October 6/11/20, 1975 Mayor and Council
346
October 6. 1975
scheduled meeting of Mayor and Council was held pursuant to the charter
Georgia. on October 6. 1975 and called to order at 7:30 P.M.
Mayor John Porterfield. All councilmen were present except
an. Also present were L. W. Charles. City Clerk. Willouise Spivey. Asst.
erk. Nora Proctor. Clerk. Berl T. Tate. City Attorney. J. E. David, Supt. of
Public Works. Lee er. Director of Parks and Recreation. Leon Hood. Building
Inspector. George . Consultant Engineer. and Members of the press.
Invocation was given by Counci~n Homer Kuhl. followed by the Pledge to the flag.
Joe Stelneck. representing the Knights of Columbus. requested premission to hold a
bucket brigade in the city on October 11. 1975. all proceeds to go to the Georgia
Association for Retarded Citizens. Members of the American Legion will actually be
the brigade. Jerry Mills made a motion the request be granted subject to
receipt of a list of the intersections to be worked. Homer Kuhl seconded the motion
and the vote was unanimous. Mayor Porterfield will present a Proclamation
October 10-12. 1975 as of Columbus Days for the Retarded in
Saturday morning at 10:00 A.M..
C. O. Canada announced of Smyrna Parks and Recreation Department had been
named as winner of the ing Award" by the Georgia Parks and Recreation
This is the highest sward given the Society and represents the most
parks and recreation department in the state. The award will be presented
at the C.R. .5. Conference in Jeykel Island in November. Mayor Porterfield stated
this was a real honor for the City to win this award. especially since the Parks and
Recreation Department had been in full operation for only a year. He commended
Lee Silver. Director. for a job well done.
Lee Silver announced that Mayor John Porterfield was the recipient of the Award"
represanting the person contributing most to the parks and recreation development in
his community. This award will also be presented at the GRPS Conference in November.
Sgt, Mathisu~ USMC. Dobbins
to collect the bicycles and
to fixed up and readied for
a motion that all uncla
time prescribed by law.
Force Base. asked permsision from Mayor and Council
which are left unclaimed at the Police Department.
for Tots" Christmas Project. ton Tuck made
be turned over to the Marines after ke length of
Puffe seconded the motion and the vote was unanimous.
made a motion the bid on the new patrol car be awarded to the low bidder.
Jerry Mills seconded the motion and the vote was unanimous.
Bids were opened on the sale of (1) surplused 1970 Chevrolet Sedan and are recorded
as follows:
Alvin Beaty $165.00
John Vann 125.00
Wm. H. Summer.Jr. 261.00
~smes F. Bowen 185.00
LeRosy Smith 125.00
Clarence Canada made a motion the bid be awarded to William H. Summer, Jr. in the
amount of $261.00. Forster Puffe seconded the motion and the vote was unanimoua.
(1) surplused 1963 Chevrolet 14' Flat bed dump truck.
to Fred Beasley. Forster Puffe seconded
the motion and
Bids were not opened f
tif
these b
seconded t:
for the Civil Defense Department because one bidder
it could not be picked up at 7:00 P.M. Marston
ed until Saturday October 11. 1975 at 10:00 A.M..
the vote was unanimous.
Bids for a copier for the purchasing and parks departments were opened and are
recorded as follows:
e Equipment Company
Company
Cobb Office Machines
Dennison Mfg. Co.
Bids were referred to the Administrative committee
at the next meeting.
$825.00
1143.
998.
990.00
to review
and make recommendation
347
(Continuation of October 6. 1975 meeting)
James David reported that owners of
and the commercial businesses on South
He stated work began last Saturday.
between the rear yards on Birch Street
Drive are cleaning up this themselves.
permits were submitted by Leon Hood. Building Inspector. and upon his
the following action was taken:
(1) William E. Baird. 316 Manson Court, requested a five foot side yard variance
in order to construct a two car open sided garage. He a letter from
Ray Thrillkill. 4124 Manson Avenue. whose property form the common property line.
giving his Clarence Canada made amotion the variance be
Forster seconded the motion and the vote was unanimous.
(2) Harry W. Barden. 872 Lake Court. a five foot variance in order to
enclose his carport. He presneted a letter from Mrs. Donna G. Bell and Mrs. James
T. Bell stating they had no objections. Jerry Mills motioned the request be
granted. Homer Kuhl seconded the motion and the vote was unanimous.
Mayor Forterfield announced that all canddattes for the November 1. 1975 election
were invited to the American Legion Fost 160. Tuesday October 21st at 8:00 P.M.
