Regular Meeting of the Mayor and City Council
City of Ball Ground, Georgia
Ball Ground City Hall ~ 7:00 P.M.
Minutes
July 9, 2020
Prior to the start of the Council Meeting a public hearing was held at 7:00 PM for the purpose of hearing public comments on the proposed property tax increase. City Attorney Darrell Caudill called the hearing to order. Karen Jordan, City Clerk and Council Member John Byrd were present. No one attend the meeting and no written or verbal comments were received. The meeting was adjourned.
Following the Public Hearing via teleconference Mayor Roberts called the July City Council meeting to order. Mayor Roberts was present for the meeting in Council Chambers. In order to limit the number of individuals present in Council Chambers and at City Hall and to provide for social distancing as recommended by the Centers for Disease Control and Prevention, Council Members Byrd, O’Malley, Prettyman, Stoner, and Homiller participated via teleconference call.
Approval of Agenda: Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to approve the meeting agenda as submitted with omitting Item 3: Public Hearing to receive comments related to the proposed property tax increase.
Motion Unanimously Approved.
Item 2: Roll Call of Council Members
Present via conference call: Council Members Byrd, Homiller, O’Malley, Prettyman and Stoner
Present in Council Chambers were Council Member John Byrd, City Manager Eric Wilmarth, City Clerk Karen Jordan, Police Chief Bryon Reeves, City Planner Chris Luly and City Attorney Darrell Caudill
Item 3: Pledge of Allegiance
Item 4: Public Hearing – Property Tax Increase for 2020
Item 5: Announcements/Informational Items/Project Updates – City Manager
City Manager Wilmarth announced that all upcoming events scheduled were canceled due to the pandemic.
Item 6: Approval of June 11, 2020 Council Meeting Minutes
Council Member O’Malley put forth a motion, Seconded by Council Member Stoner to approve the minutes of the June 11, 2020 Council Meeting as submitted in writing by the City Clerk.
Motion Unanimously Approved.
Item 7: Old Business
Consider 2nd Reading of Ordinance Change for Packaged Alcohol Sales by Restaurants
Councilmember Byrd put forth a motion, Seconded by Council Member Prettyman to approve the second reading of the amendment to the Official Code of the City of Ball Ground Chapter 4 Alcoholic Beverages; Section 4-137 Consumption Sales Only.
Motion Unanimously Approved.
Consider 2nd Reading of Sign Ordinance
Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the second reading of the amendment to the Official Code of the City of Ball Ground Division 112 Sign Ordinance.
Motion Unanimously Approved.
Consider 2nd Reading of Chapter 14 – Building Code Regulations (Cherokee County)
Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to approve the second reading of the amendment to the Official Code of the City of Ball Ground Chapter 14 – Building Code Regulations.
Motion Unanimously Approved.
Consider 2nd Reading of Cherokee County Animal Ordinance.
Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve the second reading of the amendment to the Official Code of the City of Ball Ground Chapter 10-Animal Control.
Item 8: New Business
Consider Adoption of Millage Rate for 2020 Property Tax
Council Member Byrd put forth a motion, Seconded by Council Member Stoner to approve the levy of 5.0 mills for the 2020 Property Tax.
City Manager Wilmarth stated the 13% increase would fully fund the 2020 Budget and begin a defined contribution to the reserve fund balance. He also noted three public hearings were advertised and held as required by O.C.G.A. ⸹48-5-21.. No one attended the meetings and no comments were received.
Motion Approved 4 yeas.
Council Member Homiller abstained.
Consider Adoption of Fire Tax for 2020
City Manager Wilmarth stated that each year the Fire Tax is set by the Cherokee County Board of Commissioners, which we adopt. This year the BOC has not yet set the millage, but recommended we authorize Mayor Roberts to sign the PT-38 form stating the Fire Tax millage rate established by the BOC. It was noted that the Fire Tax collected by the City is remitted to the BOC for funding of the County Fire Department.
Council Member Byrd put forth a motion Seconded by Council Member Prettyman to adopt the Fire Tax Millage Rate as set by the Cherokee County Board of Commissioners.
Motion Approved 4 yeas.
Council Member Homiller abstained.
