Minutes
COUNCIL BRIEFING
Meeting
November 8, 2005
Members Present: Mayor Pro Tem John J. Rodgers and Councilors R. Gary Allen,
Wayne Anthony, Glenn Davis, Julius Hunter, Jr., Charles E. McDaniel, Jr.,
Evelyn Turner Pugh (arrived 8:37 a.m.) and Evelyn Woodson. Also present were
Mayor Robert S. Poydasheff, City Manager Isaiah Hugley, City Attorney Clifton
Fay, Assistant City Attorney Jamie DeLoach, Deputy City Manager Lisa Goodwin,
Finance Director Angela Cole, Public Services Assistant Director Rachel Buice,
Clerk of Council Tiny B. Washington and Deputy Clerk of Council Sandra Davis.
Members Absent: Councilors Berry Henderson and Nathan Suber were absent.
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This meeting was called to order at 8:36 a.m., in the Council Chambers
Conference Room, Plaza Level of the Government Center.
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Legislative Agenda:
City Manager Hugley called attention to the listed items from the departments
for the legislative agenda. He recommended that the Council review this list
and advise if there are any to be added and/or deleted.
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Georgia Power Franchise Agreement:
City Manager Hugley reminded the Council about the current franchise agreement
with Georgia Power that is due to expire in 2011. He advised that GMA
comprised a committee and reviewed the proposal for the new Georgia Power
agreement. He explained this agreement would be offered to different
municipalities across Georgia that was reviewed by the committee appointed by
GMA and the franchise fee that was adopted by the governing body of the Georgia
Municipal Association.
He shared that this is a thirty-five year agreement that would go through the
year 2040. This agreement was challenged by one of cities, but the courts
upheld the thirty-five year agreement saying the term is reasonable. He
recalled that the City received $6.6 million, which is based on 4% of gross
revenue from residential and commercial customers of Georgia Power in FY-05.
He explained that under the new agreement the percentage remains at 4%. He
said the one item that this agreement includes that the current agreement does
not is Ft. Benning, which should bring an additional revenue of $120,000 to the
City.
Mayor Poydasheff pointed out that this amount does not include the Infantry
Museum that would be a customer of Georgia Power and some of the other
facilities that are coming on line.
City Manager Hugley continued that under this new agreement Georgia Power would
be responsible for moving the distribution center; whereas, in the current
agreement, the City was responsible.
Councilor McDaniel expressed concerns with how the trees are cut by Georgia
Power around the power lines.
Councilor Turner Pugh expressed the concerns of GMA regarding the thirty-five
year agreement; however, we don?t have a choice but to accept this term.
Councilor Woodson reminded everyone of the thirty-year contract with the
Medical Center, which is the reason for her concerns. City Manager Hugley
advised that Assistant City Attorney DeLoach has advised that without the
thirty-five year term, the citizens would have to pay an additional 4% tax
added to their bill.
City Manager Hugley then highlighted other franchise agreements and are listed
as follows:
Atmos Energy ? 15 years expires 2020 ? 4% of gross sales for five years and 5%
for the next ten years
Mediacom ? 15 years expires 2007 - 5% of gross sales
Charter ? 15 years expires 2007 ? 5% of gross sales
Knology ? expires 2009 ? 5% of gross sales
AT&T ? indefinite- per linear foot
Bell South ? indefinite - 3% of recurred revenue
Expedia ? expires 2010 ? 5% of gross receipts
Public Service Telephone ? 15 years ? 5% of gross receipts
He called attention to the Memorandum of Understanding (MOU) that is included
with this agreement, which addresses how we would deal with trees and
authorizes the City Manager to sign the agreement. He explained that the MOU
addresses the pruning standards, removal and planting of trees.
Responding to Councilor Allen regarding the removal of tree criteria and
replacement, Assistant Public Services Director Buice briefly explained that it
is the same process, if the tree is damaged or would be unsightly; then, they
would talk to the adjacent property owner and that?s when we get the adjacent
property owner to agree that we are going to remove the tree. However,
Assistant Public Services Director Buice pointed out that if the tree is a
hazard; then, they would contact the City Arborist and work with the citizen so
that they would understand that it need to come down. She pointed out that if
the tree is removed, the citizen could request that a tree be replanted and
there is a form to fill out to accomplish that. She said that we would replant
with a tree that is suitable under the power line and Georgia Power gives the
City the money for that.
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There being no further business to discuss and with the dialogue being
concluded, this meeting adjourned at 8:59 p.m.
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Sandra T. Davis,
Deputy Clerk of Council
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