May 12, 2011 Minutes

September 9, 2011

Regular Meeting of the Mayor and City Council
City of Ball Ground, Georgia
Ball Ground City Hall ~ 7:00 P.M.

MINUTES
May 12, 2011

Item 1: Meeting Called to Order by Mayor Rick Roberts

Council Members Present:  John Byrd, Frank Homiller, Mickey O’Malley, Lee Prettyman & Andrenia Stoner

Staff Present:  Darrell Caudill, City Attorney; Dana Davis, Police Chief; Donna England, Finance Director; Eric Wilmarth, City Manager; & Karen L.   Jordan, City Clerk, Michael Chapman, City Planner

Item 2:  Pledge of Allegiance 

Item 3: Appearances 
 Nathan Brandon, Director of Cherokee County Senior Services addressed Mayor and Council concerning the Cherokee County Senior Center and  the services he and his staff provide.

 Benny Carter, Chairman of the Cherokee County Volunteer Aging Council addressed Mayor and Council to enlighten them about the services and  support  the VAC provides to Cherokee County Seniors.

 Mayor Roberts thanked Mr. Brandon and Mr. Carter for attending the meeting and commended them for the services they provided to the   community. 
   
Item 4: Announcements/Informational Items/Project Updates – City Manager
• Heritage Days Festival will be held May 14th  & 15th
• City Hall will be closed May 30 in observance of Memorial Day
• Pre Audit, Compliance & Observation is scheduled to begin Tuesday, May 31st

Item 5: Approval of Minutes
a) April 14, 2011 City Council Meeting
 Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to approve the minutes of the April 14, 2011 City Council   Meeting as submitted in writing by the City Clerk.
 Motion Approved 5 Yeas 0 Nays

Item 6:  Old Business – None

Item 7: New Business
a) Consider 1st Reading of 2011-2012 Budget
 Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the first reading of this ordinance.
 Motion Approved 4 Yeas 0 Nays

 ORIDANCE 2011
 TO ADOPT THE FISCAL YEAR 2011-2012 BUDGET FOR EACH FUND OF THE CITY OF BALL  GROUND, GEORGIA, APPROPRIATING THE  AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES / EXPENSES, ADOPTING THE SEVERAL ITEMS OF REVENUE   ANTICIPATIONS, AND PROHIBITING EXPENDITURES OR EXPENSES FORM EXCEECING THE ACTUAL FUNDING AVALIABLE

       WHEREAS, sound governmental operations require a budget in order to plan the financing of services of the residents of the City of   Ball Ground; and
         
  
  WHEREAS, Title 36, Chapter 81, Article 1 of the Official Code of Georgia Annotated (OCGA) requires a balanced budget for the City’s  fiscal year, which runs from July 1 to June 30 of each year; and

       WHEREAS, the Mayor and City Council of the City of Ball Ground have reviewed the proposed FY2011 – 2012 budget as presented by the  City Manager; and

       WHEREAS, each of these funds is a balanced budget, so that anticipated revenues and other financial resources for each fund equal the  proposed expenditures or expenses; and

      WHEREAS, THE Mayor and City Council wishes to adopt this proposal as the Fiscal Year 2011 – 2012 Annual Budget, effective   from July 1, 2011 through June 30 2012.

      NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Ball Ground Georgia, as follows:

       Section 1. That the proposed Fiscal Year 2011 – 2012 Budget, attached hereto and incorporated  herein as a part of this Resolution is  hereby adopted as the Budget for the City of Ball Ground, Georgia for Fiscal Year 2011 – 2012, which begins July 1, 2011  and ends on June 30,  2012.

       Section 2.  That the several items of revenue, other financial resources, and sources of cash shown in the budget for each fund in the  amounts shown anticipated are hereby adopted, and that the several amounts shown in the budget for each fund as proposed expenditures or  expenses, and uses of cash are hereby appropriated to the departments named in each fund.

       Section 3.  That the “legal level of control “as defined in OCGA §36-81 is set at the departmental  level, meaning that the City  Administrator in his capacity as Budget Officer is authorized to move appropriations from one line item to another within a department, but under   no circumstances may expenditures or expenses exceed the amount appropriated for a department without a further Budget amendment   approved by the Mayor and City Council.

