Demorest The Hear! ofHabersham Demorest City Council Regular Session  Demorest Municipal Building . Tuesday, August. 1, 2023 .7 7:00P.M.  ATTENDEES  Shawn Allen, Councilman Donnie Bennett, Councilman Jerry Harkness, Mayor John Hendrix, Councilman  Andrew Ferguson, Councilman Megan Chastain, City Clerk Thomas Mitchell, City Attorney Mark Musselwhite, City Manager  The August 1, 2023, Demorest Work Session was held int the Demorest Municipal Building located at  125 Ivy Street. 1. INVOCATION lead the pledge. 2. CALL TO ORDER  Mayor Harkness opened the meeting by leading in prayer and the pledge. Brody Allen from Troop 5  Mayor Harkness called the meeting to order at 7:00 p.m.  3. APPROVAL OF AGENDA  Councilman Allen requested to amend the agenda adding Discussion of Brent Lee Moore Park & Fountain below announcements. A motion to amend the agenda as requested was made by ACTION: The motion to amend the agenda as requested was unanimously approved (4-0).  Councilman Allen and was seconded by Councilman Ferguson.  4. APPEARANCE & PUBLIC COMMENT  Ms. Moore thanked everyone for clearing the bushes out of the view on Oak Street but stated the hill Amotion to amend the agenda adding 3-way stop at Oak/Florida was made by Councilman Hendrix ACTION: The motion to amend the agenda adding 3-way stop at Oak/Florida was unanimously  was still a problem. Chief Krockum recommended a 3-way.  and was seconded by Councilman Ferguson.  approved (4-0).  Amotion to put in a 3-way stop at Oak/Florida was made by Councilman Bennett and was seconded by ACTION: The motion to put in a 3-way stop at Oak/Florida was approved (3-1 Councilman Allen).  Councilman Ferguson.  1Page    Councilman Ferguson expressed his appreciation to Bryan and Brent for cleaning up thet tree that fell  Saturday on Arlington Street.  5. ANNOUNCEMENT: Police Department Educational Achievements  Chief Krockum announced that about a year & half ago, the city approved educational incentives and since that time we have had four officers that have started college, three have completed their associates degree and one is one class way from completion. Assistant Chief Casey Chastain, Ty! Moss, Justin Hicks and James Minutello are the officers. Mr. Musselwhite announced they would each receive ap pay increase. Assistant Chief Chastain announced that Chief Krockum is almost finished with his  doctorate degree.  6. DISCUSSION OF BRENT LEE MOORE PARK & FOUNTAIN  Councilman Allen announced that there was a fountain when you walk to the ballfield that was an eagles scouts project that he remembers being apart of building when he was 12 years old. With all of the work being done to the park, he has asked Mr. Musselwhite to see if the water fountain can be fixed. Councilman Allen started a mission to see whose eagle scout project it was sO that there could be a plaque posted. After researching and speaking with Alice Roseman (Travis's mother), he found that the eagle project was done in 1985 by Travis Roseman whom passed awayi in a car accident back in 2003. With it being the 20th anniversary of Mr. Roseman's passing and the 30th anniversary of Brent Lee Moore's passing, he would like to restore the fountain, put ai in honor of plaque and have a  rededication oft this boy scout's project at some point this year.  7. DISCUSSION OF 365 SEWER BORE:  There are five declarations oftaking of very small real-estate toi install the sewer bore. There were six ofthem but the city has settled with one of the property owners. There were slight differences in the sizes (i.e., hundredths of an acre) but in order to comply with the condemnation rules, it was necessary A. Consideration of Resolution authorizing Condemnation of Easement over Tax Parcel 108 030 owned Mr. Mitchell announced that the city would be acquiring 0.366-acre Permanent Easement and a 0.191-acre 24-month Temporary Construction Easement to be acquired from a 39.87-acre Larger Parcel identified as described ini 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. B. Consideration of Resolutionauthorzing Condemnation of Easement over Tax Parcel 109 009F owned Mr. Mitchell announced that the city would be acquiring 0.043-acre Permanent Easement and a 0.099-acre 24-month 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? No one spoke for or against.  tor readopt the resolutions presented.  