11/7/2022 Council Minutes  MINUTES OF THE REGULAR COUNCIL MEETING CITY OF AUSTELL CITY HALL. BUILDING MONDAY, NOVEMBER 7,2022  Present: Mayor Ollie Clemons Valerie. Anderson Melanie Elder Devon Myrick Sandra Leverette Meredith Adams Marlin Lamar  Also, present: Denise Lowe, Finance Director; Bo Garrison, Public Works Director; Brandon Merritt, Fire Chief; Scott Hamilton, Police Chief, Darrell Weaver, Community Affairs Director,  Elizabeth Young, City Clerk and Scott Kimbrough, Attorney (virtual)  1. CALL TO ORDER  Mayor Clemons called the meeting to order. Pastor Malcom Lewis gave the invocation & Mayor Clemons led the Pledge of Allegiance. Mayor Clemons asked if anyone. had items  toadd to the agenda. No items were added.  2. CONSENT AGENDA - INFORMATION AND UPDATE (No Action Required by Council - See Specific Department Director before: a Meeting.)  2. CONSENT AGENDA A. Approve Bills  B. Approve Legal Bills - $7,507.50  C.Approvel Minutes of Regular Council Meeting October 3, 2022  Mrs. Anderson made a recommendation to approve the Consent Agenda. Seconded by  Mrs. Leverette. Motion passed. (6-0) 4. EXCEPTION TO CONSENT AGENDA  5. CITIZENS REPORT  Mr. Tim Adams came forward regarding the apology he requested on 10/3/2022 from Mrs. Valerie Anderson. Mr. Adams asked that a formal Ethics violation hearing is organized and acted. Mr. Adams further requested that the Mayor and Council issue a letter of Censor toward Valerie Anderson and a consideration on her fitness to serve. Mr. Adams expressed his concerns regarding the Police Patrol division being moved to the Threadmill Complex. Mr. Adams is concerned that patrol cars not being seen  1    11/7/2022 Council Minutes  downtown at the Police Department will increase crime. ChiefHamilton read the statistics of our Patrol Division & stated this was aj positive change for the department. Mr. Derek Caffe came forward regarding a new organization he has created called Create Austell. He stated this organization will help citizens have aj point of contact in the city  regarding housing, sustainability, arts & culture.  6.G GAS SYSTEM REPRESENTATIVE OLLIE CLEMONS, MAYOR  Mr. Kimbrough stated that it has been a good year sO far. There has been a rate decrease & they are getting ready for winter. Rob Register is retiring at the end oft the year and the Austell Gas Company has named Mr.. Justin Isbill as the new General Manager.  7.FINANCE DEPARIMENT  VALERIE ANDERSON, CHAIRPERSON Denise Lowe, Finance Director A. Financial Report B. 2021-22 Budget Revisions  The purpose is to adjust budget amounts to reflect increased fuel costs for fiscal year 2021-22. In accordance with OCGA 36-81-2"Any increase in appropriation at the legal level ofo control oft the local government, whether accomplished through a change in anticipated revenues in any fund ort through ai transfer ofa appropriations among departments, shall require the approval of the governing authority." See attached detailed budget revisions needed in order to comply with OCGA36-81-2. Itis the recommendation of the Finance Committee to approve the above budget Mrs. Anderson made a motion to approve the 2021-22 budget revisions. Seconded by  revisions for the 2021-22 Fiscal Year. Mr. Lamar. Motion passed. (6-0) .2 2022-23 Budget Revisions  The purpose is to adjust budget amounts showing consolidation oft two public safety departments. To depict the primary function oft the Austell Police Department the Finance Department would like to consolidate the "Detention of Prisoners" department into, the "Police Administration and Patrol" department for budgeting purposes. Please see attached budget amendments to reflect this change. Itis the recommendation ofthe Finance Committee to approve the attached budget Mrs. Anderson made a motion to approve the 2022-23 budget revisions. Seconded by  revisions for the 2022-23 Fiscal Year. Mr. Myrick. Motion passed. (6-0)  2    11/7/2022 Council Minutes  D. Lease/Purchase of 261 New Police Vehicles  Thej purpose is to approve purchase of26j police vehicles through a lease/purchase agreement with Ford Motor Credit. The Police department would like to move forward with the purchase