City Council Meeting City Hall - Council Chambers May 16, 2024 WORK SESSION  6:00P.M. -Work Session/7:00P.M. - Council Meeting  Mayor Pro-Tempura Calvin Cooley opened the Work Session at 6:01 P.M. Council Members Council Member Stepp made a motion to enter Closed Session for the purposes ofPotential Litigation. Council Member Fox seconded the motion. Motion carried unanimously. Vote: 5-0  discussed each item from the agenda with corresponding StaffMembers.  Mayor Pro-Tem-Cooley closèd Work Session at 6:36P.M.  OPENING MEETING  Mayor Pro-Tem Cooley called the Council Meeting to order at 7:00 P.M.  Invocation by Council Member Fox.  Pledge of Allegiance led by Ceuncil Member Cordell.  The City Council met in Regular Session with Calvin Cooley, Mayor Pro-Tem, presiding, and the following present: Kari,Hodge, Council Member Ward One; Jayce Stepp, Council Member Ward Two; Cary Roth, Council Member Ward Three; Gary Fox, Council Member Ward Five; Alyssa Cordell, Council Member Ward Six; Dan Porta, City Manager; Julia Drake; City Clerk;  and Keith Lovell, City Attorney. Absent: Matthew Santini, Mayor  REGULAR AGENDA  COUNCIL MEETING MINUTES  1. May 2, 2024, Council Meeting. Minutes and May 7, 2024, Special Called Council Minutes Council Member Stepp made a motion to approve thel May 2, 2024, and May 7,2024, Council. Meeting Minutes. Council'Member Fox seconded the motion. Motion carried unanimously. Vôte:  5-0  MONTHLY FINANCIAL REPORT 2. March 2024 Financiàl Report mumbers tol Marçh 2023.  Tom Rhinehart, Finance Director, reviewed the March2024 Financial Report and compared the    APPOINTMENTS 3. Alcohol Control Board  RandyMarnino, Planning and Development. Director, stated that Patti Rogers and) Dan Heilman are willing to continue to serve. Ifapproved, their new term expiration would be. June 5, 2028. Council Member Hodge made a motion to approve the Alcohol Control Board Appointments. Council Member Roth seconded the motion. Motion carried unanimously. Vote: 5-0  4. Board of Zoning Appeals  Mr. Mannino stated that JB Hudson and Lamar Pendley are willing to continue to serve. If approved, Mr. Hudson's: new term expiration would be. June 1,2028, and Mr. Pendley's term would Council Member Fox made a motion to approve the Board of Zoning Appeals Appointments. Council Member Roth seconded the motion. Motion carried unanimously. Vote: 5-0 PUBLICHEARING-Is! READING OF ZONING/ANNEXATION REQUESTS  expire June'1,2026.  5. AZ24-02: 78 & 801 Bates Rd  Applicant: Switch Ltd.  Mr. Mannino stated the applicant requests annexation of(4)parcels into the Citytol be combined with the current Technology district and data center campus. Proposed zoning is "T" (Technology). Staff does not oppose the annekation or Technology District (T) zoning if the following conditions are applied to zoning. Similar conditions were adopted with the original zoning per file Z23-02,  approved 11-2-23.: Zoning Conditions: Amendment, T23-04.  1.All minimum zoning C development standards for the "T"zoning district are followed perText 2. A minimum 100 ft. natural landscape buffer for the purposes of visual screening remains in place along all adjacent residential use or zoned properties. The I00 ft. buffer may include the 3.Ift the minimum 100 ft. natural landscape buffer is disturbed, then the buffer is to be planted 4. The public entrance shall be on Old Alabama Road. No public access from the Bates Road 5. Access- to landlocked properties is to be negotiated between Switch LTD and affected 6. Access to the NRCS flood control structures. be negotiated between Switch LTD and the 7.All site plans for future development phases after Phase 1 are to be shared with the Paulding  building setback.  with landscape material appropriate to reestablish the buffer and visual screen.  driveway,  property owners, as requested by-the property owner. NRCS or their representative, as required. County Community Development office.  2    8. The subject property's principal use shall be limited to data processing, storage, hosting and related services and accessory uses shall include principal uses listed as permitted uses in the Technology district ordinance which are associâted with data processing, storage, hosting, and  related services as well as security and customary accessory uses. Planning Commission recommended approval.  