City Commission

ROME CITY COMMISSION Monday, July 22, 2024 The Rome City Commission met at 6:30 p.m. this date in the City Commission Chambers of City Hall, 601 Broad Street. Mayor McDaniel and Mayor Pro Tem Bojo were present, along with Commissioners Brock, Beeman, Doss, Quick, Collins, and Robinson. Commissioner Cochran was absent and excused. Commissioner Collins opened the meeting with prayer and led in the salute to the flag. Minutes – July 8, 2024 and July 18, 2024 The Minutes of the July 8, 2024, meeting and the July 18, 2024, Special Called Meeting, as submitted in writing by the Secretary, were approved by unanimous consent. Steve Smith – Small Bar Ordinance Comments Mr. Steve Smith, manager of Harvest Moon Café, 234 Broad Street, was present to present comments regarding the proposed small bar ordinance. Mr. Smith introduced Anthony Barba, owner and operator of La Scala/400 Bar and Jeremy Duke, owner and operator of Mellow Mushroom and Moe’s Original BBQ. Mr. Barba and Mr. Duke were present to support Mr. Smith with his concerns. Mr. Smith presented the following comments, in writing, earlier today regarding the small bar ordinance. “Full service restaurant operators employ large numbers of local citizens in Rome. At harvest Moon as an example nearly 180 staff are employed in various capacities. Dozens of local musicians also require the success of our business for their livelihood as well. The “Small Bar” intends to employ very few, it seeks to leech away the profitability and steal seated guests from full service restaurant operations and from their employees who depend upon these guest visits for their livelihood. This proposed ordinance change will diminish the number of staff to be employed even at locations that can weather the financial storm that this commission is brewing. It will cause the failure of others and it will reduce future expansion and growth potential within this vital sector. Full service restaurant operators are uniquely burdened with high costs. The National Restaurant Association tracks data indicating that the “average” successful full service restaurant operation runs on a pre-tax profit of between 3 and 5% of their gross revenue. Most smart businessmen shy from these investments as simply far too risky. Liquor sales are absolutely vital to the success of most full service restaurants. These sales represent butts in seats, traffic. This traffic in turn generates business for other nearby retail merchants and businesses. These sales are viewed as add-on sales and represent a tremendous offset to the very high labor, food and many other costs and high overhead that burden most all restaurants. When you make a decision to leech away that traffic and that profitability you directly harm full service restaurants and create a burden that some will not survive. You also greatly diminish the likelihood of future business and economic expansion within the vital restaurant sector, you risk creating a vacuum. We risk a future downtown full of nearly empty vape shops and half full saloons employing very few. 1 A restaurant’s success rate is estimated at 20% by the National Restaurant Association. According to a study published by Ohio State University, later published by CNBC, stated that 60% of restaurants fail in their first year, and within five years 80% of those remaining do not survive. Faced with these well established facts the rate of new restaurant startups has been in decline for decades. This fact has been a significant factor in the growth of major chains historically, many of which export their profits diminishing the economic benefits including many of the jobs and payroll that would otherwise pass into a local economy. These daunting statistics are going to be greatly exacerbated by this commission’s decision to continue seeking special variance ordinance changes that by design intend to leech away traffic and profitability from full service restaurant operators. We believe that small locally owned restaurants contribute greatly to the vibrancy of Downtown Rome. Rome’s Downton has a long history of economic success but also of recurring and history failures and economic blights. We believe that the current vibrancy of Downtown Rome can be traced in no small part to the addition and success of Full Service restaurants that generate traffic and create appeal with tourists driving tourism throughout our community, creating and sustaining jobs and businesses to business economic impact. Other retail businesses