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12-05-1966 Regular Meeting2 DECEMBER 5, 1966 The meeting of Mayor and 'Council scheduled by Charter was held Monday. December 5, 19$6 and ca.11'ed to order at 7:30 o'clock P. M. Mayor G. W. Kreeger presided. All Council Members present. also Department Heads, Building Inspector and G. W. Kreeger, Jr., representing City Attorney Berl T. Tate, who arrived and took his seat at 8:45 P.M. In the first order of business, Mr. Tommy, -Miller addressed Council as the spokesman for a group of citizens interested in constructing a stadium on the Nash -Wills School property. A request was bub- mitted for Council approval to set December 17 as Stadium Booster Day and further to permit the orgAnization to operate a bucket brigade to raise funds through public solicitation. The Council, on J. C. Porterfield's motion, proclaimed December 17, 1966 as Nash -?dills Stadium Booster Day and approval issued granting the raising of funds as above stated. Motion seconded by R. H. Wood and voted unanimous. The petition of appeal from Recorders Court, case of W. T. Dillard, came up for hearing. The Council heard the evidence of Smyrna Officer James Free regarding the charge of ,speeding too fast for conditions as well as the testimony of Mr. Dillard. On motion by Councilman Homer Kuhl, the Council upheld the ruling of'the City Court in the above named case. The motion was seconded by D. L. Mixon and voted unanimous. The second appeal case from Recorders Court referred to a charge against Fred G. Vanderlip for operating a vehicle without proper tag. City Officer Harry Black and the defendant brought out statements relating to the law of improper tag on dealer demon- strator cars operated for personal use. In further discussion, J. B. Ables moved that the charge, operating vehicle without proper tag, shall stand. He further motioned, the penalty shall be reduced to a warning citation and fine in the amount of $17.00, Receipt No. P4144, shall be refunded. Motion seconded by J. C. Porterfield. The vote was five for and two against the motion. For the motion, J. B. Ables, J. C. Porterfield, R. H. Wood, B. F. Stewart; against C. W. Armour and D. L. Mixon. The Council waived the minor street set back (30 feet to 22 feet) in connection with a building permit request for a pia-Jik Market on East'Spring Road in LL 810. On the recommendation of the building inspector, J. B. Ables motioned the building permit be issued. A 3t x 4' rigid sign suspended from a bar on the Howard Scoggins Realty office was approved on motion D. L. Mixon. A 6' x 30t metal and plastic sign was approved by Council for the U-Haul Agency on So. Cobb Drive. On the recommendation of the building inspector, D. L. Mixon motioned to approve issuance of the permit. The action of Council was unanimous on the three permits called out above. On C. W. Armour's motion, the Council accepted in principle. a contract to install steel refuse containers in the City business areas for a maintenance period of five ,years at which time the City becomes the owner of the containers. The motion holds in abeyance to December 19, 1966 for study or redraft of a contract as well as the control of location of said containers. Motion seconded by J. C. Porterfield and voted unanimous. (MEMO: Mr. Brown represented the manufacturer.) In the meeting of Mayor and Council on November 21, two bids were received and opened covering installation of sidewalks in the Powder Springs school area and recorded. The third sealed bit postmarked November 19, 1966 was received'in City Hall 11-23-66 and handed over to Mayor G. W. Kreeger. In the above dated meeting R. H. Wood motioned the Neel Contracting Company bid for Powder Springs sidewalks be considered, second J. B. Ables, motion carried. The 29 (Continuation of December 5, 1966 Meeting) Neel bid was $5,710 for Type A curbing and sidewalks. Type B was $6,155.75• Mayor G. W. Kreeger requested all bids be held in abeyance pending a meeting of Mr. R: H. Wood's committee with the Cobb County Commissioners in connection with the pro- posed improvements in the Powder Springs and Ward Street school area. The bid of Neel Contracting Company based on the specifications regarding, Ward Street improvements was opened and read in Council._ The bid was in the amount of,$26,118.50. Motion by R. H. Wood, second C. W. Armour, the bid be rejected as it exceeds the project estimate. Item was referred to Councilman R. H. Wood for.discussion with county officials. The Council discussed sanitary sewer facility to the Loudermilk property on Woodruff Drive, recently annexed into the corporate limits. The -cost of this sewer line, approximately 200 feet in Woodruff Drive, was estimated at $900.00. The Council agreed to consider installation provided the cost is shared by the property owners. The Council approved on J. B. Ablest motion the issuing of a permit to move the Loudermilk residence in d� LL 810 approximately 200 feet south of the present site. W The Council requested building inspector C. M.'Hemby to check U out and report on a wall and fence on several rear lot lines of McLinden Avenue citizens in the area of the apartment site. Council "discussed the removal of right-of-way signs per 11-7-66 minutes. Mayor G. W. Kreeger requested Mr. J. E. David, City Engineer, to remove all signs called out in previousninutes excluding any or all signs on