WIS15 HOm  CITY OF THOMASTON  SPECIAL CALLED MEETING OF THE MAYOR. A AND CITY COUNCIL  SEPTEMBER 5, 2024-6:00P.M. CITY-COUNTY MEETING ROOM  THOMASTON-UPSON GOVERNMENT COMPLEX  AGENDA Minutes  A meeting ofthe Thomaston Mayorand Cityi Council was held on Thursday, September 5, 2024, at 6:00pm in the City-County Meeting Room locâtedi in Thomaston-Upsont Government Complex, on the main floor. The meeting was advertised and was open to the public.  Attendance:  Mayor - John David' "J.D." Stallings  Mayor Pro Tem/C Councilmember- Doug Head (AtLarge) Councilmember- - Lakeitha Reeves (District1) Councilmember - JeffMiddlebrooks (District 2) Councilmember - Don Greathouse (District4 4) City Manager- - Russell Thompson Upson County Tax Commissioner Andy Chastain  The City of Thomaston is committed to providing equal access to all ofi its programs, services and activities regardless of race, color, national origin, religion, sex, familial status, disability or age. Anyi individual who needs an accommodation because of disability should contact the City Manager's Office at (706) 647-4242 Ext. 4 as far in advance of a meeting as  possible.    Reverend Ed Searcy  Thomaston-Upson IDA Director- - Slade Gulledge Upson Beacon Managing Editor - Bridge Turner Executive Assistant - Taylor Loudermilk City Clerk - Oasis Nichols - Not Present  Fun 101.1 -] Dave Piper  Councilmember Ryan Tucker (District 3) - Not Present  *Audio Recording and the sign-in sheet are available upon request. *  A. Opening of Meeting and Call to Orders  Mayor Stallings opened the meeting and asked Reverend Ed Searcy to lead the innovation.  B. Discussion and Potential Adoption of City Millage Rate Ordinance  There was a discussion on howt the City Counçil decided to split the necessary cost increase between property taxes and utility fees. TheMayor made as statement that they did not want to raise taxes-and that hopefully the discrepancies with the property assessments will be  addressed and corrected soon/  Result: Second Read and Vote: The motion was'passed to approye and set the millage rates The ordinary current expenses of said City a tax of 3.917 mills upon the value of said property and for the joint projects' current expenses of said City a tax of2.997 mills upon  as follows:  the value of said property. (Ordinance Number 1221) First Motion: Councilmember Head (AtLarge) Second Motion: Councilmember Middlebrooks (District2 2)  Vote: Unanimous  The City of Thomaston is committed to providing equal access to all of its programs, services and activities regardless of race, color, national origin, religion, sex, familial status, disability or age. Any individual who needs an accommodation because of disability should contact the City Manager's Office at (706) 647-4242 Ext. 4 as fari in advance of a meeting as  possible.    C.D Discussion and potential Adoption of Trash Ordinance Amendment  (Residential and Commercial)  Result: Second Read and' Vote: The motion was passed to approve the amendment to add as $25.00 fee for disposal ofi materials not being called in to schedule aj pickup. (Ordinance  Number 1222)  First Motion: Councilmember Greathouse (District 4) Second Motion: Councilmember Head (AtLarge)  Vote: Councilmember Greathouse - Yes, Councilmember Middlebrooks = No, Councilmember Reeves-No, Councilmember Head - Yes. Mayor Stallings broke two to D. Discussion and Potential-Adoption of Small Discount Box Store Moratorium  two tie and voted yes. Extension  1825  Result: Second Read and Vote: The motion was passed to approve the: moratorium extension ordinance to continue until March5.2025-Oninane Number 1223)  First Motion: Councilmember Greathouse (District.4) Second Motion: Councilmember Head (At Large)  Vote: Unanimous E. Other Business There was no other business F.A Adjournment  Result: The: meeting was adjourned at 6:14pm First Motion: Councilmember Middlebrooks (District2) Second Motion: Councilmember Head (AtI Large)  Vote: Unanimous  The City of Thomaston is committed to providing equal access to all ofi its programs, services and activities regardless of race, color, national origin, religion, sex, familial status, disability or age., Any individual who needs an accommodation because of disability should contact the City Manager's Office at (706) 647-4242 Ext. 4 as fari in advance of a meeting as  possible.    