City Council Meeting 10 N. Public Square October 7, :00 P. M. Work Session 7:00 P.M. I. Opening Meeting. Invocation by Council Member Pruitt

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1 City Council Meeting October 7, :00 P. M. Work Session 7:00 P.M. I. Opening Meeting Invocation by Council Member Pruitt Pledge of Allegiance led by Council Member McDaniel The City Council met in Regular Session with Matt Santini, presiding and the following present: Kari Hodge, Council Member Ward One; Jayce Stepp, Council Member Ward Two; Louis Tonsmeire, Sr., Council Member Ward Three; Lindsey McDaniel Council Member Ward Four; Dianne Tate, Council Member Ward Five; Lori Pruitt, Council Member Ward Six; Sam Grove, City Manager; Connie Keeling, ; and David Archer, City Attorney. II. Regular Agenda A. Council Meeting Minutes 1. September 16, 2010 A motion to approve the September 16, 2010 Council Meeting Minutes as recorded was made by Council Member Tate and seconded by Council Member Tonsmeire. Motion carried unanimously. Vote 6-0 B. Appointments 1. Historic Preservation Board Richard Osborne, City Planner stated that the terms of Lelia Johnson, Susan McLeod, and Leslie Bronson on the Historic Preservation Commission have expired. Both Lelia Johnson and Susan McLeod have agreed to continue serving and have been recommended by the Historic Preservation Commission. Mr. Osborne stated that Leslie Bronson is unable to continue on the Commission and recommended Greg Frisbee to fill this position. These new terms are for three (3) years and will expire on September 7, A motion to approve the appointment of Lelia Johnson, Susan McLeod and Greg Frisbee was made by Council Member Tonsmeire and seconded by Council Member Hodge. Motion carried unanimously. Vote 6-0 C. Resolutions 1. Recognition of National Community Planning Month

2 Richard Osborne, City Planner stated that each year the American Planning Association (APA), its members, chapters, division, and professional institute sponsor National Community Planning Month to raise the visibility of planners and planning in communities across the United States. Planning is comprehensive and community focused, and enables greater choices for residents, business owners, and others. Mr. Osborne stated that this resolution recognizes the importance of community planning in Cartersville and recommended approval. A motion to approve Resolutions No was made by Council Member Pruitt and seconded by Council Member McDaniel. Motion carried unanimously. Vote 6-0 Resolution No A RESOLUTION TO RECOGNIZE NATIONAL COMMUNITY PLANNING MONTH CITY OF CARTERSVILLE, GEORGIA WHEREAS, change is constant and affects all cities, towns, suburbs, counties, boroughs, townships, rural areas, and other places; and WHEREAS, community planning and plans can help manage this change in a way that provides better choices for how people work and live; and WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and WHEREAS, the full benefits of planning requires public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories, and WHEREAS, The American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions sound planning and plan implementation make to the quality of our settlements and environment; and WHEREAS, the celebration of National Community Planning Month gives us the opportunity to recognize the participation and dedication of the members of planning commissions and other planners who have contributed their time and expertise to the improvement of the City of Cartersville; and WHEREAS, we recognize the many valuable contributions made by professional community and regional planners of the City of Cartersville and extend our heartfelt thanks for the continued commitment to public service by these professionals;

