3/7/2022 Council Minutes  MINUTES OF THE REGULAR COUNCIL MEETING CITY OF AUSTELL CITY HALL BUILDING MONDAY, MARCH 7, 2022  Present: Mayor Ollie Clemons Valerie Anderson Melanie Elder Devon Myrick Sandra Leverette Marlin Lamar Meredith Adams  Also, present: Denise Lowe, Finance Director; Bo Garrison, Public Works Director; Brandon Merritt, Fire Chief; Natalie Poulk, Police Chief(I), Darrell Weaver, Community Affairs Director, Elizabeth Young, City Clerk, and Scott Kimbrough, Attorney  1. CALL TO ORDER  Mayor Clemons called the meeting to order, gave the invocation & led the Pledge of Allegiance. Mayor Clemons asked ifanyone had items to add to the agenda. Mr. Kimbrough stated he needs to add item 14A - Timothy Rioux case.  Mrs. Anderson moved toj follow the recommendation of Mayor Clemons to add item 14A.  Seconded by Mrs. Leverette. Motion passed. (6-0)  2. CONSENT AGENDA - INFORMATION AND UPDATE (No Action Required by Council - See Specific Department Director beforeal Meeting.)  2. CONSENT AGENDA A. Approve Bills  B. Approve Legal Bills - $3,697.32  C.Approve Minutes of Regular Council Meeting February 7, 2022 Consent Agenda. Seconded by Mr. Myrick. Motion passed. (6-0)  Mrs. Leverette moved to) follow the recommendation of Mayor Clemons to approve the  4. EXCEPTION TO CONSENT AGENDA 6.GASSYSTEM REPRESENTATIVE OLLIE CLEMONS, MAYOR  5.CITIZENS REPORT  1    3/7/2022 Council Minutes  Mr. Kimbrough stated we are a little behind from where we were last year. The Ukraine issue has impacted natural gas prices and Mr. Register has gotten ahead of  the curve onj purchasing gas to be used in the future. VALERIE ANDERSON, CHAIRPERSON Denise Lowe, Finance Director A. Financial Report B. Code ofOrdinances Amendment  7.FINANCE DEPARTMENT  Thej purpose is to amend the City's Code ofOrdinances to reflect the State's Official Code. The City's current code requires bid invitations over $25,000 to be advertised in the local newspaper, in addition to the Georgia Procurement Registry. The State code allows municipalities to advertise on their website continuously for at least four weeks prior to the opening of bids as an alternative to advertising in the local Itis the recommendation to Amend Section 2-276 (c)(3)ofthe City's Code of Ordinances to state that the City's website may be used to meet the advertising Mrs. Anderson moved toj follow the recommendation of Mayor Clemons to approve the Code ofOrdinances Amendment. Seconded by Mrs. Leverette. Motion passed. C.2021-22 Comprehensive Financial Audit Report Presentation (Information Only) The purpose is to present to council the City's 2020-21 Comprehensive Annual Financial Report. Every year the City's financial records are audited by an independent accounting firm. James L. Whitaker, P.C. performed the most recent audit ending June 30, 2021, as well as all supplemental reports required by other  newspaper.  requirement as described in O.C.G.A. 36-91-20.  (6-0)  agencies.  8.GENERAL ADMINISTRATION  MELANIE ELDER, CHAIRPERSON Elizabeth Young, Director  A. No Report  9.1 POLICE DEPARTMENT  DEVON MYRICK, CHAIRPERSON Natalie Poulk, Police Chief(I)  A. Police Report  2    3/7/2022 Council Minutes  B. Auto Mania Plaque (Information Only)  Every year, Austell Police has helped children and families in our community, with food, clothing, essentials. This year, a local business, Auto Mania reached out and asked ifthey could partner and help donate. Ofcourse, we said yes! They immediately came up with a plan of donations being used as payments, and down payments on new purchases! The overwhelming support was amazing! Truckloads of items, food, clothing, toys, and essentials was unbelievable. This to date, has been our biggest and most successful year, at last count 221 children and families were helped! A big thank you to them. We look forward to 2022! Mr. Myrick stated that Auto Mania was not able to make it tonight to accept the plaque, but Chief Poulk will  deliver it to them this week.  10. FIRE DEPARTMENT  MARLIN LAMAR, CHAIRPERSON Brandon Merritt, Fire Chief  A. Fire Report  11.PUBLIC WORKS DEPARTMENT  SANDRA LEVERETTE, CHAIRPERSON A. Autumn Brook Update (Information Only) inspection, the site was out of compliance.  Bo Garrison, Director  Austell Public Works issued a Stop Work Order on February 2, 2022, upon Austell Public Works met on February 3, 2022, with Autumn Brook's s land development manager and project manager to discuss the site needs to be 100% in compliance and showing documentation from a certified erosion control inspector; was informed that the city will inspect the site before the Stop Work Order can be On February 7,2022, the Stormwater Division conducted a site inspection visit to the project and walked the rear limits of disturbance to evaluate compliance within the project allowing Stormwater inspectors to check any sign ofs silt or sediment running  lifted.  