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10-11-1975 Regular Meeting(OCTOBER 6, 1975 Meeting) 348 The minutes of September 8, 1975 meeting were approved as prepared and submitted on motion by Forster Puffe, seconded by Jerry Mills. Vote on the motion was unanimous. The minutes of September 22, 1975 meeting were approved as prepared and submitted on motion by Jerry Mills, seconded by C. 0. Canada. Vote on the motion was unanimous. Homer Kuhl reminded all councilmen to sign the minute book. Mayor Porterfield reminded council there would be a deposition hearing Wednesday morning in Attorney Milton Grubbs office. Mayor Porterfield reported a representative of Mod=Nar Transportation Company would like to appear before Mayor and Council and explain their transportation plan. Saturday morning at 10:30 A.M. was the time set for this meeting. Mayor Porterfield read a Mail-O-Gram, dated 9/25/75, stating the City of Smyrna is now an official member of the Bi Centennial. The official ceremony, at which time the official Bicentennial flag will be presented to the city, will be held November 21, 1975 at halftime during the Wills -Osborne football game. A reception will follow at the City Hall. Jerry Mills recommended that H. M. Cheshire be reappointed to the Parks and Recreation Commission for a period of three years. A Motion to this effect was made by Jerry Mills, seconded by C. 0. Canada and the vote was unanimous. Forster Puffe made a motion that Bob Arnold of Ward 2, be reappointed to the Parks and Recreation Commission for a period of three years. Homer Kuhl seconded the motion and the vote was unanimous. Jerry Mills made a motion that a resolution be approved to amend No. 79 (House Resolution No. 208-855) to include all disabled and mentally ill citizens, not just those on social security. Homer Kuhl seconded the motion and the vote was unanimous. A copy of the resolution is to become a part of a minutes of this meeting. Also a copy will be mailed to all Senators and Representatives of Cobb County. Elbert Coalson read a letter from a citizen of Smyrna commending the saniation department for a job well done. Meeting adjourned at 8:53 P.M. October 11, 1975 Mayor and Council met Saturday Morning, October 11, 1975, at 9:00 A.M. to review the 1974-75 Fiscal Year Audit with Certified Public Accountants Pate and Kitchens. Also present were L. W. Charles, City Clerk; Willouise Spivey, Assistant City Clerk; Bob Burchfield, Administrative Assistant and representatives of the press. At 10:30 A.M. Mayor Porterfield declared the meeting an offical Council Meeting. Homer Kuhl made a motion the 1974-75 FY Audit be accepted as presented. Earle Cochran seconded the motion and the vote was unanimous. Bids received for the Civil Defense equipment, deferred from the October 6, 1975 council meeting due to one bid being mailed Certified, were opened, read and ared recorded as follows: Harolds Sales and Service $1,360.50 Rockford Safety Equip Co. 1,167.49 Charles L. McLarty Co. 1,043.10 (No bid on chain set) Special Service & Supply 1,093.17 (No bid on target quickie) Bids were referred to committee for recommendation at the next meeting. On motion by Marston Tuck, seconded by Forster Puffe, the bid from Mine Safety Appliance Co., Pittsburg, Pa., was returned unopened since it was received too late. Vote on the motion was unanimous. Meeting Adjourned. October 20, 1975 Meeting The regular scheduled mid -month meeting of Mayor and Countil was held at City Hall, October 20, 1975. The meeting was called to order by Mayor John'C. Porterfield at 349 (October 20, 1975 Continuation Meeting) 7:30 P.M.. All councilmen were present. Also present.were L. W. Charles, City Clerk Willouise Spivey, Asst. City Clerk, Nora Proctor, Clerk, J. E. David, Supt. of Public Works, Leon Hood, Building Inspector, Berl Tate, City Attorney, Lee Silver, Director of Parks and Recreation, Bob Burchfield, Administrative Assistant, George Hardy of Mayes, Sudderth & Etheredge and representatives of the press. Invocation was given by Homer Kuhl, followed by the Pledge to the Flag. Mayor Porterfield recognized and welcomed Smyrna Boy Scout Troop #156, Scout Masters Posey and Bennett. This troop was organized June 8, 1925 and has been in operation continuously since that date. Mayor Porterfield commended the boys and their leaders for their excellent record. The American Legion Post #160 sponsors this troop. Mr. Joe Bland of the Smyrna Jaycees appeared before Mayor and Council and asked approval of a Walkathon for Cerebral Palsey on November 8, 1975. Jerry Mills made a motion approval be given. Marston Tuck seconded the motion and the vote was unanimous. Earle Cochran will follow through with the police department on the route taken through the city. William D. West appeared before Mayor and Council with reference to his dismissal as an Auxiliary Policeman. He stated he had not received a copy of charges against him, had bebn*'asked to turn in his uniform and requested a letter, copies of which he had given Mayor and Council, be read aloud. Mayor Porterfield advised Mr. West