Untitled Document

Special Called (Emergency) Meeting, City of Harlem, GA Page 2538
December 4, 2009
Harlem City Hall

The City Council of the City of Harlem, Georgia met for a Special Called (Emergency) Meeting on Friday, December 4, 2009 at 8:30 a.m. at Harlem City Hall with Mayor Pro tem Rudolph Dixon presiding.

Present: COUNCILMEMBERS: Mayor Pro tem Rudolph Dixon, Councilman Tom Blalock, and Councilwoman Robin M. Root; STAFF: City Manager Jean R. Dove, City Clerk Debra E. Moore, and City Attorney Barry Fleming; ABSENT: Mayor Robert W. Culpepper and Councilman John Thigpen. VISITORS: N/A

Purpose: Grant-EIP

The meeting was called to order by Mayor Pro tem Dixon at 8:30 a.m.

The Invocation was given by Mayor Pro tem Dixon.

Grant-EIP: City Attorney Fleming addressed Council. Notification has been received from Lucky Lady Pecans, Gifts, and More, Inc. that they have received an offer from a company in Texas to purchase 100% of their outstanding stock. They are requesting that the City of Harlem sign a consent agreement to the sale due to the outstanding Loan Agreement they have with the City. City Manager Dove has been in contact with Patsy Allen of Allen-Smith Consulting, our grant writer, with this information. Ms. Allen has been in contact with the Department of Community Affairs. We received the EIP Grant through DCA. Ms. Allen reported that DCA is in agreement with signing the consent agreement so the sale can proceed. City Attorney Fleming recommends getting this in writing. The City has a lien on the equipment as well as a personal guarantee from Ruth Tracy-Blackburn and Ed Wicker. They will continue to be responsible for the note payments. We have a promissory note from Lucky Lady Pecans; it is not that good right now. City Attorney Fleming recommends getting a new promissory note from the new owners and personal guarantees (Texas principals). As part of the grant requirements, Ms. Tracy-Blackburn was to create 20 new employees; to date they’ve created 19. The new company will create 50 over the next two years.

Councilman Blalock does not feel that we should impede the sale. He does not feel that we would be at a loss. City Manager Dove had a conversation with Councilman Thigpen; he was not in favor of signing the consent agreement. Councilwoman Root had a conversation with Councilman Thigpen as well. She questioned as to whether we could ask for the money that is due up front. City Attorney Fleming stated that we could but that we probably would not get it. Councilman Blalock does not feel that they would be able to come up with the funds.

Mayor Pro tem Dixon asked if anyone had checked on the Texas Company. City Manager Dove reported that DCA had and that they are a stable company. City Manager
Special Called (Emergency) Meeting, City of Harlem, Georgia Page 2539
December 4, 2009
Continued from page 2538

Grant-EIP (cont’d): Dove asked what would happen in the event the deal did not go through and we sign the consent. Would the agreement we currently have with Lucky Lady become null and void? City Attorney Fleming stated that it does not change what we have with Lucky Lady currently. City Attorney Fleming made the recommendation to go forward with the consent agreement. Councilman Blalock feels we should sign the consent agreement with a footnote requesting a promissory note and personal guarantee from the Texas Company (not a demand).

Councilman Blalock made the motion for the approval of the consent agreement and for Mayor Pro tem Dixon to sign said agreement. In addition, to approve for the instruction of the City Manager to request a promissory note and personal guarantee, not as a demand or as a condition to the signing of the agreement. The motion was 2nd by Councilwoman Root. Motion carried; all in favor.

Being no further business before Council, Mayor Pro tem Dixon called for a motion to adjourn the meeting. That motion was made by Councilwoman Root; 2nd by Councilman Blalock. Motion carried; all in favor. The meeting adjourned at 9:00 a.m.

Respectfully submitted,

Debra E. Moore
City Clerk

Work Session Notes Page 1
December 14, 2009

Present: COUNCILMEMBERS: Mayor Robert W. Culpepper, Mayor Pro tem Rudolph Dixon, Councilman Tom Blalock, Councilwoman Robin M. Root, and Councilman John Thigpen; STAFF: City Manager Jean R. Dove, City Clerk Debra E. Moore, and City Attorney David Dekle; VISITORS: Linda Culpepper, Fred Fischer, Jesse Bowman, John McClellan, Seaborn Street, and Valerie Rowell.