by Sweetgrass HOA  by Crowngrass, LLC  2Page    C Consideration of Resolution authorizing Condemnation of Easement over Tax Parcel 109 009E owned Mr. Mitchell announced that the city would be acquiring 0.033-acre Permanent Easement and a 0.0991-acre 24-month Temporary Construction Easement to be acquired from a 0.019-acre Larger Parcel identified as described ini the attachments to the resolution for Georgia Real Estate Fund, LLC parcel 109 009E. He asked if there was anyone here to speak regarding the acquisition from Georgia D. Consideration of Resolution authorizing Condemnation of Easement over Tax Parcel 108 242Z owned Mr. Mitchell announced that the city would be acquiring 0.013-acre Permanent Easement and a 0.039- acre Temporary Construction Easement across Tax Parcel 108 242Z to be acquired from a 0.73-acre Larger Parcel identified as described in the attachments to the resolution for Georgia Real Estate Fund, LLC parcel 108 242Z. He asked if there was anyone here to speak regarding to the acquisition from E. Consideration of Resolution authorizing Condemnation of Easement over Tax Parcel 109 027A owned Mr. Mitchell announced that the city would be acquiring 0.072-acre Permanent Easement and a 0.049- acre 24-month 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. He asked if there was anyone here to speak regarding the acquisition from Mark and. Jennifer Harris? Mark Harris spoke against. Mr. Harris asked Mayor & Council what is to be built on the corner property of 365 and Demorest Mount Airy? Mayor Harkness stated it is not his property sO he could not answer that question and that he does not speak for any oft the other Councilman but he does not see their names on the deeds either. He sated this isj just at fulfillment of a SPLOST voted project. No one on council spoke. After a lengthy discussion, Mr. Harris is not interested in having the sewer line  by Georgia Real Estate Fund  Real Estate Fund? No one: spoke for or against.  by Georgia Real Estate Fund  Georgia Real Estate Fund? No one spoke for or against.  by Mark and Jennifer Harris  on his property. Mr. Mitchell announced the hearing was closed.  Mr. Mitchell called for the condemnation of easement over tax parcel 108 030 owned by Sweetgrass HOA. A motion was made by Councilman Allen and was seconded by Councilman Bennett. ACTION: A motion to vote on a condemnation of easement over tax parcel 108 030 owned. by  Sweetgrass HOA was unanimously approved (4-0).  Mr. Mitchell called for the condemnation of easement over tax parcel 109 009F owned by Crowngrass, LLC. A motion was made by Councilman Bennett and was seconded by Councilman Ferguson. ACTION: A motion to vote on a condemnation of easement over tax parcel 109 009F owned by  Crowngrass, LLC was unanimously approved (4-0).  Mr. Mitchell called for the condemnation of easement over tax parcel 109 009E owned by Georgia Real Estate Fund. A motion was made by Councilman Allen and was seconded by Councilman 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).  3Page    Mr. Mitchell called for the condemnation of easement over tax parcel 108 242Z owned by Georgia Real Estate Fund. AI motion was made by Councilman Allen and was: seconded by Councilman Ferguson. ACTION: A motion to vote on a condemnation of easement over tax parcel. 108. 242Z owned by Georgia Mr. Mitchell called for the condemnation of easement over tax parcel 109 027A owned by Mark and Jennifer Harris. A motion was made by Councilman Allen and was seconded by Councilman Bennett. ACTION: A motion to vote on a condemnation of easement over tax parcel 109 027A owned by Mark  Real Estate Fund was unanimously approved (4-0).  and. Jennifer Harris was unanimously approved (4-0).  8. APPROVAL OF MINUTES: July 6  Minutes were presented for approval from. July 6, 2023. Mayor Harkness asked ift there were suggested changes toi the minutes as presented. Councilman Hendrix indicated that (4-0) should be changed to (3-0), Mr. Mitchell confirmed based off of the ordinance. Councilman Hendrix also noted that some of the information listed under agenda item 12 does not go with the agenda item. Ms. Chastain agreed to make the indicated changes. A motion was made by Councilman Bennett to accept the minutes as ACTION: The motion to approve the minutes as modified was unanimously approved (4-0).  modified and was seconded by Councilman Hendrix.  9. CONSIDERATION OF ZONING ORDINANCE PROPOSAL  Aftert the discussion made in the work session, council had a few options to choose from. Mayor Harkness called for council to make their motion accordingly. Councilman Allen called for the public's opinion and direction. As of right now, some of our regulations are not as strict or do not have a clear overview & this would define some of these for the future. Mayor Harkness called for council to make the motion they see fit. A motion was made by Councilman Allen tot table this item until the September  meeting and was seconded by Councilman Hendrix. ACTION: The motion to approve was unanimously approved (4-0). 