City Commission

ROME CITY COMMISSION Monday, August 12, 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, Cochran, Beeman, Doss, Quick, Collins, and Robinson. Commissioner Robinson opened the meeting with prayer and led in the salute to the flag. Minutes – July 22, 2024 The Minutes of the July 22, 2024, meeting, as submitted in writing by the Secretary, were approved by unanimous consent. Certificates of Appreciation and Certificates of Appointment Commissioner Quick presented the following three Certificates of Appreciation and three Certificates of Appointment. Certificate of Appointment · Caleigh Schroeder – Historic Preservation Commission · Julie Waguespack - Historic Preservation Commission · Jamie Palmer – Housing Authority of Northwest Georgia* Certificate of Appreciation · David Clonts – Historic Preservation Commission · Jake Hager - Historic Preservation Commission · Hilda Curtis – Housing Authority of Northwest Georgia* *not present Jessie Demonbruen-Chapman Mr. Jessie Demonbruen-Chapman, 17 Benvenue Drive, and speaking on behalf of the Coosa River Basin Initiative, addressed the City Commission concerning the proposed reverse osmosis water treatment plant. Mr. Demonbruen-Chapman thanked the City Commission for pursing the matter of PFOS and PFAS chemicals in our water supply. Mr. Demonbruen-Chapman encouraged the City of Rome to use their proceeds from the successful litigation against the upstream polluters to construct the planned reverse osmosis water treatment plant on Riverside Parkway. Mr. Demonbruen-Chapman explained that he felt this would be a positive move for the City of Rome to have the new reverse osmosis water treatment plant front and center on Riverside Parkway and near our water source (the Oostanaula River). Mr. Demonbruen-Chapman encouraged Rome to be proud of the new treatment plant and the story that it tells. Ken Wright Mr. Ken Wright, PO Box 324, Silver Creek, GA, addressed the City Commission concerning the proposed reverse osmosis water treatment plant. Mr. Wright read the following statement: 1 “What I am left after a week of research is citizens will still have PFAS in their bodies, with risks of increased exposure from other sources. First, we should take a portion of the settlement money and test those potentially exposed and provide compensation to those affected. I do believe we should try to remedy the exposure from our drinking water moving forward, but with ongoing technologies emerging- now is not the time to commit to reverse osmosis. I don’t fully understand why this plant should take more than 24-30 months to complete and the EPA requirements go into effect in 2029. Sorek Israel is home to the world’s largest reverse osmosis plant. It processes 168 million gallons per day instead of 18 mpg per day and supplies the national water system – at a cost of $400 million. I contacted Santa Monica, CA, Clara City, MN, Stuart, FL, Cape Coral, FL as well as Singapore Water Authority and Sorek, Israel regarding their current RO systems and numerous cities that are also pursuing RO systems. All but one of these systems was completed in less than 36 months and only one cost more than the Rome plant being proposed – and that is the largest RO plant in the world that processes 165 million gallons per day and began in 2011 and completed in 2013. To be fair, I know supply chain issues are driving lengthier timeliness and inflation has exponentially increased costs. These new EPA requirements will likely be changed and/or eliminated – as has been typical of EPA final technology is selected, it would be imperative to treat all water sources (Etowah and Oostanaula – or jointly Coosa River). The exception to that decision would be to eliminate the rivers as a drinking water source in its entirety. Drilling wells may make more sense, since that eliminates contamination upstream from our rivers. The most effective reverse osmosis facility I discovered was 99.94% effective – which equate to potentially leaving 600 million parts per trillion PFAS in our drinking water; a far cry from 4 parts per trillion. Spending of millions of dollars (of which it appears will also require an influx of taxpayer dollars) to implement a solution that fails to meet the requirements and perhaps is inadequate to treat water sources and/or all contaminants is a waste of