05-20-1968 Mid-Monthly Meeting12
(Continuation of May 6, 1968 Meeting)
3. Requested bids on-the,purchase of gasoline, said bids to be
opened May 20, 1968 on Hi Test gasoline.at,4,000 gallons .per
month. Motion by J. C. Porterfield, second B. F. Stewart.
4. The -Council agreed on B. F. Stewart's motion to reimburse
Mr. Gardner Potter in the. amount of $600 for sewer eastient
in Edgemoore Woods Subdivision. Second to the motion by
Homer Kuhl and voted unanimous.
There being no further business, a motion.was made to adjourn
at 10:10 P. M. Next meeting May 20, 1968, 7:30 P. M.
MAY 17, 1968
A special called meeting (see 5-6-68 minutes) was held at City
Hall, Smyrna, Georgia, and called to order 7:30 o'clock P. M.
Mayor G. W. Kreeger presided and all Council Members present
including City Attorney and City Clerk.
An estimated ninety citizens were present to hear the report of
the Mayor's appointed committee and citizens committee of seven
in connection with charges that tax evaluations 1968 in Bennett
Woods subdivision were made on an individual rather than City-wide
pattern and -thus fell into the area of discrimination. ..
In{ the -,-first-• order -of, business, Chairman C. W. Armour of the Council
Committee, (Homer Kuhl, J. C. Porterfield and J. B. Ables) re-
quested a five minute caucus to distribute and read the prepared
reports as a result of meetings held on May 10 and May•15, 1968
with the citizens committee.
Upon return to Council Chamber, Chairman C. W. Armour read the
full committee report and submitted statements showing over-all
City re-evaluations, (increases and decreases) 1965 to.current
year.
During discussion around the table, Councilman C. W. Armour. moved
for the adoption of the full report sustaining the action of the
assigned committee. Motion seconded by J. C. Porterfield. Voting
for the motion, six, B. F. Stewart voted against.
(Copy of the committee report made a part of the finalized minutes
and attached thereto.)
Motion Homer Kuhl for adjournment. Adjourned 7:56.P. M.
MAY 20; 1968
The mid -month scheduled meeting of Mayor and Council was held at
City Hall, Smyrna, Georgia, and called to order at 7:30 o'clock
P. M. Mayor G. W. Kreeger presided. All Council Members except
fourth ward Councilman, Homer Kuhl were present.. Others present,
City Attorney, City Clerk, Public Works Superintendent, Building
Inspector, Consultant.Engineers and members of the Marietta and -
Smyrna papers.
- L_�-.,7-Y 1114 4-L-.W1XA1R &A --- A-1-0
A meeting with the committee appointed y the Mayor and Citizen Committee
from Bennett Woods was held on 5-10-68 and 5-15-68. No firm proposals
were reached.
The Citizens base their discrimination charge on the entrance of Mr. Scott
Jackson into their homes. They further state that their evaluation should
not be effective until every house in the city has been entered by Mr.
Jackson. The Honeycutt representative entered most homes in 1962.
A search of -the tax records by the Committee found 240 houses in all sections
of the City (excluding commercial, vacant lots, new homes, and Bennett Woods)
which has increases in evaluation and 78 homes which had decreases in evalua-
tion since Mr. Jackson's employment. A copy of this report is attached.
A further comparison was made to determine if discrimination was used in
evaluation of the Bennett Woods homes. This was done by taking an evalua-
tion from Bennett Woods and an evaluation in Ward One. A copy of this
report is attached. An examination of this report indicates that the Ward,
7 house original evaluation was $2.31 per sq. ft. of heated space after
deductions. are made for assessment of extra items. The current evaluation
is $3.12 per sq. ft. of heated space while the Ward One house is $3.21 per'
sq. ft. of heated space and has been so valued since 1962.
It is our opinion that, Mr. Jackson has been trying to up date'all properties
to the 1962 evaluation as adopted by Mayor and Council. It is quite evident
_ that the most unequal evaluation existed in the newer construction, because
the city tax department prior to Mr. Jackson's employment and after purchase
of the so called Honeycutt cards did not follow the 1962 system. Instances
have been found where properties were valued at 60% to 70% of Fair Market
Value. This action by part time and county assessors prompted the employ-
ment of Mr. Jackson in 1966. Since Mr. Jackson's initial employment with the
city, he has been investigating all of the properties added to the digest
after 1962 for possible discrepancies in evaluation.
Insofar as we are unable to find a deliberate or intentional plan or purpose
of Mr. Jackson to assess some and not assess others or to assess some for a
short period and'others for a longer period, we can not uphold a charge of
discrimination. We, therefore, uphold the action of Mr. Jackson.
