Town Council Regular Meeting

Tyrone Town Council Meeting Minutes November 21, 2019 Present: Mayor, Eric Dial Mayor Pro Tem, Gloria Furr Council Member, Linda Howard Council Member, Ryan Housley Town Manager, Brandon Perkins Planning & Zoning Coordinator, Phillip Trocquet Police Chief, Randy Mundy Police Major, Van Brock Court Clerk, April Spradlin Finance Manager, Sandy Beach Town Clerk, Dee Baker Council Member, Ken Matthews Approval of Agenda Council Member Housley made a motion to approve the agenda. Council Member Howard seconded the motion. Motion was approved 3-0. Consent Agenda: All matters listed under this item are considered to be routine by the Town Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Approval of minutes, November 7, 2019 Consideration to re-appoint Alisha Thompson as Judge for Tyrone Municipal Court. Consideration to appoint Andrew “Andy” McCall as Judge Pro Tem. Consideration for the re-appointment of Amy Godfrey as Solicitor for Tyrone Municipal Court. Consideration for the approval of the probation agreement with Professional Probation Services. Council Meeting November 21, 2019 Page 1 of 10 Consideration for approval of the new municipal complex design. Council Member Furr made a motion to approve the consent agenda. Council Member Housley seconded the motion. Motion was approved 3-0. Presentations/Recognition: Recognizing Tyrone Police Officer, Kyle Pescetto’s, promotion to Sergeant. Chief Mundy stated that now was the time to celebrate! After a considerable promotion process, Corporal Pescetto has been promoted as Sergeant. Mr. Pescetto thanked Mayor and Council for the opportunity. Tyrone Road and Sandy Creek Road Corridor studies update. Mr. Trocquet briefed Council regarding the County traffic improvement study which encompassed the following areas in need: Sandy Creek Road from Veterans Parkway to SR 74 (4.6 miles), Tyrone Road and Palmetto Road from SR 54 to the Coweta County line (6.2 miles), Banks Road from SR 54 to SR 314 (1.9 miles) and State Route 279 from Corinth Road to the Fulton/Fayette County Border (4.25 miles). He added that the vision of the study would also include the following elements: a holistic perspective, congestion and delay, sustainable infrastructure, safety, economic development and a multi-modal use aspect. Mr. Trocquet stated that it all began with a concept development process which also engaged the community for a need assessment. He added that the public outreach for the study included online surveys, public meetings, individual comment forms, stakeholder meetings, a web page, social media and email blasts. After the assessment, a weighted scoring and justification process, which also included preferred alteration and existing conditions would be included. He added that public outreach had been successful and that the two public meetings had 200 and 250 in attendance. Mr. Trocquet shared that the engineer’s objective was to find long-term alternatives for County traffic sustainability. In regards to Tyrone Road, the study suggested a widening to a 4-lane from Dogwood Trail to SR 54, with improvements along the way. He noted the alternatives: a roundabout at the Dogwood Trail intersection, the widening of Tyrone Road to a 4-lane median divided road from Dogwood Trail to SR 54, a multi-use path on the southside, the placement of a traffic light at the Flat Creek Trail intersection and intersection improvements at SR 54 with turn lanes and updated traffic signal phasing. He noted that Mayor Dial, Council and Tyrone citizens have voiced their opposition to widening Tyrone Road. Mr. Trocquet also added that the roundabout at Dogwood Trail would disperse the traffic more evenly. Approximately 5,000 cars travel down Tyrone Road daily and there were 4,000 estimated on Dogwood Trail. Council Meeting November 21, 2019 Page 2 of 10 He added that most of the widening projects would include a multi-use path. The widening projects do not necessarily have to happen, they are within the 20-25-year plan of the study. Mr. Trocquet listed the preferred alternatives for Tyrone Road: a possible roundabout at Ellision Road and another at the Dogwood Trail intersection, a traffic signal at the Flat Creek intersection, intersection improvements at SR 54 regarding turn lanes and realign, and install a traffic signal at the Senoia Road intersection. He added that a bridge or tunnel was also proposed for the Senoia Road and Tyrone Road intersection, but was not contingent upon the improvement of that area. He gave cost estimates for the various Tyrone Road projects: they ranged from $250,000 to $14,296,000 and most were very long-term. The widening proposed improvements on Tyrone Road to Dogwood Trail to SR 74 and on Palmetto Road from SR 74 to the Coweta County line have not yet been estimated. Mr. Trocquet shared the Sandy Creek Road corridor safety improvements: correcting horizontal and vertical alignment, the reduction of driver strain, sight distance improvements, providing motorists a recovery area to regain control of vehicles and structural support to the pavement. This project has an estimated cost of $2,225,000. Mr. Trocquet added that a realignment and roundabout or turn lanes were slated for the Flat Creek Trail intersection. An install of a five-legged roundabout at Sams Drive, Trustin Lake Drive and Eastin Road were also in the transportation plan. Council Member Furr asked, “When would these projects begin?” Mr. Trocquet stated that there were short-term and long-term projects included in the study. Mayor Dial