Demorest The Heart ofHabersham City of Demorest City Council Regular Session Regular Session Minutes Demorest Municipal. Building Tuesday, April 4, 2023,7:00P.M.  ATTENDEES  Shawn Allen, Councilman John Hendrix, Councilman Jerry Harkness, Mayor Andrew Ferguson, Councilman  Donnie Bennett, Councilman Mark Musselwhite, City Manager Thomas Mitchell, City Attorney Megan Chastain, City Clerk  The April 4, 2023, Demorest Regular Session was held in the Demorest Municipal Building located at 125  Ivy Street.  AGENDAI ITEM1: INVOCATION Mayor Harkness opened the meeting by leading inj prayer. AGENDA ITEM2: CALLTOORDER Mayor Harkness called the meeting to order at 7:05 p.m. AGENDA ITEM: 3: APPROVAL OF AGENDA  Mayor Harkness asked if there were changes or additions to be made to the agenda. A motion was made by Councilman Allen to approve the agenda as presented and was seconded by Councilman ACTION: The motion to approve the agenda as presented was unanimously approved (4-0).  Hendrix.  AGENDA ITEM 4: APPEARANCE AND PUBLIC COMMENT  There were none.  AGENDA ITEM 5: CONSIDERATION OF APPROVAL OF MINUTES: February: 15, February 21 & March7 Minutes were presented for approval from February: 15, February 21 & March 7. Mayor Harkness asked ifthere were suggested changes to the minutes as presented. AI motion to approve the minutes as presented was made by Councilman Allen and was seconded by Councilman Ferguson. ACTION: A motion to accept the minutes as presented was unanimously approved (4-0).  AGENDAI ITEM 6: CONSIDERATION OF TOCCOA WATER RATES  1Page    Mayor Harkness announced the Toccoa water rates are going up again so the city! has to consider going up on Tallulah Falls water rates. Council decided to discuss this further at the next scheduled meeting. A. Consideration of Resolution authorizing Condemnation of Easement over Tax Parcel Mr. Mitchell announced that the city would be acquiring 0.384-acre Permanent Easement and a 0.207-acre Temporary Construction Easement tol be acquired from a 39.87- acre Larger Parcel identified as described in the attachments to the resolution for Sweetgrass HOA parcel 108 030. He asked if there was anyone here to speak regarding the acquisition from Sweetgrass HOA? No one: spoke for or against. Mayor Harkness called for a motion. A motion was made by Councilman Bennett to vote on a condemnation ofe easement over tax parcel 108 ACTION: A motion to vote on a condemnation of easement over tax parcel 108 030 owned by Sweetgrass B. - Consideration of Resolution authorizing Condemnation of Easement over Tax Parcel Mr. Mitchell announced that the city would be acquiring 0.008-acre Permanent Easement and a 0.011-acre Temporary Construction Easement to be acquired from a 22.40-acre Larger Parcel identified as described ini the attachments to the resolution for Batson Family LP parcel 109 009. He asked ift there was anyone here to speak regarding the acquisition from Batson Family LP?Jean Fain spoke for the Batson Family LP. She stated that they would sign and that there would be no problem. Mayor Harkness called for a motion. A motion was made by Councilman Hendrix to vote on a condemnation of easement over tax parcel 109 009 owned by Batson ACTION: A motion to vote on a condemnation ofe easement over tax parcel 109 009 owned. by Batson  AGENDA ITEM 7: DISCUSSION OF 365 SEWER BORE 108 030 owned by Sweetgrass HOA  030 owned by Sweetgrass HOA and was seconded by Councilman Allen.  HOA was unanimously approved (4-0).  1090 009 owned by Batson Family LLP  Family LP and was seconded by Councilman Allen. Family LPI was unanimously approved (4-0).  :. C Consideration of Resolution authorizing Condemnation of Easement over Tax Parcel Mr. Mitchell announced that the city would be acquiring 0.038-acre Permanent Easement and a 1.100-acre Temporary Construction Easement to be acquired from a 1.885-acre Larger Parcel identified as described ini the attachments to the resolution for Crowngrass, LLC parcel 109 009F. He asked if there was anyone here to speak regarding the acquisition from Crowngrass, LLC? Carol Lovell spoke to say she planned to build al home on the property and that the encroachment oft the sewer line is not an easy or pleasant thingi to explain to potential homeowners. She stated that she does not think the sewer line needs to come over the property line as Ms. Lovell believes it could have stayed on the other side of the property line. After a lengthy discussion, Ms. Lovell offered to sell the part of her loti that has the planned sewer line on it to the city. If the Council wants to explore that option, Mr. Mitchell recommends that the council pass the resolution and then they could resolve it within the next  109 009F owned by Crowngrass, LLC  2/Page    30 days. Mayor Harkness called for a motion. A motion was made by Councilman Allen to vote onacondemnation of easement over tax parcel 109 009F owned by Crowngrass, LLC and was ACTION: A motion to vote on a condemnation of easement over tax parcel 109 009F owned by  seconded by Councilman Ferguson.  Crowngrass, LLCwas unanimously approved (4-0).  