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

MINUTES
July 13, 2017

Item 1: Meeting Called to Order to order by Mayor Rick Roberts.

Item 2: Pledge of Allegiance

Item 3: Appearances

Mr. Dave Konwick, a member of the Thomas M. Brady American Legion Post #45 appeared before Mayor and Council Members to ask for consideration of the City of Ball Ground participating in The Military Banner Program. Mr. Konwick stated displaying the banner would be a great way to outwardly honor our country’s veterans and current military members. The net proceeds from the sale of the banners would benefit the Thomas M. Brady American Legion Post #45.

Mayor Roberts and Council Members thanked Mr. Konwick for his service to our country and for information about this program. Mayor Roberts stated he and council members would forward the information to the Main Street/DDA Board for their consideration.

Item 4: Announcements/Informational Items/Project Updates – City Manager
Upcoming events: July 15 Movie in the Park
August 5 Concert in the Park featuring the Dixie Tornadoes

Item 5: Consider Approval of June 8, 2017 Council Meeting Minutes
Council Member Homiller put forth a motion, Seconded by Council Member Prettyman to approve the minutes as submitted in writing by the City Clerk.
Motion Unanimously Approved.

Item 6: Old Business – None

Item 7: New Business
a) Consider Setting 2017 Property Tax Millage Rate
Mayor Roberts stated that because the 2017 property tax digest reflected an increase in growth we would be able to remain revenue neutral when setting the millage rate this year.

City Manager Wilmarth recommended council members consider setting the millage rate at 4.739 mills. City Manager Wilmarth stated we are slightly below revenue neutral due to the increased growth in the digest.

Council Member Homiller put forth a motion, Seconded by Council Member O’Malley to levy a millage rate of 4.739 for the 2017 property tax.
Motion Unanimously Approved.

b) Consider Setting 2017 Fire Tax Millage Rate
Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to levy a millage rate of 3.298 for the 2017 Fire Tax.
Motion Unanimously Approved.
c) Consider IGA with Cherokee County Concerning SPLOST Referendum
Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to enter in the following Intergovernmental Sales Tax Agreement with the Cherokee County Board of Commissioners this 13th day of July 2017.
Motion Unanimously Approved.

INTERGOVERNMENTAL SALES TAX AGREEMENT

This INTERGOVERNMENTAL SALES TAX AGREEMENT (this “Contract”), made and entered into as of July __, 2017, by and among Cherokee County, Georgia (the “County”), a political subdivision of the State of Georgia, and the City of Ball Ground (“Ball Ground”), the City of Canton (“Canton”), the City of Holly Springs (“Holly Springs”), the City of Mountain Park (“Mountain Park”), the City of Nelson (“Nelson”), the City of Waleska (“Waleska”), and the City of Woodstock (“Woodstock”), each a municipal corporation duly created and existing under the laws of the State of Georgia;

W I T N E S S E T H:

WHEREAS, the County and Ball Ground, Canton, Holly Springs, Mountain Park, Nelson, Waleska, and Woodstock (each a “City” and collectively the “Cities”) deem it to be in the best interest of the special district of Cherokee County created by Section 48-8-110.1(a) of the Official Code of Georgia Annotated (the “Special District”) to improve public services in the Special District by carrying out the hereinafter described capital outlay projects, and the most feasible plan for providing funds to pay the costs of such capital outlay projects is to reimpose a special one percent sales and use tax (the “Sales Tax”), for a period of six years beginning upon the termination of the special one percent sales and use tax presently in effect, pursuant to Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated (the “Sales Tax Law”); and

WHEREAS, the Sales Tax Law allows the proceeds of the Sales Tax to be distributed pursuant to the terms of a contract entered into pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia between the County and one or more “qualified municipalities” (as defined in the Sales Tax Law) located within the Special District containing a combined total of no less than 50 percent of the aggregate municipal population located within the Special District;

WHEREAS, the County and the Cities desire to enter into this Contract to meet the provisions of Section 48-8-115(b) (1) of the Official Code of Georgia Annotated; and

NOW, THEREFORE, for and in consideration of the respective representations and agreements hereinafter contained and in furtherance of the mutual public purposes hereby sought to be achieved, the County and the Cities do hereby agree as follows:

Section 1. Representations of the County. The County makes the following representations as the basis for the undertakings on its part herein contained:

(a) The County delivered or mailed on March 20, 2017 a written notice to the mayors of the Cities, of a meeting that was held at the County’s offices on March 30, 2017, at which the governing authorities of the County and the Cities met to discuss the possible projects for inclusion in the Sales Tax, including municipally owned or operated projects.
(b) The County is permitted by Article IX, Section III, Paragraph I of the Constitution of the State of Georgia to contract for any period not exceeding fifty years with the Cities for joint services, for the provision of services, or for the joint or separate use of facilities or equipment.

(c) The County has the power to enter into this Contract and to perform all obligations contained herein, and has, by proper action, duly authorized the execution and delivery of this Contract.

(d) The County is a political subdivision duly created and organized under the Constitution of the State of Georgia.
Section 2. Representations of each City. Each City makes the following representations as the basis for the undertakings on its part herein contained:

a) It is a “qualified municipality” within the meaning of the Sales Tax Law.

(b) The Cities contain a combined total of no less than 50 percent of the aggregate municipal population located within the Special District.