tol Noses and Sweetwater Creek. Our findings were as follows:  Silt fence on lot 1 and 19 needed fixing  Was also requested toj please install inlet protection on all spillways of the No silt or sediment is running to Noses or Sweetwater Creek  site  On February 8, 2022, the Stormwater Division conducted a re-inspection to the site to evaluate compliance within the project and found to be in compliance with the City of  Austell Erosion, Sedimentation, and Pollution Control Ordinance.  3    3/7/2022 Council Minutes  12. PARKS DEPARTMENT  MEREDITH ADAMS, CHAIRPERSON  Darrell Weaver, Director  A. Threadmill Complex Suite Renovations (Building Maintenance - Information Only) The Building Maintenance Staffhas been busy continuing work on remodeling the old restaurant space on the main floor oft the complex to house the administrative offices for Parks & Recreation as well as support staff for the Community Affairs Office (Code Enforcement and Building Inspections). The remaining portion ofthis space has been converted into a conference room for Community Affairs/Parks & Recreation as well as any other departments needing the space. We anticipate that the work will be completed and ready for move-in by the first week ofMarch.  13. COMMUNITY AFFAIRS  VALERIE ANDERSON, CHAIRPERSON  Darrell Weaver, Director A. Code Enforcement Report  B. P&Z-Amnexation & Rezoning Request @ 5786 & 5796 Maxham Road Mr. Kimbrough opened the public hearing for the rezoning of 5786 & 5796 Maxham Rd. Staff had received an annexation and rezoning request from Corey Fields, Icon Renovations, LLC to rezone 1.2 acres from R-20 to FST (Fee Simple Townhome) for the purpose ofat townhome development. Afull staff report and supporting documents are attached. Mr. Kimbrough asked if anyone was here to speak. Mr. Corey Fields stated his name & Mr. Kimbrough swore him in. Mr. Fields stated this property is not ideal for single family homes, but it makes sense to put townhomes in this area. The townhomes will be front facing units with rear entry garages and auxiliary parking in Mrs. Adams movedtoj follow the recommendation of Mr. Kimbrough. to close the public hearing, for the rezoning. Seconded by Mr. Myrick. Motion passed. (6-0) Mrs. Anderson movedi toj follow the recommendation of Mayor Clemons to approve the rezoning request. Seconded by Mr. Myrick. Motion passed. (6-0) Mr. Kimbrough opened the public hearing for the annexation of5786 & 5796 Maxham Road. Mr. Corey Fields remained under oath from Mr. Kimbrough. Mr. Fields stated this is perfect to be annexed into the City of Austell because ofit's location. Mr. Myrickmovedi toj follow the recommendation of Mr. Kimbrough to close the public hearing for the annexation. Seconded. by Mrs. Adams. Motion passed. (6-0) Mrs. Anderson moved toj follow the recommendation of Mayor Clemons to approve the annexation of 5786 & 5796 Maxham Road. Seconded by M. Myrick. Motion passed.  the rear of the property.  (6-0)  4    3/7/2022 Council Minutes  C.P&Z- Annexation & Rezoning Request @ East Side of Maxham Road, South of Staff had received an annexation and rezoning request from Smith Douglas Homes to rezone 37.2 acres from R-20 & RM-8 to PUD (residential) for the purpose of a townhome and single family detached home development. This application will be TABLED while staff and the applicant work out concerns raised by the County. Staff anticipates this returning to the Mayor and Council for consideration during the next Mrs. Anderson moved to follow the recommendation of Mayor Clemons to table the Annexation & Rezoning request of East Side of Maxham Road, South of Veterans  Veterans Memorial Hwy. (Table this request)  meeting cycle.  Memorial Hwy. Seconded by Ms. Elder. Motion, passed. (6-0)  14.ATTORNEY, DUPREE & KIMBROUGH  A. Timothy Rioux Case discussions.  Mr. Kimbrough stated we met last week in executive session to discuss a pending litigation matter regarding Timothy Rioux & we need a motion based upon those Mrs. Anderson made a motion for Mayor Clemons to. sign an agreement. for $75,000.00 for Timothy Rioux. Motion seconded by Mr. Myrick. Motion passed. (6-0)  15. MAYOR'S REPORT A. No Report 16. ADJOURN  Mr. Myrick movedtoj follow the recommendation of Mayor Clemons to adjourn the  meeting. Seconded by Mr. Lamar. Motion passed. (6-0)  DAle Clemen,f ( Mayor 4.8.3022 Date  Vauy  EHEy  5