Minutes from October 10, 2005

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

Guests present were Jeff Johnson, Ginny Johnston, Joe Johnston, Dave Bishop, Paul Rosenthal, Karen Montgomery, John Hollis, Jean Hollis, Don Garner, John Douglas, Jeff May, Danny Horne, Jamie Peterson, Ronnie Wood, Fred Eggers, Kyle Eberlin, John Hogan and Paul Posner.

Mayor Burgess led the pledge of allegiance.

Mayor Burgess thanked John Douglas and Jeff May for their continued support of Social Circle. Senator Douglas and Representative May both congratulated Social Circle on Solo Cup Distribution Center and commended Mayor and Council for all of their positive efforts in Social Circle.

Council Member Terry asked if the City Attorney could review the city’s ordinance regarding businesses staying open after midnight. He said he Waffle House had expressed an interest and asked about amending the ordinance as they are a 24 hour operation.

Council Member Terry made a motion, seconded by Council Member Price to appoint Kamel Joseph to the Habitat for Humanity Board to represent Social Circle. All were in favor.

Council Member Terry made a motion, seconded by Council Member Price to approve a resolution (attached) thanking Joe Johnston for his service as Community Service Officer. All were in favor.

The agenda was approved as submitted.

Council Member Price made a motion, seconded by Council Member Porter to approve the minutes as submitted. All were in favor.

Council Member Peppers made a motion, seconded by Council Member Terry to approve the financial statements for September 2005 as submitted. All were in favor.

Item 8, Planning & Zoning Report, Denmark Development was skipped by the request of Dave Bishop, Great Walton Railroad in anticipation of the arrival for the Railroads attorney.

Council Member Terry made a motion, seconded by Council Member Price to approve Associates in Local Government Assistance, Inc., President Sara T. Davis as the Community Development Block Grant Administration Consultant. All were in favor.

Council Member Terry made a motion, seconded by Council Member Porter to approve a contract with R. J. Wood and Company, R. J. Wood, PE as the Community Development Block Grant Engineer. All were in favor.

R. J. Wood, Engineer for the City’s GEFA projects reported on the following projects:

1. Projects out for bid:

Project #1 Trunk Line “A” Gravity Sewer from South Cherokee Street to Wastewater Treatment Plant (7000-025) Bid opening 11-3-05

Project #2 Trunk Line “B” Gravity Sewer Line from Oak Drive to Wastewater Treatment Plant (7000-026) Bid opening 11-3-05

Fairplay Lift Station and Lift Station Force Main (7000-033) Bid opening 11-3-05

2. Generators

Godwin Pumps $183,917.00

Council Member David Terry made a motion, seconded by Council Member Peppers to approve the bid from Godwin Pumps for $183,917.00 for Generators. All were in favor.

3. Hightower Road/Alcova Road 12” Water Line

Budgeted cost $918,043.00, Actual Cost of $786,302.42, savings of $131,740.58.

Council Member Terry made a motion, seconded by Council Member Porter to authorize Mayor and City Manager to execute final adjusting change order reducing contract with D. Ragsdale from $643,208.32 to $511,467.74 (reduction of $131,740.58 and to execute all required project close-out documents. All were in favor.

4. Re-allocate funds on the GEFA Water Loan

Attached

Council Member Terry made a motion, seconded by Council Member Price to authorize Mayor and City Manager to execute documents to amend the GEFA Water Loan budget. All were in favor.

Council Member Peppers made a motion, seconded by Council Member Price to approve an application for Malt Beverage and Wine License for Yonas Keleta, Village Market, 247 Cannon Drive, Social Circle. All were in favor.

Kyle Eberlin, Advanced Disposal informed Mayor and Council that due to high fuel costs Advanced Disposal needed to increase the monthly rate per household from $8.77 per household to $9.06 per household. In addition the addendum to the contract would extend the contract until October 31, 2008 and amended section 18 to include language to terminate the contract should the City become dissatisfied with Advanced Disposal’s service. Council Member Peppers made a motion, seconded by Council Member Porter to approve the addendum to Advanced Disposal’s Contract (attached). All were in favor.

Mayor and Council discussed usage fees for the Library and Community Room. At present the City charges $50 for the use of the community room. Policy at the Library says to charge $25, but no one is being charged. Personnel at the library would like a clear understanding of the policy and how to enforce. After some discussion Lee Abney, City Attorney suggested that he do some research and prepare a draft policy for review.

Council Member Terry made a motion, seconded by Council Member Price to approve the final reading of the updated code. All were in favor.

Mayor Burgess called to order a public hearing for Zoning Application for Denmark Development at 1148 N. Cherokee Road to rezone from R25 to NC.

Paul Rosenthal, Attorney for Denmark Development summarized the events of the last few months bringing us up to date and reminding Mayor and Council of the developer’s plans for the property.

Dave Bishop, Great Walton Railroad spoke against the development as the Railroad documentation proves that 30’ on the back corner of the property is actually Railroad right of way and does not belong to the applicant as suggested. Matthew D. Williams, Attorney for Great Walton Railroad arrived and reiterated Mr. Bishop’s comments regarding the Railroad right of way. He explained that under the regulation of the Surface Transportation Board that local governments can not zone railroad right of way.

Mayor Burgess suggested that Council could approve the rezone if so inclined identifying that the approval would only apply to property actually owned by the applicant and would not affect land in dispute between the railroad and applicant.

After much more discussion Council Member Porter made a motion, seconded by Council Member Terry to approve rezoning of the property located at 1148 N Cherokee Road (application from Denmark Development) including only that property which is in the legal ownership of the applicant, and subject to the recommendation made by the Planning & Zoning Commission as follows:

Tract A of .845 acres restricted to office space in the existing structure.

Tract B of 1.142 acres be granted a rezone of NC subject to use as office and storage subject to the requirements of the Historic Preservation Commission.

Storm water quality and quantity requirements be met.

Buffer restrictions complied with as it relates to residential property.

Developer to install a water line on Malcom Road with a fire hydrant in place meeting the requirements of the Public Safety Department.

Easement access to the water line for the city.

Public Safety Department access road to be 30’ instead of 24’ as suggested.

The Malcom Road ROW be increased an additional 10’ for a total of 25’ ROW for future road needs with the understanding that his requirement will not effect setbacks.

All were in favor.

Meeting adjourned at 7:20 PM.