(c) Each City is located entirely or partially within the geographic boundaries of the Special Tax District to be created.

(d) It is permitted by Article IX, Section III, Paragraph I of the Constitution of the State of Georgia to contract for any period not exceeding fifty years with the County for joint services, for the provision of services, or for the joint or separate use of facilities or equipment.

(e) It has the power to enter into this Contract and to perform all obligations contained herein, and has, by proper action, been duly authorized to execute and deliver this Contract.

Section 3. Term. The term of this Contract shall commence with the execution and delivery hereof and shall extend until the expenditure by the County and the Cities of the last dollar of money collected from the Sales Tax (even if such expenditure is made after the expiration of the Sales Tax), or the failure of the Sales Tax to achieve voter approval.

Section 4. Capital Outlay Projects. The County shall call a referendum to be held in all voting precincts in the Special District on November 7, 2017 on whether to reimpose for a period of six years (with collections beginning on July 1, 2018 and ending June 30, 2024) the Sales Tax for the raising of approximately $252,961,892 to fund the following capital outlay projects in the following estimated amounts:

(a) Projects to be owned or operated or both by the County:
(1) Jail Expansion and Improvements – $23,000,000,
(2) Transportation Infrastructure, Facilities, Equipment, and Improvements, and Airport Facilities, Equipment, Improvements & Expansion- $95,000,000,
(3) Parks and Recreation Facilities, Equipment and Improvements – $2,800,000,
(4) Court Facilities, Equipment, Improvements, and Expansion – $17,500,000,
(5) Business & Economic Development land acquisition, infrastructure, and facilities – $8,000,000,
(6) Fire & Emergency Services Facilities, Vehicles and Equipment- $21,140,000
(7) Animal Control and County Marshal Vehicles and Equipment – $1,000,000
(8) Emergency Communications Center and Communications System Improvements – $9,606,500; and
(9) Law Enforcement Vehicles, Equipment and Facilities – $4,000,000
Total Estimated: $182,046,500
(b) Projects to be owned or operated or both by Ball Ground:

(1) City Hall Debt Service – $615,816,
(2) Valley Street Debt Service – $276,000,
(3) Water and Sewer System Improvements to include Purchase of Capacity – $200,000
(4) Law Enforcement Facilities, Vehicles, Equipment, and Emergency Communications System Improvements and Equipment – $400,000,
(5) Transportation Facilities and Improvements – $1,100,000,
(6) Community Center, Parks, Recreation – $374,692; and
(7) Debt Service for such projects

Total Estimated: $2,966,508
(c) Projects to be owned or operated or both by Canton:

(1) Transportation Facilities (streets, drainage, sidewalks, parking facilities, utility relocation, etc.), Equipment and Improvements – $7,113,045,
(2) Park and Recreation Facilities – $6,000,000,
(3) Communications & Technology – $1,500,000,
(4) General Government Buildings and Equipment – $7,000,000,
(5) Economic Development (property acquisition, equipment, facility improvements and construction) – $3,000,000; and
(6) Debt service for such projects

Total Estimated: $24,613,045

(d) Projects to be owned or operated or both by Holly Springs:

(1) Transportation Facilities, and Improvements – $5,244,912,
(2) Public Safety Vehicles, and Equipment – $1,428,100,
(3) Emergency Communications System Improvements and Equipment – $510,576,
(4) Park and Recreation Facilities – $1,500,000,
(5) Public Works and Fleet Vehicles and Equipment – $75,000,
(6) General Government Buildings – $1,600,000; and
(7) Debt service for such projects

Total Estimated: $10,358,588

(e) Projects to be owned or operated or both by Mountain Park:

(1) Public Safety, Streets, and Drainage – $25,000;

Total Estimated: $25,000

(f) Projects to be owned or operated or both by Nelson:

(1) Government Buildings, Facilities, Vehicles, Equipment and Improvements – $500,000,
(2) Emergency Communications System Improvements – $32,043,
(3) Transportation Facilities, Vehicles, Equipment and Improvements – $450,000; and
(4) Park and Recreation Facilities, Equipment, and Improvements – $52,786

Total estimated: $1,034,829

(g) Projects to be owned or operated or both by Waleska:

(1) Utility Systems Infrastructure, Facilities, Improvements, Equipment, and related debt service for such projects – $1,779,367,
(2) General Government Buildings, Public Buildings and Improvements – $500,000,
(2) Emergency Communications System Improvements and Equipment – $38,214,
(3) Transportation Facilities, Equipment, and Improvements – $150,000; and
(4) Fleet Vehicles & Equipment – $40,000

Total estimated: $2,507,581

h) Projects to be owned or operated or both by Woodstock:

(1) Communications & Technology – $2,000,000,
(2) Parking Deck & Other Parking Improvements – $5,020,000,
(3) Public Works – $11,834,670,
(4) Parks and Recreation – $2,250,000,
(5) Public Safety – $7,167,220,
(6) Water/Sewer – $620,000; and
(7) Debt service for such projects.

Total Estimated: $28,891,890

The County and each City acknowledge that the costs shown for each capital outlay project described are estimated amounts. If a County project has been satisfactorily completed at a cost less than the estimated cost listed for that project, the County may apply the remaining unexpended funds to any other County project identified in this Contract. If a City project has been satisfactorily completed at a cost less than the estimated cost listed for that project, the City may apply the remaining unexpended funds to any other project that has been identified by that City in this Contract. The County and each City agree that each approved capital outlay project associated with this Contract shall be completed or substantially completed within five years after the termination of the Sales Tax. Any proceeds held by a County or a City at the end of the five-year period shall, for the purposes of this Contract, be deemed excess funds and disposed of as provided under Section 7 of the Contract.