We do, however, recommend that Mr. Jackson show his identification to each
,party, whether he be known or not, before he enters a household.
r A check of tax records 5-11-68 by C. W. Armour is reported below.
The following items were eliminated:
All commerical property
All vacant lots and acersige
All new construction of homes and homes that were not on the
1965 books.
The following is a recap of cnanges which have been made' since Mr. ,Jackson
has been an employee of the City or Smyrna. . . k.
Street Name
Alpine Drive
Anderson Circle
Ann Road
Arden Way
Bank Street
Beaver Creek Rd.
Brenda Drive
Brown Circle
BurbanK Circle
Carolyn Drive
Cherokee Trail
Cherrydale Lane
Church Street
Cl If (wood Dr.
Colby Court
Concord Circle
N. Cooper Lahe Rd.
Creat 'frail
Creatwood 'frail
Crestview Dr.
Dell Ave.
Dogwood Circle
Dundee Drive
Dunn St.
Eastfield Rd.
Flagler Circle
Fleming Street
Floyd Drive
Francis Drive
Fraser St.
_Fuller Street
Glendale Circle
Glenroy Drive
Glenroy Place
Green Acres Rd..
•Gutherie
Harold.Lane
Hawthorne Ave
Hayes Drive
H ickory Acres Dr.
HicAory Hill Dr.
Highla nd Ave.
Highland Dr.
Hillside Rd.
Honeysuckle Dr.
H ugnes Street
T"nrnncc.
2
2
1
8
3
5
1
2
15
2
1
1
1
3
12 4
4
2
2
2
1
1
1
2
1
2
1
1
1
2
3
1
1
2
1
1
2
1
1
4
3
1
1
2
Decrease
1
2
2
3
2
2
1
1
1
4
1
1
1 � .
2
1
• Street Name
Inglewood Circle
Inverness Road
Ivanhoe Lane
Kennesaw Way
Kings Springs Street
Lake Court
Leatmore Drive
Lee Street
Lochlomond Dane
Lane Street
Mackinaw
Magnolia Drive
Marston St.
Medlin St.
Mimosa Circle
Morris Circle
McCauley Road
McClinden
Nancy Circle
Navano 'frail
Nortnview Place
Oakdale Drive
Oaxview Dr.
Old Concord
Old Spring Rd.
ParKway Drive
Parkwood Road
Pinehuest Circle
Pinedale Dr.
Pinehill Dr.
Pinehurst Circle
Pinehurst Dr.
Powder Springs
Ridgecrest Rd.
Rita Way
Rodin Lane
Reed Road
Rolling View Dr.
Rosedale Dr.
Roswell Street
San Fernando Dr.
Santoralace
Santora Rd.
Snaron Circle
Snawnee 'frail
Sherwood Rd.
Smyrna Powder Springs
Spring Drive
Spring Street
Springcreex Place
Stepnens Street
StoneCreex Rd.
Strathmoor Rd.
Timberland St
Trailwood Drive
Valley Dr
Walker Court
Walker_ Street
Wayland Court
Westbrook Dr.
l .
increases
1
1
1
1
2
1
7
1
3
1
1
1
1
3
1
3
1
1
2
1
3
1
3
2
9
l
1
1
1
7
12
1
5
1
1
2
2
1
1
1
2
3
2
2
2
2
1
1
2
7
1
Decrease
1
1
1
1
1
1
1
H
1
2
1
1
1
29
1
2
M
Street Name
Whitfield Street.
Wisteria Lane
Wooddale Dr.
Increase Decrease
4 1
3
2
240 78
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ATTURNI4YS AT LAW p
11LAIR 11111I"OIN6 MARIETTA, GEORGIA 3O0G0 POST OFFICE, DRAWER .R „ - 'G`.
TELEPHONE 422-3000 w�
}
May 7, 1968 z
City Hall
Smyrna, Georgia _
t
Re: Re-evaluation of Bennett Woods Subdivision
1
Dear Mayor Kreeger:
Pursuant to our telephone conversation of this morning;
A limited research has been conducted to determ he'the`City"s
ti
position in this matter. Should.,this be litigated;,7exhaus-
r
tive research will be completed,
A review of ]reading cases on the matter tends to confirm
your opinion that the action of Scott Jackson in re-evalua='
ting certain of the properties in Bennett Woods was proper. ,—
I have yet found no case that states that,every parcel- of —
property must be re-evaluated at the same time; -the cases.
do point out that the tax-, base must be the same °for a.11''-to--,
avoid a charge of discrimination however everyone is paying
_ the, same millage in the City, therefore, this is of no ,-,
` import.