and: replacement ofits fleet. Police ChiefHamilton has researched and found that Wade Ford, Inc. was the only dealer (source) in our area that could accommodate our request for (20) patrol SUV's;( (2) F150K K9 Trucks; and ()Administration SUV's. Alsoi included is the Police Chiefs Ford F150 previously approved. Over the past few weeks, the city received the attached quotes. Due to the inventory shortage, Wade Ford, Inc is dividing the quotes between purchases of2022 and 2023 models in the amount of$117,600.45 (#5465003): and $221,284.64 (#5465004) per year respectively. The attached quotes do not include any of the trade-in values of our current inventory and will be: funded by SPLOST funds, trade- inj proceeds, and General Fund revenues going forward, beginning in the 2023-24 fiscal year. The 2022 vehicles are estimated tol be delivered in December 2022 and the 2023 vehicles are estimated to be delivered March 2023. Itist the recommendation oft the Finance Committee to approve the attached financing quotes #5465003 and #5465004 based on ChiefHamilton's: findings and  recommendations.  Mrs. Anderson made ai motion to approve the lease/purchase of 26 police vehicles.  Seconded by Mr. Myrick. Motion passed. (6-0)  8. GENERAL ADMINISTRATION  MELANIE ELDER, CHAIRPERSON Elizabeth Young, Director A. New Solicitors for Court Services  We would like to show our appreciation to LeAnn MacDougall for 16 years of service as. Lead Solicitor for the City of Austell Municipal Court. LeAnn will retire from the Cobb County Solicitor General's Office at the end oft the year and plans to continue her career with The Paulding County Juvenile Court System. As Ms. MacDougall prepares for retirement, Tom Campbell, who has served as Associate Solicitor for the City of Austell for 16 years, will transition into Lead Solicitor. Tom also works with Cobb County Solicitor General's Office. We would like to welcome Richele Powell Anderson and Rachel Bearman Plevak as Associate Solicitors to assist Mr. Campbell as: needed (attached resumes). Both Richele and Rachel currently work with the Cobb County Solicitor General's Michael Syrop, our current Public Defender, has taken aj position with the Circuit  Office.  Defenders Office, effective immediately.  3    11/7/2022 Council Minutes  Christopher Lanning, who has been an Associate Solicitor for the last 4 years, will go into private practice and will continue his service to the City of Austell as our Public Reid Michael Kennedy will assist Mr. Lanning when a scheduling conflict arises, and Ms. Elder made ai recommendation to approve the new solicitors for Court Services.  Defender.  Mr. Lanning cannot be present.  Seconded by Mrs. Leverette. Motion passed. (6-0)  B. Personnel Policy  The personnel policy committee has met throughout the year to: revise our current policy. This is a task that must be reviewed every 2-3 years. Revisions have been made throughout the entire policy based on the committee's decisions. Ms. Elder made ai recommendation to table this request until further information is provided. Seconded by Mrs. Anderson. Motion passed. (6-0) C. City ManagerAdministator Position (Information Only) The General Administration Committee recently met to discuss a City ManagerAdmimstrator position. Kiona Warren has done research to discuss with  Mayor & Council.  D. Human Resources Contract Labor (Information Only) done research to discuss with Mayor & Council.  The General Administration Committee recently met to discuss the need tol hire contract labor tol help assist with the human resources functions. Kiona Warren has Council decided the General Administration Committee should meet again to determine the best course of action fori items C &1 D and bring it back to Mayor &  council to be voted on.  9. POLICE DEPARTMENT  DEVON MYRICK, CHAIRPERSON Scott Hamilton, Police Chief A. Police Report B. Retirement ofK9 Sophia  Chief Hamilton is requesting the retirement ofK9 Sophia. After reviewing the police departmenf'sopenations, organizational structure, budget, and staffing required to service the city of Austell, he has determined the K9 unit should be downsized toi two dogs. Austell's city population does not require three K9 officers for efficient  operations.  