10. CONSIDERATION OF PANHANDLING ORDINANCE (2nd Reading)  Mayor Harkness announced this is a second reading. He asked ift there was anyone here to speak about the Panhandling Ordinance? No one spoke. A motion to accept the Panhandling Ordinance was made ACTION: The motion to accept the Panhandling Ordinance was unanimously approved (4-0).  by Councilman Bennett and was seconded by Councilman Hendrix  11. CONSIDERATION OF ZONING ORDINANCE PROPOSAL  Two zoning proposals were presented which have been discussed at a. July meeting. After a lengthy discussion with al lot of different options and concerns, Councils options were to post pone this item and put in the budget to approve in. January, approve a proposal and start in January, or vote to  4IPage    proceed with a proposal and amend the current budget and the project would deliver in. January,  amend the ordinance or table and discus next month. 12. DISCUSSION OF HISTORIC PRESERVATION COMMISSION  Mayor Harkness asked if anyone had any nominations for the Historic Preservation Commission. There  were not any so Mayor and Council will revisit this item next month.  13. CONSIDERATION OF EPD DRINKING WATER INVOICE  Mayor Harkness presented an annual EPD Drinking' Water invoice ini the total of $11,770 that the cityi is required to pay every year. A motion was made by Councilman Ferguson to approve the $11,770 payment fori the EPD Drinking Water invoice and was seconded by Councilman Hendrix. ACTION: The motion to approve the $11,770 payment fort the EPD. Drinking Water invoice was  unanimously approved (4-0).  14. CONSIDERATION OF MEETING DATE CHANGES FOR THE REMAINDER OF THE YEAR  Mr. Musselwhite presented a suggested meeting date change list for the monthly council because he will be attending the Certified Public Manager class which will bet the first Tuesday, Wednesday & Thursday of each month until May 2024. Based off of how the ordinance reads, the options are to amend the ordinance to change the meeting date or we could cancel the regular meetings and just do a series of special called meetings on the second Tuesday. Mayor Harkness stated the he would prefer the Mr. Musselwhite get thet training he wants and needs and we cancel the regular meetings and call special called meetings. Councilman Allen stated this course would be beneficial for himself and beneficial for the city with the knowledge he is going to gain plus the networking opportunities he is going to gain being on site there. Council agreed to cancel the regular scheduled monthly meetings and call special called meetings based off of the meeting schedule presented while Mr. Musselwhite is  completing the Certified Public Manager class with the exception of January. 15. CONSIDERATION OF QUOTE FROM' VEOLIA FOR WWTP IMPROVEMENTS  Mr. Musselwhite presented a quote from Veolia provided by Fletcher in the amount of $31,166.31to provide basic needs to up keep the system. This amount was budgeted in Sewer Capital Outlays. A motion was made by Councilman Bennett to move forward with the payment oft the $31,166.31 Veolia ACTION: The motion to movej forward with the payment of the; $31,166.31 Veolia quote was  quote and was seconded by Councilman Allen.  unanimously approved (4-0). 16. TRAFFIC COMPLAINTS  Please see the discussion made during the Work: Session. 18. FINALIZED LEAD & COPPER RULE REVISIONS  Councilman Hendrix announced that EPAI is requesting that any water lines that we have with lead and copper be removed by October 16, 2024. Mayor Harkness reiterated that we test our water frequently  5Page    for lead, copper and any other metals. Councilman Hendrix plans to meet with Fletcher at EMIto  discuss this further as well as other items. 19. MANAGER'S REPORT & REVIEW OF FINANCIALS  Mr. Musselwhite made a report to Mayor and Council that included the following: The Fire Department, Police Department and' WWTP monthly report.  Areview oft the. June financials City Hall, Gym and Park progress update Audit update and findings Qualifying is August 21-25 The LMIG projects are complete The school fundraiser ends Monday  Budget discussions with each department head will begin August 9  20. CONSIDERATION OF MOTION TO ENTER INTO EXECUTIVE SESSION (if needed)  An motion was made by Councilman Allen and was seconded by Councilman Ferguson to adjourn and reconvene in Executive Session for the purpose of discussion ofl litigation and acquisition of real estate.  This portion of Regular Session adjourned at 8:09 p.m.  A 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 8:26 p.m. 21. MOTION TO ADJOURN  A motion to adjourn was made by Councilman Allen and the motion was seconded by Councilman Hendrix. The motionwasu unanimouslyaproved, emeeting adjourned at 8:27 p.m.  SEAL    Demorest City Clerk  E  6Page