stated that he believed a fair assessment would be ten to twenty years prior to commencement. Croy Engineering Representative, Daniel Dobry stated that most of the projects were categorized into three phases: short-term, intermediate and long-term. The longer-term, more expensive projects such as the widening of roads would be twenty years. He added that roundabouts could only take one to five years to complete, other projects would be five to ten years. Council Member Furr asked what short-term projects were slated for 2020. Mr. Dobry stated that with funding from the County, preliminary engineering studies, environmental requirements and designing would begin and could take up to twelve to eighteen months. He added that property acquisition could take an additional year, moving dirt may take place in 2022. Council Member Furr asked, in regards to acquisition of rights of way, what if the property owner did not wish to cooperate? Mr. Dobry stated that initially, the agents would ask the property owner to donate the land, then they ask for a fair market value for the land. If no agreement was met, imminent domain would be a last resort and the judge would decide. Council Meeting November 21, 2019 Page 3 of 10 Mr. Dobry shared that if anyone had any questions to please contact him or Phil Mallon with Fayette County Public Works. He added to visit the Fayette County website to fill out the survey. We value the citizen’s input and their taxpayer dollars. Mayor Dial reiterated that the Town citizen’s have spoken, and they do not wish to have a four-lane on Tyrone Road. He added that if any negative comments were given, it was not directed to anyone that created the survey. Public Hearing: 1. To consider a text amendment to Section 113-128, pertaining to the “Downtown Commercial (C-1) District” of Article V of the Zoning Ordinance, to add “Churches and other places of worship” to the permitted uses section. Phillip Trocquet, Planning & Zoning Coordinator Mr. Trocquet informed Council that the following public hearings were being held in order to clean up the ordinance. He stated that the first two ordinances recommended churches within the C1 (Downtown Commercial) and C2 (Highway Commercial) zoning districts. He added that some time ago, the Federal Government ruled that churches should not be treated any differently than assembly uses. He added that the third item was for the rectification of the boundaries within the TCMU Development. Currently they are only bound to Town Center Character areas. He gave the example of an area along Valleywood Road. The land use map today is based on parcel lines and is less definitive. The new wording would allow a clearer look using roads instead of parcels. An area that this would be applied to would be the Town Center Character area district, as well as the area north of Valleywood Road, east of the rail road tracks and south of Palmetto Road. Another area would be south of Palmetto Road, east of Valleywood Road, boarded by Highway 74. He added that in the future, a revised land use map would reflect these changes. Mr. Trocquet informed Council that the next set of ordinances were in regards to permitted and conditional uses in residential zoning areas. Currently, accessory structures and home occupations were listed as permitted uses, with no conditions. However, they are listed in the conditional use section. This clean up would place these uses in their respective sections. Council Member Howard inquired about home occupations. Mr. Trocquet listed a few of the conditions: the business cannot take more than 30% of the dwelling, no dust, noise or vibrations may occur. Council Meeting November 21, 2019 Page 4 of 10 Mayor Dial opened the public hearing for anyone that wished to speak in favor of the item. No one spoke. Mayor Dial opened the public hearing for anyone that wished to speak in opposition of the item. No one spoke. Council Member Housley made a motion to approve the text amendment to Section 113-128, pertaining to the “Downtown Commercial (C-1) District” of Article V of the Zoning Ordinance, to add “Churches and other places of worship” to the permitted uses section. Council Member Howard seconded the motion. Motion was approved 3-0. 2. To consider a text amendment to Section 113-129, pertaining to the “Highway Commercial (C-2) District” of Article V of the Zoning Ordinance, to add “Churches and other places of worship” to the permitted uses section. Phillip Trocquet, Planning & Zoning Coordinator Mayor Dial opened the public hearing for anyone that wished to speak in favor of the item. No one spoke. Mayor Dial opened the public hearing for anyone that wished to speak in opposition of the item. No one spoke. Council Member Housley made a motion to approve the text amendment to Section 113-129, pertaining to the “Highway Commercial (C-2) District” of Article V of the Zoning Ordinance, to add “Churches and other places of worship” to the permitted uses section. Council Member Howard seconded the motion. Motion was approved 3-0. 