All of the authorities state that any action concerning taxes-
`*
must be in strict conformance with Charter provisions. Ini the
r,
case of the Mayor and Council of Cumming, et al v::,^Puett, 97
Ga. 247, it was stated that it is withinthe power of the Mayor,
'and Council to revise the return of taxpayers and correctly yl
assess the property of a taxpayer whenever in their judgment
Y
there has- been an under -evaluation made in a return filed.by♦
the taxpayer. This was by Charter authority and while the
Charter of the City of Smyrna does --not make specific provision_
r�
'for authority to do likewise. I feel inadequate under the
circumstances,.,:in that in Section'50 it�Is stated that "the '
t'
. i, , ♦ - . _ t .....,ram_; . N't�"'
i
Honorable George W. Kreeger
Page 2
May 7, 1968
k
a
Mayor and Council shall have full power and authority for the
assessment, levy and collection of an ad valorem tax upon real
and personal property ."
The lead case is the City Council of Augusta v. Pearce, 79 Ga.
E
!
981, where it is stated that whilst municipal taxes upon
property must be ad valorem yet value is to be ascertained and
determined, not by judicial proceedings, but by the legally
}
constituted authorities established for that purpose in the
. P P
.�
given municipality; and an assessment by such authorities, in'
4
the prescribed mold, and without fraud or collusion, is final
F
and conclusive upon the question of value as a basis of
+ taxation for the time being.
,.
Insofar as the question of discrimination is•concerned, in the
case of Northwestern Mutual Life Insurance Co. v. Suttles, 201
' Ga. 84, at page 106, it is stated that the good faith of taxing
officials and the validity of their actions are presumed, and
t when assailed the burden of proof is upon the complaining party
and that in order to show discrimination, testimony must estab-
lish a deliberate or intentional plan or purpose of the taxing
,
authority to assess ,some and not assess others, or to assess
some for a short period and others for a longer period. Under,
the present facts, it�isjmy understanding that Scott Jackson,
since his initial employment with the City, has been investiga-
ting all of the properties within the City for possible discre-
pancies in evaluation. Certainly, the Committee appointed by
you should look to years prior to 1968 to determine if increases
in evaluation were made in'areas other than Bennett Woods. This
„+
would show that changes in evaluation are a continuing thing and
would tend to overcome anyy'chdirge- of discrimination.
I am forwarding Chuck Armour -'a copy of this letter as Chairman
of the committee appointed by you so that the enclosed informa-
tion will be,available to him for his committee meeting on
Friday.
Yours very truly,
BERL T. TATE
` City Attorney
tBTT:rd
'
n
cc: Mr. C .: W. Armour
_' '
143
(Continuation of May 20, 1968 Meeting)
No citizens appeared with problems to present before Council.
Zoning;
In the first order of business, the scheduled hearing per rezoning
petition on Roswell Road came up for Council action. The petition
called out change in zoning from R-1 and R-2 to -District IICri
including seven parcels of land advertised as -Parcel One which
refers to two lots east of the Lexington Apartment project, and
Parcel Two which included five parcels of land west of the apart-
ment project to the intersection of the west right-of-way of
Mathews Street. The petitioners for'the zoning, Mr. William
Blount and Mrs. Blanche Finch, plus several of the property
owners were present. Mr. C. M. Anderson objected to the rezoning
of Parcel One, his objection based .on commercial zoning -of land
touching his property on the south lot line.
During. -the discussion, Councilman-J. B. Ables motioned for rezoning
of Parcel Two, lying ,east of the apartment project to the inter-
LM section of Mathews Street, from R-1 residential to District "C"
commercial. Motion seconded by J. C. Porterfield and .voted
unanimous,.
W
The second. motion affecting .Parcel One by J. C. Porterfield was
U to deny the petition to rezone Parcel One from R-1 and R-2 (duplex)
to District "C".. Motion seconded by J. B. Ables. Voting for the
motion to,deny, J. C. Porterfield and J. B. Ables. Voting against
the -motion to deny, C. W. Armour, B. F. Stewart, R. H. Wood and
C. 0. Canada. The motion lost four to, -two. In final action,
.C. W. Armour motioned Parcel One be rezoned from R-1 and R-0 to
to District "C" and on second by B. F. Stewart said motion carried
five votes to one, J. C. Porterfield voting"against.
Petition for rezoning property in the R-2 apartment.classification
on Old Concord at Smyrna -Powder Springs Road came up for hearing.