money. World Health Organization (WHO) (which I take with a grain of salt) issued a statement this year stating that drinking water produced by reverse osmosis is not suitable for long term human consumption – but Brian has confirmed that the reverse osmosis process they are proposing will not remove the minerals and nutrients currently in the water. Prolonged consumption of reverse osmosis water can cause stomach problems and increase the risk of kidney disorders. It can also result in a magnesium deficiency – as reported in the Czech Republic and Slovakia. Reverse Osmosis does not remove most organic compounds, bacterial microorganisms, chlorine by-products, carbon dioxide, methane, radon, pesticides, solvents and volatile organic chemicals. Is it cheaper to install home reverse osmosis systems in every residence and business? There is not yet enough information to make the best intelligent solution – so don’t rush into a bad decision.” Brandon Pledger Mr. Brandon Pledger, 36 Pippin Place, Armuchee, GA, and owner and operator of Alibi Prohibition Lounge/Combat Market, 214 Broad Street. Mr. Pledger spoke in opposition the proposed small bar ordinance that will be addressed by the City Commission tonight. Mr. Pledger emphasized that in 2023, the City Commission rejected the small bar ordinance proposal. Even though the ordinance has been amended, he encouraged the City Commission to continue to oppose the proposed ordinance, stating it is not fair and equitable. 2 Nedra Manners Ms. Nedra Manners, 622 E. 12th Street, and owner of a downtown business, addressed the Commission regarding the proposed small bar ordinance. Ms. Manners stated that she is not convinced that the small bar ordinance will be an improvement to the downtown environment. She encouraged the commission to evaluate any proposal that involves Downtown Rome to ensure that it will be an improvement to the area before taking action. Ms. Manners also stated that the Downtown Development Authority has opposed this proposal. She also congratulated the DDA for recently achieving their re-accreditation as a Main Street City. Steve Smith Mr. Steve Smith, operator of the Harvest Moon restaurant, and speaking on behalf of other full service restaurants, addressed the City Commission concerning the proposed small bar ordinance. Mr. Smith has previously addressed the City Commission and has summarized some of his past comments regarding his opposition to the small bar ordinance. He remined the commission of the fragile nature of full service restaurants. Reporting that this industry has a 3-5% pretax profit, and that the alcohol component is critical to the success of full service restaurants in Downtown Rome. Mr. Smith congratulated the Downtown Development Authority and noted their recent opposition to the proposed small bar ordinance. Mr. Smith concluded his comments by reporting that the 50/50 food/drink ratios are still vary prevalent in Georgia cities and he encouraged Rome to not amend our current regulations. Melvin Scott Mr. Melvin Scott, 111 Thornwood Drive, addressed the City Commission concerning his request for a variance to Rome’s food/drink ratio. Mr. Scott is planning to open Elevation Cigar House at 254 N. 5th Avenue. The Alcohol Control Commission has recommended approval of Mr. Scott’s request of a variance to use cigars and other premium tobacco products and accessories (rather than meals) in order meet Rome’s 50/50 food/drink ratio. Mr. Scott stated that Old Havana Cigar Bar. located at 327 Broad Street. was Rome’s first variance and has operated successfully under that variance approval for many years. He stated that his establishment will be very similar to Old Havana. Christine Meyer Ms. Christie Meyer, 644 Reynolds Bend Road, and owner of Honeycream Ice Cream on 3rd Avenue addressed the City Commission. Ms. Meyer encouraged the City Commission to oppose the proposed small bar ordinance. Medical Drive Street Closing – First Reading Secretary Smith announced that a street closing ordinance, which would close a portion of Medical Drive, is being placed on first reading tonight. A second reading regarding this proposal is scheduled for the August 26th City Commission meeting. SUP and Rezonings – First Reading Secretary Smith announced that the following special use permit request and rezonings are being placed on