      Section 4.  That all appropriations shall lapse at the end of the fiscal year.

      Section 5.  That this Ordinance shall be and remain in full force and effect from and after its date of adoption.  
    /s/ A. R. Roberts, III, Mayor
    A. R. Roberts, III, Mayor

Attest:  /s/ Karen L. Jordan
 Karen L. Jordan, City Clerk 

b)  Consider Resolution 2011-R04 Development of Fund Balance Policy
Council Member Homiller put forth a motion, Seconded by Council Member Prettyman to approve Resolution 2011-R04 as submitted.
Motion Approved 5 Yeas 0 Nays.

        RESOLUTION
         2011-R04

            WHEREAS, the Mayor and City Council of Ball Ground, Georgia (“Ball Ground”) are in full support of the Finance Department; and

            WHEREAS, the City of Ball Ground is committed to the development and implementation of administrative policies; and

            WHEREAS, The Fund Balance Policy has been developed to enhance the usefulness of fund balance information by providing clearer   fund balance classifications that can be more consistently applied as recommended by the Governmental Accounting Standards Board (GASB);  and

            WHEREAS, the authority to assign fund balance classifications for proper reporting is given to the City Manager, City Director of  Finance, or the designee of the City Manager;

            THEREFORE, BE IT RESOLVED, that the Mayor and the City Council of the City of Ball Ground, Georgia do hereby adopt the attached  Fund Balance Policy;
 
            SO RESOLVED this 12th Day of May, 2011

  /s/ A. R. Roberts, III, Mayor
  A. R. Roberts, III, Mayor                                                       
                                                                                  
 Attest: /s/Karen L. Jordan, City Clerk
  Karen L. Jordan, City Clerk

c)  Consider Ordinance Authorizing Cherokee Co. Board of Elections to Conduct City Elections Cherokee Co. Board of Elections to Conduct City Elections

Council Member Homiller put forth a motion, Seconded by Council Member Stoner to approve the first reading of the Ordinance Authorizing Cherokee Co. Board of Elections to Conduct City Elections as stated below.
Motion Approved 5 Yeas 0 Nays

        ORDINANCE
      CONDUCTING OF Elections BY CHEROKEE COUNTY

  WHEREAS:  The City of Ball Ground, Georgia will hold a General Election on Tuesday, November 8, 2011; and;

  WHEREAS:  The City may have need to hold additional City Elections, including special elections, runoff elections and referenda (in  addition to the General Elections, collectively “City Elections”), for  2011 and in the future; and

  WHEREAS: The City Council is hereby in agreement that it would be in the best interest of its citizens, pursuant to O.C.G.A.   §21-2-45(c), to pay Cherokee County to utilize the Cherokee County Board of Elections and Registration staff, equipment and expertise in  conducting our City Elections for 2011 and in the future; and

  WHEREAS: Individual duties and responsibilities of both City and county staff shall be set forth in more detail in an Intergovernmental  Agreement between the City and the County.

  NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL that the Mayor is hereby directed, pursuant to O.C.G.A. §  21-2-45(c), to execute on behalf of the City an intergovernmental agreement  with Cherokee County, Georgia outlining specific duties, costs and  other details of Cherokee County conducting  our City Elections as described above, with such agreement to be prepared in conjunction with our  City Attorney, the City Clerk and the Cherokee County Supervisor of Elections and Registration and the Cherokee  County Attorney.

 As ordained and adopted this _____ day of ____________, 2011.

     /s/ A. R. Roberts, III, Mayor
     A. R. Roberts, III, Mayor

 Attest:  /s/ Karen L. Jordan
  Karen L. Jordan, City Clerk

d)  Consider Resolution 2011-R05 Call for Conduction of a Special Election to be held Tuesday, November 8, 2011 for the purpose to permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 PM and 11:30 PM.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve Resolution 2011-R05 as stated below.
Motion Approved 5 Yeas 0 Nays.

      RESOLUTION 2011-R05
 CALLING FOR REFERENDUM TO ALLOW THE CITIZENS OF THE CITY OF BALL GROUND, GEORGIA TO VOTE ON WHETHER TO  AUTHORIZE RETAILERS TO SELL BY PACKAGE,  MALT BEVERAGES, WINE AND DISTILLED SPIRITS, ON SUNDAYS BETWEEN  THE HOURS OF 12:30 P.M. AND 11:30 P.M.