4    11/7/2022 Council Minutes  Chief Hamilton is requesting for K9 Sophia to be retired and remain inj possession of Mr. Myrick made ai recommendation to approve the retirement of K9 Sophia.  her handler, OicerLaChristopher. Hebert.  Seconded. by Mrs. Anderson. Motion passed. (6-0) C.J Jail- - Suspension ofUsage & Operations  The. Austell Police Department currently operates aj processing center for temporarily holding detainees (jail). Arrestees are. held in our holding facility until released on bond or transferred to another facility designed for extended confinement. The police department's organizational structure currently has three jailers and one supervisor position assigned to the jail. The approved budget 2022-2023 budget for the jail is-$548,620.00. After ai thorough assessment oft the police department's organizational structure, operations, staffing, and budget, it has been determined that jail isi impeding the progress ofthe organization's operations and should be discontinued. It also increases liabilities fori in-custody deaths. The administration  has evaluated the following areas: A. Staffing/Operations B. adguhsypedture/Aereme C.A Alternative Detention Facilities D. Police. Antiquated Equipment Replacement  Staffing & Operations (See attached. Item. No. 1A and No. 1B) Thej police department's uniform patrol division is currently staffed with one Lieutenant, four sergeants, and eleven officers. Thej police department has identified staffing needs in other areas oft the department. ChiefHamilton plans to utilize the jail positions toj provide our organization with more fluid and efficient operations.  The jail positions will be transferred to the following areas: Jail Supervisor 1 Uniform Patrol Division Lieutenant  o The Uniform Patrol Division Lieutenant will provide an additional mid-level manager to the division. PatrolLieutenants are: responsible forr managing the division's day-to-day operations, meeting administrative needs, and maintaining the checks and balances of patrol operations. Solid checks and balance systems ensure officers' performance, and duties comply with the city and department policies and state and federal laws. They are also instrumental in the professional development and training oft their staff.  Jailer 1 Criminal Investigations Unit Detective  5    11/7/2022 Council Minutes  The Criminal Investigations Unit is currently staffed with one Lieutenant, sergeant, and detective. Due to the personnel shortage, they are. limited to the number of criminal cases that can be investigated thoroughly. This shortage limits the unit's ability to expand training in specialized areas, such asl homicides, fraud, and sexual assaults. Complex criminal cases require more investigative  time and resources.  Jailer 1 Uniform Patrol Division Officer  We: seek to transfer two jail officer positions to the Uniform Patrol Division. The staffing operations do not allow maximum performance and patrol coverage oft the city. The shortage also hinders officers from using their vacation time; we. know vacation time contributes to resilient mental health and nourishes family/home life. It also minimizes training available for the staff, limits opportunities to engage with the. Austell community, and presents al higher risk for  safety.  adethmedtre/keaus (See attached. Item No. 2) Over the last four years, the jail has received a yearly budget ranging from $397,614.00 to $548,620.00. Each year the jail has exceeded the overtime allotment up to 35%. The costliest areas have been salaries, overtime, repairs/maintenance, and supplies. The only revenue generated is jail bonds. The most wel have received in bonds since 2018 is $46,866.00 in a fiscal year; this pales in comparison to the $548,620.00 budget needed to maintain this facility. Transferring these finances to police administration would benefit the department's overall operations more.  