The County and Cities agree that each approved capital outlay project associated with this Contract shall be maintained as a public facility and in public ownership. If ownership of a project financed pursuant to this Contract is transferred to private ownership during the term of this Contract, the proceeds of the sale shall, for the purposes of this Contract, be deemed excess funds and disposed of as provided for under Section 7 of this Contract.

Section 5. Distribution of Sales Tax Proceeds. Upon receipt of Sales Tax collections from the Georgia Department of Revenue, the County shall apply the proceeds of the Sales Tax to fund the following capital outlay projects in the following order of priority:

(a) First, a sufficient amount shall be set aside in equal monthly deposits to accumulate funds to pay the semiannual interest requirements and annual principal requirements next coming due on not to exceed $23,000,000 in aggregate principal amount of obligations issued to finance the capital outlay project set forth in Section 4(a)(1) hereof;

(b) Second, the following percentages of Sales Tax collections received by the County up to $229,961,892 shall be ratably applied as soon as practicable to the following purposes:

(1) 1.290% shall be paid to Ball Ground to fund the capital outlay projects specified in Section 4(b) hereof

(2) 10.450% shall be paid to Canton to fund the capital outlay projects specified in Section 4(c) hereof,

(3) 4.460% shall be paid to Holly Springs to fund the capital outlay projects specified in Section 4(d) hereof,

(4) $25,000 lump sum payment shall be paid to Mountain Park to fund the capital outlay projects specified in Section 4(e) hereof,

(5) 0.450% shall be paid to Nelson to fund the capital outlay projects specified in Section 4(f) hereof,

(6) 1.100% shall be paid to Waleska to fund the capital outlay projects specified in Section 4(g) hereof,

(7) 12.250% shall be paid to Woodstock to fund the capital outlay projects specified in Section 4(h) hereof, and

(8) 69.989% shall be applied by the County to fund the capital outlay projects specified in Section 4(a) hereof; and

All capital outlay projects included in this Contract shall be funded from proceeds from the Sales Tax, except as otherwise agreed in this Contract. With respect to funds received under subsection (b), the County may fund the County’s projects in any order or priority it may deem necessary or convenient and each City may fund the City’s projects in any order or priority it may deem necessary or convenient.

Section 6. Use of Sales Tax Proceeds. The proceeds received from the Sales Tax shall be used by the County and each City receiving proceeds of the Sales Tax exclusively for the related capital outlay projects specified in Section 4 hereof or to repay obligations that finance such capital outlay projects. Such proceeds shall be kept in separate accounts from other funds of the County and each City receiving proceeds of the Sales Tax and shall not in any manner be commingled with other funds of the County and each City receiving proceeds of the Sales Tax prior to expenditure.

Section 7. Disposition of Excess Proceeds. The Sales Tax Law allows excess proceeds from the Sales Tax that remain after all approved capital outlay projects specified in Section 4 hereof have been completed to be paid solely to the County in accordance with O.C.G.A. § 48-8-121(g)(2). In lieu of all excess proceeds being distributed to the County, the Parties hereto agree to dispose of any excess proceeds by distributing the excess proceeds as follows:

(1) 1.290% shall be paid to Ball Ground; and

(2) 10.450% shall be paid to Canton; and

(3) 4.460% shall be paid to Holly Springs; and

(4) 0.011% shall be paid to Mountain Park; and

(5) 0.450% shall be paid to Nelson; and

(6) 1.100% shall be paid to Waleska; and

(7) 12.250% shall be paid to Woodstock; and

(8) 69.989% shall be paid to the County.

Any excess funds distributed to the County or each City pursuant to this Section may be used by each respective entity to complete any of that entity’s capital outlay projects (including those set forth in Section 4 above). Should no such capital outlay project be identified, said funds shall be used for the purpose of reducing any indebtedness of that County or City. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the County or City, it being the intent that any funds so paid into the general fund of the County or City be used for the purpose of reducing ad valorem taxes.

Section 8. Record-Keeping and Audit Requirements. The County and each City receiving any proceeds from the Sales Tax shall maintain a record of each and every project for which the proceeds of the Sales Tax are used. A schedule shall be included in each annual audit of each party hereto that shows for each such project the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. Each party’s auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to each party’s financial statements. The auditor’s report on each party’s financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. Notwithstanding anything to the contrary in this Section, the parties shall comply with the record-keeping, audit and reporting requirements of the Sales Tax Law, as such requirements may be amended from time to time.

Section 9. Entire Agreement. This Contract expresses the entire understanding and all agreements among the parties hereto with respect to the subject matter hereof.

Section 10. Severability. If any provision of this Contract shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case because it conflicts with any other provision or provisions hereof or any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses, or sections contained in this Contract shall not affect the remaining portions of this Contract or any part hereof.

Section 11. Counterparts. This Contract may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument.

Section 12. Amendments in Writing. No waiver, amendment, release, or modification of this Contract shall be established by conduct, custom, or course of dealing, but solely by an instrument in writing executed by the parties hereto.