that he was investigating this incident. After discussion Jerry Mills made a motion that a complete investigation be held, that Mr. West be reinstated until the investigation was completed, within ten (10) days. Forster Puffe seconded the motion and the vote was five to two. Earle Cochran and C. 0. Canada voted against the motion. The committee recommended the Civil Defense equipment be purchased from the low bidder as follows: Charles L. McLarty Co. 1 RSE-11 Blackhawk wedge set $99.81 3 RSE 12 Blackhawk spreader set $459.00 (153 ea) Rockgafetyquip. Co. 1 RSE 13 Special Service Come -a -long $93.29 1 RSE 14 Special Service Chain Set $106.42 1 12/22 Evans Target Quickie $276.57 2 100071 Wheeler Fire Blanket $131.64 (65.82 ea) Marston Tuck made a motion the equipment be purchased in the amount of $558.81 from Charles L. McClarty and $607.92 from Rockford Safety Equipment Co., as listed above. Forster Puffe seconded the motion and the vote was unanimous. Marston Tuck stated the city had been awarded $850.00 matching funds for Civil Defense for the purchase and installation of warning sirens. Mr. Tuck motioned bids be received and opened at the November 3, 1975 meeting. Jerry Mills seconded the motion and the vote was unanimous. Opening of bids for a copying machine for the Parks and�Purchasing department was d deferred. f A rezoning petition submitted by Billy A. Askew, Spring Road and Elmwood Drive, LL 666, from F. C. to G. C. for the purpose of a printing office and electrical contractors office was the next item on the agenda. These was no opposition to the rezoning. Earle Cochran motioned the rezoning from F. C. to G. C. be approved, with the stipul- ation that Mr. Askew donate sufficient land for the widening of Elmwood Drive. Jerry Mills seconded the motion and the vote was unanimous. A discussion on an amendment to Article VII, Use Provision, under section 704 to add 704A, RAD-R, two family residential, preceeded a motion by Earle Cochran the amendment be denied. Marston Tuck seconded the motion and the vote was unanimous. INThe petition to rezone property on Pat Mell Road, LL 421, by David Crowson, from R-20 to RAD-R, could not be considered due to failure of the amendments being approved to include this classification. Due to the State factoring the Cobb County Tax Digest, Homer Kuhl motioned the 1pileage rate for Smyrna be changed from 12.50 to 12.25 and the sewerage disposal tax, in the amount of $6.00 for residental and $12.00 for Commercial, be excluded onthe tax billing. Forster Puffe seconded the motion and the vote was unanimous. Mayor Porterfield stated this reduction of approximately $75,000 would cause tax bills to remain almost the same. Commercial building permits were submitted bydLeon Hood and upon his recommendations the following action is recorded: 350 COBB COUNTY - CERTAIN HOMESTEAD EXEMPTION PROVIDED FOR CERTAIN PERSONS Proposed Amendment to the Constitution. No. 79 (House Resolution No. 208-855) A Resolution. Proposing an amendment to the Constitution so as to provide a homestead exemption of $6,000.00 from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County School district, for residents of Cobb County who are disabled and who have net income not exceeding $6,000.00 for the immediately preceding taxable year; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: "Any other provisions of this Constitution to the contrary notwithstanding, each resident of Cobb County who is disabled is hereby granted an exemption from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, in the amount of $6,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, including benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, but not including any federal old -age, survior or disability insurance benefits, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein, the person claming such exemption shall be required to obtain a certificate from the Federal Social Security Administration or from the sanctioned agency authorized to pay disability benefits when the person claiming this exemption is not entitled to Soical Security benefits under the provisions of the Federal Soical Security Administration, and from not less than one nor more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to ►medical practitioners of the Code of Georgia, as now or hereafter amended, certifying that such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such person shall not receive the benefits of such homestead exemption unless he, or through his agent,provides the Tax Commissioner of Cobb County with the certificates provided for herein and files an application with said Tax Commissioner giving the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable said Tax Commissioner tomake a determination as to whether such person is entitled to such exemption. The Tax Commissioner shall provide the necessary forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same noi�,, exists or may hereafter be amended, shall apply thereto, but after any such - person has filed the proper application and certificates, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said certificates hereafter for any year and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31. 