Alternative Detention Facilities  Austell Police Department currently utilizes Cobb County Jail to house detainees who require confinement that exceeds four hours and are arrested on state charges. The city must pay ten percent ofits collected fines to Cobb County Jail; this has given the city a surplus balance with Cobb County of $25,299.59. The cost to house Austell Police Department's prisoners is being paid from the surplus balance. A secondary detention facility option the administration will be assessing is the Smyrna Police Jail. Currently, other surrounding municipalities are utilizing the Smyrna Jail The administration reviewed the. Austell Police Department's jail arrest stats for the last four years. They found a significant number of arrests for traffic charges and minor ordinance violations that Austell PD can begin releasing violators on a copy of charges. Implementing this adjustment would decrease the number of people requiring detention and ultimately provide better management of costs. In addition, it will reduce the time officers spend processing an arrest and increase the time police provide coverage for the city. These adjustments will also prevent the excessive  facility for detention.  6    11/7/2022 Council Minutes  punishment ofr minor crimes and infractions that can disproportionately affect  communities, especially financially. Police Antiquated Equipment Replacement  The. Austell Police Department has equipment that isi ineffective in its operations. We have identified that the current patrol laptops require an upgrade to a higher- performing computer that is more durable for road activity. Thej patrol body cameras only hold a charge for up to 3 hours, and the server is outdated as well as the in-car cameras. Also, the department radio batteries and shoulder mics need tol be replaced, and additional radios will need to be purchased to assign to future employees. Based on the above findings, ChiefHamilton is requesting the suspension of the jail Mr. Myrick made ai recommendation to approve the Jail. suspension ofusage & operations. Seconded. by Mrs. Leverette. Motion passed. (6-0)  usage and operations.  10. FIRE DEPARIMENT  MARLIN LAMAR, CHAIRPERSON Brandon Merritt, Fire Chief  A. Fire Report  11.PUBLIC WORKS DEPARTMENT  SANDRA LEVERETTE, CHAIRPERSON  Bo Garrison, Director A. Stream Buffer Reduction  Itis the recommendation oft the Public Works Department to accept and approve Stream Buffer Reduction Variance requested by Habitat for Humanity.  Habitat criteria includes provisions for a shed provided to Habitat homeowners that will allow for storage oflandscapeGardering tools for lawn maintenance and beautification. Due to size and contiguration of the site, the 8-foot by 8-foot shed will bel located outside the 25-foot State Stream Buffer, but it will still be within the 50-foot City Stream Buffer. As stipulated by Article VII, Stream Buffer Protection Ordinance, Section 5-95.2, a site map is attached to this request indicating the proposed shed location relative to the stream buffer and the residence. The property ini the proposed location is currently covered with Bermuda sod grass that has a gentle slope to the West, thereby requiring the shed to be blocked for leveling purposes. The areai to be affected is limited to the 8-foot by 8-foot outline of  the storage shed or 64 square feet.  7    11/7/2022 Council Minutes  No mitigation plan is included with this Variance request since iti is anticipated that there will be no impact caused by the intrusion to the flow of rainwater ini the yard of Mrs. Leverette made ai motion to approve the Stream. Buffer Reduction. Seconded by  this residence.  Mr. Myrick. Motion passed. (6-0)  B. Solid Waste & Recycling Services Price Change (Information Only) As costs continue to rise for the processing of recyclable materials, solid waste disposal, equipment, insurances, vehicle operating and maintenance expenses, Waste Pro will be increasing the monthly disposal rate for City of Austell customers. The City of Austell has made every attempt to avoid an increase, however, the escalating costs from Waste Pro's! partners and supply chains have created an undue hardship that can no longer be absorbed without passing them on to their customers. Purple Bags for extra garbage/recycle will be discontinued in addition to the rate increases. Customers are encouraged to order extra carts for any extra garbage/recycle that may be accumulated. These new rates will begin effective January 1,2023 and will be reflected in your February 2023 bill.. Al letter explain further will be  included in the water bill next month.  