Consider Resolution GEFA Loan LC2019003
Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to adopt a Resolution in reference to Loan NO. LC2019003 where the Governing Body of the City of Ball Ground agrees to amend and modify the Note, pursuant to the terms of a Modification of Promissory Note between the City of Ball Ground and the Georgia Environmental Finance Authority (GFA).
Motion Unanimously Approved
Consider Resolution GEFA Loan 2914L37WQ
Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to adopt a Resolution in reference to Loan NO. 2014L27WQ where the Governing Body of the City of Ball Ground agrees to amend and modify the Note, pursuant to the terms of a Modification of Promissory Note between the City of Ball Ground and the Georgia Environmental Finance Authority (GFA).
Motion Unanimously Approved
Consider Adoption of Fee Schedule
City Manager Wilmarth outlined the proposed changes to the Fee Schedule.
Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to approve the Fee Schedule as proposed.
Motion Unanimously Approved
Item 9: City Manager Comments
City Manager Wilmarth provided Council Members with an unaudited report of account balances, and statement of revenue and expenditures for the month ended June 30, 2020. Accounts on deposit totaled $1,789,458.44.
Chief Reeves presented a report of the Police Departments activity for the month ended June 30, 2020 for Mayor and Council Members review.
City Manager Wilmarth reported on the opening of the Roberts Lake Trail. He stated the trail is now open, but it is unknown at this time when a ribbon cutting will be held due to the pandemic.
City Manager Wilmarth announced that between June 5th and July 3rd, Cherokee County received over 150 comments related to the potential Ball Ground Truck Bypass. Cherokee County solicited comments to determine if the potential project has merit to warrant further solicitation of funding based on construction costs, impacts, and need. Cherokee County will not be able to select a preferred alternative until funding is identified for the project and additional public involvement is completed.
Item 10: Mayor Roberts
Mayor Roberts stated that as our numbers continue to spike our leaders at the State level are beginning to push more heavily for strict enforcement of the Governor’s Executive Orders at the local level. Most critical among these mandates are the social distancing, and the expectation that our food service professionals who come in contact with the public wear masks. So as we understand the orders, a cook at the grill need not wear a mask (by mandate), a cashier behind a plexiglass shield need not wear a mask (by mandate), but the server taking your order or bringing your food/beverage must wear a mask by order of the Governor although the mask can be removed if the server is not waiting on a customer. People who do not reside in the same household are mandated, by Executive Order, to maintain a distance of 6 feet from each other inside and outside. So, if you can reach out and physically touch someone you don’t live with, you are way too close.
Mayor Roberts stated the issue is that as a local government, we really don’t want to be in the business of trying to enforce the Governor’s orders. Local enforcement of the Governor’s order is questionable except by the Georgia State Patrol. But for now, we are simply asking for and appreciate the cooperation of our city customers, our residents, our businesses and our visitors to do the right thing for the benefit of both yourself and others by following the 3 W’s. Wash Your Hands, Wear your mask and Watch your distance.
Item 11: Council Comments
Council Member O’Malley commented on the baseball tournaments recently held. He stated the games were well attended and it appeared everyone attending wore their mask and practiced social distancing.
Council Member Prettyman stated he would like for council to consider rescinding a policy that was passed in 2019 regarding the bidding on surplus property by the City. The policy passed stated that no employee, elected official, nor member of any board or committee of the City of Ball Ground shall bid on; not cause to be bid on by a third party any surplus property as defined in the policy. He stated an employee of the City wanted to bid on a tract of property recently surplused and listed on GovDeals but was unable to do so because of this policy. Council Member Prettyman stated he felt that anyone as well as employees should have the right to bid.
City Attorney Caudill expressed his concern that there could be ethical issues that would need to be considered, but that he would review the policy and report back to council at the August Council Meeting.
Item 12: Public Comments – None
Item 13: Adjourn
There being no further business for mayor and council consideration the meeting
was adjourned at 8:05 PM.
The minutes of this July 9, 2020 City Council Meeting approved this 13 day of August 2020.
__________________________
Mayor A. R. Roberts, III
Attest: _________________________
Karen L. Jordan, City Clerk