that thrive on traffic generated by full service restaurants are also being placed at risk by these thoughtless endeavors. Make no mistake these decisions have greatly increased the financial burden on full service restaurants. The commission has acted irresponsibly in regard to allowing special variances, and it needs to stop. Precedent alone should not be the cause of continuing a path that is ill fated. In recent years we have seen full service restaurants come and go at an increasingly higher rate of failure. We believe that many of these may have survived had the vital profits from their liquor sales and the traffic generations not been leeched away by the commission’s stance on allowing more and more small bar operators to enter the space. We seek sustained presence of full service restaurants downtown, we seek more adverse economic impact. More restaurants will bring more traffic and everyone benefits. Thei pie gets bigger, everyone’s slice gets bigger. This is not the case for “small bars’ which we believe will mostly leech form existing traffic and not add to it. We implore you all, PLEASE do not pass this amendment, defeat it and PLEASE stop requiring us to stand and defend ourselves over this very same issue by allowing it to come before you again and again as has been the case over the past several years. Furthermore, in consideration of the drafted amendment we call out some glaring problems in its format and presumed intent: 1. The definition of “small bar” describes maximum square footage as 1800 square feet. This is NOT a small bar. Arguably, The Dark Side Bar at Harvest Moon Café is one of the high volume bars downtown. The total “accessible” square footage inside and outside Dark Side is less than 1140 square feet, as an example. As written the proposal allows a “small bar” to actually be a quite large bar in our view, allowing for a far greater “leech” on traffic of full service restaurants, many of whom have much smaller areas to compete for that traffic. 2. The special hours proposed we believe intend to diminish the impact on restaurants are backward in our view. Most restaurants are already closed during the late night hours. The need to provide Liquor as an amenity to most full restaurant experience and traffic occurs during the 2  hours the restaurant is operating. In fact the extraordinarily high volume of drink-only traffic occurs after 10pm not before. Make no mistake, we do not support this amendment in any way. However, if were to be passed, it should confine operation of the “small bars” to after the hour of 10pm and not before it. I reiterate: PLEASE defeat this amendment. Study the facts more carefully, consider the unintended result that your actions may create. DO NOT preside over the actions that cause the next great decline of our vibrant Downtown. Recognize the cause and effect and govern what improves and benefits the existing and future growth, this amendment does not accomplish anything positive. Do not continue to allow future variances that only serve to avoid the positive framework and foundation of growth that the existing ordinance has provided. DO NOT fix what is NOT broken. Defeat this amendment and stop allowing preposterous and ill conceived variances that serve to harm the prosperity of Downtown Rome.” Mayor McDaniel thanked Mr. Smith for his comments. Small Bar Ordinance and Alcohol Sales Permit Ordinance Amendment Secretary Smith announced that the Alcohol Control Commission had recommended that the small bar ordinance and an amendment to the alcohol sales permit ordinance be considered for adoption. Both ordinances are being placed on first reading tonight with second readings and votes scheduled for the August 12th City Commission meeting. Commission Doss requested that two amendments be made to the proposed small bar ordinance. Doss specified that the size of the small bar, as defined in the ordinance, be reduced from 1800 sqft to 1200 sqft. He also requested that the closing time for small bars be 11:00 p.m. rather than midnight. There were no objections to Commissioner Doss’s request and these amendments will be made to the ordinance, which is now placed on first reading. Z24-07-01 Rezone 3 Westlyn Drive Commissioner Quick introduced rezoning file Z24-07-01, the request to rezone property located at 3 Westlyn Drive and identified by Floyd County Tax map number H13X-317, from Community Commercial to Suburban Residential. The Planning Commission has unanimously recommended approval of the