Lee Silver reported the grass had died at the King Springs Park and would have to be
redone. at no cost to the city. He also stated a security guard was on duty at
bhe park. The Craft Fair would be held October 11th and l2bh. The Halloween
Carnival would be at Cobb Center on Oc~ober 3l. 1975.
Jerry Mills reported the rough plumbing was installed at the new fire station. and
work was progressing. weather permitting.
Jim David stated he met wi:lth Lamar Miller of D.O.T. on Wednesday and he is to send
us the results of a survey on street resurfacing in Smyrna.
Mayor Porterfield
Department of
original problem.
recommendation.
stated he had received a letter from Alton Dowd. with the
with reference to the widening of Atlanta Road and the
tape. was still there; therefore. at this time he had no
Marton Tuck reported he had talked with Sanford Jordan. District Traffic Engineer of
the State of Georgia. with eeference to the traffic signal at Glenroy Place and Spring
Road. Mr. Jordan stated the if we wanted a light at this intersection for the purpose
of slowing traffic he would say no. but would recommend a fully actuated light.
Discussion followeddon the type light needed and Marston Tuck made a~,E.otion bids be
received on a semi-actuated light. Motion died for a lack of a second Mayor
Porterfield recommended this be referred back co the committee for further study.
Mayor Porterfield reported he would try to have something on the extension of Jon~il
Drive at the next meeting.
Marston Tuck made an~otion that Dusty Bennett be as election
Homer Kuhl seconded the motion and the vote was unanimous. Gouncilmen
the names of poll workers. Jerry Mills made a motion the salaries o~
be increased as follows: from $40.00 to $45.00~ Clerks from
$40.00. Elbert Coalson the motion and the vote was unan~ous.
Homer Kuhl reported he had contacted Mr. Williams. of King-Williams Realty and Mortgage
Inc.. with reference to their suit against the city. Mr. Williams etated he will get
in touch with Attorney Berl Tate. Mr. Tate reported he had contacted the attorney
for Norseman Apartments funds due the city. He had also talked with an
Alliance General Council. who is handling the apartments
now. to give us an answer sometime before the next meeting.
superintendent.
submitted
workers
.00 to
Homer Ku . in reviewing the financial statement. stated the increase in insurance cost
and the Program payment was the reason administrative cost Was in the red. An
increase in sewerage rates charged by the county has caused the water revenue depsrtment
to run in the red. He asked all councilmen to review the statement thoroughly
and the line on expenditures. Saturday morning. October 11th. 9:00 A.M.. was
the time and date set to review the 1974-75 fiscal audit.
Jerry Mills made a motion that November 15. 1975 would be the date set for an election
runoff if one were necessary. Homer Kuhl seeonded the motion and the vote 'twas
unanimous.
(OCTOBER 6. 1975 Meeting)
348
The minutes of September 8. 1975 meeting were approved as prepared and submitted on
motion Forster Puffe. seconded Jerry Mills. Vote on the motion was unanimous.
The minutes of September 22. 1975 meeting were
motion by Jerry Mills. seconded C. O. Canada.
as prepared and submitted on
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 bef and Council and explain their transportation plan.
Saturday morning at 10:3 M. was the time set for this meeting.
Mayor Porterfield read a Mail-Q-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.
Mills recommended that H. M. Cheshire be reappointed to the Parks and Recreation
for a of three years. A Motion to this effect was made by Jerry
Mills. seconded C. O. 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 seniation department
for a job well done.
Meeting adjourned at 8:53 P.M.
i I i II i I I i Iii i i I II i I
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; Wi1louise Spivey. Assistant City Clerk;
Bob Burchfield. Administrative Assistant and representatives of the press.
At 10:30 A.M. Mayor Porterfield dec1ared 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.
received for the Ci.vil Defense equipment. deferred from the October 6. 1975
ing due to one bid being mailed Certified. were opened. read and are'
f01lows:
Harolds Sales and Servi.ce $1.360.50
Rockford Safety Equip Co. 1.167.49
Charles L. McLarty Co. 1,043.10 (No bid on chain set)
Speeial 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
Co., Pitt s returned unopened since it was received too 1ate.
Bids
coun
reco
on
**********************
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. Cnarles~ 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
Posey and Bennett. This troop was
continuously since that date. Mayor
for their excellent record. The American
Smyrna
June
Boy Soout Troop #156. Scout Masters
8. 1925 and has been in operation
commended the boys and their leaders
Post #160 sponsors this troop.
Legion
Mr. Joe Bland of the Smyrna Jaycees appeared before Mayor and Council and asked
of a Walkathon for Cerebral Palsey on November 8. 1975. Jerry Mills made a
approval be Marston Tuck seconded the motion and the vote was unanimous.