  WHEREAS, the City of Ball Ground, Georgia (hereinafter sometimes referred to as the “City”) is a municipality duly formed and existing pursuant to Georgia law; and

  WHEREAS, the General Assembly of the State of Georgia has enacted legislation authorizing the City to permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 p.m. and 11:30 p.m. if such sales are approved in a referendum by the electors of the City voting in an election as called and conducted in a manner authorized under O.C.G.A. ‘ 21-2-540; and

  WHEREAS, the City of Ball Ground, Georgia, has the legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general laws, and which are not inconsistent with the Constitution or any charter provision applicable thereto;  and

  
   WHEREAS, the Mayor and Council of the City, in compliance with the laws passed by the General Assembly, desire to allow the citizens of the City to vote their desires with respect to the authorization of the City to permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 p.m. and 11:30 p.m.
   _______________________
¹ O.C.G.A.  ’36-35-3 (a) provides as follows:
 “(a)  The governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for  which no  provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto.  Any such charter provision shall remain in force and effect until amended or repealed as provided in subsection (b) of this Code section.  This Code section, however, shall not restrict the authority of the General Assembly, by general law, to define this home rule power further or to broaden, limit, or otherwise regulate the local law to repeal, modify or supersede any action taken by a municipal governing authority under this Code section, except as authorized under Code Section 36-35-6.”

 NOW, THEREFORE, BE IT RESOLVED AND ORDAINED by the Mayor and Council of the City, by the lawful authority vested in them, that the City shall permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 p.m. and 11:30 p.m., as authorized by O.C.G.A. ‘ 3-3-7 (q) (1) or such other laws as may authorize such sales; and

 NOW, THEREFORE, BE IT RESOLVED AND ORDAINED by the Mayor and Council of the City of Ball Ground, Georgia, by the lawful authority vested in them, that the sale by package of malt beverages, wine, and distilled spirits shall be subject to approval of the electors of the City by vote in a referendum to be called in accordance with the laws of the State of Georgia and that the election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under O.C.G.A. ‘ 21-2-540 and any and all other applicable laws, if any.

 This 12th Day of May, 2011.
            /s/  A. R. ROBERTS, III, MAYOR
      CITY OF BALL GROUND, GEORGIA
  Attest:  /s/ Karen L. Jordan, Clerk
  CITY OF BALL GROUND, GEORGIA

e)  Consider Resolution 2011-R06 Call for Conduction of a Special Election to be held Tuesday, November 8, 2011 for the purpose to permit and regulate Sunday sale of distilled spirits or alcoholic beverages purposes by the drink.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve Resolution 2011-R06 as stated below.
Motion Approved 5 Yeas 0 Nays.

       RESOLUTION 2011- R06
CALLING FOR REFERENDUM TO ALLOW THE CITIZENS OF THE CITY OF BALL GROUND, GEORGIA TO VOTE ON WHETHER TO AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES ON SUNDAYS FROM 12:30 P.M. UNTIL 12:00 MIDNIGHT

 WHEREAS, the City of Ball Ground, Georgia (hereinafter sometimes referred to as the “City”) is a municipality duly formed and existing pursuant to Georgia law; and

 WHEREAS, the General Assembly of the State of Georgia has enacted legislation authorizing the City to permit and regulate the sale of alcoholic beverages for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight if such sales are approved in a referendum by the electors of the City voting in an election as called and conducted in a manner authorized under O.C.G.A. ‘ 21-2-540; and

 WHEREAS, the City of Ball Ground, Georgia, has the legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general laws, and which are not inconsistent with the Constitution or any charter provision applicable thereto;  and

 WHEREAS, the Mayor and Council of the City, in compliance with the laws passed by the General Assembly, desire to allow the citizens of the City to vote their desires with respect to the authorization of the City to permit and regulate sales by the drink for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight.