Mayor Pro-Tem Cooley opened the publc hearing for the zoning portion of the application. Keith Lovell, City Attorney, stated that all comments made for the zoning portion of the case Brandon Bowen, 15 S. Public Square, came forward to represent the application and to givea an With no one else to come forward to speak for or against the zoning portion of the application, Mayor Pro-Tem Cooley opened the public hearing for the annexation portion of the application This was a first reading and would be voted on at the next regular scheduled Couricil Meeting  would be referenced in the anrexation portion, as well.  overview.  the public hearing was closed.  and with no further comments, the public hearing was closed.  on June 6, 2024. RESOLUTIONS 6. - Airport Authority  Freddy Morgan, Assistant City Managèr, stated Hans Lutjens is willing to continueto serve as an member oft the Airport Authority with a new term expiring on June 19,202,ifreappointed. Council Member Cordell made a motion to approve the Airport Authority Appointment. Gouncil Member Stepp seconded the motion. Motion carried unanimously. Vote: 5-0  Reference Resolution #: 21-24 7. Creation of Festival Zone of festival zones for:  Lillie Read, Downtown Development Authority Director, stated this request was for the creation  June 3 - Art in Bartow Ribbon Cutting July 13 - Helping Hands for Bartow Kids  Çouncil Member Cordell made a motion to approve the Creation of Festival Zones. Council  Member Fox seconded the motion. Motion carried unanimously. Vote: 5-0  Reference Resblution #: 20-24  3    SURPLUSE EQUIPMENT 8. : Surplus Equipment  Mr. Morgan stated the following vehicles/equipment have been deemed as surplus. It was  recommended to approve this list of surplus items to be listed on GovDeals.  Department Pablic Works 9  Palice PE   1 % Water  Asset# VINSeria!# N/A * * : s s  Desrription Roads Striping Machine  Mileage NA W 173.310 116,368 NA  4825 IC6RR7XT6HS54205 2017 Dodge Ram 1500 Crew Cab5.7L 869 IFTRFIBLSINB72135 2001 FordF FI504WD EAPFTRHEWZACABI 2004F FordF150  Council Member Cordell made a motion to approve the Surplus Equipment. Çouncil Member  Fox seconded the motion. Motion carried unanimously. Vote:5-0  CONTRACTSAGREEMENTS  9. MOU with DCA for Annual Program Accreditation  Ms. Read stated that this is our annual MOU with DCA for accreditation as a GEMS program. Council Member Cordell made a motion to approve the MOU with DCA for Annual Program Accreditation. Council Member Roth seconded the motion. Motion carried unanimously. Vote: 5-  Staff recommended approval.  0  10. Watershed Protection Plan Monitoring  Sidney Forsyth, Water Department Director, stated that the City's NPDES discharge permit requires the development of a Watershed Protection Plan. In accordance with this approved plan, the City must perform long-term water quality monitoring, and fish and macroinvertebrate habitat Rindt Engirieering has historically: performed this service for the City and has submitted a Task Order proposal for this year at a cost of$59;500.00, which is the same cost as last-year. Approval Council Member Cordell made a motion to approve the Watershed Protection Plan Monitoring. Council Member Fox seconded the motion. Motion carried unanimously. Vote: 5-0  assessments, with annual reports submitted to the Georgia EPD accordingly.  was recommended for this budgeted item.  EASEMENTS  11. 1085. Burnt Hickory Road Easement  Mr. Forsyth stated as part of the Westside Water Feeder Main project, an easement will be required for this property. This will include 1:31 acres of permanent easement and 1.89 acres of temporary construction easement. The owner has agreed to the City's offer ofs $12,396.00 for both  easements. Approval was recommended. This is a budgeted expense.  4    Council Member Cordell made a motion to approve the 1085 Burnt Hickory Road Easement. Council Member Fox seconded the motion. Motion carried unanimously. Vote: 5-0  BID AWARDPURCHASES 12. Waterford Sewer Relocation  Mr. Forsyth stated the 36" sewer interceptor in the Waterford subdivision has presented several maintenance problems, and its 36" and 8" aerial creek crossings are significant environmental The project includes relocating approximately 787 linear feet of sewer mains and manholes, as The Water Department opened bids for the project on April 11, 2024, from three responsive bidders. Our consulting engineer, Rindt Engineering and Environmental has recommended awarding the contract to the low bidder, HD Excavations and Utilities, ofDallas, GA fora a contract price of$729,320:60. This is the same firm curreritly under contract with the City for the Grassdale It was recommended to award this project to HD Excavations and Utilities for $729,320.60. Council Member Cordell made a motion to approve the Waterford Sewer Relocation. Council  liabilities for the City.  well as eliminating the aerial creek crossings and creek bank restoration.  