REGULAR MEETING OF THE ELBERTON CITY COUNCIL Monday, March 3, :30 p.m.

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REGULAR MEETING OF THE ELBERTON CITY COUNCIL Monday, March 3, 2008 5:30 p.m. Pursuant to due call and notice thereof the Regular Meeting of the Mayor and Council convened at 5:30 p. m. on Monday, March 3, 2008 in Council Chambers of the Municipal Building, 203 Elbert Street with Mayor Guest presiding. Present were: Council Members Butler, Colquitt, Hunt, Seymour, and Paul; City Attorney Phelps, City Manager Dunn and City Clerk Churney. Mayor Guest called the meeting to order. Mayor Pro tempore Colquitt led the assembly in the Pledge of Allegiance and City Attorney Phelps led the assembly in prayer. Mayor Guest recognized Mrs. Nadine Wright s government class that was observing the meeting. Council Member Butler motioned to approve the minutes of the February 4, 2008 meeting as submitted, seconded by Mayor Pro tempore Colquitt and the motion passed unanimously. Reports. Controller Kim Greenway presented the Financial Report through January 2008 with the following net assets: General Fund $ 3.638 million Utility Fund $ 22 million Elberton Technology Services Fund $ 1.8 million net loss Solid Waste Fund $ 436,719 Unrestricted Investments-General Fund and Utility Fund $ 2.81 million Restricted Investments $ 789,000 (SPLOST & Utility Funds) Mayor Guest asked if there were any speakers from the floor. Mrs. Tracy Rousey of 219 Tate Street asked to speak to Council. Council Member Hunt motioned to hear Mrs. Rousey, seconded by Council Member Butler and the motion passed unanimously. Mrs. Rousey thanked the city workers for their hard work during the power surge in their neighborhood. Council Member Seymour introduced the following Resolution for first reading: RESOLUTION WHEREAS: The City of Elberton and the Downtown Development Authority have worked for many years to revitalize the historic McIntosh Street off the public square; and WHEREAS: The City of Elberton was awarded a Rural Business Enterprise grant from United States Department of Agriculture in the amount of $50,000 to be used to construct a parking lot in downtown Elberton; and WHEREAS: This project will create/save jobs in this area and boost the economy in

Elberton, Georgia; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Elberton, Georgia hereby agrees to purchase the following parcel of land on James Street for this project: Parcel Description A parcel or land consisting of 0.06 acres, more or less, identified as Elbert County tax map number E11-089, owned by the Elberton Downtown Development Authority, for the selling price of $22,543.35. BE IT FURTHER RESOLVED that the Mayor, City Manager, and City Clerk are authorized to execute the necessary documents to effect this purchase of land for the proposed parking lot project. The Resolution was read in its entirety and will require an additional reading in April. Council Member Butler introduced the following Resolution: State of Georgia County of Elbert RESOLUTION WHEREAS: The City of Elberton maintains storm sewer; and WHEREAS: A portion of this storm sewer collection system is located in the area of Prince, Campbell, and Locklin Streets and is in need of extensive repair and is within an area where the majority of residents are low to moderate income; and WHEREAS: Failure to perform these needed repairs and rehabilitation expose the residents in this area to risk to their health and well being; and WHEREAS: The cost of repair and rehabilitation of this portion of the storm sewer collection system is estimated to be in excess of $401,850; and WHEREAS: The City of Elberton currently does not have adequate funds available to finance these repairs; and NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the City of Elberton hereby authorize the Mayor and/or City Manager to apply for a Community Development Block Grant (CDBG) for FY 2008 through the Georgia Department of Community Affairs (DCA) for the purpose of funding repairs and rehabilitation to the City of Elberton storm sewer collection system in the areas of Prince, Campbell, and Locklin Streets (the project) and hereby delegates to the Mayor and/or City Manager authority to execute all documents necessary to apply for and obtain the CDBG Grant. BE IT FURTHER RESOLVED that the Mayor and Council of the City of Elberton hereby appropriates 10% (ten percent) of the amount of the CDBG Application over $300,000 as a local match for the project. 2