12. PARKS DEPARTMENT  MEREDITH ADAMS, CHAIRPERSON Darrell Weaver, Director A. Threadmill Roof (Information Only)  The roof supplies have been delivered and construction has started beginning at the POST roof portion. This project will continue through the rest ofthis year and should  be finished ini the early part of. January 2023. B. Veterans Memorial Park Update (Information Only)  The Veterans Memorial Park project is moving forward. The concrete. has been poured for the sidewalks and the parking lot paving is next. The landscape portion is also underway. We are pushing forward to be completed in time for our Veterans Day  Celebration.  13. COMMUNITY AFFAIRS  VALERIE ANDERSON, CHAIRPERSON  Darrell Weaver, Director A. Code Enforcement Report B. Special Land Use Permit  Application 2022-01SLUP: by Hare Krishna Austell, LLC for a Special Land Use Permit to allow for the continued use of an extended stay hotel/motel located at 1968  8    11/7/2022 Council Minutes  Veterans Memorial Highway (Tax ID #19130300020). Thej property is currently zoned GC, general commercial. The full staffi report and supporting documents are Mrs. Anderson made a motion to table the Special Land Use Permit due to the applicant being on travel. Seconded by Mrs. Leverette. Motionpassed. (6-0) Rezone & Annexation Request - Unaddressed Property on Maxham Road Application 2022-22R & 2022-23A: by the City of Austell on behalfo ofCobb County tor rezone and annex approximately 0.331 acres on Maxham Road (unaddressed parcel D#18025800390) from R-20 (residential) to GC (general commercial). There is no change in use for the parcel. The full staffr report and supporting documents are attached. Mr. Kimbrough opened this as ai rezoning public hearing & asked ift there was anyone present to speak on this request. Mrs. Christine Dobbs came forward & Mr. Kimbrough swore her in. Mrs. Dobbs stated this is an island containing a utility shaft that we need to close & we have been working with Cobb County (owner) of Mrs. Anderson made ai recommendation to close the rezoning public hearing.  attached.  said property.  Seconded by Mr. Lamar. Motion passed. (6-0) island needs to be closed at said property. Seconded by Mr. Myrick Motion passed. (6-0)  Mr. Kimbrough opened this as an annexation public hearing. Mrs. Dobbs stated the Mrs. Anderson made ai recommendation to close the annexation public hearing. Mrs. Anderson made ai recommendation to approve the rezoning. Seconded. by Mrs. Mrs. Anderson made a recommendation to approve the annexation. Seconded by Mr.  Leverette. Motion passed. (6-0) Myrick. Motion passed. (6-0) D. Adoption oft the 2022 Comp Plan Update city's2022 Comprehensive Plan Update.  After completing the public engagement process and receiving approval from the Georgia Department ofCommunity Affairs, Staffis recommending the adoption ofthe Mrs. Anderson made motion to approve adoption of the 2022 Comp Plan Update.  Seconded by Mr. Myrick. Motion passed. (6-0)  9    11/7/2022 Council Minutes  E. Appointment of Variance & Zoning Board of Appeals  Iti is the recommendation oft the Community Affairs Department to appoint Marla Miller to the Board of Variance and Zoning Appeals for a two-year term expiring July Mrs. Anderson made ai motion to approve the Appointment ofVariance & Zoning Board of Appeals. Seconded by Mr. Lamar. Motion passed. (6-0)  31,2024.  14.ATTORNEY, ,DUPREE & KIMBROUGH  A. No Report 15. MAYOR'S REPORT  A. A.A.C.I.C. Request for Funds  Attached is the A.A.C.I.C.I request for funds from our annual committee meeting. Mrs. Anderson made ai recommendation to approve the A.A.C.I.C. request for funds.  Seconded by. Mr. Myrick. Motion passed. (6-0)  16. ADJOURN  Mr. Myrick made ai recommendation to adjourn the meeting. Seconded by Mrs. Adams.  Motion passed. (6-0) O0Re Mayor Date  Attes  clam  (2.7.2032  10