Road Water line relocation project, whiçh is going well currently.  This is a budgeted expense.  Member Fox seconded the motion. Motion carried unanimously. Vote: 5-0 13. Mimosa-Chestmut Water Main Replacement Bid Award  Mr. Forsyth stated the small-diameter, galvanized iron water mains around Mimosa Drive and Chestnut Street are at the ehd of useful life and in need of replacement. This project will replace approximately 3,565 linear feet tof2" galvanized pipe with 6" and 8" ductile iron pipe and add four The Water Department opened sealed bids on May 2, 2024, for this work. The consulting engineer, Goodwyn, Mills and Cawood, LLC (GMC) has recommended the lowest bidder, Utility It was recommended to award this contract to Utility and Water Services (UWS), Inc. This isa Council Member Cordell made a motion to approve the Mimosa-Chestmut: Water Main Replacement Bid Award. Council Member Fox seconded the motion. Motion carried unanimously.  fire hydrants.  and Water Services (UWS), Inc. at a cost of $938,383.00.  budgeted expense.  Vote: 5-0  14. Mail Center (Billing)  Mr. Morgan stated the existing mail center billing machine is at the end of its usable life and is no longer supported. A quote was received from the vendor (Pitney Bowes) in the amount of $21,192.58 for the replacement including the equipmént service agreement. This is a non-budgeted  item, but it will bé covered through other departmental funds.  5    Council Member Hodge made a motion to approve the Mail Center (Billing). Council Member  Fox seconded the motion. Motion carried unanimously. Vote:5-0  15. Inserting System,(Billing)  Mr. Morgan stated the existing insertion machine is at the end ofi its usable life and is no longer supported. A quote was receiveld from the vendor (Pitney Bowes) in the amount of$18,867.40 for the replacement including the equipment service agreement. This is ai non-budgeted item, but it will Council Membèr Cordell made a motion to approve the Inserting System (Billing). Council  be covered through other departmental funds.  Member Fox seconded the motion. Motion carried unanimously. Vote: 5-0  16. Fortinet Fiber Switches  Steven Grier, FiberCom Director, stated that this itém is the purchase of two new Fortinet fiber optic network switches. These switches will be used toj physically: separate the internal citynetwork from the Fiber Com customer network for enhanced security and more efficient network design. This is not a budgeted item but will be funded with the 2020SPLOST and was recommended for Council Member Cordell made a motion to approve the Fortinet Fiber Switches. Counçil  approval.  Member Roth seçonded the motion. Motion carried unanimously. Vote:5-0  17.Compact Excavator Purchase  Wade Wilson, Public Works Director, state the Stormwater Division ofPublic Works needs'a compact excavator to be utilized along with some of our aging excavating equipment. A larger compact excavator is needed to pick up larger concrete pipes and concrete blocks, yet still can work within smaller, confined areas. After testing thè Bobcat E88 R2 Series excavator, we feel that it is the best equipment to mèet-our needs. Public Works reached out to Rhinehart Equipment to get their Sourcewell Price of $114,304.12. This excavator is available and can be delivered upon This is not a budgeted item; however, stormwater funds are available in our capital projects budget. Public Works recommended approval to purchase this compact excavator from Rhinehart Council Member CordelFmade a motion to approve the Compact Excavator Purchase. Council  approval ofpurchase.  Equipment.  