Mayor and Council

700 Doug Davis Drive
Hapeville, GA 30354

August 15, 2017
7:00 PM
Call to Order
Roll Call
Mayor Alan Hallman
Alderman at Large Michael Rast 
Councilman at Large Michael Randman
Councilman Ward I Joshua Powell
Councilman Ward II Diane Dimmick


Fire Department Recognition
Questions on Agenda Items
The public is encouraged to communicate their questions, concerns, and suggestions during Public Comments.  The Council does listen to your concerns and will have Staff follow-up on any questions you raise.  Any and all comments should be addressed to the Governing Body, not to the general public and delivered in a civil manner in keeping with common courtesy and decorum.
Consent Agenda
Consideration and action to enter into Release of Claims and Settlement Agreement regarding the Performing Arts Center Roof Collapse
On July 21, 2015, the roof of the Performing Arts Center collapsed.  As a result, the City filed claims with its insurance carrier, GIRMA, and the general contractor, Diversified Construction Company of Georgia (Diversified), and the subcontractor, David Benschitrit (Benschitrit), filed claims with their insurance companies.

The parties agreed to a settlement of $5,659.76 from Diversified and $111,443.00 from Benschitrit.  However, the settlement payout can only be paid if a release/settlement agreement was executed by the City.  The parties were not in agreement on several terms in the agreement, and this caused a delay in receipt of the funds by the City.  Therefore, GIRMA paid the City the funds in anticipation that the agreements would be executed and the City would reimburse GIRMA.

In an effort to close the matter, the attached releases (which have been approved by the parties) are attached for your review, consideration, and approval.
Consideration and action to enter into a Release of Property Damage Claim with Donegal Insurance Company in the amount of $35,559.02 for damage to the Hapeville Depot Museum and to authorize the Mayor to sign all necessary documents pending legal review.
On April 21, 2017 a driver struck the front of the Depot Museum causing damage to the facility.   The City filed an insurance claim against the Driver's insurance carrier, Donegal, who appraised the damaged and estimated cost of repairs $35,559.   The repairs have now been completed and Donegal is requesting the Release of Property Damage Claim be executed.  

The City Attorney has reviewed the document and requested that additional language be added and Donegal is reviewing the language.  In order not to delay this process until the September meeting of Mayor and Council, staff is recommending moving forward with approval of this matter, pending legal review.  

Consideration and action to enter into an Agreement of an Audit Engagement With The Top Ranked Audit Firm Mauldin and Jenkins, CPA and to authorize the Mayor to sign all necessary documents pending legal review.

At the Hapeville City Council meeting on July 18th, 2017, Council directed city staff to open negotiations with Mauldin & Jenkins, CPA's for the FY 2017 audit.  Staff was directed, if suitable terms could not be met with Mauldin & Jenkins to proceed with the next highest ranked firm from the proposal rankings with the caveat that JK Boatwright would be placed in bottom of the list.

Finance management and a Council member met with engagement representatives from Mauldin & Jenkins on August 2nd to discuss the audit proposal and suggest next steps.  For Council consideration is the included engagement letter for the FY 2017 audit, with proposed audit fee of $35,000.

Staff recommends that Council authorizes approval for signing the audit engagement letter.

Old Business
Discussion of usage of Fulton County revolving loan funds.

Since 2001 the City has had an economic development grant of $50,000 provided by Fulton County.  The funding was seed money for business loans to assist in furthering City economic development efforts.  Matching funds for the program were never provided and the $50,000 has been in a separate City account accruing interest.  The City has recently worked with the Development Authority of Fulton County to allow Hapeville’s re-purposing the grant.  Per the included letter, on August 3, 2017 the Development Authority of Fulton County approved the re-positioning of the grant with an understanding Hapeville would use a portion to join Connect South Fulton ($6,800) and the City's commitment to use the balance to further the economic development of the City and County.  Council approved the joining of Connect South Fulton and the payment of $6,800 has been issued.  Further, Council guidance is needed on how to re-purpose the remaining $43,606.

As a financial note, use of these funds does constitute a use of fund balance and will be so represented, in fiscal 2018.   Funds from this account will be transferred to the pooled cash account on a dollar for dollar basis of its use.

New Business
Consideration and action to appoint Ken Parish as CID Board representative.
The City is to appoint a Board member to represent the interests of the community on the expanded CID Board.  Mr. Folz, who was originally appointed, has relayed to the City that he is unable to fulfill this role.  Mr. Parish has expressed his interest to serve in this position.  He currently serves as the VP, District Manager Greater Atlanta South, Small Business Leader for South Atlanta Region at Wells Fargo. 

Consideration and action on Ordinance 2017-16 Surfacing Regulations Moratorium
At the May 2, 2017 council meeting, Mayor and Council approved the most recent amendments to Chapter 58 of the Code of Ordinances regarding driveway surfacing.

Since that meeting, citizen input has prompted discussion and interest in the imposition of a moratorium on the enforcement of the compliance provisions of the driveway surfacing regulations.  

If imposed, the moratorium will be effective on or about August 15, 2017 and it will expire, unless extended, the day after the first council meeting in November 2017.

The moratorium is attached for your review, consideration and approval.
City Manager Report
Public Comments

At this time, the Mayor opens the floor to comments from the audience. Comments should relate to a specific agenda item, not listed on the agenda for a Public Hearing, or to a concern within the jurisdiction of the City. Mayor and Council meetings serve the purpose of conducting city business and are not a forum for the unlimited expression of opinion. The Mayor reserves the right to limit comments to matters germane to city business and may refer speakers to the City Manager or other staff for resolution.  

Mayor and Council Comments
Executive Session
When Executive is Required one will be called for the following issues: 1) Litigation O.C.G.A. §50-14-2; 2) Real Estate O.C.G.A. §50-14-3(b)(1); or 3) Personnel O.C.G.A. §50-14-3(b)(2).

Public involvement and citizen engagement is welcome as Hapeville operates a very open, accessible and transparent government. We do however remind our attendees/residents that there are times allocated for public comments on the agenda. In order for council to conduct their necessary business at each meeting, we respectfully ask that side-bar conversations and comments be reserved for the appropriate time during the meeting. This will allow the City Council to conduct the business at hand and afford our meeting attendees ample time for comments at the appropriate time during the meeting.