3. To consider a text amendment to Section 113-137, pertaining to the “Town Center Mixed Use (TCMU) District” of Article V of the Zoning Ordinance, to amend language under subsection (b) “Requirements for a Town Center Mixed-Use district” regarding the boundary location in which the TCMU district can be applied. Phillip Trocquet, Planning & Zoning Coordinator Mayor Dial opened the public hearing for anyone that wished to speak in favor of the item. No one spoke. Mayor Dial opened the public hearing for anyone that wished to speak in opposition of the item. No one spoke. Council Member Housley made a motion to approve the text amendment to Section 113-137, pertaining to the “Town Center Mixed Use (TCMU) District” of Article V of the Zoning Council Meeting November 21, 2019 Page 5 of 10 Ordinance, to amend language under subsection (b) “Requirements for a Town Center Mixed- Use district” regarding the boundary location in which the TCMU district can be applied. Council Member Howard seconded the motion. Motion was approved 3-0. 4. To consider a text amendment to Section 113, pertaining to all residential zoning districts (AR, CR-2, CR-3, R-20, R-18, R-12, DR, TR, RMF, & MHP) of article V of the Zoning Ordinance, to remove “Customary Home Occupations” from the permitted uses section of each residential district and to add “Customary Home Occupations” to the conditional use section of each residential district listed. Phillip Trocquet, Planning & Zoning Coordinator Mayor Dial opened the public hearing for anyone that wished to speak in favor of the item. No one spoke. Mayor Dial opened the public hearing for anyone that wished to speak in opposition of the item. No one spoke. Council Member Furr made a motion to approve the text amendment to Section 113, pertaining to all residential zoning districts (AR, CR-2, CR-3, R-20, R-18, R-12, DR, TR, RMF, & MHP) of article V of the Zoning Ordinance, to remove “Customary Home Occupations” from the permitted uses section of each residential district and to add “Customary Home Occupations” to the conditional use section of each residential district listed. Council Member Housley seconded the motion. Motion was approved 3-0. 5. To consider a text amendment to Section 113, pertaining to all residential zoning districts (AR, CR-2, CR-3, R-20, R-18, R-12, DR, TR, RMF, & MHP) of article V of the Zoning Ordinance, to remove “Accessory Uses and Structures” from the permitted uses section of each residential district and to add “Accessory Structures” to the conditional use section of each residential district listed. Phillip Trocquet, Planning & Zoning Coordinator Mayor Dial opened the public hearing for anyone that wished to speak in favor of the item. No one spoke. Mayor Dial opened the public hearing for anyone that wished to speak in opposition of the item. No one spoke. Council Member Howard made a motion to approve the text amendment to Section 113, pertaining to all residential zoning districts (AR, CR-2, CR-3, R-20, R-18, R-12, DR, TR, RMF, Council Meeting November 21, 2019 Page 6 of 10 & MHP) of article V of the Zoning Ordinance, to remove “Accessory Uses and Structures” from the permitted uses section of each residential district and to add “Accessory Structures” to the conditional use section of each residential district listed. Council Member Housley seconded the motion. Motion was approved 3-0. Old Business: 6. Consideration of approval of the Pendleton Dam application documents. Brandon Perkins, Town Manager Mr. Perkins informed Council that in 2018, Pendleton Dam was designated as a Class I dam by Georgia Safe Dams. An application is required as part of the process to comply with State regulations to meet the Class I specifications. He recommended approving the application to submit to the State. Consulting Engineer David Jaeger shared that his staff had a meeting scheduled for December 3rd with the Safe Dams Program, it would be the third of three meetings. He added that the formal package for submittal would include the document to be signed by Council. Mr. Jaeger added that the package would also include design documents, plan specifications, operation and maintenance, safety plans, plats and geotechnical reviews. The meeting would be a general briefing. Safe Dams would then review and send comments regarding the package submission. He added that Engineer staff would then reply and make any needed revisions. The package would then be approved and work would begin. He added that in this case, there were three dam owners: the Town, the Homeowners Association, and a private home owner. Everyone has received their own package for the project and Mr. Jaeger stated that he had heard back from the HOA and home owner, the Town’s document was the missing piece to the package. Council Member Furr asked Mr. Jaeger how long the process usually took. Mr. Jaeger stated that an initial ninety days would follow the submission. After revisions it could take ninety more days or longer. Council Member Furr made a motion to approve the execution of the application documents. Council Member Housley seconded the motion. Motion was approved 3-0. New Business: 7. Consideration to approve the agreement with IT in a Box for the Police Department IT Services. Brandon Perkins, Town Manager Council Meeting November 21, 2019 Page 7 of 10 Mr. Perkins stated that the Police Department had relied on a mix of agencies for their IT needs and that it was time for a permanent solution. He stated that there was a bid process, and Georgia Municipal Association’s (GMA) partner Sophicity, which provides the “IT in a Box” program, won the bid. The program provides cyber security, 24/7 service for a monthly fee. He added that if there was a hardware issue, an hourly rate would be added. Mr. Perkins shared that he was comfortable with the recommendation due to current warranties on each computer and that any repairs would be Dells responsibility. He stated that the monthly cost would be $1,001.18 which would also include server monitoring, server backup, and remote maintenance. This low monthly cost included a GMA rebate. He ended by stating that their technicians were also GCIC approved and that perhaps the Town’s administration could use the service in the future. He recommended approval contingent upon further legal review of the agreement. Council Member Howard made a motion to approve an agreement with Sophicity/IT in a Box to provide IT services to the Police and Court upon further legal review. Council Member Housley seconded the motion. Motion was approved 3-0. 