D. Consideration of Resolution authorizing Condemnation of Easement over Tax Parcel Mr. Mitchell announced that the city would be acquiring 0.029-acre Permanent Easement and a 0.015-acre Temporary Construction Easement to be acquired from a 0.991-acre Larger Parcel identified as described int the attachments to the resolution for Georgia Real Estate Fund, LLC parcel 109 009E. Mayor Harkness asked if there was anyone here to speak regarding the acquisition from Georgia Real Estate Fund? No one: spoke. Mayor Harkness called for a motion. Amotion was made by Councilman Bennett to vote on a condemnation of easement over tax parcel 109 009E owned by Georgia Real Estate Fund and was seconded by Councilman  109 009E owned by Georgia Real Estate Fund  Ferguson.  ACTION: A motion to vote on a condemnation of easement over tax parcel 109 009E owned by Georgia  Real Estate Fund was unanimously approved (4-0).  E. Consideration of Resolution authorizing Condemnation of Easement over Tax Parcel Mr. Mitchell announced that the city would be acquiring 0.10-acre Permanent Easement and a 0.040-acre Temporary Construction Easement across Tax Parcel 108 242Ztol be acquired from a 0.73-acre Larger Parcel identified as described int the attachments to the resolution for Georgia Real Estate Fund, LLC parcel 108 242Z. Mayor Harkness asked if there was anyone here to speak regarding to the acquisition from Georgia Real Estate Fund? No one spoke. Mayor Harkness called for a motion. A motion was made by Councilman Bennett to vote on a condemnation of easement over tax parcel 108 242Z owned by Georgia Real Estate Fund and was seconded by ACTION: A motion to vote on a condemnation of easement over tax parcel 108. 242Z owned by Georgia F. Consideration of Resolution authorizing Condemnation of Easement over Tax Parcel Mr. Mitchell announced that the city would be acquiring 0.035-acre Permanent Easement and a 0.043-acre Temporary Construction Easement to be acquired from a 5.99-acre Larger Parcel identified as described in the attachments to the resolution for Mark and. Jennifer Harris parcel 109 027A. Mayor Harkness asked if there was anyone here to speak regarding the acquisition from Mark and Jennifer Harris? Mark Harris spoke against. After a lengthy discussion, Mr. Harris isn not interested in. having the sewer line on his property. Mayor Harkness called for a motion. A motion was made by Councilman Bennett to vote on a condemnation of easement over tax  108 242Z owned by Georgia Real Estate Fund  Councilman Hendrix.  Real Estate Fund was unanimously approved (4-0).  109 027A owned by Mark and. Jennifer Harris  3Page    parcel 109 027A owned by Mark and. Jennifer Harris and was seconded by Councilman  Ferguson.  ACTION: A motion to vote on a condemnation of easement over tax parcel 109 027A owned by Mark and AGENDA ITEM 8: CONSIDERATION OF RESOLUTION FOR CLOSURE OF ALLEY-I NAVARRETE The council voted to close the alleyi in the past. Council needs to pass the resolution presented by Mr. Mitchell to authorize the disposition of property and to allow the mayor to sign the document.. AI motion to authorize the disposition of property and to allow the mayor to sign the document was made by ACTION: A motion to authorize the disposition of property and to allow the mayor to sign the document  Jennifer Harris was unanimously approved (4-0).  Councilman Allen and was seconded by Councilman Ferguson.  was unanimously approved (4-0).  AGENDAI ITEM 9: CONSIDERATION OF RESIDENTIAL MORATORIUM  Mayor Harkness announced that the city was visiting their codes and land use mapi to make surei iti isup to par. Mr. Mitchell drafted a resolution and after the requested changesmade during the work session, Mr. Mitchell updated it and read it back to council during Regular Session. Mayor Harkness called fora motion. A motion to approve the resolution for the moratorium as written was made by Councilman ACTION: A motion to approve the resolution fort the moratorium as written was unanimously approved  Allen and was seconded by Councilman Ferguson.  (4-0).  AGENDA ITEM 10: CONSIDERATION OF ODE COMMITTEE interested apply. Councilman Allen will prepare an application. AGENDA ITEM 11: PRE-MEETING INFORMATION SUBMISSION DEADLINE to be available to the public and provided to council five days prior to the meeting. AGENDA ITEM: 12: MANAGER'S REPORT & REVIEW OF FINANCIALS Mr. Musselwhite made a report to Mayor and Council that included the following: The Police Department, Fire Department and WWTP monthly report. Georgia Power franchise fees of $91,000 was received.  Councilman Allen suggested that we advertise for applications for this committee and have the people  As discussed int the work session, in. January of 2020, it was approved and passed that all the packets are  Areview of the February financials  AGENDAI ITEM: 13: APPEARANCE AND PUBLIC COMMENT  Debra Showalter asked if there were any updates on the wall. Mr. Musselwhite said GDOT is planning to AGENDA ITEM: 14: CONSIDERATION OF MOTIONTO! ENTER INTO EXECUTIVE! SESSION (if needed)  start the first week of May.  4IPage    Ar motion was made by Councilman Allen and was seconded by Councilman Bennett to adjourn and reconvene in Executive Session for the purpose of discussion of personnel. This portion of Regular  Session adjourned at 8:23 p.m.  Ar motion was made! by Councilman Bennett and was seconded by Councilman Ferguson to come out of Executive Session and reconvene in Regular Session. The motion was unanimously carried, and Regular  Session reconvened at 9:50 p.m. AGENDAITEM; .MOTIONIRADIOUA  -  Amotion to adjourn was madébyo CoyhgimanAllen: and the mption was seconded by Councilman  The meetingadjourned. at 9:51 p.m.  gt  SEAL   Demorest City Clerk  5IPage