  O.C.G.A. ’36-35-3(a) provides as follows:

     “(a)  The governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto.  Any such charter provision shall remain in force and effect until amended or repealed as provided in subsection (b) of this Code section.  This Code section, however, shall not restrict the authority of the General Assembly, by general law, to define this home rule power further or to broaden, limit, or otherwise regulate the exercise thereof.  The General Assembly shall not pass any local law to repeal, modify or supersede any action taken by a municipal governing authority under this Code section, except as authorized under Code Section 36-35-6.”
NOW, THEREFORE, BE IT RESOLVED AND ORDAINED by the Mayor and Council of the City, by the lawful authority vested in them, that the City shall authorize the sale of alcoholic beverages for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight in any licensed establishment which derives at least 50 percent of its total annual gross sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging as authorized by O.C.G.A. § 3-3-7(j)(1).

 NOW, THEREFORE, BE IT FURTHER RESOLVED AND ORDAINED by the Mayor and Council of the City of Ball Ground, Georgia, by the lawful authority vested in them, that the sale of alcoholic beverages for consumption on the premises shall be subject to approval of the electors of the City by vote in a referendum to be called in accordance with the laws of the State of Georgia and that the election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under O.C.G.A. ‘ 21-2-540 and any and all other applicable laws, if any

 This 12th Day of May, 2011.
          /s/ A. R. Roberts, III, Mayor
    CITY OF BALL GROUND, GEORGIA

 Attest:  /s/ Karen L. Jordan, Clerk
 CITY OF BALL GROUND, GEORGIA

f)  Consider An Ordinance Authorizing the increase of Fees Insurance Companies pay to transact business within the City of Ball Ground

Council Member Prettyman put forth a motion; Seconded by Council Member Stoner to approve first reading of the ordinance stated below which Authorizes the increase of Fees Insurance Companies pay to transact business within the City of Ball Ground, Ga.
Motion Approved 5 Yeas 0 Nays.

      AN ORDINANCE

  To impose license fees on insurers conducting business within the City of Ball Ground, Georgia; to impose a gross premiums tax on  insurers operating within the State of Georgia; to provide an effective date; to  repeal conflicting ordinances; and other purposes.

 Be it ordained by the Mayor and Council of the City of Ball Ground, Georgia; and it is hereby ordained byauthority thereof:

 Section 1.  Insurers License Fees
  There is hereby levied for the year 2012 and for each year thereafter an annual license fee upon each insurer doing business within the City of Ball Ground, Georgia in the amount of twenty-five dollars ($25.00).  For each separate business location in excess of one not covered by Section 2, which is operating on behalf of such insurers within the City of Ball Ground, Georgia; there is hereby levied a license fee in the amount of twenty-five dollars ($25.00).  For the purposes of this ordinance, the term “insurer” means a company which is authorized to transact business in any of the classes of insurance designated in O.C.G.A. Sec. 33-3-5.

 Section 2.  License Fees for Insurers Insuring Certain Risks at Additional Business Locations
  For each separate business location, not otherwise subject to a license fee hereunder, operated and maintained by a business organization which is engaged in the business of lending money or transacting sales  involving term financing and in connection with such loans or sales offers, solicits or takes application for  insurance through a licensed agent of an insurer for insurance said insurer shall pay an additional license fee of  ten dollars ($10.00) per location for the year 2012 and for each year thereafter.

 Section 3.  Gross Premiums Tax Imposed on Life Insurance
  There is hereby levied for the year 2012 and for each year thereafter an annual tax based solely upon gross direct premiums upon each insurer writing life, accident and sickness insurance within the State of Georgia in an amount equal to one percent (1%) of the gross direct premiums received during the preceding calendar year in accordance with O.C.G.A. Sec. 33-8-8.1.  Gross direct premiums as used in this section shall mean gross direct premiums as used in O.C.G.A. Sec.33-8-4.  The premium tax levied by this section is in addition to the license fees imposed by Section 1 of this ordinance.

 Section 4.  Gross Premiums Tax, All Other Insurance
  There is hereby levied for the year 2012 and for each year thereafter an annual tax based solely upon gross direct premiums upon each insurer, other than an insurer transacting business in the class of insurance  designated in subsection 1 of O.C.G.A. Sec.33-3-5, doing business within the State of Georgia in an amount equal to two and one-half percent (2.5%) of the gross direct premiums received during the preceding calendar year in accordance with O.C.G.A. Sec. 33-8-8-2.  Gross direct premiums as used in this section shall mean gross direct premiums as used in O.C.G.A. Sec.33-8-4.  The premium tax levied by this section is in addition to the license fees imposed by Section 1 of this ordinance.