rezoning. Rome/Floyd Planning Director Brice Wood reviewed this file, displaying maps and photographs of the subject and surrounding properties. Mr. Wood stated that the property continues to be used for residential purposes. Mayor McDaniel called a public hearing to order. Speaking in favor of the rezoning request was Ms. Marka Palmer, 16 Riverview Road. Ms. Palmer stated this property belongs to her mother and she would like to have it correctly rezoned to Suburban Residential. There was no one else to speak regarding the request and the public hearing was closed. Commissioner Quick moved to approve the rezoning request for 3 Westlyn Drive from Community Commercial to Suburban Residential. Commissioner Robinson seconded, and the vote was unanimously in favor. 3 Z24-07-02 Rezone 7 Westlyn Drive Commissioner Quick introduced rezoning file Z24-07-02, the request to rezone property located at 7 Westlyn Drive and identified by Floyd County Tax map number H13X-319, from Community Commercial to Suburban Residential. The Planning Commission has unanimously recommended approval of the rezoning. Rome/Floyd Planning Director Brice Wood reviewed this file, displaying maps and photographs of the subject and surrounding properties. Mr. Wood stated that the use remains as Suburban Residential. Mayor McDaniel called a public hearing to order concerning this request. Speaking in favor of the request was Ms. Tammy Richardson of Cedar Bluff, AL. Ms. Richardson stated that this property belongs to her mother and that Ms. Palmer had alerted her to the commercial zoning and she wishes that the correct residential zoning be restored. There was no one else to speak regarding the request and the public hearing was closed. Commissioner Quick moved to approve the rezoning request of 7 Westlyn Drive from Community Commercial to Suburban Residential. Commissioner Brock seconded, and the vote was unanimously in favor. SUP24-07-03 312 East 15th Street Commissioner Quick presented file SUP24-07-03, the request for a special use permit for a duplex in a High Density Traditional Residential zoning district at 312 East 15th Street. This property is identified by Floyd County Tax map number J14N-213. The Planning Commission has unanimously recommended approval of the SUP. Rome/Floyd Planning Director Brice Wood reviewed this file, displaying maps and photographs of the subject and surrounding properties. Mr. Wood stated that the applicant for this request would not be present as they have become stranded at the airport due to the software issues that are being experienced nationwide. The owner wishes to rebuild the damaged duplex at this site. Mayor McDaniel called a public hearing to order concerning the request. There was no one to speak in favor or opposition and the public hearing was closed. Commissioner Quick moved to approve the request for a special use permit to allow a duplex in a High Density Traditional Residential zone at 312 East 15th Street. Commissioner Robinson seconded, and the vote was unanimously in favor. A24-07-05 Annex 122 Morgan Drive NW Commissioner Quick presented annexation file A24-07-05, the request to annex 122 Morgan Drive NW with its current zoning of Suburban Residential. This property is identified by Floyd County Tax map number H12Z-363. The Planning Commission has unanimously recommended approval of the annexation. 4 Rome/Floyd Planning Director Brice Wood reviewed this file, displaying maps and photographs of the subject and surrounding properties. Mr. Wood stated this is a single family home and that the owner is interested in City services and the City School system. Mayor McDaniel called a public hearing to order. There was no one to speak in favor or opposition to the annexation request and the public hearing was closed. Commissioner Quick moved to approve the request to annex 122 Morgan Drive NW with Suburban Residential zoning. Commissioner Robinson seconded, and the vote was unanimously in favor. Z24-07-07 Rezone 209 Redmond Road Commissioner Quick introduced rezoning file Z24-07-07, the request to rezone property located at 209 Redmond Road and identified by Floyd County Tax map number I13W-086, from Neighborhood Office Commercial to Duplex Residential. The Planning Commission has recommended approval of the rezoning request via a 6-1 vote. Rome/Floyd Planning Director Brice Wood reviewed this file, displaying maps and photographs of the subject and surrounding properties. Mr. Wood stated that the Planning Commission staff supports this rezoning with