G. W: Kreeger. Vote unanimous.
On motion and second by W. B. Sanders and G. W. Kreeger the write off of uncollect-
ible last half 1958 Sanitary Disposal Tax, levied at 50 cents and $1.00 per month in
November, 1958 was'tibled pending legal decision from G. Conley Ingram.
Discussion of removal of the L & N depot and offer to donate building to the City
of Smyrna resulted in a motion by W. B. Sanders to appoint a committee to investigate
"and study usage of said building. Mayor J. M. Gibson appointed the following committee
to report -at next meeting: W. B. Sanders, W. T. Rutledge, and G. W. Kreeger.
Letter read in council from attorneys Arnold and Harris gave notice of an impending
lawsuit against City of Smyrna as a result of the death by drowning of seven year old
Duane I. Brown in the city swimming pool June 17, 1959. The letter,,addressed to the
administration, claimed negligence and overcrowding. A letter presented in council from
insurance company claimed city was not negligent and.that all claims should be resisted.
Council delegated City Clerk to forward all information received to Attorney G. Conley
Ingram for follow-up. Above put in motion by W. B. Sanders and, voted, unanimous on R. H.
Wood's second.
Cobb County Health Department recommended.per letter the five lots being developed
by Boone -Smith Contractors shall be on public sewerage system and further that sewerage
lift station be installed to serve the five lots. J. B. Ables motioned this proposal
be accepted providing Boone -Smith install lift station at their cost and all tap-ons
be assessed at current'fees. Further motioned that Engineer Sam Hensley inspect and
approve 'installation' -of septic _tank and Brain field. Voted unanimous.
Mr. Jack Boone brought up proposed development of shopping center on South Cobb
at Church Street and offered to purchase a hundred foot strip of land owned by the city
for parking area. Negotiations on this project deferred to January, 1960, with request
for written proposal regarding purchase of property by the Smyrna Land Company.
f
Continuation of December 7, 1959
Two invoices submitted for payment by Cobb County Water System were deferred
pending check and report from Councilman W. B. Sanders.
(10:15 P.M.-m. Councilman J. B. Rhodes excused.)
In other action Council:-
(1) Held in abeyance the drainage of Bennett subdivision in Pinedale area
pending finance of project.
(2) Referred sidewalks and costs in area of Smyrna Elementary School to Engineer
Sam Hensley for report and assistance from Cobb Countu, State and/or School
Board.
(3) Authorized Committee on South Atlanta Sewer Project to continue research and
secure balance of easements and report in council.
(4) Delayed for future action an analysis of costs covering sewerage improvements
for areas in the city not serviced at present.
(5) Requested committee to continue negotiations with Mr. T. L. Dickson on annexa-
tion and report final facts in next meeting.
(6) Referred all action on insurance coverage for Volunteer Firefighters to next
Meeting.
(7) Ordered per policy the status of employee Z. E. Davis be changed from temporary
to permanent.
(8) Requested sealed bids for one police car to be opened at next meeting.
(9) Motioned by unanimous vote to recess this meeting to December 15, 7:30 O'clock
P.M.
Meeting recessed 11:20 P.M.
CD�iV c
Mayor J, M. GibsonCity- C er , . W. ar es
Councilman: W. T. Rutledge
Councilman: L. C. Dod
r
Cotmci a:an: reeger
Councilman: J. B. Rhodes
Zoune m Sanders
Councilman: H. Woo
December 15, 1959
The regular meeting, per charter, was recessed to December 15, 1959 7:30 P.M.
for the purpose of acting on and completing December 7, agenda. Present: Mayor Pro-
Tem G. W.-Kreeger, W. T.. Rutledge, J. B. Ables and. W. B. Sanders. Those absent were:
Mayor, J. M. Gibson, J. B. Rhodes, R. H. Wood and L. C. Dodd.
Items called out on agenda were discussed, no action recorded. by reason a quorem
was not present.
L • .. • V11GY
Clerk, M of Smyrna