Unanimously Adopted this 3 rd day of March, 2008 at the Regular Meeting of the Elberton City Council. The Resolution was read in its entirety. Council Member Butler motioned to adopt the Resolution as read, seconded by Council Member Hunt and the motioned passed unanimously. Council Member Paul placed the following Ordinance 2152 on first reading: ORDINANCE 2152 AN ORDINANCE BY THE CITY OF ELBERTON TO AMEND THE CODE OF ORDINANCES OF THE CITY OF ELBERTON, GEORGIA TO ESTABLISH A FRANCHISE FEE APPLICABLE TO HOLDERS OF CABLE OR VIDEO FRANCHISES ISSUED BY THE STATE OF GEORGIA BY ADOPTING A NEW SECTION TO CHAPTER 10, BUSINESS; TO DESIGNATE AN AGENT; TO PROVIDE FOR CODIFICATION; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN ADOPTION DATE; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Council Member Paul motioned to waive the reading of the Ordinance, seconded by Council Member Seymour and the motion passed unanimously. Mayor Pro tempore Colquitt introduced the following Resolution: RESOLUTION BE IT RESOLVED BY THE MAYOR AND DULY ELECTED COUNCIL OF THE CITY OF ELBERTON, GEORGIA, AS FOLLOWS: WHEREAS, The City of Elberton owns a certain tract of land known as Elbert County Tax Map parcel 030-009; and WHEREAS, this 10-acre tract of land, known as the Beaverdam Falls Power Plant was once used to generate electric power for the citizens of Elberton and Elbert County beginning in 1895 and continuing until the 1950s; and WHEREAS, this is a historically valuable piece of property to the citizens of Elberton and Elbert County; and WHEREAS, the City of Elberton has received official notice from the attorney for the Elbert County Board of Commissioners that Elbert County is considering abandoning the road known as Powerhouse Road from the County Road System; and WHEREAS, the Elbert County Board of Commissioners has scheduled a public hearing on this proposed road closure for Monday, March 10, 2008, at 4:45 p.m.; and WHEREAS, the Mayor and Council of the City of Elberton desires that the only access road to the south shore of the Beaverdam Falls Power Plant site not be abandoned by Elbert County; and WHEREAS, this property serves an important public purpose as an alternative site that could potentially again furnish electric power to the citizens of Elberton and Elbert County should that need arise; and 3

WHEREAS, the proposed road closure would de-value the property owned by the citizens of Elberton who are also Elbert County residents; NOW THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED, THAT THE MAYOR AND DULY ELECTED COUNCIL OF ELBERTON, GEORGIA DO HEREBY, UNANIMOUSLY, RESOLVE AND SET FORTH ITS OPPOSITION TO THE PROPOSED ROAD CLOSURE OF POWERHOUSE ROAD BY THE ELBERT COUNTY BOARD OF COMMISSIONERS, AND URGE AND ENCOURAGE THE ELBERT COUNTY BOARD OF COMMISSIONERS TO OPPOSE THE ROAD CLOSURE FOR THE REASONS HEREIN SET FORTH. AND BE IT FURTHER RESOLVED, THAT A COPY OF THIS RESOLUTION BE DELIVERED TO THE CHAIRMAN AND EACH MEMBER OF THE BOARD OF COMMISSIONERS AND TO THE COUNTY ADMINISTRATOR AND TO THE COUNTY ATTORNEY. The Resolution was read in its entirety. Council Member Hunt motioned to adopt the Resolution as read, seconded by Mayor Pro tempore Colquitt and the motioned passed unanimously. Council Member Seymour motioned to adopt the consent agenda as submitted, seconded by Council Member Butler and the motion passed unanimously. 1. Approved the expenditures that exceed the City Managers purchasing authority as follows: POLICE DEPARTMENT 200 Amp Generator 120/208 Volt 3 Phase with transfer switch for building renovation J & T Services Recommended $21,385.00 Nixon Power Services $21,999.00 W. W. Williams $22,317.00 (Recommendation based on low bidder) ELECTRIC DEPARTMENT New Digger Derrick Utility Line Truck Altec Industries Recommended $178,344.00 Global Rental Co. $182,210.00 National Utility Equipment $180,835.00 (Recommendation based on low bidder) Delivery to be in FY2009 200-240 days from order ELECTRIC DEPARTMENT New Electric Bucket Truck Altec Industries Recommended $128,773.00 Global Rental Co. $133,432.00 National Utility Equipment $130,911.00 (Recommendation based on low bidder) Delivery to be in 30-60 days from order 4

