Demorest The Hearl ofHabersham  Demorest City Council Regular Session Tuesday, August 6, 2024 7:00P.M.  Demorest Municipal Conference Center . 250, Alabama St Demorest, GA. 30535  ATTENDEES:  Shawn Allen, Councilman Donnie Bennett, Councilman Jerry! Harkness, Mayor Jimmy Davis, Councilman  Andrew Ferguson, Councilman Megan Chastain, City Clerk Thomas Mitchell, City Attorney Mark Musselwhite, City Manager  The August 6, 2024 Regular Session was held in the Demorest Municipal Conference Center located at  250 Alabama Street. 1. INVOCATION  Mayor Harkness opened the meeting by leading inj prayer.  2. CALLT TO ORDER  Mayor Harkness called the meeting to order at 8:21 p.m.  3. APPROVAL OF AGENDA  Mayor Harkness requested to add WATER METER ORDINANCE. Harkness called for a motion. A motion was made by Councilman Allen to accept the agenda as amended and was seconded by Councilman ACTION: The motion to approve the agenda as amended was unanimously approved (4-0). 4. APPEARANCE & PUBLIC COMMENT (please limit your comment to 2 minutes)  Ferguson.  There was no public comment.  5. APPROVAL OF MINUTES: June 17, June 26 &. July 2  Mayor Harkness called for a motion to accept the. June 17,June 26 and July 2 minutes as presented.. A motion to accept the minutes as presented was made by Councilman Davis and was seconded by ACTION: The motion to accept the minutes as, presented was unanimously approved (4-0).  Councilman Ferguson.  1Page    6. CONSIDERATION OF BRAD DAY CONTRACT  Mayor Harkness called for a motion to accept the contract as presented. A motion was made by Councilman Allen and was seconded by Councilman Bennett. Councilman Davis and Councilman Ferguson were not in favor. Mayor Harkness broke the tie by voting to approve the contract. ACTION: The motion to accept the contract as presented was approved. (3for) Allen, Bennett & Harkness as tie breaker (2 against) Davis & Ferguson.  7. CONSIDERATION OF HABERSHAM MEADOWS REPLAT a. COMMON OPEN SPACE WITH MAIL KIOSK  b. LOT56 LOT63 d. LOT64  Mayor Harkness called for any public comment. Tina Hughes, who represents the seller, indicated they are requesting to replat three lots into four plats also making an area for the proposed mailbox kiosk in order to have buildable single-family lots. Councilman Ferguson indicated the homeowners ini front of the current mail kiosk is utilizing the parking spaces in front oft the mail kiosk. Council would like to see parking spaces in front of the mail kiosk when moved. Mayor Harkness called for a motion. A motion to approve the requested replat with the added stipulation of new lot 63 (mail kiosk) having equal amount of parking as the previous mail kiosk was made by Councilman Allen and was seconded by ACTION: The motion to approve the requested replat with the added. stipulation of new lot 63 (mail kiosk) having equal amount of parking as the previous mail kiosk was unanimously approved (4-0).  Councilman Davis.  8. CONSIDERATION OF ACCEPTING LMIG BID  Mr. Musselwhite indicated we received a proposal from Precision Paving int the amount of $56,3251 to cover the 2024 Additional LMIG project but the City was only granted roughly $47,000. Musselwhite would like Councils permission to eliminate some oft the work to get the proposal to match the exact funds received. Mayor Harkness called for a motion. A motion to allow Mr. Musselwhite and Mr. Popham to work down the, job to match the funds received fori the 2024 additional LMIG was made by ACTION: The motion to allow Mr. Musselwhite and Mr. Popham to work down the job to match the  Councilman Allen and was seconded by Councilman Ferguson.  funds received for the 2024 additional LMIG was unanimously approved (4-0).  9. CONSIDERATION OF WATER RATES  Mr. Musselwhite requested this item bei tabled until next month. Mayor Harkness called for a motion. A motion to table Consideration of Water Rates until next month was made by Councilman Bennett ACTION: The motion to table Consideration of Water Rates until next month was unanimously approved  and was seconded by Councilman Davis.  (4-0).  