Earle Cochran will 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 Policeman. He stated he had not received a copy of against him.
had to turn in his uniform and requested a letter. copies 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. O. 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-ll Blackhawk wedge set
3 RSE 12 Blackhawk spreader set
1 RSE 13 Special Service Come-a-long
1 RSE 14 Special Service Chain Set
1 12/22 Evans Target Quickie
2 100071 Wheeler Fire Blanket
Tuck made a motion the be purchased in the amount
L. McClarty and $607.92 Rockford Safety Equipment Co..
Puffe seconded the motion and the vote was unanimous.
. Co.
$99.81
$459.00 (153 ea)
$93.29
$106.42
$276.57
.64 (65.82 ea)
.81 from
listed above.
Marston
Charles
Forster
of
as
Marston Tuck stated the city had been awarded $850.00
for the purchase and installation of warning sirens.
received and opened at the November 3. 1975 meeting.
and the vote was unanimous.
funds for Civil Defense
Mr. motioned bids be
Jerry Mills seconded the motion
Opening of bids for a copying machine for the Parks and Purchasing department was
deferred.
A rezoning petition submitted by B:tlly 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 waa 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 . with the stipul-
ation that Mr. Askew donate suffic~ent land for the widening Elmwood Drive. Jerry
Mills seconded the motion and the vote was unanimous.
A discussion on an amendment to Article VII Use Provision. under sec~ion 704 to add
704A. RAn-R. two residential. a motion by Earle Cochran the amendment
be denied. Marston seconded the motion and the vote was unanimous.
The petition to rezone property on Pat Mell Road. LL 421. by David Crowson from R-20
to RAn-R. could not: be considered due to fa~lure of the amendments being approved to
include this claasification.
Due to the State factoring the Cobb Tax . Homer Kuhl motioned the ~ileage
rate for be changed from 12.50 to .25 the sewerage disposal tax. in the
amount of 00 for residefttal and $12.00 for Commercial. be excluded onth.e tax billing.
Forster Pu~~e 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 b~4Leon Hood and upon his recommendations
the following action is recorded:
\1
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350
COBB COUNTY - CERTAIN HOMESTEAD EXEMPTION
PROVIDED FOR CERTAIN PERSONS
Proposed Amendment to the Constitution.
No. 79 (House Resolution No. 208-855)
A Resolution.
P oposing an amendment to the Constitution so as to provide a homestead
>mptlOn of $6,000.00 from all Cobb County ad valorem taxes, including ad
j I Jrenl taxes for the Cobb County School district, for residents of Cobb County
~~) dr~ disabled and who have net income not exceeding $6,000.00 for the
'H],l(~di,ltely preceding taxable year; to provide for the submission of this
lli1~ndmr-lt for ratification or rejection; and for other purposes.
BE it resolved by the General Assembly of Georgia:
S~ction 1. Article VII, Section I, Paragraph IV of the Constitution is
Ih~t'eby amended by adding at the end thereof the following paragraph:
"Any other provisions of this Constitution to the contrary notwithstanding,
'ch resident of Cobb County \';ho is disabled is hereby granted an exemption from
Jll Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County
hoo1 district, in the amount of $6,000.00 on a homestead owned and occupied by
1m as d residence if his net income, together with the net income of his spouse
alJ~ occupies and resides at such homestead, as net income is defined by
rgla law, from all sources, including benefits received from any retirement or
f1~ior fund when such benefits are based on contr.ibutions made thereto by such
I ,'son or his spouse, but not including any federal old-age, survior or disability
~urance benefits, does not exceed $6,000.00 for the immediately preceding taxable
'Ir for income tax purposes. The value of the residence in excess of the above
tpted amount shall remain subject to taxation. In order to qualify for the
(/<'mption provided for herein, the person claming such exemption shall be re'quired
) obtain a certificate from the Federal Social Security Administration or from
l'lel sancti oned agency authori zed to pay di sabil ity benefits when the person cl a imi ng
1',15 exp.mption is not entitled to Soica1 Security benefits under the provisions of
Ttl~ Federal Soical Security Administration, and from not less than one nor more than
.hree physicians licensed to practice medicine under Code Chapter 84-9, relative to
'diea1 practitioners of the Code of Georgia, as now or hereafter amended, certifying
I~t such person is mentally or physically incapacitated to the extent that such
t 'tson is unable to be gainfully employed and that such incapaCity is likely to be
(., rn!anent. Any such person shall not recei ve the benefits of such homes tead exemption
".Jess he, or through his agent, provides the Tax Commissioner of Cobb County with
I) certificates pr'ovided for herein and files an application with said Tax
, irnissioner giving the amount of income which he and his spouse received during the
list taxable year for income tax purposes, and such additional information relative
receiving the benefits of such exemption as will enable said Tax Commissioner to
~e a determination as to whether such person is entitled to such exemption. The
r1' Commissioner shall provide the necessary forms for this purpose. Such applications
hotl1 be processed in the same manner as other applications for homestead exemption,
,'d the provisions of law applicable to the processing of homestead exemptions, as the
Sullie now 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 :eason for the exemption provided in this paragraph. The General Assembly
may pr?vlde by law for the. proper a~ministration of this exemption, including
penaltles necessary therefor. Ire lncreased exemption provided for herein shall
apply to all taxable years beginrli~ after December 31. 1974. II
""",
"'-,
"'-,,~
",
.......,.