Respectfully Submitted,  Bon Nilos  Thom Official Seal Georgle. live Depa  Oasis Nichols, City Clerk Approved as written,  Mayor, John David "J.D." Stallings  1.1825  The City of Thomaston is committed to providing equal access to all of its programs, services and activities regardless of race, color, national origin, religion, sex, familial status, disability or age. Any individual who needs an accommodation. because of disability should contact the City Manager's Office at (706) 647-4242 Ext. 4 as far in advance of a meeting as  possible.    THIIA  5 40 Name  corc  Somice SCSACy  ina  A    THOL  HISI5  CITY OF THOMASTON  SPECIAL CALLED MEETING OFTHE MAYOR AND CITY COUNCIL  SEPTEMBER 5, 2024-6:00P.M. CITY-COUNTY MEETING ROOM (MAIN FLOOR) THOMASTON-UPSON GOVERNMENT COMPLEX  AGENDA Amended  A. Opening of Meeting and Call to Order  B. Discussion and Potential Adoption of City Millage Rate Ordinance  C.D Discussion and Potential Adoption of Trash Ordinance Amendment  (Residential and Commercial)  D. Discussion and Potential Adoption of Small Discount Box Store Moratorium  Extension E. Other Business F.A Adjournment  The City of Thomaston is committed to providing equal access to all of its programs, services and activities regardless of race, color, national origin, religion, sex, familial status, disability or age. Any individual who needs an accommodation because of disability should contact the City Manager's  Office at (706) 647-4242 Ext 4 at least 24 hours prior to the meeting.    STATE OF GEORGIA CIYOFTHOMASION  ORDINANCENO.  ANORDINANCE OFTHE CITY COUNCIL OFTHOMASTON, GEORGIA, TO AMENDSECTION702. - PREPARTAIONOFS GARBAGE, RUBBISH, YARDWASTE AND BROWN AND WHITE GOODSGINIRAIKANDTHEPLACEMINTOF, ALL SOLID WASTEI FOR: PICKUP, TOSET: FORTH COST ALLOCATIONTOCUSTOMERS THATFAILTOCALL INNON/CONTAINERZED MATEKIAISTOREPEAL CONFLICTING CODESECTIONS; TO SET AN EFFECTIVE DATE; ANDLIKE  PURPOSES.  BEITO ORDAINED, by the Council of the City of Thomaston, Georgia, and itis  hereby ordained by virtue of the authority thereof, as follows:  SECTION ONE  The Code of the City ofThomaston, Georgia, Section70-29; be and itl hereby is  amended to read as follows:  Sec. 70-29.-1 Preparation of garbage, rubbish, yard waste and brown and white goods (4) 1. Customers are allowed to have sticks and limbs that exceeds six inches in diameter or five feet in length, or brown and white goods, or a combination thereof, picked up by calling the city's duly approved and licensed independent contractor(s) two (2) times per month. Said materials may be placed at curb or alley side, but it shall not be placed:  generally, and the placement of all solid waste for pickup.  a. Within 15 feet of any utility poles or fixtures, plants, or other obstacles;  b. Under any type of utility service lateral;  C. Nor within the streets or alleys sO as to obstruct traffic or storm drains;  or  1Page    d. On the curb or alley side sooner than 24 hours prior to the scheduled  pickup.  2. The two (2) scheduled pickups shall result in no additional cost. However, any customer that exceeds two (2) scheduled pickups within a month shall pay the cost associated therewith directly to the contractor. Additionally,ifa customer sets out non-containerized materials described in (4)1. above, but fails tos schedule a pickup, the additional cost of $25 will be assessed against, and 3. Any appliances containing freon, such as refrigerators, freezers, or air conditioning units will not be collected unless all freon based gases have been  added to the bill of, the customer.  removed and sol labeled by a qualified technician.  SECTION TWO  All other portions of Chapter 70-29 not herein amended shall remain in full force  and effect.  SECTIONTHREE  All ordinances or parts of ordinances in conflict with this ordinance are hereby  repealed.  SECTION FOUR  Ifany section, clause, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no  way effect the validity of the remaining portions of this ordinance.  SECTION FIVE  The amendments set forth in this ordinance shall become effective upon the  adoption thereof.  2Page    '4  The foregoing ordinance was adopted by the City Council of the City of  Thomaston, Georgia, and transmitted by me to thel Mayor, this  day of  2024.  City Clerk, City of Thomaston, Georgia  Approved by me and returned to said City Clerk as "approved",this  day  of  2024.  Mayor, City of Thomaston, Georgia  3IPage    ORDINANCENO.  AN ORDINANCE OF THE CITY OF' THOMASTON, GEORGIA, LEVYING ADVALOREM7 TAXES UPON ALL' TAXABLEPROPEKTY, REAL AND PERSONAL, WITHIN THE MUNICIPALCORPORATE LIMITS OF SAID CITY SUBJECTTO: TAXATION ANDPROVIDING FOR' THE COLLECTION THEREOF FOR THE CALENDAR YEAR 2024; AND FOR LIKE PURPOSES.  