3 NOW, THEREFORE, BE IT RESOLVED THAT, the month of October 2010 is hereby designated as Community Planning Month in the City of Cartersville in conjunction with the celebration of National Community Planning Month. This Resolution is adopted this 7 th day of October /s/ Connie Keeling Connie Keeling /s/ Matthew J. Santini Matthew J. Santini 2. Time Change for December 2, 2010 Council Meeting Sam Grove, City Manager stated that the City of Cartersville s annual Christmas Parade is on the first Thursday night in December and this is a resolution to change the meeting time for the December 2, 2010 City Council Meeting to 9:00 a.m. Mr. Grove recommended approval. A motion to approve Resolution No was made by Council Member Tonsmeire and seconded by Council Member Tate. Motion carried unanimously. Vote 6-0 Resolution No WHEREAS, The and City Council has determined that it is in the best interest of the City of Cartersville and it s inhabitants and their general health, safety and welfare to reschedule the below referenced meetings of the and City Council pursuant to the authority provided by the CODE OF ORDINANCES, CITY OF CARTERSVILLE, GEORGIA; and THEREFORE, NOW BE IT RESOLVED, by the and City Council of the City of Cartersville that the meetings listed below of the and City Council are hereby rescheduled pursuant to Section 2-17 of the City of Cartersville Code of Ordinances: December 2, 2010 at 7 PM rescheduled to December 2, 2010 at 9 AM NOW BE IT AND IT IS HEREBY RESOLVED. ADOPTED this 7 th day of October /s/ Matthew J. Santini

4 Matthew J. Santini /s/ Connie Keeling Connie Keeling 3. Property Acquisition: Carter Street and Old Mill Road David Archer, City Attorney stated that this resolution affirms the City accepting the donation of the vacant tract of land on 118 Carter Street and the closing of the new Fire Station #3 site on Old Mill Road. Mr. Archer stated that this also authorizes the release of the closed property acquisition minutes relating to these properties and recommended approval. A motion to approve Resolution No and the release of property acquisition minutes was made by Council Member Tonsmeire and seconded by Council Member Tate. Motion carried unanimously. Vote 6-0 Resolution No WHEREAS, the and City Council of the City of Cartersville have determined that the acquisition of two properties is in the best interest of the of Cartersville; WHEREAS, the properties are 118 Carter Street, and a tract on Old Mill Road formerly owned by Bartow County Bank, and; WHEREAS, both properties have been conveyed to the City of Cartersville, the property at 118 Carter Street as a donation and the property on Old Mill Road for $450,000.00; NOW THEREFORE BE IT AND IT IS HEREBY RESOLVED that the and City Council of the City of Cartersville, hereby accepts the acquisition of both properties, and authorizes the release of the (attached) closed property session minutes related thereto. BE IT AND IT IS HEREBY RESOLVED this 7 th day of October /s/ Matthew J. Santini Matthew J. Santini /s/ Connie Keeling

5 Connie Keeling Property Acquisition Meeting July 15, :00 P. M. The City Council met in Property Acquisition Session with Matt Santini, presiding and the following present: Kari Hodge, Council Member Ward One; Jayce Stepp, Council Member Ward Two; Louis Tonsmeire, Sr., Council Member Ward Three; Lindsey McDaniel Council Member Ward Four; Dianne Tate, Council Member Ward Five; Lori Pruitt, Council Member Ward Six; Sam Grove, City Manager; Dan Porta, Assistant City Manager; Connie Keeling, ; David Archer, City Attorney; and Scott Carter, Fire Chief. Sam Grove, City Manager and Dan Porta, Assistant City Manager presented the and Council with a plat for a 3.3 acre tract of land at the corner of Douthit Ferry Road and Walnut Grove Road for the new location of Fire Station No. 3. Mr. Porta stated that the property had appraised for $719, and the cost was less per acre than the other parcels the city had been looking at; plus with the larger lot there was room for expansion if needed in the future. Mr. Grove asked for direction from the council regarding negotiations on this particular tract; however council asked for additional data on Fire Station No. 3 and wanted some time to visit the site before moving forward. A motion to adjourn the meeting was made by Council Member Tate and seconded by Council Member Pruitt. Motion carried unanimously. Property Acquisition Meeting August 5, :00 P. M. The City Council met in Property Acquisition Session with Matthew J. Santini, presiding and the following present: Kari Hodge, Council Member Ward 1; Jayce Stepp, Council Member Ward Two; Louis Tonsmeire, Sr., Council Member Ward Three; Lindsey McDaniel Council Member Ward Four; Dianne Tate, Council Member Ward Five; Lori Pruitt, Council Member Ward Six; Sam Grove, City Manager; Dan Porta, Assistant City Manager; Renee Faunce, Assistant ; Gary Riggs, Gas Superintendent; Dwight Hale, Human Resources Director. City Manager, Sam Grove and Assistant City Manager, Dan Porta asked the Council for permission to enter into negotiations on two locations that are of interest for the new location of Fire Station No. 3. The location referred to as Village Hill South is located on Old Mill Road