the requirement that at least one of the duplexes face the road. Mayor McDaniel called a public hearing to order concerning this request. Speaking in favor of the rezoning request was Mr. Travis Williams. Mr. Williams represents the owner of this property, Brian Middleton. Mr. Williams stated that the request is to rezone this property to Duplex Residential for the construction of duplexes. There was no one else to speak regarding this matter and Mayor McDaniel closed the public hearing. Commissioner Quick moved to approve the rezoning request of 209 Redmond Road from Neighborhood Office Commercial to Duplex Residential. Commissioner Beeman seconded, and the vote was unanimously in favor. 2024 Tax Millage Rate – Public Hearing #3 City Manager Rich explained that City staff and the Finance Committee are proposing that the 2024 Tax Millage Rate be adopted. The recommendation is that the overall City Millage Rate decrease by .20 mills. Specifically, the City M/O rate is proposed at 7.75 mills, City Capital rate at 1.75 mills, and City School M/O rate at 16.75 mills. City property owners, who have not experienced an increase in their assessment, would see a decrease in their City taxes for 2024. Mayor McDaniel called a public hearing to order. Speaking regarding the proposed rate was Ms. Carolyn Copeland, 107 Woodcrest Drive. Ms. Copeland opposes the tax increase for 2024. Ms. Copeland made some of the same comments that she made at the July 18th Special Called Meeting. She did question if the City Commission has exhausted all means of trimming the budget before considering a tax increase for 2024. Mr. Rich informed Ms. Copeland that the City of Rome, while not reducing the millage rate to the official rollback rate, is implementing a millage reduction this year. With there being no further comments Mayor McDaniel closed the public hearing. 5 2024 Tax Mill Rate Resolution Mayor McDaniel called a public hearing to order concerning the proposed 2024 Tax Mill Rate. The total mill rate is 26.25 mills. This is comprised of 7.75 mills of City M/O, 1.75 mills of City Capital, and 16.75 mills for the City School M/O. There was no one to speak regarding this matter and the public hearing was closed. Mayor Pro Tem Bojo moved to adopt the 2024 Tax Mill Rate Resolution as proposed. The total mill rate will be 26.25 for City tax purposes. Commissioner Robinson seconded the motion, and the vote was unanimously in favor. Joint Services Committee Mayor McDaniel announced that the Joint Services Committee will meet Tuesday, August 6th at 9:00 a.m. in the Sam King Room. Water and Sewer Committee Mayor Pro Tem Bojo announced that the Water and Sewer Committee will meet on Thursday, August 1st at 9:00 a.m. in the Sam King Room. Development Oversight Committee Commissioner Brock announced that the Development Oversight Committee will meet on Tuesday, August 6th at 10:00 a.m. in the Sam King Room. Solid Waste Commission Commissioner Beeman announced that the Solid Waste Commission will meet on Tuesday, July 23rd at 8:30 a.m. in the Sam King Room. Tourism Committee Commissioner Beeman announced that the Tourism Committee will be touring Cave Spring on Wednesday, July 24th departing at 11:30 a.m. from the Tourism/Civic Center parking lot. Transit Procurement Policy Commissioner Doss moved to amend the City of Rome Procurement Policy to reflect action needed regarding our Rome Transit Department. This amendment will implement the Federal Transportation Authority policies regarding purchases. Commissioner Quick seconded the motion, and the vote was unanimously in favor. ULDC Board of Adjustments – Cameron Abney Commissioner Quick moved to reappoint Ms. Cameron Abney to serve on the ULDC Board of Adjustments. Commissioner Doss seconded, and the vote was unanimously in favor. Historic Preservation Commission – Calleigh Schroeder and Julie Waguespack Commissioner Quick moved to appoint Ms. Calleigh Schroeder and Ms. Julie Waguespack as members of the Historic Preservation Commissin. Commissioner Doss seconded, and the vote was unanimously in favor. 