Petitioners Mr. John Walsey and Mr. William Moore requested Parcel
One, a.tract of land 150 feet by 200 feet, be rezonedR-2 to C-1
commercial for a proposed Ma-Jik Market and dry. cleaning establish-
ment. Parcel Two, per petitioners request, called out a tract of
land fronting on Old Concord Road with'a depth of 200.feet westerly,
by 457 feet northerly, on Old Concord Road right-of-way, to be
rezoned from R-2 apartments .to District "C" commercial: The plat
called.out a 75 foot -buffer of natural trees from the Smyrna -
Powder Springs right-of-way. A signed petition (136 names) was
submitted representing the opposition to commercial zoning adjoining
Hickory Acres subdivision. Mr. A. L. Crawley, attorney, was
spokesman for the petitioners. Motion by'C. 0. Canada that the
petitioners request to rezone R-2w1property to C-1 commercial and
.District "C'' commdrcial be 'and is herebyAenied. Motion seconded
by B. F. Stewart and voted unanimous.
On a motion by J. C. Porterfield the property known as 950 Cherokee
Trail owned by 'Dr. W. C. Patterson was zoned per advertised petition
of the Mayor and Council from C-1 commercial area.to R-1 residential.
On a second to the motion by J. B. Ables, the vote was unanimous.
MEMO: Reference in connection with this ,action . is found in the
published maps of 1960 and 1961 of Hensley and Associates and per
the minutes of June 24, 1963.
The petition of Mrs. Pearl Baker, 981 McLinden Avenue, for a day
nursery was found in order. A motion to operate said nursery was
made by J..C. Porterfield calling out the following restrictions.
Motion, "The day nursery to be operated by Mrs. Pearl Baker, 981
McLinden Avenue, is. hereby approved with the understanding that
the hours of operation shall be Monday through Friday from 6:30
A. M. till 6:00 P. M., with the maximum capacity of 22 children,
and further understood that the day nursery will admit only children
one and two years old, and that no child shall be admitted who has
reached:the third anniversary of his or her birth. The motion
fuether states that any and all complaints in connection with the
above restrictions shall be brought to the Mayor and Council for
(Continuation of May 20, 1968 Meeting)
verification as to validity of said complaints". Motion seconded
by B. F. Stewart and voted unanimous. MEMO: Mr. W. E. Collett
objected to the day nursery as evidenced by the deletion of his
name on the petition of Mrs. Baker; however, Mr. Collett did
agree with the above stated restrictions as imposed by the Mayor
and Council action.
Building Permits:
The following building permits were brought before the Council by
building inspector C. M. Hamby and on his check out, recommendation,
and compliance with all City codes, were approved on unanimous
vote except as -noted.
1. Atlanta Properties, Inc. First phase of the.East Side Apartment
Project, 280 units, approved and'building permit issuance
authorized on motion by B. F. Stewart, second C. W. Armour.
MEMO: This permit, •the first to be issued, of the •1800 total
wry type apartment structures on U. S. Highway 41.
2. C. L.'Craig,'Barbeque Restaurant, adjoining the west side of
Phillips Barber Shop on Cherokee Road, approximately 1170
square feet. Health Department approval per letter of record.
Motion to issue permit by C. W. Armour, second B. F. Stewart
and voted unanimous.
3. Metal office building 10 feet by twenty feet located next
south o£ Gulf Service Station at Brown Court for used car lot
office. Building permit to Mr. Ray.E. Smith authorized for
issuance per motion C. 0. Canada,. second J. C. Porterfield.
4. Artistic` Sign ,for •S & H Green Stamp Company, located 2691
South Cobb Drive. Motion by J. C. Porterfield, second C. 0.
Canada.
5. Michael and Holsten Company, for installation of one sign for
Bill's Restaurant at Maxwell building, South Cobb Drive.
Motion B. F. Stewart, second J. B. Ables.
6. C. J. Hay, one sign 4 feet by five feet for Old South Barbeque,
Cherokee at Burbank. 'Motion J. B. Ables, second C. W. Armour.
Motion carried four to two. 'J. C. Porterfield and C. 0. Canada
voting against by reason of the question on set back.
Councilman J. B. Ables excused 8:40• P. M.
In connection with Airection of sewerage, location of pump station,
and right-of-way for road, Mr. Robert Sutton of Hensley -Schmidt,
Inc., was authorized to follow up with contacts with Mr. Joe H.
Anderson of Atlanta Properties, Inc.