Section 13. Limitation of Rights. Nothing in this Contract, express or implied, shall give to any person, other than the parties hereto and their successors and assigns hereunder, any benefit or any legal or equitable right, remedy, or claim under this Contract.

Section 14. Liability for Noncompliance. The County and the Cities shall comply with all applicable local, state, and federal statutes, ordinances, rules and regulations. In the event that any party fails to comply with the requirements of the Sales Tax Law (O.C.G.A. § 48-8-110 et seq.), the other parties in compliance with the requirements of the Sales Tax Law shall not be held liable for such noncompliance by another party. No consent or waiver, express or implied, by any party to this Contract, to any breach of any covenant, condition or duty of another party shall be construed as a consent to, or waiver of, any future breach of the same.

Section 15. Arbitration. The parties hereto agree to submit any controversy arising under this Contract to arbitration pursuant to the provisions of O.C.G.A. § 9-9-1 et seq., the Georgia Arbitration Code. Such arbitration shall in all respects be governed by the provisions of the Arbitration Code, and the parties hereby agree to comply with, and be governed by, the provisions of said Arbitration Code as to any controversy so submitted to arbitration.

Section 16. Governing Law. This Contract and all transactions contemplated hereby shall be governed by, and construed and enforced in accordance with the laws of the State of Georgia.

IN WITNESS WHEREOF, the County and the Cities have caused this Contract to be executed in their respective corporate names and have caused their respective corporate seals to be hereunto affixed and attested by their duly authorized officers, all as of the day and year first above written.

d) Consider FY-16/17 Budget Amendments
Council Member Homiller put forth a motion, Seconded by Council Member Byrd to approve the following amendments to the 2016/2017 FY Budget.
Motion Unanimously Approved.

FY-16 BUDGET AMENDMENT
REVENUE
Original Amendment
100-0000-00-311100 Real Property Current $320,000 $327,000 $7,000
100-0000-00-316200 Insurance Premium Tx $85,000.00 $89,000 $4,000
100-0000-00-322110 Building Permits $62,000 $68,000 6,000
100-0000-00-351170 Municipal Court Fines $40,000 $60,000 $20,000
100-0000-00-382001 Right of Way Fees $0 $18,000 $18,000
$55,000
EXPENSES

CLERK
100-1130-10-511100 Salaries/Wages $52,020 $54,000 ($1,980)
100-1130-10-523500 Travel $5,000 $7,500 ($2,500)

Administrative
100-1500-10-579000 Contingencies $31,844 $36,492 ($4,648)

COURT
100-2650-80-523600 Dues and Fees 9,000 $10,000 ($1,000)

POLICE
100-3223-20-511100 Salaries/Wages $191,128 $200,000 ($8,872)
100-3223-20-522200 Repairs/Main $8,000 $12,000 ($4,000)
100-3223-20-523100 Liability Insurance $6,200 $8,200 ($2,000)

PARKS and REC

100-6220-45-522140 Grounds Maint $51,000 $63,000 ($12,000)
100-6220-45-522140 Repairs and Maint $4,000 $8,000 ($4,000)
100-6220-45-541217 Botanical Gardens $5,000 $14,000 ($9,000)
100-6220-45-531100 Supplies & Materials $5,000 $7,000 ($2,000)

TREE CITY EXPENSE

100-6240-10-572000 Tree City $2,866 $5,866 ($3,000)

e) Consider Changes to Ancillary Tasting Room Ordinance – First Reading
Council Member Byrd put forth a motion, Seconded by Council Member Prettyman that The Code of The City of Ball Ground, Georgia is hereby amended by adding a section to Chapter 4 Titled Alcoholic Beverages; Article XIV – Ancillary Wine Tasting License: A beer made in a traditional or non-mechanized way by a small, independent and traditional brewery producing less than 6 million barrels of beer annually. Less than 25 percent of the craft brewery is owned or controlled (or equivalent economic interest) by an alcohol industry member that is not itself a craft brewer.
Motion Unanimously Approved

Item 8: City Manager Comments
Financial Report – City Manager Wilmarth presented an unaudited report of account balances, statement of revenue and expenditures for the month ended June 30, 2017. The report showed cash on deposit totaled $725,703.36.

Other Items Reported:
• Special Events Permit issued to Gold Rush Jeeps for an event called “Ride Together.” The event will be held Labor Day Weekend on approximately 800 acres located on Cherry Grove Road. The event is expected to draw approximately 500 Jeeps.
• Cleanup continues throughout the City from the July 8, 2017, storm. Overtime, equipment, fuel and debris removal is expected to cost approximately $10,000.00.
• Senior Services Center – building design is completed. The architect is working with city engineer to develop bid specifications. A Phase 1 Environmental Study is currently being done.
• Valley Streetscape Project – Ongoing
• Downtown Audio System is no longer an option. Georgia Power Company denied our request to attach the system wiring to their poles.
• City Hall/PD Modifications – Modifications to the Police Department should begin during this month. Modifications to the service counter in City Hall will be delayed at this time due to cost.
• SR372 Alternates – A meeting has been requested with Cherokee County to gauge their willingness to accept that portion of SR372, SR369 and Preserve Parkway for County Maintenance.
• Mound Street water line extension is complete.

