City Council

CITY OF EUHARLEE CITY COUNCIL MEETING AGENDA JULY 6, 2021 7:00 PM CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES Rescheduled City Council Meeting 06.15.21 NEW BUSINESS 1. Firearms Discharge Ordinance James Stephens/ Resident Terry Miller 2. Food Truck Ordinance James Stephens 3. Farmers Market Greg Free EXECUTIVE SESSION - Personnel  CITY OF EUHARLEE CITY COUNCIL MEETING MINUTES JULY 06, 2021 Mayor Steve Worthington called the meeting to order, lead prayer and followed with the Pledge of Allegiance. City Manager James Stephens called the roll, and the following were present: Mayor Steve Worthington, Council Members Tim Abbott, Greg Free, David Duncan and Joe Turner. Council Member David Duncan motioned to approve the minutes from the Rescheduled City Council Meeting, 06.15.2021. Council Member Greg Free seconded the motion. The motion carried with Council Members Abbott, Duncan, Free, Turner and Mayor Worthington all voting in favor. NEW BUSINESS Firearm Discharge Ordinance – James Stephens Mayor Steve Worthington opened the floor to discuss the Firearm Discharge Ordinance due to an issue between neighbors. He asked James Stephens to take the lead with the discussion and asked all parties involved to come up front. He also asked Chief Jody Matthews and Code Enforcement Officer, Don Matthews to join them up front. Mr. Stephens stated that Don Matthews could share the integral parts of the ordinance, what was in question and rather it is a violation or not. Mr. Stephens said he was contacted by a resident of Euharlee concerning a civil inquiry in reference to a possible firearm discharge ordinance violation during hunting season. The ordinance defines a place where one lives. If a firearm is discharged within 250 feet of a dwelling it will violate the discharge ordinance. There is a barn within that footage, but does not meet the city’s definition as a dwelling, which interprets not to be a violation with the ordinance. Mr. Matthews stated that he agreed and had spoken with both homeowners. He understood the concern for both long time neighbors. The concern is someone hunting with a high-powered rifle on and could injure someone on the adjacent property. He discussed the life of the ordinance, stated houses have been built since then, and it may be necessary to re-visit the ordinance to be updated. The way the ordinance is written, even if the property owner does not hunt, it is allowed to let others hunt on the property. The council allowed each neighbor to speak; one with the concern of the location of the deer stand using a rifle to shoot could cause injuries to someone on the adjacent property, and the neighbor to allow hunting on his property because the deer is tearing up his 40 acres of land. They discussed in detail the issues, their long-time relationship as neighbors and the city ordinance. Chief Matthews said the ordinance protects the city and he read the state code definition of dwelling. O.C.G.A 16.7-1 code says, any building or structure designed and intended for occupancy for residential use, which was almost word for word with the city ordinance. He understood both sides, but if a firearm is fired and strikes a building or someone, there are state laws that prohibit that, and it would be handled by law enforcement. The minimum charge would be reckless conduct. Mayor Worthington stated they both have been friends and a great asset to the city, and it breaks his heart they have that situation. Council Member David Duncan and Council Member Greg Free both asked if it could be re-written. Mr. Stephens said, they can send to Planning and Zoning, but as the Chief stated, the city is compliant with state code and probably 80% of the cities in Georgia. He said, he only addressed the issue based on the ordinance and he sees the issue with both. He values both concerns, and grateful for their contributions to the city. Mayor Worthington suggested the Planning and Zoning review the document in detail and to review the issues from both sides. Council Member Tim Abbott stated that Mr. Evans should recuse himself from the discussion with the Planning and Zoning Commission. Council Member Joe Turner stated as a hunter, the safety is in the hands of the experienced shooter on the deer stand, and should not be shooting towards someone's property. He doesn't know the changes that can be made to the ordinance when the safety is in the person holding the gun. Council Member Duncan agreed. Food Truck Ordinance- James Stephens James Stephens, City manager stated the city has no permits for food trucks to function in Euharlee other than Food Truck Friday. He sent through email information for council to review to develop a food truck ordinance. If the council chose an ordinance, he would place it on the agenda for the Planning and Zoning Commissioner to review. If they just want a city policy, the items they received would be a good starting point. This would also give the brick-and-mortar vendors an opportunity to set up in a designated area. The policy included purchasing a permit and city staff working with the vendors for scheduling. Council continued detailed discussion about the growing food truck industry, how it would benefit the Euharlee community and a policy necessary to have food trucks and vendors to set up in Euharlee. Mr. Stephens agreed to insert cost for permits and other necessary items in the policy, and have ready for council to review during the work session. Mayor Worthington tabled the item until the next work session. Farmers Market- Council Member Greg Free Council member Greg Free stated he had been approached by several people for a Farmers Market in the city of Euharlee. He then did his research on Famers Markets in the surrounding area, and found several vendors live in Taylorsville, Stilesboro, Rockmart and Euharlee. They travel to other cities but would love to start in Euharlee. A representative from Acworth reached out to him, and agreed to send the agriculture requirements, the need for vendors and to assist the city with getting started. He stated it was not revenue driven, but to support local farmers, local businesses, to serve the community and an opportunity for the community to come together. He said it would be something, as a council, to put some plans in place and see if it would work. Council Member Abbott shared contact information from the University of Georgia Extension to assist with the planning. There are very strategic ways to do it right. He said the Cartersville market has grown since it started. He said Euharlee is a premiere destination. Council continued and discussed the possibility for a Farmers Market to include location, parking, and the benefits for the community and the local farmers. Council Member Greg Free said he would like for council to speak with other cities that currently have a Farmers Market, to give them ideas on how to start on a small scale and to see where it takes them in the future. It would be no cost to the city and quick to start. Council Member David Duncan motioned to go into Executive Session for Personnel at 8:20 pm. Council Member Joe Turner seconded the motion. The motion carried with Council Members Abbott, Duncan, Free, Turner and Mayor Worthington all voting in favor. Mayor Steve Worthington stated, the Council returned from Executive Session for Personnel at 9.05pm. There were no actions taken, no votes and no further discussion necessary. Council Member Joe Turner motioned to adjourn the meeting. Council Member David Duncan seconded the motion. The motion carried with Council Members Abbott, Duncan, Free, Turner and Mayor Worthington all voting in favor. With no further discussion the meeting adjourned at 9:05 pm.