Two bids were received and opened in Council covering removal,
relocation, repairs, and -change .over from -tire clock to manual
operation, certain school speed limit flashing signs at five school
locations, including a loop vehicle detector installation at
Cherokee and Old Spring Road. The bids recorded as follows:
The A & P Signal Company -
Tucker, Georgia $29860.06
Thomas B. Combs Company -
Atlanta, Georgia- $49323. B8
Mayor Kreeger referred the above bids to Mr.'George S. Adams of
Hensley -Schmidt for check out and return to.Council.
The Council requested sealed bids for Hi Test, 100+ Octane gasoline
to be submitted and opened in public hearing as of the above dated
meeting. Six bids were received and opened as follows:
(Continuation of May 20, 1968 Meeting)i
Gulf Oil Company
Texaco
Sinclair Dino Supreme
Humble Oil Company
Pure Oil Company
Standard Oil Company
100+,Octane
.162 8
.1630
.1565
.1750
.1580
.2130
Above bids referred to Councilman J. C. Porterfield for check. out
and tabulation.
Five bids were received, opened and tabulated covering group life,
hospital, and surgical insurance coverage for employees under
Class 1, 2 and 3. Councilman J. C. Porterfield, Chairman of the
committee to secure the best coverage for City employees, called
out the bids from a prepared comparative study and tabulation of
the bids from the insurance companies known as Coastal, Wabash,
North American,, Travelers and Sun Life, the current carrier. The
1-0 committee recommended, and per J. C. Porterfield's'motion, to
accept the bid of the North American Life andCasualty Company.,
they having submitted the best bid. The motion sets June 1, 1968
G=3 as the effective date for change over from Sun Life of Montreal
U to North American. The motion seconded by C. 0. Canada and voted
unanimous.
A letter was read in Council from the State Highway Department
of Georgia with reference to traffic signal -equipment on South
Cobb Drive at Benson Pool Road. The question dealt with traffic
control and turn signals.. Mr. George S. Advms discussed with
Council his proposal to meet with J. B. Ables and review traffic
control devices, signals, turn arrows, etc. and formulate an over-
all City plan.
Financial reports were distributed and comments hinged on budgetary
conformance in all departments as favorable except the two depart-
ments showing actual expenditures in excess of departmental budgets.
Tentative budget reports were called out as in work, some completed,
and in the absence of Councilman Homer Kuhl were deferred to June
31 1968 or a regular scheduled Council meeting called especially
for fiscal budgets.
Under departmental reports, Mr. C. 0. Canada reported the resignation
of R. J. DeBoard, effective June 1, 1968. Employee W. A. Aenchbacher
approved to carry on as a temporary supervisor of Parks and Recreation.
It was brought out by C. W. Armour, Chairman Sanitation Committee,
that the expansion progress of Rich's Inc., South Cobb Center, deleted
the recessed area at the north side of the present structure where
garbage containers were housed. In this connection, the Rich's
representative suggested deletion of the City containerized garbage
collection system in preference to a system known as Tri-Pak com-
pressed container method, with one six cu. yd. City owned container
for the Rich's food operations. On a motion by J. C. Porterfield,
this item was referred to C. W. Armour's committee with authority
to discuss with Rich's, Inc. and further with authority to resolve
final action. Motion seconded by C. 0. Canada and voted unanimous.
Councilman Honer Kuhl arrived and took his seat at the Council table
9:30 P. M.
A petition was read in Council requesting the rezoning of the
property of H. C. Bradley and S. E. Bartley on East Spring Road
at Bell Drive from R-1 and t'C" to C-1 commercial. The Council
voted unanimous to set June 17, 1968 for the public hearing. Motion
C. W. Armour, second J. C. Porterfield.
City Attorney Berl T. Tate requested to report on accident of
George Miller who was injured while serving out a fine imposed by
the Recorder's Court. Said report to be submitted to Mayor G. W.
Kreeger.
146
(Continuation of Elaya20, 1968 Meeting)
There being no further business, Councilman C. 0. Canada motioned
for adjournment. The time 9:45 P. M. Next meeting June 3, 1968,
7:30 P. M.
G. W. Kreeger, Mayor L. Car s, City Clerk
C. W. Armout,, Councilman -Ward 1.9. es, Councilman Ward 2.
Sanitation Police, Fire & CD
R. H. Wood, Councilman WAR , Homer Kuhl, Concilman Ward ,
Streets & Maintenance Finance and Administration
Parks.& Recrea
4�_ .
8. F. tewart Councilman Ward 7,
Water
a J Porter ie , Counci an
and 6, Tre ent Plants