The meeting was called to order by Mayor Culpepper at 6:30 p.m.

The Invocation was given by Mayor Pro tem Dixon.

The Pledge of Allegiance was led by Mayor Culpepper.

UNFINISHED BUSINESS:

Bid Award-Planer Mill Road Sewer Line/S. Louisville Street Water Line: City Engineer John McClellan addressed Council. They are making the recommendation to proceed with the project and to award the bid to the lowest bidder, Strack, Inc. Their bid was in the amount of $263,783.62. The project scope is for the installation of sewer service on Planer Mill Road for the senior living project and for the installation of a new water line on South Louisville Street from Keener Street to Old Blythe Road. This is for the improvement of pressure and also to provide services further outside the city limits and to start closing the loop at G. R. Tucker Road. If the bid is awarded tonight, they will get the contracts out for execution. We should be able to issue the “Notice to Proceed” on January 1, 2010 and have the pre-construction conference. The sewer portion of the project will be done first due to the GEFA grant that we have received; it should be completed by spring with the water line shortly afterwards.

Other: There was none at this time.

NEW BUSINESS:

2010 CDBG Grant: City Manager Dove reported that it was time again to look at applying for the CDBG Grant; you can apply every two years. She has been working with City Engineer McClellan to pinpoint area(s) that are in need of rehabbing. One area is the Stone Street, Evelyn Street and Christian Street that is in need of sewer rehab. We will look at water needs as well; City Engineer McClellan will get with Robert and Seaborn. Council will need to approve contracting with Allen-Smith Consulting to do the application.

Budget Resolutions:
• 2009 Budget Adjustments: City Manager Dove presented Council with a Resolution for the FYE 12-31-2009 budget adjustments. The adjustments consisted of items that needed to be added for grants, the senior feeding program,
Work Session Notes Page 2
December 14, 2009

NEW BUSINESS (cont’d):

Budget Resolutions:

• 2009 Budget Adjustments (cont’d): the Senior Center, the Community Center, transfers between funds, the balance of the fees due for the City Hall expansion, the items received through the military surplus program and an increase in sales and expenses for the Museum. The total increase for the three funds is as follows:

General Fund: $574,829.00
Water Fund: $166,444.00
Museum Fund: $ 5,700.00
Totals $746,973.00

The total adjusted budgets for FYE 12-31-09 is as follows:

General Fund: $2,266,684.00
Water Fund: $1,299,544.00
Museum Fund: $ 48,650.00
Totals $3,614,878.00

Council will need to approve this Resolution.
• Adopt 2010 Budget: City Manager Dove presented the proposed FYE 12-31-10 to Council. She also presented Council with the Resolution for the adoption of the budget. The budget for FYE 12-31-10 is as follows:

General Fund: $1,801,025.00
Water/Sewer Fund: $1,268,500.00
Museum Fund: $ 44,600.00
Totals $3,114,125.00

Resolution-Family Connections: City Manager Dove presented this Resolution to Council. It is for Family Connections to enter into a contract with the Georgia Department of Human Resources, Division of Family and children Services, Columbia County, for the provision of family support services for the period beginning October 1, 2009 to September 15, 2010. Council will need to approve.

Ordinance-Change Council Time: City Manager Dove presented the Ordinance to Council. The purpose of the Ordinance is to amend code section 30.02 Regular Meetings. This code section will be amended to read: The Mayor and Council shall hold the regular public meeting immediately following the work session that begins at 6:30 p.m. on the third Monday of each month at City Hall; provided, however, the Mayor and Council may, by unanimous vote at any time preceding the regular Council meeting,
Work Session Notes Page 3
December 14, 2009

NEW BUSINESS (cont’d):

Ordinance-Change Council Time: provide that the regular City council meeting of any given month be at another specified time, date and place.

Notice of any change in any given regular City Council meeting shall be posted in City Hall at least two (2) weeks in advance of the meeting time, and the notice shall be given in a newspaper in general circulation in the City.

This will be the first reading.