1974." '10 5 (Continuation of October 20, 1975 meeting) J 40 (1) Reeves Carden Shop, Ventura Place, requested a rear yard variance fo 26' and a side yard variance of 9' for an addition to the existing building. Letters were presented from adjacient property owners stating they had no objection. Jerry Mills made a motion the variances be approved. Elbert Coalson seconded the motion and the vote was unanimous. (2) Application for the building permit to construct the addition to the building (greenhouse) was approved on motion by Jerry Mills, seconded by Earle Cochran. The vote was unanimous. (3) Mr. S. E. Brown appeared before Mayor and Council in regard to construction of an 18,480 square foot building, located on Roswell Street, for the purpost of an indoor archery and gun range. Mr. Brown submitted plans for the proposed building. This property is zoned O.D. and our present Zoning Ordinance does not include a classification for this type operation. A motion was made by Forster Puffe, seconded by Jerry Mills, that a public Hearing be=held on November 17th, 1975, for the purpose of amending the Zoning Ordinance to include this type operation under G.C. Vote on the motion was unanimous. Lee Silver reported the Craft Fair was very successful and King Springs Park Building is 80% completed. Earle Cochran motioned that Don Lillie be reappointed for a three year term on the Parks and Recreation Commission. Jerry Mills seconded the motion and the vote was unanimous. Appointments to fill vacancy on Planning and Zoning Board will be made at the next meeting. Jerry Mills reported the slab had been poured for the new fire station, plumbing had been installed and erection of the building would start within the next few days. Mayor Porterfield stated there had been no further correspondence from the Department of Transportation on State Route 3. Approval has been received from D. 0. T. to resurface 3.670 miles of streets -'within the city. Mayor Porterfield reported he wanted to meet with Commissioneer Earnest Barrett before any commitment was made on extending Jonquil Drive. He will try to set up an appointment within the next week. Marston Tuck motioned that bids be requested for a traffic control signal at the intersection of Spring Road and G1-nroy for opening at the November 3, 1975 meeting, if possible. Otherwise, bids would be opened on November 17, 1975. Jerry Mills seconded the motion and the vote was unanimous. Willouise Spivey reported 47 absentee ballots bad been issued to date. New voters list shows 7,974 registered voters in the city. Mayor Porterfield reported a meeting would be called with reference to Norseman Apartments this week. Homer Kuhl requested that a bill be mailed to King -Williams Realty to cover the delinquent ($2.00 per apartment) business license. Berl Tate reported that Heritage Trace Apartments had been sold, all papers are in escrow and that the city would not be paid the delinquent water bills until final settlement is made. J. E. David was requested to give a cost estimate on sewer facilities from Hargrove Road and Spring Road to the county line on Highway 41. C. 0. Canada reported the Halloween Carnival would be October 31, 1975 at Cobb Center, also the mini park in Creatwood was cleared and ready for design. Earle Cochran reported the unpaved gravel area at the sanitation building was causing a mud and water problem in the parking lot at the skating Rink. Jim David was requested to follow through and alleviate this condition. Earle Cochran motioned bids on the camera equipment for the police department, to be paid from the 2nd quarter of Revenue Sharing Funds, be opened at the November 3, 1975 meeting. Homer Kuhl seconded the motion and the vote was unaminous. Marston Tuck reported a drainage problem on property located at Brentwood and Lake Drive. The street committe is to contract property owner regarding easement. (Continuation of October 20, 1975) John Porterfield stated a letter, along with the Civil Defense Resolution, would be mailed out this week. The request for a new pickup truck for the sanitation department was deferred, the request to be considered when priorities are set up for 2nd quarter Revenue Sharing Funds, since it was not budgeted. Discussion on a traffic light at Cherokee Road and Beaver Creek Road was deferred, pending negotiations with the postmaster on use of rear street for existing traffic from the Post Office. Homer Kuhl reported that due to the tax bills being mailed out late, the General Fund obligations could not be met, without cashing a General Fund Certificate due 12-18-75, or a W. R. Certificate due 10-25-75. Council authorized Mr. Kuhl to cash in a certificate, or borrow the necessary amount, whichever would be to the best interest to the City. The meeting adjourned at 9:38 P.M. FXFOH-'N- . WARD I, MARSTON TUCK L. W. CHARLES, CITY CLERK. fiI ERRY MILLS WARD IV, HOMER KUHL V WARD V, CANADA WARD VI, ELBERT COALSON VII, EARLE COCHRAN C