CITY OF CLEVELAND CITY COUNCIL MEETING MARCH4, 2019 MINUTES  CITY COUNCIL! MEETING  The City Council meeting ofthe Mayor and Council oft the City ofCleveland was called to order by Mayor Pro Tem Bradley Greene at 6:32 p.m. Mayor Shan Ash was absent. COUNCIL MEMBERS PRESENT: Nan Bowen, Annie Sutton, and Kevin Stanley. On motion by Kevin Stanley, seconded by Annie Sutton, in favor - Nan Bowen, and carried unanimously, the Mayor Pro Tem and Council approved the agenda for the march 4, 2019 City Council AMENDMENTTO CHAPTER FOUR ALCOHOL ORDINANCE 2019-03- - BRUNCH BILL Mr. Tom O'Bryant explained the process of amending the alcohol ordinance toi include extended hours a. In 2018 the State Legislature passed the Brunch Bill, which allows for a local government to hold a referendum on the extension (or moving up) oft the hours of Sunday sales of malt beverages, wine and distilled spirits for consumption on the premises. b. Representatives: from the Downtown Cleveland Merchants Alliance presented and discussed the issue at the January 14, 2019 City Council Meeting. Several cities held special elections in 2018 for citizens to vote on the issue. The referendum d. Ifthis is an item the Council would like to pursue, then City Council will need to hold three hearings and pass ai resolution with the question on the referendum and forward a certified copy to the Election Superintendent for placing the November 5, 2019 municipal election  APPROVALOF AGENDA  Meeting.  for Sunday consumption sales, referenced as the Brunch Bill.  passed in the City of Helen in 2018.  ballot.  On motion by Kevin Stanley, seconded by Annie Sutton, in favor - Nan Bowen, and carried unanimously, the Mayor Pro Tem and Council voted to approve the first consideration oft the amendment to Chapter Four. Alcohol Ordinance 2019-03 - Brunch Bill to allow the question to extend RESOLUTION 2019-04 OPPOSING HOUSE BILL302 AND SENATE BILL 172 PREEMPTION  hours for Sunday consumption be brought to the voters through referendum.  OF LOCAL BUILDING DESIGN STANDARDS  a. Mr. O'Bryant explained HB 302 and SB 172 and the implications of both bills.  According to GMA and ACCG the Georgia Realtor Association and the Georgia Home Builders Association have lobbied members oft the State Legislature toj proposed HB 302 and SB 172, which would preempt or prohibit local governments from regulating building design elements for b. The elements of design that would be impacted are: (A)E Exterior building color; (B) Type or style of exterior cladding material; (C) Style or materials ofr roof: structures or porches; (D) Exterior nonstructural architectural ornamentation; (E)Location or architectural styling of windows and doors, including garage doors; (F) The number and types of rooms; (G) The interior layout ofrooms; and (H) Types of foundation structures approved under state minimum  residential dwellings.  standard codes.    City Council Meeting March 4, 2019: Minutes Page Two  RESOLUTION 2019-04 OPPOSING HOUSE BILL302 AND SENATE BILL172 PREEMPTION C. These two bills violate the provision ofhome rule within the State of Georgia and conflict d. The Georgia Municipal Association is working with several cities across the state on opposition ofthe bill. They have recommended that city's adopt ai resolution opposing the two bill and e. This is not just a city issue, but also a county issue. ACCG is encouraging all counties to oppose This issue has already been challenged in the Supreme Court, including Georgia's Supreme Court and has failed. It has been question why the state legislators would try this again, but if This type of legislation preempts local governments to develop standards within their "home- Annie Sutton stated cities and counties need tol keep control of design standards. There has been a huge improvement in the look of new development in the city because oft the city's design standards. The city's design standards and landscaping requirements have made a difference in the look of Cleveland. On motion by Nan Bowen, seconded by Annie Sutton, in favor - Kevin Stanley, and carried unanimously, the Mayor Pro Tem and Council voted to approve Resolution 2019-04 Opposing