HPC Commission-Terms of Office:
• Phil Turner: Mr. Turner’s term expires on December 31, 2009; he has expressed an interest in serving again.
• Jack Hatcher: Mr. Hatcher’s term also expires on December 31, 2009; he does not want to be reappointed.
Council will need to approve Mr. Turner’s re-appointment and turn in names for Mr. Hatcher’s replacement.

January and February Council Meeting Dates: City Manager Dove reported that both January and February’s Council Meeting Dates fall on City holidays; Council might want to consider changing.

Other: There was none at this time.

Being no further business for discussion, the work session closed at 6:45 p.m.

Debra E. Moore
City Clerk

Regular Meeting, City of Harlem, Georgia Page 2540
December 14, 2009
Harlem City Hall

The City Council of the City of Harlem, Georgia met for the Regular meeting on Monday, December 14, 2009 at 7:00 p.m. at Harlem City Hall with Mayor Robert W. Culpepper presiding.

The meeting was called to order by Mayor Culpepper at 7:00 p.m.

Approval of the Minutes: Councilman Thigpen made the motion to approve the Minutes of the November 16, 2009 Regular Meeting and the November 30, 2009 Budget Hearing; 2nd by Mayor Pro tem Dixon. Motion carried; all in favor.

Public Comment: Linda Culpepper, 180 Ballard Drive, Harlem: Public Safety; Brian Culpepper, 435 W. Forrest Street, Harlem: Public Safety.

Mrs. Culpepper stated that she had no problems with the traffic flow in her area, but the speeding. She feels that we have four options: Additional stop signs (does not agree on), do something at the E. Boundary/E. Trippe area, install speed humps, or do nothing. We will not please everyone; we should do what is right for everyone.

Mr. Culpepper stated that he had concerns with the same item (speeding) in the W. Forrest area. The problem is during events and normally in the mornings; there is no officer in the area.

Phil Turner asked if he could address Council; he was granted permission. He feels that stop signs should be placed at the E. Trippe/E. Boundary creating a four way stop. He recommends that we do something to break the speed on E. Trippe to Harlem-Grovetown Road. He feels that the road in the school area should be closed during school times or activities.

Councilman Blalock responded that these items would be taken to the Public Safety Committee for further discussions.

Department Reports: The following departments gave reports for the month of November 2009:

Public Works Department Seaborn Street, Public Works Foreman
Public Safety Department Jesse Bowman, Public Safety Director
Regular Meeting, City of Harlem, Georgia Page 2541
December 14, 2009
Continued from page 2540

Department Reports (cont’d):
Community Connections Julie Miller, Director
Administrative Department Jean R. Dove, City Manager
Planning & Zoning Department Seaborn Street, Public Works Foreman
Museum Jean R. Dove, City Manager

UNFINISHED BUSINESS:

Bid Award-Planer Mill Road Sewer Line/S. Louisville Street Water Line: Funding for these lines are coming from a $100,000.00 grant from GEFA (sewer line) and $230,000.00 from the Capital Projects Fund (water line); previously approved by Council. The low bidder on the project was Strack, Inc. in the amount of $263,783.62; City Engineer John McClellan is recommending awarding the bid. There is a Resolution for Councils approval to award the bid. Councilman Thigpen made the motion to award the bid to Strack, Inc. in the amount of $263,783.62 and for the approval of Mayor Culpepper’s signature to said Resolution; 2nd by Councilman Blalock. Motion carried; all in favor.

Other: There was none at this time.

NEW BUSINESS:

Approve to Submit 2010 CDBG Grant Application: Councilman Blalock made the motion to approve contracting with Allen-Smith Consulting to apply for the 2010 Community Development Block Grant; 2nd by Councilwoman Root. Discussion: The cost is $7,000.00. Motion carried; all in favor.

Budget Resolutions:
• Approve-2009 Budget Adjustments: Councilman Thigpen made the motion for the approval of the 2009 Budget Adjustment Resolution as presented at Work Session; 2nd by Mayor Pro tem Dixon. Motion carried; all in favor.
• Approve-Adopt 2010 Budget: Councilwoman Root made the motion for the approval of the 2010 Budget Adoption Resolution as presented at Work Session; 2nd by Mayor Pro tem Dixon. Motion carried; all in favor.