BEI IT ORDAINED, by the City Council of the City of Thomaston, Georgia, andi it is hereby ordained by virtue of the authority thereof as follows, to-wit:  SECTION1  The' Tax Assessors of the County of Upson having made a return of their work to the Mayor and Council, said' Tax Assessors' assessments and digest are hereby adopted by the Mayor and Council of said City of Thomaston, Georgia, and the City Council of said City does hereby levy on all such property, real and personal, not otherwise lawfully exempt therefrom, excluding, however, from such levy, 100% of the value of the personal property described and defined in OCGA $48-5-48.2 all in accordance with the Freeport Resolution" of the Mayor and Council of said City dated August 21, 1990, within the municipal corporate limits of said City according to the assessment thereof as the same appears upon  said digest, the following ad valorem taxes, to-wit:  For the ordinary current expenses of said City a tax of 3.917 mills upon the For the joint projects current expenses of said City a tax of 2.997 mills  value of said property.  upon the value of said property.  SECTION2  The aforesaid taxes are levied for the purposes set out in Section 11 hereof for the calendar year 2024, upon all such taxable property in said City which is taxable for calendar year 2024, and may be paid without penalty on or before the sixtieth day after the date of the postmark on thel Notice of' Taxes Due.    SECTION3  Upon the failure of any person to pay the taxes levied herein promptly, on or before the sixtieth day after the date of the postmark on the Notice of Taxes Due, said taxes shall be collected by tax execution as provided by law.  The foregoing ordinance this day adopted by the City Council of the City of' Thomaston, Georgia, and transmitted by me to the Mayor for this approval,  this  day of  2024.  OASIS NICHOLS, City Clerk City of' Thomaston, Georgia  Approved by me and returned as 'approved" to said City Council, in open  meeting, this  day of  2024.  .D.STALLINGS, MAYOR City ofThomaston, Georgia    CERTIFICATION  GEORGIA, UPSON COUNTY  Ltheundersigned, Clerk of the City of Thomaston, Georgia, and the keeper of the records and the seal thereof, do hereby certify that the within and  foregoing is a true and correct copy of Ordinance No.  approved by the  Mayor and Council on the  day of  2024.  This the  day of  2024.  OASIS: NICHOLS, City Clerk City of Thomaston, Georgia    ORDINANCENO.  AN ORDINANCE BY THE MAYOR AND COUNCIL OF' THE CITY OF THOMASTON, GEORGIA, EXTENDING THE MORATORIUM ON' THE ACCEPTANCE OF. APPLICATIONS FOR PERMITS, LICENSES OR INSPECTIONS RELATED TOTHE DEVELOPMENT OF SMALL BOX DISCOUNT STORES; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE: FOR AN. ADOPTIONI DATE AND EFFECTIVE DATE; TO PROVIDE A PENALTY; ANDI FOR OTHER  PURPOSES.  WHEREAS, the City of" Thomaston has been vested with substantial powers, rights and functions to generally regulate the practice, conduct and use of property for the purposes of maintaining health, morals, safety, security, peace  and the general welfare of the City of Thomaston; and  WHEREAS, Georgia law recognizes that local governments may impose  moratoria on zoning decisions, building permits and other development approvals where exigent circumstances warrant the same, pursuant to case law found at CityofRoszell et al. 1. Outdoor Systems, Inc., 274 Ga. 130, 549S.E.2d90 (2001); Lawson U. Macon, 214 Ga. 278, 104 S.E.2d 425 (1958); Tayloru. Shetzen, 212  Ga. 101, 90S.E.2d 572 (1955); and  WHEREAS, the Courts take judicial notice of a local government's  inherent ability to impose moratoria on an emergency basis; and  Page 11    WHEREAS, the Georgia Supreme Court, in the case of DeKalb Countyu. Townsend, 243 Ga. 80 (1979), held that, "Tojustify a moratorium, it must appear first, that the interests of the public generally, as distinguished from those ofa particular class, require such interference; and second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive uponindividuals." The City of' Thomaston has found that the interests of the public necessitate the enactment of a moratorium for health, safety,morals and general welfare purposes by means which are: reasonable and  not unduly oppressive; and  WHBREAS, the Mayor and Council of the City of Thomaston, have, asa part of planning, zoning and growth management, been in review of the City's Zoning Ordinances and have been studying the City's best estimates and projections of the type of development which could be anticipated within the  City of Thomaston; and  WHEREAS, the Mayor and Council have engaged