(Continuat~on of October 20. 1975 meeting)
(1) Reeves Garden Shop. Ventura Place. requested a rear yard variance fo 26' and a .
side yard variance of 9' for an addit~on to the existing bu~lding. Letters were
presented from acient property owners stating they had no object~on. Jerry Mills
made a motion the variances be approved. Elbert Coalson seconded the motion and the
vote was unanimous.
Application for the permit to construct the addition to the
was approved on motion by Jerry Mills, seconded by Earle Cochran. The
vote was
(3) Mr.
an 18.480
indoor gun
This property is zoned
classification for
se y Jerry
rpose of
Vote on the motion
before Mayor and Conncil in regard to construct~on of
. located on Roswell Street. for the purpose of an
range. Mr. Brown submitted plans for the proposed building.
O.D. and our present Zoning Ordinance does not include a
ation. A motion was made by Forster Puffe.
public Hearing be"'held on November 17th. 1975. for
Zoning O~dinance to include this type operat~on under G.C.
imous.
Lee Silver reported the Craft Fair was very successful and King Springs Park Building
is 80% completed.
Earle Cochran motioned that Don Lillie be reappo~nted for a three year term on the
Parks and Recreat~on Commission. Jerry Mills seconded the motion and the vote was
unanimous.
Appo~ntmentB to f~ll vacancy on Planning and Zoning Board will be made at the next
meeting.
~erry
been
the slab had been poured for the new fire station. plumbing had
and erection of the building would start with~n the next few days.
Mayor Porterfield stated there had been no further correspondence from the Department
of Transportat~on on State Route 3.
Approval has been received from D. O. T. to resurface 3.670 miles of streets within
the city.
Mayor Porterfield he wanted to meet w~th Commiss~oneer Earnest Barrett before
any commitment was on extending Jonquil Drive. He will try to set up an
appointment within the next Week.
Marston Tuck
intersection
if possible.
seconded the
motioned that bids be requested for a traffic control signal at the
of Spring Road and Gl-nroy for opening at the November 3. 1975 meeting.
Otherwise, bids would be opened on November 17. 1975. Jerry Mills
motion and the vote was unanimous.
Will.ouise
list shows
reported 47 absentee ballots bad been issued to date.
registered voters in the city.
New voters
Mayor Porterfield
whis
a meetipg would be called with reference to Norseman
that a b~ll be mailed to King-W~lliams Realty to cover the
.00 per apartment) business license.
Berl Tate reported that Her~tage Trace Apartments had been sold. all papers are in
escrow and that the city would not be paid the delinquent water bills unt~l f~nal
settlement is made.
J. E. David was requested to give a cost e~timate on sewer facilities from Hargrove
Road and Spring Road to the county line on H~ghway 41.
C. O. Canada reported the Halloween Carnival would be October 31, 1975 at Cobb Center.
also the mini park in Creatwood was ~leared and ready for des~gn.
reported the unpaved aE'ea at the san~tation bu~lding was causing
water problem ~n the lot at the skat~ng R~nk. Jim David was requested
and alleviate this condition.
meeting.
motioned bids on the camera equipment for the
2nd quarter of Revenue Sharing Funds. be at the
the motion and the vote was unam~nous.
. to be
3. 1975
Marston Tuck reported a d
Drive. The street committe
lem on property located at Brentwood and Lake
s to contract property owner regarding easement.
352
(Cont~nuation of October 20. 1975)
a letter.
week.
the C~vil Defense
would
for a neW pickup truck
considered when
it was not budgeted.
the san~tation department the
are set up for 2nd quarter Revenue Shar~ng
l~ght at Road and Beaver
with the postmaster on use of rear street
bill$ be~ng out. lat;:e. the General
cashing a General ~und
Counc~l
necessary amount. whichever
Mr. Kuhl to
be to the
The meeting
at 9:38 P.M.