Item 9: Mayor Roberts & City Council Comments
Mayor Roberts recognized City Clerk Karen Jordan for completing the Georgia Clerks Education Institute Master’s Education Management Development certificate program. Mrs. Jordan received her certificate at the Georgia Municipal Association annual conference in Savannah.

Mayor Roberts remarked on his and Council Members Byrd, Prettyman and O’Malley attendance at GMA’s Annual Training Conference in Savannah. He stated the conference provides a wealth of knowledge to elected officials so they become better leaders in their respected cities.

City Clerk Karen Jordan presented Mayor Roberts with his Certificate of Distinction. Mayor Roberts was unable to attend the awards ceremony at the GMA Conference.

City Clerk Jordan stated in order for Mayor Roberts to receive this distinct honor he was required to complete 204 hours of training, including at least 72 hours from the required list of training courses.

City Clerk also presented Council Member John Byrd with his Certificate of Achievement. In order to receive his Certificate of Achievement Council Member Byrd had completed the required 72 hours of training, including at least 36 hours from the required list of training courses.

Council Member Prettyman spoke of his experience while participating in the City of Canton Citizens Police Academy. He stated the program gave him a better understanding and appreciation for what our police officers do.

Council Member O’Malley commented on his attendance at the GMA Conference. He stated he always comes back from the conference energized and with a great feeling of how well our City Staff and Elected Officials perform. As other elected official comment on how their respective cities function it is evident how advance Ball Ground already is.

Item 10: Public Comments

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 8:00 PM.
Motion Unanimously Approved.

The minutes of this July 13, 2017, City Council Meeting approved this 10th Day of August 2017.

AGENDA
July 13, 2017

Item 1: Meeting Called to Order to order by Mayor Rick Roberts.

Item 2: Pledge of Allegiance

Item 3: Appearances

• Dave Konwick – “Banners for Veterans” Program

Item 4: Announcements/Informational Items/Project Updates – City Manager

Item 5: Consider Approval of June 8, 2017 Council Meeting Minutes

Item 6: Old Business – None

Item 7: New Business
a) Consider Setting 2017 Property Tax Millage Rate
b) Consider Setting 2017 Fire Tax Millage Rate
c) Consider IGA with Cherokee County Concerning SPLOST Referendum
d) Consider FY-16/17 Budget Amendments
e) Consider Changes to Ancillary Tasting Room Ordinance

Item 8: City Manager Comments

Item 9: Mayor Roberts & City Council Comments

Item 10: Public Comments

Item 11: Executive Session (If Needed)

Item 12: Adjourn

 

Revised:  July 11, 2017

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

MINUTES
June 8, 2017

Item 1: Meeting Called to Order to order by Mayor Rick Roberts.
Council Members Frank Homiller, Mickey O’Malley, Lee Prettyman and Andrenia Stoner were present.

Council Member John Byrd was absent.

Staff in attendance: Donna England, Michael Chapman, Bryon Reeves, Darrell Caudill, Eric Wilmarth and City Clerk Karen L. Jordan

Item 2: Pledge of Allegiance

Item 3: Appearances – None

Item 4: Announcements/Informational Items/Project Updates – City Manager
June 17 – Movie in the Park
June 24-27 Elected officials and several staff members will attend the Georgia Municipal Association Annual Training Conference
July 1 – City Fireworks Display will begin at 9:45

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to amend meeting agenda to include Item 7 (g) Consider hiring of Livable Center Initiatives Grant Consultant

Item 5: Consider Approval of May 11, 2017, Work Session Minutes and May 11, 2017, Council Meeting
Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve the minutes of May 11, 2017, as submitted in writing by the City Clerk.
Motion Unanimously Approved

Item 6: Old Business –
a) Consider Second Reading of 2017/2018 Budgets
Mayor Roberts stated a budget hearing was held on June 1, 2017, at 5:00 PM. No one attended and staff did not receive any oral or written comments.

Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to approve the proposed 2017/2018 Budget totaling $2,918,390.00 as submitted.
Motion Unanimously Approved.

b) Consider Second Reading of Defined Benefit Plan
Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve the Second Reading of the Defined Benefit Plan as previously submitted.
Motion Unanimously Approved

Item 7: New Business
a) Consider a Contract for Probation Services with Georgia Probation Management
Steve Page, President, and CEO of Georgia Probation Management submitted in writing a request to sign a new contract with changes pursuant to changes in Georgia Law O.C.G.A. §42-8-101(b)(1), along with new rules imposed by the Board of Community Supervision.

The changes are as follows:
Currently, the contract states that GPM and the Court enter into the agreement, with the approval of the “Governing Authority”. As a result of the new changes in the law, the contract must state that it is between the Governing Authority and Georgia Probation Management with the express consent and approval of the Court.
Additionally, the Board of Community Supervision enacted rules on February 14, of this year that prohibit providers and governing bodies from entering contracts that extend beyond five years. There has been no change to the sixty (60) day termination clause that you may exercise at any time.

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to approve the contract as submitted in writing.
Motion Unanimously Approved.

b) Consider Authorizing Staff to Seek Bids for Construction of Senior Center
City Manager asked council members to consider authorizing city staff to advertise for bids for the construction of the Ball Ground Senior Center. He stated the funding is a Community Development Block Grant through Cherokee County. City Manager Wilmarth stated the Senior Center would be built at the site that once housed the Public Works and Fire Departments (390 Groover Street).

