Minutes from August 8, 2005

Vice Mayor Price called the meeting to order with the following Council Members present: Angela Porter, Anne Peppers and David Terry. Also present were City Attorney Lee Abney, City Manager Doug White and City Clerk Susan Roper.

Guests present were: Joe Johnston, Randall Chancey, Tom Lutton, Jean Hollis, John Hollis, Karen Montgomery, Jeff Johnson, Don Garner, Terri Wommack, Ginger Nunally, Ginny Metcalf, Paul Rosenthal, Danny Horne, Steve Fulgham, Jane Fulgham, Melinda Payne and Charles Bell.

Vice Mayor Price led the Pledge of Allegiance to the flag.

Terry Womack, Executive Director of the Walton County Chamber of Commerce shared with Mayor and Council the results of a listening session held last November. She said that there was a request for a brochure that included Social Circle. She said that they were working with the State and were creating a brochure that would cover the entire Walton County area and that the brochure would be ready soon. She also said that to date there were 62 members of the Chamber from Social Circle. She thanked Council for their time and said to let her know if there were projects that needed her help.

Senator John Douglas reported to Council that the city limit signs on I-20 were put up today. He also said that he had been working with DOT for radar permitting for the Public Safety Department.

City Manager Doug White reported that there had been a request from the Public Safety Department to authorize a payroll deduct for the Southern States Police Benevolent Association, Inc. This agency provides beneficiary with a death benefit and provides attorney assistance to the employee. Council Member Terry made a motion, seconded by Council Member Peppers to approve. All were in favor.

Council Member Porter made a motion, seconded by Council Member Terry to approve the agenda with the following changes:

1. Delete Item #18

2. Add Item #23 – JDA Agreement

3. Add Item #24 – Indemnification Agreement

All were in favor.

Council Member Terry made a motion, seconded by Council Member Porter to approve the minutes for July 2005 as presented. All were in favor.

Vice Mayor Price reported that the financial statements would be furnished ASAP. They were not ready for Council Meeting because the budget has not been approved.

Ronnie J. Wood of R J Wood & Co. reported to Council the results of the bids received

last Thursday. They were as follows:

1) Bids for the Waste Water Treatment Plant came in very high. Engineer Wood

recommended to Council to authorize City Manager Doug White and himself to research other alternatives and bring back recommendations to Council. Council Member Peppers made a motion, seconded by Council Member Terry to approve the recommendation. All were in favor.

2) Bids for the SCADA system came in as follows:

1. Southern Champion Construction Company $215,300

2. P.F. Moon & Company $240,000

Council Member Terry made a motion, seconded by Council Member Peppers to award the SCADA bid to low bidder, Southern Champion Construction Company for $215,300. All were in favor.

3) There were no bids received for the Generators.

Council Member Peppers made a motion, seconded by Council Member Porter to approve a Beer and Wine Pouring License for Sycamore Street Neighborhood Grill. All were in favor.

Council Member Terry made a motion, seconded by Council Member Porter to award the Audit for 2004-2005 fiscal year to Treadwell, Tamplin and Company for $40,950. All were in favor.

Council Member Peppers made a motion, seconded by Council Member Terry to approve a contract for Gunn’s Lawn Care for $29,000 beginning May 1, 2005 and ending April 30, 2006. All were in favor.

Council Member Peppers made a motion, seconded by Council Member Terry to approve $600 to Walton County Recreation Department to close out a Local Assistance Grant for Stephens Park. All were in favor.

City Clerk Susan Roper gave Council an update on the upcoming election in November. She reported that qualifying for City of Social Circle Districts 1 & 3 and for Social Circle School Board Chairman and Districts 2 & 4 would be September 12 through September 16^th. Council Member Porter made a motion, seconded by Council Member Terry to appoint Susan Roper as the Municipal Election Superintendent. All were in favor.

A Resolution for the Social Circle Development Authority for clarification of their name was presented for the 2^nd reading.

Council Member Terry made a motion, seconded by Council Member Peppers to approve a resolution to adopt the 2005-2006 budget as presented. All were in favor.

Council Member Peppers made a motion, seconded by Council Member Terry for the 3% payroll raises included in the budget for full-time permanent employees (already served 6 month probation) to be retroactive to July 1, 2005. All were in favor.

Council Member Terry made a motion, seconded by Council Member Peppers to approve the final plat for Brookstone Office Park. All were in favor.

City Manager Doug White reported to Mayor and Council that the Planning & Zoning Commission had met on July 25, 2005 and recommended approval of a re-zone of the property at the corner of GA Hwy 11N (Cherokee Road) and Malcom Road from R-25 to NC. Vice Mayor Price opened a public hearing to hear public comment for and against the re-zone. Attorney Paul Rosenthal spoke in favor of the re-zone for the developer (Denmark Development Group). City Attorney Lee Abney introduced a letter to Council from Great Walton Railroad stating that they had opposition due to a difference in ROW on their records than presented on the plat by the applicant. After some discussion and a recommendation from the City Attorney Council Member Porter made a motion, seconded by Council Member Terry to table the matter until the September 2005 meeting giving time for the easement issue to be resolved. All were in favor.