 Section 5.  Due Date for License Fees
  License fees imposed in Sections 1 and 2 of this ordinance shall be due and payable on the first day of 2012 and on the first date of each  subsequent year.

 Section 6.  Administrative Provisions
  The City Clerk is hereby directed to forward a duly certified copy of this ordinance to the Insurance Commissioner of the State of Georgia  within 45 days of its enactment.

 Section 7.  Effective Date
  This ordinance shall be come effective January 1, 2012.

 Section 8.  Severability
  In the event any portion of this ordinance shall be declared or adjudged invalid or unconstitutional, it is the intention of the City Council of  the City of Ball Ground, Georgia, that such adjudication shall in no manner affect the other sections, sentences, clauses or phrases of this  ordinance which shall remain in full force and effect, as if the invalid or unconstitutional section, sentence, clause or phrase were not originally a  part of the ordinance.

 Section 9.  Repealed
  All ordinances and parts of ordinances in conflict with this ordinance as hereby repealed.

Item 8: City Administrator Report 
 Financial Report – An unaudited report of account balances, statement of revenue and expenditures for the month ended April 30, 2011 was  presented by City Administrator Wilmarth.  The report showed cash on deposit totaled $686,687.78.

 Water /Sewage – The well produced 5.1 million gallons of water while selling 3.44 million gallons.  This resulted in a loss of 31% for the month of  April. 

 The annual Consumer Confidence Report has been mailed to all City of Ball Ground Water Customers.

 Roads/Streets – On May 4, 2011 the firm of Morland Altobelli sent notice to the Georgia Department of Transportation stating that the City of Ball  Ground streetscape project was complete and that the City had met its cost share obligations.  The total cost of the Streetscape Project was  verified at $1,158,678.89.  The City contributed $238,678.80 with the remaining project funded by TE funds.

 Construction has begun on The Community Development Block Grant Project (Valley/Old Dawsonville Rd. Sidewalk Project). 

 Parks/Recreation – The Cherokee County Parks and Recreation Department along with an engineering firm has made an on site visit to Ball Ground  for the purpose of preparing a master plan for the city park.

 Public Safety – Chief Davis presented a written report of the department’s activity for the month ended April 30, 2011. 

Item 9:   Mayor Roberts & City Council Comments
 Council Member Prettyman presented a report on behalf of the Public Works Committee.
 He reported that staff is currently seeing an alternative solution for acquiring additional  sewage treatment capacity.  At this time it appears that the  best solution is to purchase  sewage capacity from the Cherokee County Water and Sewage Authority at a new plant to be built on East Cherokee  Drive.

 Council Member Prettyman also noted that numerous water leaks in the Cherokee Village Subdivision continue to plaque the water department.  At  this time we are not sure if the leaks are a result of defective materials or improper installation during construction.

 Insertion meters have been ordered to determine how much water is flowing through a  particular pipe on a dead end line stated Council Member  Prettyman.  Once the meters have been installed the water department will be able to identify the water flow in the line and pinpoint the areas where  we are loosing water.

 Mayor Roberts reported he had met with former Representative Garland Pinholster to discuss the naming of the Downtown Plaza in his honor.   Mayor Roberts stated a dedication date would be set later this year.
 
 Council Members were encouraged by Mayor Roberts to attend the “Spring Legislative” meeting sponsored by the Georgia Municipal Association to  be held in Woodstock on Monday.

Item 10: Public Comments – None

Item 11:  Executive Session (If Needed)

Item 12:  Adjourn
 There being no further business for Mayor and Council consideration a motion was duly made and seconded to adjourn at 8:20PM.

 The Minutes of this May 12, 2011 City Council Meeting approved this 9th day of June,  2011.

/s/ A. R. Roberts, III, Mayor                     /s/ Frank Homiller, Council Member

 /s/ John Byrd, Council Member             /s/ Mickey O’Malley, Council Member

/s/ Lee Prettyman, Council Member    /s/ Andrenia Stoner, Council Member

 

Attest /s/ Karen L. Jordan
 City Clerk Karen L. Jordan

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