Regular Meeting of the Mayor and City Council
City of Ball Ground, Georgia
Ball Ground City Hall ~ 7:00 P.M.
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
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
100-1130-10-511100 Salaries/Wages $52,020 $54,000 ($1,980)
100-1130-10-523500 Travel $5,000 $7,500 ($2,500)
100-1500-10-579000 Contingencies $31,844 $36,492 ($4,648)
100-2650-80-523600 Dues and Fees 9,000 $10,000 ($1,000)
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.