Council Member Terry made a motion, seconded by Council Member Porter to extend the moratorium on zoning for the newly annexed 1200 acres until the end of November 2005. All were in favor.

A committee of Traysa Price, Anne Peppers, Charles Bell, Don Garner and Joe Johnston was formed to research and make a recommendation to Mayor and Council regarding zoning of the annexed property.

City Attorney Lee Abney presented the 2^nd reading of the updated code. He reminded Council that the updates were for speed limits, squirrel and bird hunting regulations and animal control.

Council Member Peppers made a motion, seconded by Council Member Porter to amend the Zoning Ordinance to include a new zoning classification of MUBP which is Mixed Use Business Park. All were in favor.

Council Member Peppers made a motion, seconded by Council Member Terry to approve a Resolution to increase Freeport from 60% to 80% effective January 1, 2005. All were in favor.

Council Member Porter made a motion, seconded by Council Member Peppers to table the matter of Social Circle Board of Education Land Swap for the City Attorney to do more research. All were in favor.

Council Member Terry made a motion, seconded by Council Member Peppers to approve a sewer agreement with the Joint Development Authority. All were in favor.

Council Member Peppers made a motion, seconded by Council Member Porter to approve an indemnification agreement between the City of Social Circle and Mr. Brett Pizza for permission to use his firing range for Public Safety Training. Attorney Reitman to prepare. All were in favor.

Council Member Peppers made a motion, seconded by Council Member Porter to exit regular session. All were in favor.

Council Member Peppers made a motion, seconded by Council Member Porter to enter Executive Session to consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims, administrative proceedings or other judicial actions. All were in favor.

Council Member Peppers made a motion, seconded by Council Member Porter to exit Executive Session. All were in favor.

Council Member Peppers made a motion, seconded by Council Member Porter to enter Regular Session and adopt a resolution authorizing and directing the members and presiding officer to execute an affidavit in compliance with O.C.G.A. §50-14-4(b) and that we, without waiving any of the members’ constitutional rights, ratify by resolution the actions taken in executive session, confirming the subject matters of that executive session were properly within exceptions permitted by the open meetings law and that no other matters were discussed other than those of a purely personal or non-governmental nature. All were in favor.

Council Member Terry made a motion, seconded by Council Member Porter not to pay Billy Durden any additional money under his expired lawn maintenance contract. All were in favor.

Council Member Peppers made a motion, seconded by Council Member Porter to adjourn the meeting at 7:54 PM.

AFFIDAVIT AS REQUIRED UNDER O.C.G.A. §50-14-4(b)

The undersigned presiding officer and members of the governing body, under oath hereby state and certify that at the meeting of the governing body held on August 8, 2005;

1) We properly entered executive session as permitted by O.C.G.A. §50-14-4. The only matters discussed during such executive session of its meeting as allowable under O.C.G.A. §50-14-2 and §50-14-3 were as follows:

(x) To consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims, administrative proceedings or other judicial actions;

( ) To discuss tax matters which are confidential by state law;

( ) To discuss future acquisition of real estate;

( ) To discuss the appointment, employment, compensation, hiring, disciplinary action or dismissal or periodic evaluation or rating of a public officer or employee, but not when receiving evidence or hearing argument on charges filed to determine disciplinary action; and

2) To the best knowledge and belief of the undersigned, no other matters than the

above, and those of a purely personal and/or non-governmental nature, were discussed during said executive session.

3) By executing this affidavit, the undersigned do hereby state that they in no way waive any rights granted under the 5^th Amendment to the United States Constitution.

4) This affidavit is executed solely for the purpose of compliance with the mandate of O.C.G.A. §50-14-4(b) and shall serve no other purpose.

This the 8th day of August, 2005.

____________________________________

Traysa Price, Vice Mayor

____________________________________

Anne Peppers, Council Member

____________________________________

Angela Porter, Council Member

____________________________________

David Terry, Council Member

Sworn to and subscribed before me

The date first above written.

___________________________________

Notary Public, Jasper County, GA

My commission expires:

RESOLUTION

BE IT RESOLVED by this governing body as follows:

(1) At the meeting held on the 8^th day of August, 2005, we entered into executive session for the purpose of discussing the following:

(x) To consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims, administrative proceedings or other judicial actions;

( ) To discuss tax matters which are confidential by state law;

( ) To discuss future acquisition of real estate;

( ) To discuss the appointment, employment, compensation, hiring disciplinary action or dismissal or periodic evaluation or rating of a public officer or employee, but not when receiving evidence or hearing argument on charges filed to determine disciplinary action; and

(2) The discussion regarding the matter(s) set forth for executive session purposes are hereby ratified.

(3) To the best of each member’s knowledge, the discussions in executive session were only those regarding the matter(s) set forth herein which are proper under the open meetings act and no other matters were discussed other than those of a purely personal or non-governmental nature.

(4) The members hereby authorize and direct the presiding officer and all members to execute an affidavit in order to comply with O.C.G.A. §50-14-4(b).

(5) This Resolution and the accompanying affidavit shall be included and filed with the official minutes of the meeting and shall comply with all legal requirements thereof.

RESOLVED THIS 8^thday of August, 2005.