2. Approved the dues, travel and training for all city departments as follows: Police Chris Dyal & Jason Bagwell IPMBA Police Cyclist Course March 24-28, 2008 Nags Head, NC Registration: None Lodging: $250.00 (40-hour course that will qualify students to be certified Police Cyclists through the International Police Mountain Bike Association) Robert Echols & Brian Anderson Regional Police Academy March 28 - June 6, 2008 Athens, GA No Cost (10 week basic training, 408-hours) Jason Bagwell & Daniel Brogden T-Cap/Criminal Patrol for Patrol Officers April 7-11, 2008 Meridian, MS No Cost (40-hour course) Electric Mark Blackmon Its Qualified Operator Training March 3-6, 2008 Forsyth, GA Registration: None Travel/Lodging: $388.00 Brad Alexander Its Qualified Operator Training March 11-13, 2008 Forsyth, GA Registration: None Travel/Lodging: $387.00 Ron Ethridge Core Leadership Skills Part 3 March 6-7, April 16, May 14-15 June 19-20 Atlanta, GA Registration: $ 600.00 Travel/Lodging: $ 225.00 Council Joel W. Seymour GMA Spring Training Fire & EMS Columbus, GA April 9, 2008 Registration: $205 Lodging: $130 Various Ron Ethridge, Lynn Saxon, Alicia Martinez, Tanya Scoggins, Charles Truitt, Haley Fortson, Keith Ingram & Robert Cordell Beginners MS Excel Class March 27, 2008 Athens, GA Registration: $1,112.00 Public Works James Adams GMA Cemetery Association Meeting March 6, 2008 Macon, GA No Cost 3. Accepted the minutes and decisions of the Elberton Historic Preservation Commission of February 19, 2008. 4. Authorized the issuance of an Alcohol License to Mr. Mercy Thomas Joseph of Josh & Joel s Minit Mart, Inc. located at 243 College Avenue. City Manager Dunn presented the following reports to Council: 5

City Manager Dunn stated that the NAS-FAC equipment has arrived. Construction and installation will be March 10, 2008. The conversion and cutover will begin March 17, 2008. The new equipment should be operational March 18, 2008. A few days after and by the end of March all of the new channels should come online including HDTV channels. Customers and Digital Basic customers with premium channels such as HBO have been notified by mail of the channel lineup changes that will affect them and the potential for an outage during the cutover. City Manager Dunn stated that ElbertonNET has been attempting to expand to the Goss community over the last several months; however, due to obstacles by Georgia Power, AT&T and Hart EMC we are putting the expansion on hold and focusing on the Washington Highway and Melody Lane area. The City owns the electric poles in that area making the expansion easier. Cost estimates and head counts are being done at this time. City Manager Dunn stated that work on James Street is progressing and the utility work is at the halfway point. Monthly reports and activities of the various departments. State of the City Report. Other matters to be considered by Council. Council Member Seymour inquired about the water restrictions. Mayor Pro tempore Colquitt commented on the State officials visit last week. There being no further business to come before Council, upon proper motion and second the meeting was adjourned. ATTEST: City Clerk Mayor 6