Mémber Roth seçonded the motion. Motion carried unanimously. Vote: 5-0  18. Garbage Cart Purchase  Mr. Wilson stated that the Solid Waste Division of Public Works received quotes from garbage cart suppliers for two hundred recycling (blue) carts and 624-brown garbage carts. The best price oft the preferred product is from Toter, LLC for a total price (including shipping) of$44,280.00. This is a budgeted item and Public Works recommended approval to purchase these garbage  carts for Toter, LLC.  6    Council Member Cordell made a motion to approve the Garbage Cart Purchase. Council  Member Roth seconded the motion. Motion carried unanimously. Vote: 5-0  19. Commeréial Dumpster Purchase  Mr. Wilson stâted the Solid Waste Division ofPublic Works received three quotes from various solid waste venders for8-yard commercial dumpsters. The lowest price for equivalent quantities was from Lewis Steel Works, Inc. from Wren, Georgia. The amount (including shipping) is $27,175.00. This is a budgeted item and Public Works recommended approval to purchase these Council Member Cordell made a motion to approve the Commercial Dumpster Purchase. Council Member Roth seconded the motion. Motion carried unanimously. Vote: 5-0  dumpsters from Lewis Steel Works, Inc.  20. Automated Side Loader Repair  Mr. Wilson stated that the backup Automated Side Loader Garbage Truck has encountered issues and needs a new transmission, The city garage recommended the repairs to continue the use of this vehicle. Though this yehicle is a backup, it is frequently used by our Solid Waste Division, Next Tran from Kennesaw will perform the repair for a total cost of $22,201.56, and the City Garage service fee will be! $1,354.14. Public Works is requesting the authority to approve this repair totaling $23,555.70. This is a budgeted expense that will be paid from the Solid Waste Maintenance Council Member Cordell made a motion to approve the Automated Side Loader Repair. Council  ofVehicle and Equipment budget.  Member Stepp seconded the motion. Motion carried unanimously. Vote: 5-0  21. Terrell Heights Phase II Stormwater Improvement  Mr. Wilson stated that due to the high bids that Public Works received last year, Phase Iofthe Terrell Heights Stormwater Improvément project was performed by our Public Works crews. However, due to the complexity of Phase II, we decided that this part oft the project would be rebid. This phase included stormwater installation, various utility repairs, upgrades and re-alignments, and the installation ofa detention pond (Alternative 2). Barge Design, the design engineer, assisted the city with bidding and review. "On April 26, 2024, we received bids from four contractors to perform the work. The overall low bidder for the base project and both alternative bids was HD Our design engineer has reviewed all bid documents and recommends issuing a Notice of Award and entering into a contract with the low bidder, HD Excavations and Utilitiès. Public Works' will utilize America Rescue Plan Act (ARPA) Funds for this project. To qualify for these funds, we feel that this project would help the stormwater division "manage, reduce and recapture stormwater" resulting in reduced flooding at this location. Therefore, this project would An estimated $309,360.00 will use water/sewer funds, while the remaining $1,202,190.00 will be funded by ARPA funds. The $309,360.00 water/sewer portion is not budgeted but will be paid from sewer revenue. Public Works recommended accepting the bid from HD Excavations and  Excavations and Utilities from Villa Rica, Georgia for$1,511,550.00.  meet the requiremients for elgibility for ARPA funds.  7    Utilities and allowing the mayor to sign the Notice of Award and the associated contract provided Council Member Cordell made a motion to approve the Terrell Heights Phase II Stormwater Improvement. Council Member Fox seconded the motion. Motion carried unanimously. Vote: 5-0  by our design engineer.  ENGINEERING: SERVICES  22. Terrell Heights PhaseIand II-] Engineering Services  Mr. Wilson stated in August of 2021, Public Works received approval from the Mayor and Council to contract with Barge Designs to perform engineering design of the storm system for the Terrell Heights Subdivision. Barge Design has completed the design, and Phase II oft the project is Barge Design has provided additional bid phase services and is proposing to provide construction phase services for portions of Phase I and all of Phase II. The proposed construction- services will include items such as coordination, meetings, status reports, pay applications, site The proposed amendment will result in compensation of $48,500.00. This amendment will be paid out of the American Rescue Plan Act (ARPA) Funds. This is not a budgeted item, but it has been determined that these services would qualify for ARPA funding, as the City feels that this project would help our stormwater division "manage, reduce and recapture stormwater" drainage that would result in reduced flooding at this location. Therefore, this project would meet the  slated to begin as soon as the contract with the contractor is signed.  