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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 r~ I I ~ f.- j ~..,., r'-' .-"J --l ... ~ 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.