8. Approval to adopt an ordinance restating the Adoption Agreement of the Georgia Municipal Employees Benefit System Defined Benefit Retirement Plan. Sandy Beach, Finance Manager Ms. Beach stated that she had received a request to adopt the changes made to the Defined Benefit Retirement Plan from the Georgia Municipal Employees Benefit System (GMEBS), who administers the Town’s pension plan for our employees. Every year or so GMEBS reviews their master plan and makes needed changes. In turn, they require all municipalities to adopt the pension adoption agreement in the form of an ordinance. Ms. Beach recommended approval. Council Member Housley made a motion to adopt the changed to the Georgia Municipal Employees Benefit System Pension Adoption Agreement ordinance. Council Member Howard seconded the motion. Motion was approved 3-0. Staff Comments Ms. Baker stated that in 2017, the Town’s representative for the Fayette County Development Authority was appointed for a term to end December 31, 2019. She stated that the term would in fact expire on December 31, 2020. Ms. Baker shared that the Town should be proud, out of fifteen county polling sites, the average attendance percentage was 12% for the last General Election and Tyrone’s average was 21%. She added that Tyrone usually had a great turn-out at the polls. Council Meeting November 21, 2019 Page 8 of 10 Mr. Trocquet announced that the online building permit project was finally complete and now builders and citizens could apply for their permits online. He added that currently payments must be made in person. The online service is part of our contract with Safebuilt. He gave much thanks to the Office Coordinator, Ciara Willis for learning the system and assisting him with the duties. He added that she was a great asset. He stated that by having the system in place, it freed up much of his time to concentrate on projects that he previously did not have time for. He reminded everyone that the process was completely paperless. Ms. Beach shared that Ms. Ellie Emini gave her two-week notice. She added that she would be greatly missed but that the opportunity was a good one and a step-up for Ms. Emini. Ms. Beach added that the previous staff members in that position all left on good terms to better themselves. She ended by stating that she would be posting the position soon. Mr. Perkins informed everyone that the Town closed on its loan today and that the wire went through, we now have funding for the new complex. He added that the permitting process would be the next step. Mr. Perkins stated that next Tuesday is the guaranteed maximum price (GMP) meeting with the builder and architect. The agreement is under a contractor manager at risk model, if there are any additional costs that arise, it would fall on the contractor. He added that at the last Council meeting, the budget for the complex was just over 4.5 million. If the numbers are correct from the last bid opening, the cost would come in closer to 4.4 million. The numbers were raw at the point regarding the subcontractors but that is where it stands currently. Mr. Perkins also shared that he was a little disappointed that there were not many local contractors that bid on the job. He stated that after the GMP meeting, he would bring the final numbers to Council at the December 5 th Council meeting. The estimated time for silt fencing to be placed should be the first couple of weeks in December. Mr. Perkins stated that in regards to the sewer addition project, easements were currently being acquired. A preconstruction meeting with GMC would be on Tuesday as well. Mr. Perkins announced that another third-party rating service rated Tyrone as the 5th Safest City in Georgia. He thanked Chief Mundy and the Police Department for all they do. Mr. Perkins introduced Boy Scout, Sy Thompson from Troop 47, who was in attendance working on his Citizen and Community Badge. Council Meeting November 21, 2019 Page 9 of 10 Executive Session Council Member Howard made a motion to move into Executive Session for one (1) item of land acquisition. Council Member Furr seconded the motion. Motion was approved 3-0. Council Member Furr made a motion to reconvene. Council Member Housley seconded the motion. Motion was approved 3-0. Mr. Davenport informed Council that staff was working with a River Oaks citizen regarding a drainage issue. He added that being the property was privately owned, and in the best interest of the Town, the home owner has provided an easement for the Town to enter onto his property. Mr. Davenport advised that in order for the Town to move forward, the action needed to be voted on publicly. Council Member Housley made a motion to accept the easement from Ed Smith. Council Member Howard seconded the motion. Motion was approved 3-0. Adjournment Council Member Furr made a motion to adjourn. Motion was approved 3-0. The meeting adjourned at 8:07pm. ______________________ ________________________ Eric Dial, Mayor Dee Baker, Town Clerk Council Meeting November 21, 2019 Page 10 of 10