6 and consists of acres. This property is bank owned with an asking price of $550,000 dollars. The second location owned by Georgia Heritage Bank is located on the corner of Walnut Grove Road and Douthit Ferry Road. This property consists of 3.3 acres with an asking price of $690,000 dollars. The City Council unanimously gave the City Manager and Assistant City Manager authority to negotiate. A motion to adjourn the meeting was made by Council Member Hodge and seconded by Council Member Pruitt. Motion carried unanimously. Property Acquisition Meeting August 19, :00 P. M. The City Council met in Property Acquisition Session with Matthew J. Santini, presiding and the following present: Kari Hodge, Council Member Ward 1; Jayce Stepp, Council Member Ward Two; Louis Tonsmeire, Sr., Council Member Ward Three; Lindsey McDaniel Council Member Ward Four; Dianne Tate, Council Member Ward Five; Lori Pruitt, Council Member Ward Six; Sam Grove, City Manager; Dan Porta, Assistant City Manager; Connie Keeling, ; and Scott Carter, Fire Chief. Dan Porta and David Archer explained that they had been in touch with Bartow County Bank about the property located on Old Mill Road near Henderson Drive for the new Fire Station #3. The bank was asking $550, for the 1.4 acres but has agreed to accept $450, Mr. Archer explained that he has included time for Geo-tech work in the agreement. The Geotech report will tell if the lot is feasible to build upon. A motion to approve the sales agreement and to give authority for the and City Clerk to sign the necessary documents was made by Council Member Tate and seconded by Council Member Tonsmeire. Motion carried unanimously. Vote 6-0 A motion to adjourn the meeting was made by Council Member Stepp and seconded by Council Member Tonsmeire. Motion carried unanimously. Property Acquisition Meeting September 2, :00 P. M. The City Council met in Property Acquisition Session with Matthew J. Santini,

7 presiding and the following present: Kari Hodge, Council Member Ward 1; Jayce Stepp, Council Member Ward Two; Louis Tonsmeire, Sr., Council Member Ward Three; Lindsey McDaniel Council Member Ward Four; Dianne Tate, Council Member Ward Five; Lori Pruitt, Council Member Ward Six; Sam Grove, City Manager; Dan Porta, Assistant City Manager; Keith Lovell, Assistant City Attorney; Connie Keeling, ; and Greg Anderson, Parks and Recreation Superintendent. Keith Lovell, Assistant City Attorney stated he had been approached by the property owners at 118 Carter Street. Presently the city has a lien against the property in the amount of $11, and the property owner wishes to donate the property to eliminate the debt. Mr. Lovell asked for permission to move forward with the transfer of this property. A motion to adjourn the meeting was made by Council Member Tonsmeire and seconded by Council Member Tate. Motion carried unanimously. D. Surplus Equipment 1. Police Department Vehicle Tommy Culpepper, Police Chief stated that the Police Department would like to declare surplus a 1999 Cadillac Escalade. This vehicle was seized by the DEA and is no longer economically feasible to retain for law enforcement use. Chief Culpepper explained that since this was a seized vehicle the proceeds from the sale of the vehicle should be placed into the DEA account. Chief Culpepper recommended approval. A motion to approve the surplus of the 1999 Cadillac Escalade was made by Council Member Pruitt and seconded by Council Member McDaniel. Motion carried unanimously. Vote 6-0 E. Bid Award 1. Commercial Refuse Containers Bobby Elliott, Public Works Director stated that three bid proposals were solicited for 18 commercial refuse containers for Solid Waste. Mr. Elliott stated that this is a budgeted item and recommended the low bid from Bakers Waste Equipment in the amount of $13, A motion to approve the low bid from Bakers Waste Equipment was made by Council Member Tate and seconded by Council Member Tonsmeire. Motion carried unanimously. Vote Sewer Line Easement Clearing Ed Mullinax, Assistant Water Superintendent stated that the Water Department has