6 NWGA Housing Authority – Jamie Palmer Commissioner Quick moved to appoint Mr. Jamie Palmer to serve on the NWGA Housing Authority. Mr. Palmer will be replacing Ms. Hilda Curtis whose term has expired and she is retiring. Commissioner Doss seconded the motion, and it was approved by the following vote: YES: Bojo, Brock, Doss, Quick, Collins, and Robinson ABSTAIN: Beeman (Rome Housing Authority employee) Brother’s Place – Opioid Funding Commissioner Quick moved to approve a request from Mr. TK Hamilton for funding assistance regarding Brother’s Place. Brother’s Place is a facility located on Maple Road that Mr. Hamilton has remodeled. This facility will have room for 12 men that can be housed temporarily during their recovery. The $150,000 funding will be provided from opioid settlement funds received by the City of Rome. The General Administration Committee has received an in depth presentation regarding this program and recommends this approval. Commissioner Robinson seconded the motion, and the vote was unanimously in favor. The City Attorney will prepare an agreement regarding this payment and provided services. Pay Plan – Evergreen Solutions City Manager Rich reviewed the classification and compensation study performed by Evergreen Solutions LLC. The City of Rome contracted with Evergreen Solutions to conduct this pay study and the results were reviewed with the General Administration Committee and they were also reviewed during Caucus prior to tonight’s meeting. Mr. Rich specified that, if the recommended version of this pay plan is adopted, 413 City employees will receive a pay adjustment. Rich specified that no employee would see a pay reduction as a result of this pay plan. The expected cost to the City of Rome is approximately $2.5 million, of that, approximately $1.6 million would come from the General Fund. Mr. Rich stated that the lowest entry level pay for any City employee under the new pay plan would be $16 per hour and that the minimum entry level pay for sworn public safety employees would be $52,000 per year. The goal is to implement this pay plan by September 1, 2024. There were several City employees present at tonight's meeting. Although it is an aggressive plan for the City of Rome, Mr. Rich stated he is in favor of the pay plan implementation. Commissioner Quick moved to approve the pay plan as outlined by City Manager Rich and Mayor Pro Tem Bojo seconded. There was discussion by the City Commissioners with universal support for the pay plan and praise for City employees. With the discussion concluded, the motion to adopt the pay plan was unanimously in favor, including Mayor McDaniel. Rome/Floyd Planning Commission Commissioner Quick announced that the Rome/Floyd Planning Commission will meet on Thursday, August 1st at 2:30 p.m. in the Commission Chambers. Elevation Cigar House, 254 N 5th Avenue – Food/Drink Ratio Variance Request Commissioner Robinson moved that the food/drink ratio variance request that has been proposed by Elevation Cigar House, 254 N. 5th Avenue, be tabled. Elevation Cigar House has submitted a new beer, wine, and liquor pouring license request. The beer and wine pouring request has been approved by the 7 Alcohol Control Commission. The Alcohol Control Commission recommended approval of the food/drink ratio variance request, in which premium cigar and tobacco products will be used in place of food. City staff have recommended that the variance request not be acted on until the small bar ordinance proposal is resolved. The small bar ordinance, as drafted, would remove the food/drink ratio variance option. Mayor Pro Tem Bojo seconded the motion to table this matter, and the motion was approved by the following vote: YES: Bojo, Brock, Beeman, Doss, Quick and Robinson ABSTAIN: Collins (owns 254 N. 5th Avenue) Downtown Development Authority – Exceptional Mainstreet Accreditation Commissioner Robinson announced that the Downtown Development Authority’s Georgia Exceptional Mainstreet Accreditation visit will be held on Thursday, August 8th from 8:00 a.m. until noon. Cities with Mainstreet accreditation must be accredited every three years. Rome was the first accredited Mainstreet in the State of Georgia. Commissioner Doss requested that the Downtown Development Authority provide input into the proposed small bar ordinance. First Friday Commissioner Robinson announced that the August First Friday will be held on Friday, August 2nd at 7:00 p.m. at the Town Green. The musical guest for the evening will be Grey Sunday and the Live Exchange Band. Civility Mayor McDaniel reminded the commission that the City of Rome has recently received the Georgia Municipal Association’s City of Civility designation. McDaniel commented that a much more civil environment is needed at the State government level and especially at the federal level. Adjourn With there being no further business, Mayor McDaniel adjourned the meeting at 7:27 p.m. Joseph F. Smith City Clerk 8