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve the advertisement for bids upon the completion of the architectural design.
Motion Unanimously Approved.

c) Consider Resolution of Support Community Development Block Grant (CDBG)
Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve a Resolution of Support seeking grant funding of $60,000.00 through a Community Development Block Grant (CDBG) and $12,000.00 contributed by City of Ball Ground funds for the construction of a Senior Services Center to be constructed at 390 Groover Street.
Motion Unanimously Approved.

d) Consider Ford F350 Utility Pick Up as Surplus Property
City Manager Wilmarth stated because of safety reasons the vehicle is no longer used by the department and recommended the vehicle be surplused. The vehicle will be sold on Govedeals to the highest bidder.

Council Member O’Malley put forth a motion, Seconded by Council Member Prettyman to approve the surplus of a Ford F350 pickup.
Motion Unanimously Approved.

e) Consider Elder Abuse Awareness Proclamation
A Proclamation encouraging everyone to observe Elder Abuse Awareness Day on June 15, 2017, was read by Mayor Roberts.
Council Members unanimously supported the reading of this proclamation.

f) Consider National Garden Month Proclamation
A Proclamation was read by Mayor Roberts acknowledging the importance of Gardening and the numerous contributions of Gardeners, and further designating the week of June 4-10, 2017 as National Garden Week.

Mayor Roberts encouraged everyone to attend the unveiling of the Ball Ground Botanical Garden Marble Kiosk on Saturday morning at 11:00 AM. Mayor Roberts and Council Members expressed their appreciation to the members of the Ball Ground (Anesta-Ga-Da) Garden Club for their continued efforts and hard work in the ongoing development of the Botanical Garden.

g) Consider Award of Livable Centers Initiative (LCI) Grant
City Manager Wilmarth stated the City of Ball Ground has been awarded a $100,000.00 Livable Centers Initiative (LCI) Grant from the Atlanta Regional Commission. The LCI grant will be used to address truck traffic and create a blueprint for new development in our downtown district in a manner compatible with the historic significance of the area.

The LCI program is funded with federal transportation dollars. The grants cover 80 percent of the cost of each study or transportation project, with the City of Ball Ground making a 20 percent match.

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to accept the Livable Centers Initiative (LCI) Grant from the Atlanta Regional Commission and to engage Reuter Strategy, LLC to create a blueprint for new development in our downtown district in a manner compatible with the historic significance of the area.
Motion Unanimously Approved.

Item 8: City Manager Comments
• Financial Report – City Manager Wilmarth presented an unaudited report of account balances, statement of revenue and expenditures for the month ended May 30, 2017. The report showed cash on deposit totaled $822,027.75.

• Public Safety – Work to improve security as well as privacy within the Police Department should begin within the month.

Chief Reeves presented a written report of the department’s activity for the month ended April 30, 2017.

• Valley Streetscape Project
The last parcel of property needed to be acquired for the project is owned by the Cherokee County School District. It is anticipated the Cherokee County School Board will act on our request to obtain this property at their monthly June meeting.

• Downtown Audio System
The committee has reviewed three proposals for the installation of an audio system in the downtown area. The system will allow music to be played as well as announcements of special events. The committee has selected a vendor and hopes to issue a notice to proceed with the project soon.
Item 9: Mayor Roberts & City Council Comments
Mayor Roberts commented on the meeting he and City Manager Wilmarth had with the Georgia Department of Transportation Commissioner Russell McMurry, Senator Brandon Beach and Representative Wes Cantrell to discuss the transportation problems within our downtown. Mayor Roberts stated it is not the intent to keep all trucks out of our downtown, just those that are damaging the roadway and posing a health risk.

Mayor Roberts thanked Gloria Bartko-Thomas and members of the Downtown Development Authority/Main Street Committee for their work.

Item 10: Public Comments

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 8:50 PM.

The minutes of this June 8, 2017, Council Meeting approved this 13th Day of July 2017 Council Meeting.

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

AGENDA
June 8, 2017

Item 1: Meeting Called to Order to order by Mayor Rick Roberts.

Item 2: Pledge of Allegiance

Item 3: Appearances

Item 4: Announcements/Informational Items/Project Updates – City Manager

Item 5: Consider Approval of May 11, 2017 Work Session Minutes and May 11, 2017 Council Meeting

Item 6: Old Business –
a) Consider Second Reading of 2017/2018 Budgets
b) Consider Second Reading of Defined Benefit Plan

Item 7: New Business
a) Consider a Contract for Probation Services with Georgia Probation Management
b) Consider Authorizing Staff to Seek Bids for Construction of Senior Center

Item 8: City Manager Comments

Item 9: Mayor Roberts & City Council Comments

Item 10: Public Comments

Item 11: Executive Session (If Needed)

Item 12: Adjourn

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

MINUTES
May 11, 2017

Item 1: Meeting Called to Order to order by Mayor Rick Roberts.

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

Staff in attendance: Donna England, Michael Chapman, Darrell Caudill, Eric Wilmarth and City Clerk Karen L. Jordan

Item 2: Pledge of Allegiance led by Council Member Mickey O’Malley

Item 3: Appearances – None

Item 4: Announcements/Informational Items/Project Updates – City Manager
• May 20th – Trade Days and Movie in the Park
• June 3rd – Ball Ground Rocks the Park Concert featuring the Local Legends

Item 5: Approval April 13, 2017, Council Meeting Minutes and May 2, 2017, Special Called Meeting

Council Member Stoner put forth a motion; Seconded by Council Member O’Malley to approve the minutes of April 13, 2017, Regular Scheduled Meeting as submitted in writing by the city clerk.
Motion Unanimously Approved.