2Page    10.CONSIDERATION OF BIDS AND GEFA GRANT FOR LSLI  Mr. Musselwhite requested we reject the bids received and table this item until next month. Mayor Harkness called for a motion. A motion to reject the bids received and table thisi item until next month ACTION: The motion to reject the bids received and table this item until next month was unanimously  was made by Councilman Allen and was seconded by Councilman Ferguson.  approved (4-0).  11.CONSIDERATION OF PAYING EPD DRINKING WATER INVOICE  Mayor Harkness indicated this is a federally mandated invoice in the amount of $11,770 and called for ar motion. A motion to pay the EPD Drinking' Water invoice in the amount of $11,770 was made by ACTION: The motion to pay the EPD Drinking Water invoice in the amount of $11,770 was unanimously  Counciiman Bennett and was seconded by Councilman Ferguson.  approved (4-0).  12.CONSIDERATION OF BRYCER AGREEMENT  Mayor Harkness called for a motion to accept the cost share agreement presented that was reviewed and modified by Mr. Mitchell. The motion was made by Councilman Davis and was seconded by ACTION: The motion to accept the cost share agreement, presented that was. reviewed and modified by  Councilman Bennett.  Mr. Mitchell was unanimously approved (4-0).  13.CONSIDERATION OF AGREEMENT FOR AUTOMATIC ASSISTANCE  Mayor Harkness called for a motion. A motion was made by Councilman Allen to allow the fire chief to sign the agreement presented and that any changes must come back to Councili fora approval. The motion ACTION: The motion to allow thej fire chief to sign the agreement, presented and that any changes must  was seconded my Councilman Ferguson.  come back to Council, for approval was unanimously approved (4-0).  14.CONSIDERATION OF PFSA WATER SETTLEMENT  Mayor Harkness called for a motion. A motion was made by Councilman Bennett to table the PFSA ACTION: The motion to table the PFSA Water. Settlement for six months was unanimously approved (4-  Water Settlement for six months and was seconded by Councilman Allen.  0).  3Page    15.CONSIDERATION OF KROGER SETTLEMENT  Mayor Harkness requested Councils authority to esign the documents related to this settlement. A motion was made by Councilman Allen to authorize the Mayor to esign the Kroger Settlement for ACTION: The motion to authorize the Mayor to esign the Kroger Settlement for opioids was  opioids and was seconded by Councilman Davis.  unanimously approved (4-0).  16.CONSIDERATION OF WATER METER ORDINANCE (1streading)  Based off issues the City has encountered and continues to encounter, Mr. Mitchell presented a Water Meter Ordinance that put everyone on notice that connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection, exist in various places throughout the city. Owners and buyers of properties served by city utilities are responsible for determining the presence and location of utilities on and/or that serve the property. Any service lines on the owner's side oft the meter are the responsibility oft the owner or potential buyer. No person may block, sever or otherwise interfere with the provision of utility services to any other property. Any person who violates any provision of this article shall be subject to the terms of Section 1-7, "General penalty; continuing violations." This article does not affect any civil remedies for personal injury or damage to property (including underground utilities) except as otherwise specifically provided for in this article. Mayor Harkness called for any further discussions or  changes. This is a first reading.  17.MANAGER'S REPORT & REVIEW OF FINANCIALS  The wall and sidewalk is officially complete.  July 4th success overview. Sewer Bore Update. 2025 Budget Update. Upcoming Tyler Upgrade. Areview oft the June financials.  The monthly' Water Department, WWTP, Fire Department and Police Department report.  18.APPEARANCE & PUBLIC COMMENT (please limit your comment to 2 minutes) 19.CONSIDERATION OF MOTION TO ENTER INTO EXECUTIVE SESSION (if needed)  There was no public comment. There was no executive session. 20.MOTION TO ADJOURN  Ar motion to adjourn was made by Councilman Ferguson and was seconded by Councilman Bennett.  The motion was unanimously approved. The meeting adjourned at 9:01 p.m.  4IPage    PENOREAN SEAL) AGERSHANS  Demorest City Clerk    5Page