MINUTES CITY COUNCIL REGULAR MEETING G.L. Gilleland Council Chambers on 2nd Floor Monday, December 2, 2024 5:00 P.M. 1. CALL1 TO ORDER: Mayor Walden called the meeting to order at 5:00 pm. 2. ROLL CALL: Present were Councilmember William Illg, Councilmember Sandy Sawyer, Councilmember Mark French, Councilmember Caleb Phillips, City Attorney Kevin Tallant, City Manager Bob Bolz, City Clerk Beverly Banister, Public Works Director Trampas Hansard, Utility Director Jacob Barr, Finance Director Robin Gazaway, Downtown Development Director Amanda Edmondson and Planning Director Ron Haynie. 3. INVOCATION AND PLEDGE: Invocation and pledge were led by Councilmember Illg. 4. ANNOUNCEMENTS: The Mayor invited the public to the 165th Anniversary Celebration of the City to be held this evening at the Gordon Pirkle Room starting at 6:00 pm. He also wished the City 5. APPROVAL OF THE AGENDA: Motion to approve the agenda as presented made by M. French; 7. CONSENT AGENDA: Motion to approve the consent agenda for the following items (a-c) made by Manager, Bob Bolz, a Happy Birthday. second by' W. Ilig. Vote carried unanimously in favor. 6. PUBLIC INPUT: None W. Illg; second by S. Sawyer. Vote carried unanimously int favor. a. Approve Minutes Regular Meeting and Work Session held November 18, 2024 b. Approve Equipment Lease Agreement for Printeri in Planning & Zoning Approve FY 2025 Local Maintenance and Improvement Grant (LMIG): Approved, project to soil cement, repave and repair sidewalks on Maple Street South and to approve a 30% match of $14,817.96 out of the FY 2025 budget; funding will be combined with FY 2023 and FY 2024 LMIG funding. JSINESS 8. PROCLAMATION: CELEBRATING THE 165"H ANNIVERSARY OF THE CITY OF DAWSONVILLE: 9. FY 2023-2024 FINANCIAL AUDIT PRESENTATION BY ALEXANDER, ALMAND & BANGS: Rachel Miller, CPAfrom. Alexander, Almand & Bangs, presented the audit report of the City's financial statements of the governmental activities for the fiscal year July 1, 2023 through June 30, 2024 and reviewed some key areas of the audit. The City received a clean opinion of the financial statements. City Manager Bolz read a proclamation he just received from Representative Will Wade 10. RESOLUTION NO. R2024-06: ADOPT THE DAWSON COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN: Motion to approve Resolution No. R2024-06 as presented made by 11. CONSIDERATION OF CITYHALL EARLY CLOSURE ON DECEMBER 17, 2024: Motion to approve the closure of City Hall on Tuesday, December 17, 2024 from 11:30 am - 4:30 pm to accommodate for a Christmas luncheon for the staff and to pay the staff for the time off made by M. French; second Mayor Walden read the proclamation. concerning the celebration of the City's 165th anniversary. C.F Phillips; second by M. French. Vote carried unanimously in favor. (Exhibit "A") by S. Sawyer. Vote carried unanimously in favor. MAYOR AND COUNCIL REPORTS: Councimember Ilg stated the weather is cold and to check on your neighbors. Councilmember Sawyer announced she attended Leadership Dawson this month with Downtown Director Edmondson. The theme was poverty and they visited Rick-Rack, the Senior Center and participated in a poverty simulation. She invited Director Edmondson to share her thoughts on the day. Director Edmondson stated how hard it is for families and individuals to get by in these times and she is thankful for the community and the many resources provided within Dawson County. Page 1 of2 MINUTES CITY COUNCIL REGULAR MEETING G.L. Gilleland Council Chambers on 2nd Floor Monday, December 2, 2024 5:00 P.M. Mayor Walden expressed his appreciation for all who helped with the Christmas program and was At5:20p.m. amotion to close regular session and goi into executive session for real estate acquisition, pending/potential litigation and/or personnel was made by M. French; second by' W. Illg. Vote carried At 5:47 p.m. a motion to close executive session was made by M. French; second by W. Illg. Vote Motion to resume regular session was made by M. French; second by C. Phillips. Vote carried grateful to see the community come out for the event. EXECUTIVE SESSION unanimously in favor. carried unanimously in favor. unanimously in favor. RESERVED FOR POTENTIAL ACTION ON EXECUTIVE SESSION ITEMS, IF NEEDED Attorney Tallant explained he is requesting the City's approval of a resolution in support of the City of Milton's efforts to have the Georgia Supreme Court take up a case in which the City was issued a Motion to approve Resolution No. R2024-07 in support of the City of Milton made by W. Illg; second At 5:50 p.m. a motion to adjourn the meeting was made by S. Sawyer; second by M. French. Vote judgement against them for an object that was in it's right-of-way. by C. Phillips. Vote carried unanimously in favor. (Exhibit "B") ADJOURNMENT carried unanimously ini favor. Approved this 16th day of December 2024 By: CITY OF DAWSONVILLE BEL J6hn Walden, Mayor 2PAR Caleb Phillips, Councilmember Post1 Cau - William Illg, Sandra Sawyer, Çouncilmember Vatuee Mark French, Councimember Post 4 E DANVSO Attest Beverly A, Bânister, City Clerk TORON Page 2 of2 STATE OF GEORGIA COUNTY OF DAWSON AFFIDAVIT OF THE CITY OFI DAWSONVILLE MAYOR AND COUNCIL Mayor John Walden, Councilmember Caleb Phillips, Councimember William Illg, Councilmember Sandra Sawyer and Councilmember Mark French; being duly sworn, state under oath that the following is true and 1. The City of Dawsonville Council met in a duly advertised meeting on! December 2, 2024. accurate to the best of their knowledge and belief: 2. During such meeting, the Board voted to goi into closed session. 