Regular Meeting of the Mayor and City Council
City of Ball Ground, Georgia
Ball Ground City Hall ~ 7:00 P.M.
MINUTES
June 11, 2020
Mayor Rick 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, and Stoner participated via teleconference call. Council Members Byrd and Stoner were not present when several items of business were voted on; however, a quorum was present at all times.
Item 1: Meeting Called to Order / Approval of Agenda
Mayor Roberts called the meeting to order.
Council Member O’Malley put forth a motion, Seconded by Council Member Prettyman to approve the Agenda.
Motion Unanimously Approved
Item 2: Roll Call of Council Members
Mayor Roberts requested a Roll Call of Council Members participating via teleconference. The following Council Members announced their presence and participation:
John Byrd
Mickey O’Malley
Lee Prettyman
Andrenia Stoner (late)
Frank Homiller (absent)
The following City Staff were present for the meeting.
Eric Wilmarth
Karen Jordan
Bryon Reeves
Darrell Caudill
Item 2: Pledge of Allegiance – Omitted
Item 3: Appearances – None
Item 4: Announcements/Informational Items/Project Updates – City Manager
City Manager Wilmarth announced the annual fireworks display would take place on June 27, 2020, at 9:45 PM as scheduled. It was noted that there would be no outside vendors or live music this year.
Item 5: Approval of May 14, 2020 Council Meeting Minutes
Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to approve the minutes of the May 14, 2020 Council Meeting as submitted by the City Clerk.
Motion Unanimously Approved.
Item 6: Old Business
Consider Second Reading of the 2020/2021 Operating Budget
Mayor Roberts presented an overview of the proposed 3.7-million-dollar budget. It was noted a public hearing was held on June 4, 2020 with City Manager Wilmarth and City Clerk Karen Jordan in attendance. No members of the public were present and no comments prior to the hearing were received.
Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the proposed budget as submitted.
Motion Unanimously Approved
Item 7: New Business
Public Safety Memorandum of Understanding: An Agreement between Cherokee County and City of Ball Ground
Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to table this item of business.
Motion Unanimously Approved.
Consider 1st Reading of Ordinance Change for Package Alcohol Sales by Restaurants
During the recent coronavirus emergency, Mayor Roberts, by Executive Order, temporarily allowed restaurants who possessed a license to sell alcoholic beverages for consumption on the premises to sell beer and wine by the package with their curb side food orders to go. After receiving many positive comments by the restaurant’s owners, Mayor Roberts stated he felt it would be in the best interest of the businesses to allow such sales permanently.
Council Member Byrd put forth a motion, Seconded by Council Member Stoner to delete Code Section 4-137 in its entirety and substitute the following in its place:
Section 4-137. – Consumption Sales Only
“Persons holding a license to sell alcohol for consumption on premises shall be permitted to sell beer and wine by the package, provided that such licensee is otherwise in compliance with the Chapter Four (4) of the City Code.”
Motion Unanimously Approved.
Consider 1st Reading of Sign Ordinance
Mayor Roberts explained the content of the new sign ordinance. He stated the committee had worked for several months to draft an ordinance that would comply with recent court rulings.
Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to delete Code Section Division 112 Sign Ordinance in its entirety and substitute the following in its place (See Attached).
Motion Unanimously Approved.
Consider Establishment of 2020 Operational Property Tax Millage Rate
Mayor Roberts informed council that the preliminary tax digest numbers were in and that our current millage rate was 4.707 mills. Mayor Roberts recommended that council members consider adjusting the millage rate upwards .23 mills to fully fund the recently adopted budget, and to provide for replacing dollars in our reserve fund.
Council Member Byrd commented that during the economic crisis of 2008-2012 the City reduced taxes by 26% with the intention of re-establishing our revenue level when economic conditions improved, and that the proposed .23 mill increase takes us close to that.
Council Member Stoner asked how this would impact the elderly. Mayor Roberts explained that the City did not have a senior exemption on taxes at this time. Council Member Stoner asked what the impact would be on a house valued at $150,000. The City Manager stated that a $150,000 house could see an annual increase of approximately thirty-six (36) dollars.
All Council Members expressed a consensus to move forward with a plan to adopt 5 mills at the July 9, 2020 Council Meeting.
Consider Memorandum of Understanding: An Agreement between Cherokee County and City of Ball Ground for services of the County Marshal’s Office
A Municipal Services Agreement between Cherokee County and City of Ball Ground for the purpose of performing Code Enforcement Services only within the jurisdictional limits of the City of Ball Ground. The Scope of Services is identified as follows in Section 1:
Section 1: SCOPE OF SERVICES
1.1 Geographical Application. This Agreement shall provide for services performed only within the jurisdictional limits of Cherokee County and the City of Ball Ground.