House Bill 302 and Senate Bill 172 Preemption ofLocal Building Design Standards. The Resolution will be forwarded to the city'srepresentatives: and senator. The Council was encouraged to contact NPDES PERMIT CLEVELAND WATER POLLUTION CONTROL PLANT-) PUBLIC Mr. O'Bryant explained the renewal process for the NPDES Permit issued for the wastewater treatment a. With the expiration oft the current permit for the wastewater treatment plant, staff] has been anticipating the receipt ofai renewal permit with new: standards of operation. The draft permit b. The reissuance oft the permit will allow the plant to continue its discharge of up to 0.75 MGD of  OF LOCAL BUILDING DESIGN STANDARDS continued  judicial decisions determining the validity ofl local design standards.  providing it to our state elected officials.  this bill.  passed would definitely provoke another court hearing. rule" powers and is an over-reach of state government.  representatives and senators to oppose these bills.  HEARING plant  was officially received February 27, 2019. treated domestic wastewater into Tesnatee Creek. The new permit will require the following: equipped with a continuous recorder. TMDL for dischargers to Lake Lanier.  . Increased flow monitoring frequency from 5 day/week to 7 days/week since the facility is ii. Reduced total phosphorus effluent limitation down to 0.5 mg/L in accordance with the 2017 ii. Added a total phosphorus compliance schedule to meet the reduced limitation. (Initial design in 61 months; operational compliance in 361 months.) iv. Added new monitoring requirements for ai number ofr nutrients. V. Removed monitoring for total mercury based on reasonable potential analysis    City Council Meeting March 4, 2019 Minutes Page Three  NPDES PERMIT CLEVELAND WATER POLLUTION CONTROL PLANT - PUBLIC  HEARING continued  vi. And, Corrected instream wastewater concentration for Chronic Whole Effluent Toxicity d. The City must post public notice of the draft permit for reissuance for a minimum of30 days. City Clerk, Connie Tracas, has sent the notice to the White County News for publication, posted on the city's website and has posted notice at City Hall. The draft e. At the end oft the 30-day public comment period, EPD will make a final determination The newj phosphorus standard will require an upgrade to the wastewater plant. The design and construction oft this project is considered a capital improvements project, &. 2020 SPLOST funds will helpi pay aj portion oft this upgrade, but the city will most likely need to seek long term financing to cover the remaining costs of the project.  testing requirements to 12%.  permit is available for public review and comment. on the reissuance of the NPDES permit. which includes significant costs.  Mr. O'Bryant reiterated the timeline of events now that the draft permit has been issued. The city has six-months from February 27, 2019 to have design plans in place and the facility will need to be operational in thirty-six months. Mr. O'Bryant commended the staff at the wastewater plant for their hard work and diligence in keeping the plant compliant. Fire ChiefRicky Pruitt added he works fora chemical company and the company had to develop a new line of chemicals to eliminate phosphorus. Mayor Pro Tem Bradley Greene asked ift there were any public comments on the NPDES Permit for the  Cleveland Water Pollution Control Plant. There wasi no public comment.  CHIEF RICKY PRUITT-I FIRE DEPARTMENT  Chief Ricky Pruitt, Fire Department, submitted the department's: statistics for February 2019. The department responded to 81 calls -41- -i inside the city and 38 -i ini the county (with 13 calls being outside of the automatic aid area). The county assisted with 2 calls within the city. pick-up truck. The use oft the truck saves on the wear and tear of the fire trucks.  The department is utilizing U-11 more for medical calls and non-emergency calls. U-11 is the equipped  CHIEF. JOHN FOSTER - POLICE DEPARTMENT  ChiefJohn Foster, Police Department, submitted the department's statistics for January, February, and The department recorded an increase in incident reports, arrests, and traffic stops from January to  part ofMarch 2019.  