Council Member Stoner put forth a motion; Seconded by Council Member O’Malley to approve the minutes of May 2, 2017, Special Called Meeting as submitted in writing by the city clerk.
Motion Unanimously Approved.

Item 6: Old Business
a) Consider Second Reading of an Ordinance Prohibiting Outdoor Burning
Council Member Homiller put forth a motion; Seconded by Council Member O‘Malley to approve the second reading of the Ordinance to prohibit outdoor burning as described below:
Motion Unanimously Approved.

Outdoor Burning prohibited:

a) Except as otherwise provided by law, or as otherwise set forth in this Code, no persons shall cause, suffer, allow or permit open burning of refuse, rubbish, brush, wood, trash, leaves, tree limbs or other combustible materials anywhere in the City.

b) The following are exceptions to the prohibition on outside burning.

(1) Outdoor burning in connection with the preparation of food for immediate human consumption;

(2) Small wood only fires contained in an outdoor fireplace or fire pit.

(3) Burning associated with the operation of devices that require open flame, such as tar kettles, blow torches, welding torches, portable heaters, gas grills, charcoal grills and other flame making equipment, provided that the use of such equipment does not violate other local or state laws.

c) The Chief of Police or his designee shall be responsible for the enforcement of the provisions of this section, and may issue citations for violations thereof. Any person violating any provision of this section shall be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition, any person violating any provision of this section which results in a fire requiring the response of the fire department shall also be liable for the costs incurred by the fire department in responding to the fire, including actual labor costs, costs of equipment operation, and costs of materials.

Item 7: New Business
a) Consider surplus property: Lot 33 Mountain Brooke North
City Manager Wilmarth stated that Tommy Owen had deeded the City of Ball Ground Lot #33 in the Mountain Brook North Subdivision in October of 2016. Since that time several home builders have expressed an interest in purchasing the lots. Therefore it is the decision of the city council to decide to sale the property on Govdeals or keep the property.

The property is described as all that tract or parcel of land lying and being in land lot 311 of the 4th District, 2nd Section, Cherokee County, Georgia being Lots 33 & 34 of the Mountain Brooke North, Unit 1, as per plat found at Plat Book 86, Page 111 of the Cherokee County, Georgia Real Estate Records which is made a part of this description by this reference. The property is further described as 04N04A-75 and is located at 315 Taylor Leigh Court.

Council Member Prettyman put forth a motion; Seconded by Council Member Byrd to sale the property on Govdeals to the highest bidder reserving the right to reject any and all bids
Motion Unanimously Approved.

b) Consider surplus property: Lot 44 Mountain Brooke North
As discussed in item 7 (a) City Manager asked council members to consider the sale of this property.

The property is described as all that tract or parcel of land lying and being in land lot 311 of the 4th District, 2nd Section, Cherokee County, Georgia being Lots 33 & 34 of the Mountain Brooke North, Unit 1, as per plat found at Plat Book 86, Page 111 of the Cherokee County, Georgia Real Estate Records which is made a part of this description by this reference. The property is further described as 04N04A-86 and is located at 235 A. Mountain Brooke Way.

Council Member Stoner put forth a motion; Seconded by Council Member Byrd to sale the property on Govdeals to the highest bidder reserving the right to reject any and all bids
Motion Unanimously Approved.

c) Consider 1st Reading of 2017/2018 Budgets
Mayor Roberts presented the FY 2017/2018 Budget for Council consideration.
Mayor Roberts stated the budget shows and an increase of 11% over the previous previous 2016/2017 Budget.

Budget totals are as follows:
General Fund $ 920,900.00
Fire District Tax $ 250,000.00
Water/Sewer $1,150,350.00
SPLOST $ 437,020.00
Solid Waste $ 160,120.00
Total $2,918,390.00

Council Member Homiller put forth a motion; Seconded by Council Member Prettyman to approve the first reading of the 2017/2018 Fiscal Year Budget.
Motion Unanimously Approved

d) Consider 1st Reading of Defined Benefit Plan
City Manager Wilmarth outlined the proposed Defined Benefit Retirement Plan for employees of the City of Ball Ground. He stated the Plan requires:
• Mandatory participation for all elected officials and each regular employee who works at least 24 hours per week, 5 months per year (see p. 5-7).
• Municipal legal officers cannot participate in the Plan.
• In order to receive vesting requirement and an elected official must attain eight years of service as an elected official in order to be vested (see p. 27-28).
• The Master Plan permits service with other GMEBS employers to count toward vesting and benefit eligibility; however, the amount of any benefit payable from the City’s Plan will be based solely on service with the City.
• As long as a participant is employed on Jul 1, 2017, he or she will receive service credit for prior years worked for vesting and benefit eligibility purposes.
• Past service will not count for benefit computation.
• Regular employees qualify for a normal retirement benefit at age 65 with5 years of service (see p. 14-15).
• Elected officials qualify for a normal retirement benefit at age 65 with 8 years of service as an elected official ( see 14-15).
• Participants can qualify for early retirement at age 55 with 10 years of service (see p. n13).
• If a participant elects early retirement, his or her monthly retirement benefits will be reduced to account for retiring at an earlier age.
• The monthly normal retirement benefit formula for regular employees is 1/12 of 1.5% of final average earnings multiplied by years of credited service as an eligible regular employee (see p. 22).
• The monthly normal retirement benefit for elected officials is $10.00 per month multiplied by each year of service as an elected official (see pp. 22).
• In addition, the plan provides for Auto A in-service and terminated vested death benefits (see p. 28-29).
• All employees are required to make contributions to the pan in the amount of 2.5% of earning (see p.30).
• Five percent interest will apply to a refund of employee contributions in the event that an employee withdraws his or her contributions after leaving employment ( see p. 31).
• Elected officials will not be required or allowed to make employee contributions under the Plan.
An Ordinance to establish and restate the Retirement Plan for the Employees of the City of Ball Ground was presented by Mayor Roberts for Council consideration.