1.2. Code Enforcement Services. The County agrees, through its code enforcement services in the County Marshal’s Office, to perform within the city limits of Ball Ground all functions performed by the Marshal’s Office, as necessary in the sole discretion of the County. The County may do additional work related to inspection of code violations when requested to do so, in writing, by the City. Prior to such performance by the County, City shall adopt the Building Regulations in place for the County, as may be amended from time to time and codified as Chapter 14 of the Code of Ordinances of Cherokee County, Georgia. At a minimum, the services provided shall be to administer, inspect for compliance, and enforce codes as adopted by the Ball Ground Mayor and City Council and as amended during the term of this Agreement, if such amendments are provided in writing to the County, including but not limited to: (a) Buildings and Building Regulation Standards
Mayor Roberts stated this action had been discussed at the annual planning retreat held in January.
Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to enter into the agreement as proposed.
Motion Unanimously Approved
Consider Adoption of Chapter 14 – Building Code Regulations (Cherokee County)
Mayor Roberts noted that in the Municipal Services Agreement between Cherokee County and City of Ball Ground just adopted, it is stipulated that before the Marshal’s Office will perform services as outlined in the agreement, the City Council must adopt the Building Regulations in place for the County.
Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to delete Chapter 14 – Buildings and Building Regulations as stated in the Ball Ground Municipal Code and substitute the Buildings and Building Regulations as presented (See Attached).
Motion Unanimously Approved
Consider Adoption of Cherokee County Animal Ordinance.
Mayor Roberts again noted that per the just adopted Municipal Services Agreement, it is stipulated we must adopt the Cherokee County Animal Ordinance.
Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to delete Chapter 10 – Animals as stated in the City of Ball Ground Municipal Code and substitute the Animals Ordinance as presented (See Attached).
Motion Unanimously Approved.
Item 8: 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 May 30, 2020. Accounts on deposit totaled $1,932,419.20.
Chief Reeves presented a report of the Police Departments activity for the month ended May 30, 2020 for Mayor and Council Members review.
Item 9: Mayor Roberts
Mayor Roberts discussed his desire for Council Members to consider a resolution to support the passage of the Hate Crime Bill being considered by the Georgia State Senate. He noted that Georgia is only four states in the country that does not have a Hate Crime Law. GMA has advocated that its member cities promote the passage of the bill, already approved by the House, but under consideration by the State Senate. Mayor Roberts stated he thought it would reflect well on our city and community to pass a resolution of support.
Council Member Byrd put forth a motion, Seconded by Council Member Prettyman supporting a resolution to call upon members of the General Assembly and the Governor to pass this important legislation in this legislative session.
Motion Unanimously Approved.
Mayor Roberts commented on the upcoming Cherokee County sponsored virtual meeting concerning the proposed Ball Ground truck route options. A link to the virtual meeting is on our website and residents were encouraged to look at the proposed routes and provide comments and feedback to the GDOT by July 3.
Mayor Roberts stated that having a safer and better truck route outside our downtown would be the key to enhancing life in our core city for future generations, our residents and businesses.
Mayor Roberts commented on the reopening of City Hall the Tuesday after Memorial Day. Although City Hall is open staff continues to operate on a limited bases with, some employees continuing to telework from home.
Mayor Roberts noted the upcoming Georgia Municipal Association Annual Convention has been canceled as an in-person event and will instead be held as a virtual conference that will be free of charge. Council Members were encouraged to sign up by registering online for the training classes.
Mayor Roberts called on Chief Reeves to provide an update on the departments recent training. Chief Reeves stated the department attends training through the Georgia Peace Officers Standards and Training Council throughout the year. The officers receive training on, but not limited to, use of force, domestic violence and vehicle pursuit.
Item 10: Council Comments
Council Members commended the Police Department and staff for the work they do to keep the City operating especially through the recent Corona Virus emergency. Council Members commented it was good to see the reopening of the parks and hoped we could all meet in person at the July Council Meeting.
Item 11: Public Comments
Item 12: Executive Session (If Needed)
Item 12: Adjourn
There being no further business for Mayor and Council consideration, Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to adjourn the meeting at 8:11 PM.
Motion Unanimously Approved
The minutes of this June 11, 2020 City Council Meeting apporved this 9th Day of July 2020.
_____________________________
A. R. (Rick) Roberts, III, Mayor
Attest: _________________________
Karen L. Jordan, City Clerk