CITY OF CORNELIA

CITY OF CORNELIA MINUTES OF MEETING JULY 13, 2010 The Cornelia City Commission met in a Workshop Session on Tuesday, July 13, 2010 at 5:30 p.m. at the City Hall Annex. Mayor Ballard called the meeting to order with the following members present: Commissioners Don Bagwell, Tony Cook, Wes Dodd, and Ernie Garrett. Also present: Better Hometown Manager Andrea Harper, City Attorney Steve Campbell, City Manager Donald Anderson, Jr., City Planner Jeff Barron, Human Resource Manager Diane Feorino and Secretary to the City Commission Janie Henderson. Better Hometown Manager Harper gave her report because she had a conflict with another meeting. Engineer Robert Simmons was present to update the Commission on the Wastewater Treatment Plant Project. The GEFA Funding has been approved and pre-construction hearing has been set for July 14, 2010. Judy Bryson, Bryson & Associates, was present to ask for consideration for her stthtemporary banner that she puts up from January 1 through April 15 each year. She explained that she had been doing taxes and placing her banner up since 1996. Ms. Bryson was instructed to follow the process and make application to the Board of Adjustments for a variance. Rotary Club has inquired about using the Community House on a weekly basis for their meeting and wants to know what the fee would be. City Manager Anderson explained that we already have a policy that we charge half the fee for non-profits. Commission instructed Mr. Anderson to ask them to make a proposal for consideration. Ms. Henderson explained that Cornelia Tractor is several years past due on their taxes and Ms. Wilbanks, the owner, is asking for some consideration on the penalties and interest owed. It was explained that if we were to turn over to a collection agency they would get 40 percent of amount collected and that would be more than waiving the penalties and interest. Commission advised if the taxes were all paid in full they had no objections to waiving the penalty and interest. The meeting was adjourned at approximately 6:55 p.m. and they proceeded to the Regular Meeting in the Municipal Building. ____________________________________ __________________________________ Janie N. Henderson, Secretary to the Margaret P. Ballard, Mayor, City of City Commission Cornelia CITY OF CORNELIA MINUTES OF MEETING July 13, 2010 The Cornelia City Commission met in Regular Session on Tuesday, July 13, 2010 at 7:00 p.m. in the Municipal Building. Mayor Ballard called the meeting to order with the following Commissioners present: Don Bagwell, Tony Cook, Wes Dodd, and Ernie Garrett. Also present: City Attorney Steve Campbell, City Manager Donald Anderson, Jr., City Planner Jeff Barron, Human Resource Manager Diane Feorino, and Secretary to the Commission Janie Henderson. Commissioner Bagwell gave the invocation and Mayor Ballard led the Pledge of Allegiance. Commissioner Bagwell made the motion to approve the July 13th Agenda with the following additions under New Business: #15-Executive Session to discuss Real Estate and under Public Forum remove Judy Bryson and add Jamie Torres; seconded by Commissioner Cook. Approved unanimously. Commissioner Garrett made the motion to approve the June 1st, 2010 Meeting Minutes as submitted; seconded by Commissioner Bagwell. Approved unanimously. ublic Forum – Mr. Jamie Torres came forward and asked for permission to hold an P event at his Flea Market on Saturday, September 12, 2010. City Manager Anderson said Mr. Torres has had 2 events already this year and didn’t ask for permission and assumes this is because of the new ordinance that is being presented tonight for posting dealing with Special Events. Mr. Torres said yes, but that he wants to comply with whatever the requirements are. City Attorney Campbell said that if the ordinance is posted tonight it rdcould be approved for adoption at the August 3 Meeting and that wouldn’t allow Mr. Torres enough time to comply. The Commission had no objection to Mr. Torres holding his event, but asked that he meet with City Manager Anderson to discuss his event during this transition period. It was noted that during this period of transition that applications for Special Events need to be filed with the City Manager. Better Hometown Report – BHT Manager Andrea Harper gave her report during the Workshop. City Manager Report - City Manager Anderson presented his June Report: (1) The planning department has issued a permit to demolish a house at the corner of Cox and Third Streets. We had been working with the owners to get this property cleaned up which is another one that has been targeted as blighted property. That makes a total of 7 houses in 1 year, which is pretty good given the limited resources we have for this project. (2) We received notice from the Department of Natural Resources that we have been approved for a $98,000 Grant to construct a dog park. We have 2 years to complete the stproject so we will plan to budget for it in 2011. (3) July 1 our hotel/motel tax will be increased to 8% and we have notified all of our hotels/motels. (4) The auditor is still working on our 2009 Audit. Since we had several single audits and the software conversion last year it is taking more time. (5) Wal-Mart has awarded a contract for the Cornelia City Commission – Minutes of Meeting July 13, 2010 Page 2 of 4 construction of the store and we expect work to begin in the next 30 days. (6) The June Department Reports were also presented. Commissioner Dodd made the motion to adopt Ordinance 06-10-01, Adopting Rules and Regulations enacted by the Habersham County Board of Health; seconded by Commission Bagwell. Approved unanimously. Conditional Use Zoning Request - Mayor Ballard opened the Public Hearing for 1231 Highway 441 Bypass. City Planner Barron introduced the application of Vivian Schoonmaker & C. Steve Ash, owners, of property located at 1231 Highway 441 Bypass for Conditional Use Zoning to allow for the use as a Pawn Shop. The Municipal Planning