Approve Resolution-Family Connections: Councilwoman Root made the motion to approve the Resolution for the approval of Family Connections to contract with the Department of Human Resources for the year beginning October 1, 2009 to September 15, 2009 to provide families in need of support services; 2nd by Councilman Blalock. Motion carried; all in favor.

Regular Meeting, City of Harlem, Georgia Page 2542
December 14, 2009
Continued from page 2541

NEW BUSINESS (cont’d):

Ordinance-1st Reading-Change Council Meeting Time: The purpose of the Ordinance is to amend code section 30.02 Regular Meetings. This code section will be amended to read: The Mayor and Council shall hold the regular public meeting immediately following the work session that begins at 6:30 p.m. on the third Monday of each month at City Hall; provided, however, the Mayor and Council may, by unanimous vote at any time preceding the regular Council meeting, provide that the regular City council meeting of any given month be at another specified time, date and place.

Mayor Pro tem Dixon called for a motion to approve this as the 1st Reading of the Ordinance to amend code section 30.02 Regular Meetings to change the time from 7:00 p.m. to “follow immediately after the Work Session scheduled at 6:30 p.m.”; 2nd Councilman Blalock. Motion carried; all in favor.

HPC Commission-Approve Appointment:
• Phil Turner: Councilman Thigpen made the motion to approve the re-appointment of Phil Turner to the Historic Preservation Commission; 2nd by Councilwoman Root. Discussion-Councilman Blalock expressed his deep thanks for the work done by the Commission. Motion carried; all in favor.

Council will need to work on filling the vacant position of Jack Hatcher.

January and February Council Meeting Dates: After some discussion, Councilwoman Root made the motion to change the January Regular Council meeting from January 18, 2010 to January 11, 2010 due to the 18th being a City holiday; 2nd by Mayor Pro tem Dixon. Discussion: The February meeting will stand as normally scheduled. Motion carried; all in favor.

Announcements:
December 15 Community Breakfast 7 am Harlem Middle
December 15 Community Connection Luncheon 12 noon Red Oak Manor
December 15 Pioneer Garden Club 4 pm Jack Hatcher’s
December 16 Senior Citizens Christmas Bingo 10 am Senior Center
December 17 Merchants Association 8 am City Hall
December 21 Museum Volunteer Meeting 11 am Harry O’s
December 21 Low Country Boil-Fire Dept 7 pm Station 1-New Street
December 22 Library Monthly Coffee 9 am Library
Regular Meeting, City of Harlem, Georgia Page 2543
December 14, 2009
Continued from page 2544

Announcements (cont’d):
December 23 Employee Christmas Luncheon 12 noon Senior Center
December 24/25 Christmas Holidays-Offices Closed
January 1 New Year’s Day Holiday-Offices Closed

Other: Mayor Pro tem Dixon commented on happening at the tree lighting. He commented on the rudeness of the crowd talking constantly. The music was not heard or statements that were made. He feels that Council should apologize to the schools for the rudeness of the crowd. He feels we need to work on crowd control.

Executive Session-Real Estate/Legal/Personnel: Mayor Pro tem Dixon made the motion to adjourn to Executive Session; 2nd by Councilman Blalock. Motion carried; all in favor. The Regular meeting adjourned at 7:45 p.m.; Executive Session convened at 7:55 p.m.

Councilwoman Root made the motion to adjourn Executive Session and return to the Regular meeting; 2nd by Councilman Thigpen. Motion carried; all in favor. Executive Session adjourned at 8:55 p.m. and the Regular meeting reconvened at that time.

City Attorney Dekle reported that there were two legal, three real estate and two personnel issues discussed and that no final action was taken. Councilman Thigpen made the motion to approve for the Mayor to sign the Affidavit affirming this report; 2nd by Mayor Pro tem Dixon. Motion carried; all in favor.

City Manager Dove gave a report to Council that at the closing on the Prather properties it was discovered that we would have to pay for the properties in full at that time and not half this year and the balance due next year.

Being no further business before Council, Mayor Pro tem Dixon made the motion to adjourn the meeting; 2nd by Councilman Thigpen. Motion carried; all in favor. The meeting adjourned at 8:56 p.m.

Respectfully submitted,

Debra E. Moore
City Clerk