private property. A letter requesting appeal from Recorders Court ruling in the case of Randy L. Gunn was read in Council. The Council, per C. W. Armour's motion, called out December 19, 1966, 7:30 P. M. as the date and time for the hearing of the petitionerts appeal. A firm date was agreed upon for the meeting of the Mayor and Council with the Cobb Center Managers and Directors to be held at 3:00 otclock P. M. at the Center Auditorium on Friday the 9th 1966. Action by Council was requested in connection with funds on deposit Bank of Smyrna with a request of Chlef of Police R. L. Drake to divert these funds through transfer for the purchase of safety helmets for police officers. The.funds are as follows: Smyrna School Patrol Fund, Acct. #016-843, current balance, $56.70 Smyrna Auxiliary Police, Acct. #603-627, current balance $128.00 To determine the method' of withdrawal, Mayor G. W. Kreeger referred the status of the above funds to City Attorney Berl T. Tate to- gether with current bank statements. The interpretation of the law, Section 909 Georgia Laws, amended 1966 was defined by Attorney Berl T-. Tate. The opinion as pre- sented in Council indicated that a $25.00 fine plus $2.00 added for court cost, a total of $27.00 collected, would be construed as the total fine or bond forfeiture and subject to a $3.00 court cost and payable to the Peace Officers' Annuity and Benefit Fund under the act -creating said funds. In connection with the $1.00 in- crease in court cost payable to the Peace Officers' Fund, Councilman Homer Kuhl motioned to approve the revised schedule of court costs or bond forfeiture as submitted in Council. Motion to accept revision by J. C. Porterfield and voted unanimous. Finance Chairman J. B. Ables presented in Council the 1967 Business --I License Ordinance and schedule of business license fees effective January 1, 1967. Discussion of the new Ordinance, and reading of the reclassified fees as amended, affecting all types of business, resulted in adoption by the full Council on motion by J. B. Ables, seconded by C. W. Armour. 1 30 (Continuation of December 5, 1966 Meeting) Mayor G. W. Kreeger requested strict adherence to the codes and regulations pertaining to building, electrical and plumbing applications, together with a review of existing procedures. This In connection with delays in submission of the final electrical inspection reports and reported illegal: sewer taps. Delinquent sanitation fees, were on motion by C. W. Armour, to be collected as follows: 1. Legal action through the Justice of Peace courts. 2. Agreed -to settle on 50% payment from grocery store on Roswell St. 3. A letter addressed to Kayo Oil Company for collection of $67.00 delinquent account. A report of the status of the Extension and Construction Fund bank balance together with accounts and notes receivable, plus November accounts payable and payrolls, was submitted. The Council, on J. B. Ables' motion, approved a $5,000 appropriation as a transfer from the General Fund Contingency Account to the Extension and Construction Fund to meet current accounts payable which includes the Deerwood Lift Station in the amount of $6,147. The motion seconded by C. W. Armour and voted unanimous. Mayor G. W. Kreeger authorized the building inspector and fire department chief to inspect and report in meeting of 12-19-66 in connection with repair or condemnation of a frame structure on Roswell Street previously damaged by fire. Councilman Homer Kuhl brought up the proposed Atlanta Gas Light Company Ordinance and progress to date and motioned that this Council authorize the City Attorney to draft a resolution which would, through Council action, cancel the present'Atlanta Gas Light Franchise. Second by D. L. Mixon, motion carried. The Council agreed to reimburse Supervisor Elmer Wester his current salary during the three weeks hospitalization minus remuneration received from Workmen's Compensation Act. It was reported that salary was withheld during this period (three weeks) by reason of absorption of all allowed sick leave during the current year. Motion by B. F. Stewart, second by J. C. Porterfield, motion carried. Street Committee'Chairman R. H. Wood was requested to contact R. L. Hamby Contractor Company regarding clean up of the Flagler sewer line project. The Council suggested that the City forces complete the work deducting cost of same from the 10% of project cost withheld. Tn the final action of above dated meeting, the Council rejected on a four to three decision a resolution presented and read in Council concerning the lease of the state owned railroad right-of- way under -current lease by the L & N Railroad which comes'up for renewal within two years. The resolution stated in substance that if the bid for the properties was competitive between the L & N and Southern Railroads that this Council favor the L & N in the interest of the safety of our citizens and by reason that additional trains would increase traffic hazards if the lease was granted to Southern Railroad. A motion by J. B. Ables approving the resolution as read in favor of the L & N Railroad for the reasons called out above was seconded by Homer Kuhl and voted as follows: For the motion: J. B. Ables. Homer Kuhl and R. H. Wood; voting against the motion: C. W. Armour. D. L. Mixon, J. C. Porterfield. and B. F. Stewart — Motion to adjourn at 10:50 P. M. Next,meeting December 19, 1966.