first reading: 3  a) SUP24-08-01 – Request for a Special Use Permit for a duplex in a Low Density Traditional Residential for the property at 101 Piedmont Avenue, Rome GA 30165; Floyd County Tax Parcel I13L093. (Planning Commission recommends approval 6 – 0). b) Z24-08-04 – Request to rezone from Community Commercial to High Density Traditional Residential for the property at 202 E. 11th Street, Rome, GA 30161; Floyd County Tax Parcel J14J251. (Planning Commission recommends approval 6 – 0). c) Z24-08-05 – Request to rezone from Multifamily Residential to Low Density Traditional Residential for the property at 13 Orlystus Drive, Rome GA 30161; Floyd County Tax Parcel I14W404. (Planning Commission recommends approval 6 – 0). Public hearings for these three matters will be planned for the August 26th City Commission meeting Small Bar Ordinance Commissioner Robinson moved to refer the small bar ordinance proposal back to the Alcohol Control Commission. He encouraged the Alcohol Control Commission to continue to consider this document, but also consider Rome’s current food/drink ratio, alcohol fees, input from the Downtown Development Authority, and policing practices regarding alcohol in Downtown Rome. Commissioner Beeman seconded the motion, and it was approved by the following vote: YES: BOJO, BROCK, COCHRAN, DOSS, QUICK, and ROBINSON ABSTAIN: COLLINS (owns the property at 254 N. 5th Avenue, site of the Elevation Cigar House variance request) If the small bar ordinance is adopted, variances can no longer be granted. Alcohol Sales Permit Ordinance Secretary Smith explained that the ordinance scheduled for second reading tonight involves Rome’s alcohol sales permits. Anyone working as a server in a pouring establishment (beer, wine, or liquor) must acquire a City of Rome alcohol sales permit. Persons working in liquor package stores are also required to acquire this permit. The proposed ordinance would amend Rome’s alcohol regulation to specify that anyone who has been convicted of furnishing/selling alcohol to a minor would not be eligible for a City of Rome alcohol sales permit for a 5 year period. This ordinance also corrects some minor errors in the alcohol ordinance regarding alcohol sales permits, and ACC appeal provisions. Commissioner Robinson moved to adopt the alcohol sales permit ordinance as presented. Commissioner Beeman seconded, and the vote was unanimously in favor. Unity Point Project – Tri Scapes, LLC City Manager Rich explained that the plans for improvements to Unity Point Park are ready to move forward. There were funds allocated in the 2013 Special Purpose Local Option Sales Tax referendum to direct $1.8 million to this project. Unity Point is located at the confluence of the Oostanaula and Etowah Rivers. This area has suffered from significant erosion and was closed several years ago. 4 Mr. Rich stated that the proposal from Tri Scapes, LLC in the amount of $1,388,538.43 is before the City Commission tonight. Commissioner Collins moved to approve the contract with Tri Scapes, LLC for the Unity Point project and Commission Robinson seconded. Mr. Stephen Bodkin addressed the City Commission on behalf of Tri Scapes, LLC and described in general terms the work that would be done at Unity Point for erosion control, restoration, and future preservation. Mr. Bodkin did respond to the questions indicating that the public would have access to the river at Unity Point after the project is completed. Bodkin further stated that the syphon box at that location is necessary and will remain, however better hatches will be installed in an attempt to reduce the occasional odor from this sewer infrastructure. Commissioner Cochran emphasized that elected officials should be more involved with designs of this nature, rather than only City staff. Commissioner Cochran stated that elected officials are almost always involved in the design phase of projects in other local governments. With the discussion concluded, the motion to approve the contract was unanimously in favor. Rome/Floyd Development Authority Mayor McDaniel announced that the Rome/Floyd Development Authority will meet on Tuesday, August 20th at 9:00 a.m. at the Manis Business Building, 800 Broad Street. Historic Preservation Committee Commissioner Cochran announced that the Historic Preservation Committee will meet on