Mayor and Council

700 Doug Davis Drive
Hapeville, GA 30354

September 19, 2017 

6:00 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


Paint the Town Presentation - Linda Murray
Public Hearing
Consideration and action to set the 2017 Property Tax Millage rate at 16.44.


On June 20, 2017 Council adopted the City Budget on final reading.  As of the adoption date, the City did not have its preliminary digest for millage rate calculation and property tax estimate.  The City received its estimated digest in August and we are proposing a 16.44 mill rate, decreasing the millage by 0.17 mills from fiscal 2017.  This rate has been appropriately advertised as required and is ready for adoption by council.  At this time staff projects the General Fund millage of 16.44 Mills will generate approximately $6.5 million.  The City's budget estimate for property tax was approximately $5.2 million.

City Staff recommends adoption of the 16.44 millage rate for the 2017 property tax billing.

Consideration and action to set the 2017 Special District Tax Millage Rate at 1.0.
Council instructed staff to develop a Special District for the purpose of securing special fire equipment. This district applies to buildings of four (4) or more stories in the City. The rate recommended and advertised is 1.0 Mills. 

The Special District Tax of 1 Mills for Fire generated revenues of approximately $79,000 in FY 2017.  The city expects receipts to increase with the 2017 tax assessments. A list of properties included in the District has also been provided for your information. 

Consideration And Action On A Conditional Use Permit For The Construction of a commercial parking lot upon a 1.36-acre parcel at 1155 Virginia Avenue.
The City Planning Commission considered this issue on Tuesday, September 12, 2017 and recommended approval by Council of the Conditional Use Permit subject to seven (7) conditions.  Staff supported their findings and recommendation subject to the conditions outlined. 

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 a Memorandum of Understanding with Hapeville Elementary School to allow for emergency evacuation of school facilities to the Tom E. Morris Sports Complex Parking lot.
This agreement with allow for Hapeville Elementary School to evacuate its facility to the Tom E. Morris Sports Complex parking lot.  
Consideration and action to enter into a Memorandum of Understanding with Hapeville Middle School to allow for emergency evacuation of school facilities to the Tom E. Morris Sports Complex Parking lot.
This agreement with allow for Hapeville Middle School to evacuate its facility to the Tom E. Morris Sports Complex parking lot.  
Consideration and action to provide emergency pay to all employees who worked during the declared emergency.
During the recent Tropical Storm, Governor Deal declared Georgia a State of Emergency.  As such the City had its employees to report to work that were essential to providing support services to the citizens during the this event.   The employees who worked should be recognized for their quick response and dedication during this Storm.  Staff is proposing that employees receive compensation for the hours worked at 1.5 X hourly rate.  This would be a total budget impact of approximately $9,000.00, to come from the personnel budgets from the individual departments.   Salary savings due to normal staff turnover will accommodate the emergency pay difference.  

Consideration and action to approve Resolution 2017-11 Water and Sewer Fund Transfer


Property tax receipts account for approximately 50% of the General Fund cash inflows.  The city bills taxes from the Property Digest provided by the Fulton County Tax Assessor.  This year’s tax digest file is expected to be delivered near the end of   September.  The City expects to bill shortly thereafter and expects collections within 45 days of billing.  Presently, the General Fund cash reserves are insufficient to fund operations from the beginning of the fiscal year until December.  The City proposes to fund the shortfall by transferring $2,000,000.00 from the Water Sewer Fund with repayment to the Water Sewer Fund by December 31, 2017. 

Cash reserves for the General Fund as of July 1, 2017 were approximately $350,000 and
$2,600,000 for the Water Sewer Fund. 

The following resolution for council approval memorializes the transaction.

Victoria Lane Emergency Sewer Line Collapse Repair
Consideration to approve RDJE Inc. in the amount of $ 11,134.97 for an emergency sewer line collapse repair on July 11, 2017.

Summary and Background
On July 11, 2017 we discovered an 8" sanitary sewer line had collapsed on Victoria Lane and started backing up. We contacted RDJE Inc. to make an emergency repair of the 8" sewer line that was approximately 9 feet deep. This emergency repair will be expensed from the repairs and maintenance budget in the Water and Sewer Fund.  
  1. Victoria Ln.pdf
Consideration and action to approve Professional Services by J. K Boatwright and Co. P.C. for 2017 Audit preparation assistance, not to exceed 12,000.00.
The appointment of Tim Young to Interim City Manager and reduction in available hours by consultant, Regina King, has caused the Finance Department to be short-handed for its audit preparation. City Staff recommends authorization to use J. K Boatwright & Co., P.C. for audit schedule and trial balance preparation.  Maximum expected cost for the services is $12,000.  The use of the prior year's auditors does not impact independence as the city retained Mauldin & Jenkins to perform the 2017 audit.

Staff recommends authorization to utilize J. K. Boatwright & Co for professional services for up to $12,000.  The Finance Department has budget funds available for these expenditures.

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

Old Business
New Business
Consideration and action to adopt the recommendation of the Traffic Engineer regarding Parking along North Central Avenue and South Central Avenue.
Consideration And Action on the installation of a traffic signal at the intersection of Virginia Avenue and Norman Berry Drive.
The City Planning Commission has recommended that the City Council consider the installation of a traffic signal, to be paid for by RaceTrac, Inc., as part of the site plan approval as heard by the Planning Commission on August 8, 2017.  This traffic signal is intended to ease congestion and facilitate traffic flow from the La Quinta Inn, Ruby Tuesday, RaceTrac, and traffic onto and from Norman Berry Drive and Virginia Avenue.  The signal will include a pedestrian crossing.  City Staff recommends approval of the installation of the light, pending legal review and execution of the following: (1) the execution by the Mayor of an intergovernmental agreement and other necessary agreements, documents, and instruments between the cities of Hapeville and East Point, regarding the maintenance of synchronization by East Point of  the new traffic signal at the intersection of Norman Berry and Virginia Avenue and the traffic signals at Bobby Brown/Virginia Ave and 85/Virginia Ave;  and, (2) the execution by the Mayor of an agreement with RaceTrac, Inc. whereas RaceTrac will pay the full cost of installation of the traffic signal at the Norman Berry/Virginia Ave intersection.  

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.