February. Domestic violence went down in February. GRANT KEENE- - CITY ATTORNEY Grant Keene, City Attorney, had no new business to: report.    City Council Meeting March 4, 2019 Minutes Page Three Water. Audit  TOMO'BRYANT- CITY ADMINISTRATOR  a. On February 18, 2019, Georgia Rural Water Association conducted the mandated water b. The auditor examines the policies and procedures in place to reduce water loss and to The city's score is determined by city actions such as, line upgrades and repairs, meter change-outs, meter testing, leak detecting, and in-house auditing ofutility accounts. d. The city scored 62 out of100. This is a very good score for our system. Not many e. Staff will continue to plan for line upgrades and annual testing ofthe larger meters. Staffi is working with staff at Turner Creek Treatment Plant to coordinate testing of The required testing ofmeters will be reflected in the upcoming budget. The auditor has noted the city needs to install a system output meter from the three wells. The three wells (Faulkner and Cemetery Streets) are metered separately, but eventually merged into the system through one line. The output meter will enable staff tor monitor the flow from all meters is actually entering the: system. h. The system distributed 241,767,000 gallons of water in 2018.  audit for Cleveland Waterworks. accurately bill for water use.  systems our size receive this high ofas score.  meters shared by both utilities.  Reporting shows a water loss of 64,656,000 gallons - this is an acceptable loss to the State, but is not  acceptable to the city'ss staff. Wecontinue to look for ways to reduce this loss.  Oak Springs/Talon Project Update  a. Bids for the exterior improvements of Oak Springs School are being finalized and b. Interior design is being finalized and ready for engineering (MEP). Once this is  should be presented at the March 11, 2019 council meeting. completed RCCI will take this phase out to bid.  Parking and site work on the site is still being developed and evaluated. The roofing has d. RCCI is currently working on pricing for abatement oft the Talon Building. RCCI staffhas spent the past month meeting with city departments on space needs and department functionality for the Talon Building. This will help determine the location of each department within the building and how city services are accessed by the public.  been ordered.  NEW BUSINESS  1. On motion by Nan Bowen, seconded by Annie Sutton, in favor - Kevin Stanley, and carried unanimously, the Mayor Pro Tem and Council approved the minutes ofFebruary 4 and February 2. Public Comments - Ward Gann, ownerc ofClyde's Tavern, thanked the Mayor Pro Tem and Annie Sutton thanked ChiefFoster for the weather updates and there was an expressed concern for those areas hit by tornadoes. ChiefFoster plans to contact local officials to seei ifhis department can offer assistance or possibly offer his assistance personally. ChiefRicky Pruitt informed GEMA is assessing the area and will send out notice ofneeds in the area.  11,2019 as drafted.  Council for their consideration oft the Brunch Bill.    City Council Meeting March 4, 20191 Minutes Page Five OLD BUSINESS  There was no old business to discuss. EXECUTIVE SESSION estate and personnel at 7:05 p.m. RETURNTO COUNCIL MEETING No further business was discussed. ADJOURNMENT 2019 at 8:01 p.m.  Onr motion by Annie Sutton, seconded by Kevin Stanley, in favor- - Nan Bowen, and carried unanimously, the Mayor Pro Tem and Council voted to enter into an executive session to discuss real  On motion by Kevin Stanley, seconded by Annie Sutton, in favor Nan Bowen - and carried unanimously, the Mayor Pro Tem and Council voted to return to the City Council Meeting at 8:00 p.m.  Oni motion by Kevin Stanley, seconded by Nan Bowen, in favor - Annie Sutton, and carried unanimously, the Mayor Pro Tem and Council voted to adjourn the City Council Meeting of March 4,  (ABSENT)  Shan Ash,  Mayor  Kevin Stanley,  ouncil Member  444  Maubule Nan Bowen,  Council Member  Bradley Greene,  Mayor Pro Tem  DDa  ATTEST: Connie Tracas,  Douiliacss  Annie Sutton,  Council Member  City Clerk  Cde