the services of an attorney to revise the zoning ordinance, and while substantial time and effort has been expended to make revisions to the zoning ordinance, the revisions are not complete and additional time is needed in order to prepare and adoptrevisions that the Mayor and Council deem appropriate and necessary for small box discount stores, and therefore, the Mayor and Council deem it important to  Page 12    continue to review the Zoning Ordinance as it pertains to small box discount stores, and to continue to develop a comprehensive plan which integrates all of these concerns and therefore they consider this moratorium a proper exercise of  its police powers; and  WHEREAS, the Mayor and Council therefore consider it paramount that land use: regulation continue in the most orderly and predictable fashion with the least amount of disturbance tol landowners and to the citizens of the City of Thomaston. The Mayor and Council have always had a strong interest in growth management sO as to promote thei traditional police power goals of health, safety, morals, aesthetics and the general welfare of the community; in particular, the lessening of congestion on City streets, security of thej public from crime and other dangers, promotion of health and general welfare of its citizens, protection of the aesthetic qualities of the City including access to air and light, and facilitation of the adequate provision of transportation and other public  requirements; and  WHEREAS, iti is the belief of the Mayor and Council of the City of Thomaston that the concept of "public welfare" is broad and inclusive; that the values it represents are aesthetic as well as monetary; and that it is within the power of the City "to determine that a community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled, 1  Page 13    Berman U. Parker, 3481 U.S. 26, 75S.Ct.98 (1954); Kelou. Cityo ofNew London, 545 US.469,1255.Ct: 2655, 162L.Ed.2d 439 (2005). Itis also the opinion of the City that' "general welfare" includes the valid public objectives of aesthetics, conservation of the value of existing lands and buildings within the City, making the mosta appropriate use of resources, preservringnegnporood characteristics, enhancing and protecting the economic well-being of the community, facilitating adequate provision of public services, and the preservation of the resources of  the City; and  WHEREAS, the Mayor and Council are, and have been interested in, developingacohsiveand coherent policy regarding certain uses in the City, and have intended to promote community development throughs stability,  predictability and balanced growth which will further the prosperity of the City  as a whole.  NOWTHEREOFRE BEIT RESOLVED by the Mayor and City Council of the City of Thomaston, Georgia, and iti is hereby ordained by virtue of the  authority thereof as follows, to-wit:  SECTIONI. FINDINGSOFFACT  The Mayor and Council of the City of Thomaston hereby make the  following findings of fact:  Page 14    (a) Itappears that the City's development ordinances and/or Zoning Ordinances and/or Comprehensiveland Use Plan require an additional review by the City ofThomaston as they relate to the development of small box discount  stores;  (b) Substantial disorder, detriment and irreparable harm would result  to the citizens, businesses and City of Thomaston if the current land use regulation scheme in and for the above described use in the City were to be utilized by property owners prior to a more thorough review;  (c) The City's ongoing revision of its code, comprehensive plan and zoning ordinances requires that a limited cessation of development and building permits, occupation tax permits, and other licenses and permits, with respect to  small box discount stores, be enacted;  (d) Itis both necessary and in the public interest to delay, for a reasonable period of time, the processing of any applications for such developments, to ensure that the design, development and location of the same are consistent with the long-term planning objectives of the City; and  (e) That the Georgia Supreme Court has ruled that limited moratoria are: reasonable and do: not constitute land use when such moratoria are applied  Page 15    throughout the City under CityofRoswell, et al. U. Outdoor Systems, Inc., 274 Ga.  130, 549S.E.2d90 (2001).  SECTIONIL.  