Board heard the request at their meeting held on June 24, 2010 and they recommended the request not be approved. Mayor Ballard asked if there were any comments in favor of the request. Ms. Schoonmaker stated it is for a “Title Pawn” and not a pawn shop. She said that the economy is bad and that people are having trouble getting money just to meet the bare necessities. She said that you used to could go to the bank and get a $500 loan for this but now you can’t and people need somewhere to turn. Steve Ash, son and partner of Ms. Schoonmaker stated, they will not be keeping vehicles on the property, someone else will be running that side of the business and that their interest rates will be competitive. William Crawford came forward to speak on behalf of the request. He said times are hard that he and his wife just had to close their business and they couldn’t do anything to stop it. He said he projected that 30 more businesses will close in the next few months. He said he is in support of businesses being successful and looking for ways to stay in business. Mayor Ballard asked if there were any comments against the request. No comments were heard. Mayor Ballard closed the Public Hearing. Commissioner Garrett said he is not against businesses making a living and that people are hurting. But that he feels that these types of services are exploiting the poor people. Mr. Ash said they would not charge the maximum interest of 25% allowed by law that it would probably be 10-12%. Commissioner Garrett made the motion to not post the ordinance; seconded by Commissioner Dodd. The motion to deny the request was passed unanimously. Commissioner Dodd made the motion to approve the 3 items on the Consent Agenda: (1) Resolution 07-10-01, GEFA Loan # 2010-L10WQ. (2) HVAC replacement at the Community House. and (3) 4” Pump purchase for the Water Plant Sludge Lagoons; seconded by Commissioner Cook. Approved unanimously. City of Cornelia – Minutes of Meeting July 13, 2010 Page 3 of 4 Intergovernmental Agreement - City Manager Anderson stated that Habersham County has requested that we consider using their building inspectors when the need arises. We have a fulltime inspector and they would only be used as needed. Commissioner Bagwell made the motion to approve the Intergovernmental Agreement with Habersham County for Inspection Services on an as needed basis at the rate of $35 per hour; seconded by Commissioner Dodd. Approved unanimously. Agreement with Fieldale Farms – City Manager Anderson advised that this is for the repayment of GEFA Loan #2010-L10WQ in the amount of $3,498,138 for the Wastewater Treatment Plant Expansion Project. Commissioner Bagwell made the motion to authorize the Mayor to sign the Agreement with Fieldale Farms Corporation for the repayment of GEFA Loan #2010-L10WQ not to exceed $3,500,000 for the Wastewater Treatment Plant Expansion Project; seconded by Commissioner Dodd. Approved unanimously. Contract with Southern Champion – City Manager Anderson said the project was awarded to Southern Champion at the June Meeting contingent upon the GEFA Funding being approved. Now the contract needs to be signed by the Mayor. Commissioner Garrett made the motion to authorize Mayor Ballard to sign the contract with Southern Champion for the Wastewater Treatment Plant Expansion Project; seconded by Commissioner Cook. Approved unanimously. Ordinance 07-10-01, Special Events – City Manager Anderson stated this ordinance will replace Chapter 32, “Parades” if adopted. The ordinance would require persons responsible for the special event to obtain a permit from the City and if any city personnel or equipment is needed for the event then we will be reimbursed for those services. He noted that on page 3, paragraph 2 the application fee needs to be removed and wording added to refer to our Schedule of Fees and paragraph 3 need to return with suggested change to the number of days required prior to the event. Commissioner Dodd made the motion to post Ordinance 07-10-01, Special Events, with the noted corrections being made; seconded by Commissioner Garrett. Approved unanimously. Commissioner Dodd made the motion to close the meeting at approximately 7:55 p.m. and to go into Executive Session to discuss Real Estate; seconded by Commissioner Garrett. Approved unanimously. Commissioner Dodd made the motion to close the Executive Session and open the meeting at approximately 8:10 p.m.; seconded by Commissioner Garrett. Approved unanimously. Cornelia City Commission – Minutes of Meeting July 13, 2010 Page 4 of 4 Mayor Ballard stated that Real Estate was discussed and no action was taken. Commissioner Dodd made the motion to adjourn the meeting at approximately 8:15 p.m.; seconded by Commissioner Bagwell. Approved unanimously. ________________________________ _____________________________________ Janie N. Henderson, Secretary to the Margaret P. Ballard, Mayor, City Of Commission Cornelia AFFIDAVIT Personally appeared before the undersigned officer, duly authorized to administer oaths, Margaret Ballard, who, after being duly sworn, deposes and on oath states the following: (1) I was the presiding officer of a meeting of the Cornelia City Commission held on the 13th day of July, 2010. (2) That it was my understanding that O.C.G.A. 50-14-4(b) provides as follows: when any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. (3) The subject matter of the closed meeting or closed portion of the meeting held on the 13th day of July, 2010, which was closed for the purpose(s) of discussing Real Estate ____ as allowed by O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. (4) This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. 50-14-4(b) that such an affidavit be executed. This 13th day of July , 2010 . ____________________________________ Margaret Ballard, Mayor Sworn to and subscribed before me this 13th day of July , 2010. __________________________________________ Janie N. Henderson, N.P. thMy Commission Expires: February 26, 2012