8 solicited bids for clearing the sewer line easement for an existing sewer force main from Main Street to Center Road and received quotes from four different contractors. Mr. Mullinax stated that this would be paid from the maintenance to sewers budget and recommended the low bid from Everett Construction Co. Inc. in the amount of $7, A motion to approve the agreement with Everett Construction Co. Inc. was made by Council Member Tonsmeire and seconded by Council Member McDaniel. Motion carried unanimously. Vote 6-0 Santini stated that there were two items to be added to the agenda. A motion to add the items to the agenda was made by Council Member Pruitt and seconded by Council Member Tate. Motion carried unanimously. Vote 6-0 F. Added Items 1. Consent to Assignment and Assumption of Dedication Agreement David Archer, City Attorney stated that he had received a request for a Consent to Assignment and Assumption of Dedication Agreement which relates to Carter Grove Subdivision. Mr. Archer stated that Steve Simpson s widow has a potential contract to acquire the remaining lots and infrastructure at Carter Grove Subdivision. There is a Maintenance Agreement with regards to construction of streets, curbing, etc. between the City of Cartersville and Steve Simpson and this will allow the purchaser to assume the obligations to complete the streets and give a maintenance bond. Mr. Elliott has negotiated an increased amount for the maintenance bond because the outstanding maintenance bond is insufficient to cover the remaining costs of the necessary work to be done. Mr. Archer recommended approval. A motion to approve the agreement was made by Council Member Tonsmeire and seconded by Council Member Stepp. Motion carried unanimously. Vote Recommended Settlement of Oak Hill Cemetery David Archer, City Attorney stated that back in 2002 at the cemetery an ex-wife came to the City and portrayed herself to the City employees as the wife, not ex-wife and said she wanted to sell 10 lots of her plot. A deed was then issued for the 10 lots to this party. Recently the legal heirs came forward to question the ownership of the lots. Mr. Archer stated that he had negotiated a settlement with the legal heirs in the amount of $2, for the remaining lots and $ to repair one of the family gravestones. In exchange the City would receive a quitclaim deed for their interest, sign a settlement release agreement and affidavit releasing any and all claims against the City and convey the remaining lots to the City. Mr. Archer recommended approval. A motion to approve the settlement agreement, Resolution No was made by Council Member Tate and seconded by Council Member Pruitt. Motion carried unanimously. Vote 6-0

9 Resolution No WHEREAS, Linda Dabbs Stanely and Flora Dabbs Flur, being the sole heirs of Wilton Dabbs, desire to sell to the City their remaining five (5) gravesites at Cemetery Lot 44, Section 5 of Oak Hill and quitclaim any remaining interest in said Cemetery Lot to the City of Cartersville; WHEREAS, the and City Council desire to acquire said remaining portion of Cemetery Lot 44, Section 5 of Oak Hill. NOW THEREFORE BE IT AND IT IS HEREBY RESOLVED by the and City Council of the City of Cartersville, that the City Attorney s office is directed to draft documents whereby the heirs of Wilton Dabbs convey their interest in Lot 44, Section 5 of Oak Hill Cemetery, including a quitclaim deed, affidavit of descent, and settlement and release agreement. The purchase price is to be $2,000.00, plus $ to repair a damaged grave. Furthermore, the and are hereby authorized to execute any and all documents, including these listed herein necessary to close said transaction. BE IT AND IT IS HEREBY RESOLVED this the 7 th day of October /s/ Matthew J. Santini Matthew J. Santini /s/ Connie Keeling Connie Keeling A motion to adjourn the meeting was made by Council Member Pruitt and needing no second. Motion carried unanimously. Vote 6-0 /s/ Matthew J. Santini /s/ Connie Keeling