visits/nspections, and technical reviews.  requirements for eligibility for ARPA funds.  Public Works recommended approval of this amendment.  Council Member Stepp made a motion to approve the Terrell Heights Phase I and II - Engineering Services. Council Member Hodge seconded the motion. Motion carried unanimously.  Vote:5-0 OTHER  23. Letter of Intent for Multijurisdictional Hazard Mitigation Plan  Scott Carter, Fire Chief, requested approval for the mayor to sign al letter ofintent for the support ofa grant Bartow County has appled for. This grant will fund the cost of updating the county's Mult-Jurisdictional Hazard Mitigation Plan. The support ofthis grant allows the City to be eligible for future Federal money for mitigation-related projects. There is a local match requirement that can be met in part by the participation of our staff in the plan update process. This letter also states the adoption ofthe final plan will be required for the City to remain eligible formitigation funding. Council Member Stepp made a motion to approve the Letter of Intent for Mult-Jurisdictional Hazard Mitigation Plan. Council Member Roth seconded the motion. Motion carried unanimously.  Vote: 5-0  8    BID AWARDIPURCHASES  24. Self-Contained Breathing Apparatus  Chief Carter stated our firefighters wear self-contained breathing apparatus (SCBA) to protect their respiratory system during operations that have toxic environments. Annually, all SCBAS must be calibrated, and flow test certified per NFPA Standards. During this time repairs and preventive maintenance are also performed. These repairs and certifications are conducted by Municipal Equipment Services. This is al budgeted project.. Approval was reommemdedots1142621 tol MES Council Member Hodge made a motion to approve the Self-Contained Breathing Apparatus. Council Member Cordell seconded the motion. Motion carried unanimously. Vote: 5-0 Council Member Stepp made a motion to add three (3) items to the agenda. Council Member  as our single source provider for this service and repair.  Fox seconded the motion. Motion carried unanimously. Vote: 5-0  ADDED ITEM 25.. Ante Litem Notice Notice involving Ruth Kyle.  Keith Lovell, City Attorney, stated it was recommended to deny the revised Ante Litem Council Member Hodge made a motion to deny the'ante litem notice. Council Member Fox  seconded the motion. Motion carried unanimously. Vote: 5-0  Reference Resolution #; 19-24 26. Demolition Contract for 19N. Erwin St.  Dan Porta, City Hall stated he recommended approval oft the demolition contract with A &N M Council Member Stepp made a motion to approve the Demolition Contractor for 19N. Erwin St. Council Member Cordell seconded the motion. Motion carried unanimously. Vote: 5-0  Contracting to demolish 19N. Erwin St. for $9,500.00.  27.AWOS/DBE Plan Update Reimbursement Contract  Mr. Morgan stated this is a request for the Council to authorize the mayor to sign the reimbursement contract with GDOT. The reimbursement is for the cost to replace the. Automated Weather Observing System (AWOS) and the FY24-26 DBE plan update at Cartersville Airport. The reimbursement amount is S14324141.1Fapproved, GDOT will send the contract via Council Member Roth made a motion to approve the AWOS/DBE Plan Update Reimbursement Contract. Council Member Fox seconded the motion. Motion carried  DocuSign to the Mayor, City Clerk, and a notary in the CMO.  unanimously. Vote: 5-0  9    OTHER  Mayor Pro Tem Cooley asked if any other business needed to come before the city. Robert Rebello, 1Aquafil Dr., Vice President of Operations for Aquafil, came forward to Mr. Porta stated that he is aware of the issue and was working on a resolution to the problem. However, it would take five to six months to resolve this matter and that he would be in touch  discuss the consistent increase of fees for power.  with Mr. Rebello. ADJOURNMENT  With no other business to discuss, Council Member Stepp made a motion to adjourn.  Meeting Adjourned at 7:44 P.M.  Matthew J. Santinj Mayor  ATTEST: /s/ Julia Drake City Clerk  10