Council Member Homiller put forth a Motion; Seconded by Council Member O’Malley to approve the following ordinance to establish and restate a Retirement Plan for the Employees of the City of Ball Ground.
Motion Unanimously Approved.

AN ORDINANCE

An Ordinance to establish and restate the Retirement Plan for the Employees of the City of Ball Ground, Georgia in accordance with and subject to the terms and conditions set forth in the attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the City and GMEBS, the foregoing shall constitute a Contract between the City and BMEBS, all as authorized and provided by O.C.G.A. §47-5-1 Et Seq.

BE IT ORDAINED by the Mayor and Council of the City of Ball Ground, Georgia and it is hereby ordained by the authority thereof:

Section 1. The Retirement Plan for the Employees of the City of Ball Ground, Georgia is hereby established and restated as set forth in and subject to the terms and conditions stated in the following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement.

Section 2. Except as otherwise specifically required by law or by the terms of the Master Plan or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with respect to persons whose employment with the City was terminated or who vacated his office with the city for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any, as it existed and was in effect at the time of such termination.

Section 3. The effective date of this Ordinance shall be July 1, 2017.

Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly repealed.

First Reading of this Ordinance is Approved by the Mayor and Council of the City of Ball Ground, Georgia this 11th Day of May, 2017.

/s/ A. R. Roberts, III
Mayor

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

e) Authorize City Manager to Execute Closing Documents from Sale of Property (Strippling Street Lot)
City Manager stated the highest bid for the sale of the 367 Old Canton Road property A.K.A. Strippling Street property was $22,500.00. City Manager Wilmarth proposed the City Council accept this amount.

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to accept the bid of $22,500.00 for the sale of this property.
Motion Unanimously Approved.

City Manager Wilmarth asked Council Members to consider authorizing him and the city clerk to execute the closing documents for the sale of this property.

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to authorize the city manager and city clerk to execute any and all documents related to the sale of this property.
Motion Unanimously Approved.

f) Consider renewal of City Managers Employment Contract
Mayor Roberts presented for Council consideration an Employment Contract between the City of Ball Ground and Eric Wilmarth, City Manager. The agreement specifies compensation, duties, and termination of the employment agreement, death, and incapacity of the city manager, savings clause, construction, parole agreements, and modification.

Council Member Byrd put forth a motion; Seconded by Council Member Prettyman to enter into the Employment Contract with Eric Wilmarth, City Manager to continue his employment with the City of Ball Ground on July 1, 2017, with the title of “City Manager”, and said employment will terminate on July 31, 2021.
Motion Unanimously Approved.

Mayor Roberts and Council Members commended Eric for his hard work and dedication to the City of Ball Ground.

Eric thanked Mayor Roberts and Council Members for the trust and support given to him. He said if you “can’t be happy in Ball Ground, you can’t be happy anywhere’.

Item 8: City Manager Comments
• Financial Report – City Manager Wilmarth presented an unaudited report of account balances, statement of revenue and expenditures for the month ended April 30, 2017. The report showed cash on deposit totaled $811,731.23,

• Project Updates:
Valley St. Streetscape Project – Anticipating the purchase of the last remaining piece of property needed for this project within 50-55 days.

• LMIG Safety Grant: Application for grant funding of improvements to Groover St. RR Crossing, installation of guardrails in the vicinity of Calvin Farmer Park parking area, various striping of city streets.

• Downtown Audio System – Three proposals have been received to install an audio system in the downtown area. This would allow music to be played on weekends and other designated times and the announcing of parades and other city events.

City Manager proposed council members authorize up to $17,500.00 to be spent towards the installation of an audio system in the Downtown area.

Council member Prettyman put forth a motion; Seconded by Council Member O’Malley to authorize the purchase of an audio system at a cost not to exceed $17,500.00
Motion Unanimously Approved.

• Chief Reeves prepared a written report of the department’s activity for the month ended April 30, 2017.

Item 9: Mayor Roberts & City Council Comments
Mayor Roberts commented on his interview by Channel 2 News regarding the truck traffic thru downtown. Mayor Roberts stated his comments was not directed toward the trucking industry but rather at the Georgia Department of Transportation for their poor planning of building a bypass to accommodate truck traffic.

Item 10: Public Comments

Item 11: Executive Session (If Needed)

Item 12: Adjourn
There being no further business for council consideration a motion was duly made and seconded to adjourn at 7:40 PM

The minutes of this May 11, 2017, City Council Meeting approved this 8th Day of June 2017.