3. The executive session was called to order at 520 p.m. 4. The subject matter of the closed portion of the meeting was devoted to the following matter(s) within the exceptions providedi int the open meetings law: (check all that apply) Consultation with the City Attorney or other legal counsel to discuss pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the City or any officer or employee or in which the City or any officer or employee may be directly involved as provided in O.C.G.A. S 50-14-2(1); Discussion of taxi matters made confidential by state law as provided by O.C.G.A. $5 50-14- Discussion of future acquisition of real estate as provided by O.C.G.A. 9 S 50-14-3(b)(1); Discussion or deliberation on the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating ofa a City officer or 2(2) and employee as provided in O.C.G.A. S 50-14-3(b)(2); Other_ as provided in: This 2nd day of December 2024; By the City of Dawsonville, Mayor and Council: W KE Caleb Odan Williamillg, Counciimember Post#1 99 Mark French, Colncilmember Post#4 a Sworn to and subscribed before me this 2 day of_ December Epabauge Signature/lotaryl Public My Commission expires: Feb 18 L A. AA PUR MY COMMISSION EXPIRES 2/18/2028 2024 POUNTY. 20 2 RESOLUTION NO. R2024-06 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF DAWSONVILLE TO ADOPT THE DAWSON COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN2024-2029 UPDATE WHEREAS, Dawson County and the City ofDawsonville recognize that it is threatened by a number of different natural and man-made hazards that can result in loss of life, property loss, economic hardship and threats to public health and safety; and WHEREAS, the Federal Emergency Management Agency (FEMA) has required that every county and municipality have a pre-disaster mitigation plan in place, and requires the adoption of such plans in order to receive funding from the Hazard Mitigation Grant Program; and WHEREAS, a Hazard Mitigation Plan is a community's plan for evaluating hazards, identifying resources and capabilities, selecting appropriate actions, and developing and implementing the preferred mitigation actions to eliminate or reduce future damage in order to protect the health, safety and welfare oft the: residents in the community; and WHEREAS, the Dawson County Mult-Jurisdictional Hazard Mitigation Plan 2024 - 20291 Update has been prepared in accordance with FEMA requirements at 44 CFR 201.6; and WHEREAS, the Plan will be updated every five.years; NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Dawson County, Georgia and the Mayor and Council of the City ofDawsonville each meeting in 1. Dawson County, Georgia, the City of Dawsonville have adopted the Dawson County 2. Iti is intended that the Plan be a working document and is the first of many steps toward improving rational, long-range mitigation planning and budgeting for Dawson County PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of respective session, that: Mult-Jurisdictional Hazard Mitigation Plan 2024- - 2029 Update; and and the City ofDawsonville. Dawsonville, Georgia in regular session this 2 day of December 2024. MAYOR, AND DAWSONVILLE CITY COUNCIL By: John AG Walden, Mayor ACE Caleb Phillips, Councilmember Post1 Page 1of2 Exhibit "B" William Illg, CK 4g h S Sandy Saywyer, Coincilmembe-Post3 aer Mark French,Comncilmember Post4 ATTEST: lem Beverly-A Banister, City Clerk AVSO a. Ou Page 2 of2 Exhibit "B" RESOLUTION NO. R2024-07 A I RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF DAWSONVILLE, GEORGIA (The "CITY") AUTHORIZING PARTICIPATION IN AN AMICUS BRIEFI IN THE CHANG V. CITY OF MIILTON APPEAL WHEREAS, there is presently pending before the Court of Appeals and/or Supreme Court of Georgia an appeal of a civil lawsuit that, at the trial court level, was referred to as Chang, et. al. .v.City ofMilton, State Court of Fulton County, Case No. 18EV004442; WHEREAS, the case involves a claim of liability against the City of Milton for personal injuries due to a 2016 vehicle collision with a fixed obstruction (a masonry planter) located on City-owned right of way where the obstruction was outside the motoring lanes oftravel; WHEREAS, the masonry planter had been at the same location since 1992 and had WHEREAS, at the trial court, the City of Milton was found to be partially at fault and a WHEREAS, the Court of Appeals affirmed the findings of the trial court, City of Milton WHEREAS, the Court of Appeals ruled that the "planter... was a hazard for vehicles leaving the travel lanes" and that its presence "renders the use of these thoroughfares more never been the subject ofa complaint or prior accident; jury awarded money damages against the City ofN Milton of $35,000,000; v.Chang, et.al., 2024 WL4195584 (Chang appellate ruling); hazardous;" WHEREAS, the CITY is concerned by the Court of Appeals decision finding that a municipality may be liable for fixed obstructions located outside the motoring lanes of travel where the obstruction had never been the subject ofa prior collision or complaint; WHEREAS, the CITY believes the Court of Appeals decision is inconsistent with WHEREAS, the CITY believes the financial implications of the Court of Appeals NOW THEREFORE BE IT RESOLVED, that the CITY does hereby authorize participation in an amicus brief before the Georgia Supreme Court asking that the Chang appellate ruling be taken by the Supreme Court and reversed. An amicus brief sO tendered may existing legal precedent and should be overturned; and, decision could be devastating for Georgia municipalities. include the City's name as aj participating party. This 2nd day of December, 2024. (Signatures onj following page) Page 1 of2 Exhibit "B" MAYORANDDAWSONVIZECITYCOUNCIL By: Walden, Mayor Councilmember Post 1 ay CC William Illg, Coucilvembpostz t S Councilmember Post3 Mark French, Councilmember! Post 4 ATTEST: a.balwy Ser Beverly-A. Banister, City Clerk Page 2 of2 Exhibit' "B"