IMPOSITION OFMORATORIUM  (a) There: is hereby imposed a moratorium on the acceptance by the staff of the City of Thomaston of rezoning or the acceptance of applications for variances, permits or inspections for the development of any small box discount stores, or for any othér license or permit, for the purpose of authorizing such or similar uses as described in the Zoning Ordinance of the City of' Thomaston.  (b) "Small box discount stores" shall include any business that is primarily engaged in the sale of convenience retail goods and consumer retail goods, which has a minimum floor area of 3,000 square feet available to the public and a maximum of 12,000 square feet, and continuously offers a majority of thei items in its inventory for sale at a price per item of $10.00 or less, adjusted forinflation. Stores that contain a pharmacy or sell gasoline or diesel are  excluded.  (c) The effective date of this moratorium shall be the date ofits  adoption.  Page 16    (d) The duration hereof shall be until the City adopts a: revision of the City Code of the City of' Thomaston related to the above referenced use or until  202 whichever first occurs.  *  (e) This moratorium shall have no effect upon approvals or permits previously issued or as to development of plans previously approved by the City. Thej provisions of this Ordinance shall not affect the issuance of permits or site plan reviews that have received preliminary or final approval by the City on  or before the effective date of this Ordinance.  (f) As of the effective date of this Ordinance, no applications for  rezoning, development, variances or permits for small box discount stores will be accepted by any agent, employee or officer of the City with respect to any property ini the City of' Thomaston, and any permit sO accepted for filing will be deemed an error, null and void and of no effect whatsoever and shall constitute no assurance whatsoever of any right to engage in any act, and any action in  reliance on any such permit shall be unreasonable.  (8) The following procedures shall be put in place immediately. Under Cannon U. Clayton County, 255 Ga. 63, 335S.E.2d 294 (1985); Meeks U. Cityof Buford, 275 Ga. 585, 571 S.E.2d 369 (2002); CityofDuluth J. Riverbroke Props., 233 Ga. App. 46, 502S.E.2d 806 (1998), the Supreme Court stated, "Where a  Page 17    landowner makes a substantial change in position by expenditures and reliance on the probability of the issuance of a building permit, based upon an existing zoning ordinance and the assurances of zoning officials, he acquires vested rights and is entitled to have the permit issued despite a change in the zoning ordinance which would otherwise preclude the issuance of a permit." Pursuant to this case, the City of Thomaston recognizes that, unknown to the City, de facto vesting may have occurred. The following procedures are established to provide  exemptions from the moratorium where vesting has occurred:  A written application by a land owner, including verified supporting data, documents and facts, may be made requesting a review by the Mayor and Council at a scheduled meeting of any facts or circumstances which the applicant feels substantiates a claim for vesting and the grant of an exemption.  SECTION III.  (a) Itis hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are and were, upon their enactment, believed by the Mayor and Council to be fully  valid, enforceable and constitutional.  (b) Itis hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph,  Page 18    sentence, clause and phrase of this Chapter is severable from every other section, paragraph,sentence, clause or phrase of this Ordinance. Itis hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence,  clause or phrase of this Ordinance.  (c) In the event that any phrase, clause, sentence, paragraph or section  of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment of decree of any court of competentjuridirtion, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law,not render invalid, unconstitutional, or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the Ordinance shall remain valid, constitutional, enforceable and of full force and effect.  SECTIONIV.  AII Ordinances or parts of Ordinances in conflict with this Ordinance eare,  to the extent of such conflict, hereby repealed.  Page 19    SECTIONV.  The preamble of this Ordinance shall be considered to be, and is hereby  incorporated by reference as if fully set out herein.  The foregoing ordinance was adopted by the City Council of the City of  Thomaston, Georgia, and transmitted by me to thel Mayor, this  day of  2024.  OASISNICHOIS, CITY CLERK  Approved by me and returned to said City Clerk as "Approved",this  day of  2024.  D.STALLINGS, MAYOR  Page 110