Wednesday, August 21st at 2:30 p.m. in the Commission Chambers. Library Board Commissioner Beeman announced that the Library Board will meet on Thursday, August 15th at 4:00 p.m. at the Sara Hightower Regional Library. Recycling Center Deficits City Manager Rich announced that the City Commission is scheduled to approve the recycling center deficits for the first and second quarters of 2024. Each quarterly recycling center deficit is split equally among the City of Rome, Floyd County, and the Rome/Floyd Solid Waste Commission. The payment for the first quarter of 2024 for each of the three entities, is $47,816.17. The deficit for the second quarter of 2024 is in the amount of $16,733.03 for each of the three entities. Commissioner Beeman moved to approve the first and second quarter recycling center deficits, specifically authorizing the City of Rome and the Solid Waste Commission payments. Commissioner Collins seconded the motion, and the vote was unanimously in favor. City of Rome tax payers pay all of the City component and part of the Floyd County component as it is funded from the Floyd County General Fund. 5 Public Works/Traffic/Transit and Trails Committee Commissioner Doss announced that the Public Works/Traffic/Transit and Trails Committee meeting scheduled for Wednesday, August 14th has been cancelled. Northwest Georgia Regional Commission Commissioner Collins announced that the Northwest Georgia Regional Commission will meet on Thursday, August 15th at 11:00 a.m. at the Civic Center. Rome/Floyd Parks and Recreation Committee Commissioner Collins announced that the Rome/Floyd Parks and Recreation Committee will meet on Tuesday, August 20th at 12:00 p.m. at the Recreation Center Main Office, 1 Shorter Avenue. Alcohol Control Commission Commissioner Robinson announced that the Alcohol Control Commission will meet on Monday, August 19th at 5:00 p.m. in the Commission Chambers. Elevation Cigar House, 254 5th Avenue – Variance Request Secretary Smith reported that Mr. Melvin Scott, owner and operation of Elevation Cigar House, 254 N. 5th Avenue, has requested a variance to Rome’s 50/50 food/drink ratio. The City of Rome alcohol ordinance allows for an establishment to request a variance to use products other than meal sales to meet Rome’s 50/50 food/drink ratio. This ratio is applicable only to distilled spirits sales and beer and wine sales are not part of the equation. Mr. Scott has requested that he be allowed to use cigars and other premium tobacco products and accessories to the meet the 50/50 ratio at his new Elevation Cigar House, 254 N. 5th Avenue. Currently, there are two establishments using variances to meet Rome’s food/drink ratio, they are Old Havan Cigar Bar, 327 Broad Street, and Alibi Prohibition Lounge/Combat Market, 214 Broad Street. The Alcohol Control Commission has recommended approval of the variance request, if the small bar ordinance was not adopted. The proposed small bar ordinance, addressed earlier in tonight’s meeting, would have removed the option for variances, if it had been adopted. Commissioner Robinson moved to approve the variance request at Elevation Cigar House, 254 N. 5th Avenue and Commissioner Beeman seconded. Commissioner Cochran questioned if variances were transferable to new owners and if they were transferable if the current holder moved their business to a new location. Variances are not transferable to a new owner, and they are not transferable to a new location even with the current owner. Commissioner Doss stated that the implementation of variances may not have been in Rome’s best interest in the past, although it has not caused significant problems to date. Mayor McDaniel emphasized that the Alcohol Control Commission should consider the merits of continuing to allow variances when they discuss the other aspects related to Rome’s food/drink ratio. City Attorney Andy Davis suggested that the City Commission consider a moratorium on any future variances. With the discussion concluded, Commissioner Robinson’s motion to approve the Elevation Cigar House variance was approved by the following vote: 6  YES: BROCK, COCHRAN, BEEMAN, DOSS, QUICK, and ROBINSON NO: BOJO ABSTAIN: COLLINS (owns the property at 254 N. 5th Avenue) Adjourn With there being no further business, Mayor McDaniel adjourned the meeting at 7:34 p.m. Joseph F. Smith City Clerk 7