Minutes-August 10, 2017

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

MINUTES
August 10, 2017

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

Staff Present: Darrell Caudill, Bryon Reeves, Eric Wilmarth and Karen L. Jordan

Item 2: Pledge of Allegiance

Item 3: Appearances – None

Item 4: Announcements/Informational Items/Project Updates – City Manager
City Manager Wilmarth reported on the list of vents scheduled for the upcoming months.

Item 5: Consider Approval of July 13, 2017, Council Meeting Minutes
Council Member O’Malley put forth a motion, Seconded by Council Member Homiller to approve the minutes of the July 13, 2017, Council Meeting as submitted in writing by the City Clerk.
Motion Unanimously Approved.

Item 6: Old Business
a) Consider Second Reading of Changes to Ancillary Tasting Room Ordinance
Council Member Homiller put forth a motion, Seconded by Council Member O’Malley 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

b) Consider Second Reading of 2016/2017 Budget Amendments
Council Member Homiller put forth a motion, Seconded by Council Member O’Malley 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 Tax $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)

Item 7: New Business
a) Consider First Reading of Application for New Alcohol License
Applicant: Locally Yours, LLC located at 245 Gilmer Ferry Rd.
Council Member Homiller put forth a motion, Seconded by Council Member O’Malley to approve the first reading of an Application for New Alcohol Beverage License as submitted by Locally Yours, Inc. located at 245 Gilmer Ferry Road. The business is owned by Kim Elizabeth Demaroney and Nicole Howard.
Motion Unanimously Approved.

b) Consider First Reading of Annexation Petition
Applicant: Randall C. Carter & Cynthia S. Carter
4.83 Acres located at 475 Old Howell Bridge Rd.
Presently Zoned: Light Industrial Applicant is not seeking to rezone
Council Member Homiller put forth a motion, Seconded by Council Member Stoner to approve the Petition for Annexation of 4.83 acres (03N01-072) located at 475 Old Howell Bridge Road owned by Randall & Cynthia Carter.
Motion Unanimously Approved.
c) Consider First Reading of an Ordinance As Related to Code Section 103.3 (Rain Sensor Shut Off)
City Manager Wilmarth stated the Metro North Georgia Water Planning District has compiled a list of detailed strategies for intensive water demand management and aggressive water conservation in our region. The plan included a number of aggressive water conservation measures to be implemented by local water systems. Three of them are on tonight’s agenda for council consideration.

Mayor Roberts and Council Members agreed that water is a valuable commodity and conservation is a top priority.

Council Member Homiller put forth a motion, Seconded by Council Member O’Malley that The Code of The City of Ball Ground, Georgia is hereby amended by adding to the following section Subpart B Titled Land Development; Chapter 103 Titled Buildings and Building Regulation; Article 1. In General; Section 103.3 Rain Sensor Shut Off Required: All irrigation systems installed within the City of Ball Ground Water Service Delivery Area and within the Corporate City Limits must be equipped with a rain sensor shut off.
Motion Unanimously Approved.

d) Consider First Reading of an Ordinance As Related to Installation of Water Meters Within City of Ball Ground Municipal Water System.
Council Member Homiller put forth a motion, Seconded by Council Member Stoner that The Code of The City of Ball Ground, Georgia is hereby amended by adding to the following section Chapter 28 Division 2. Titled Rules and Regulations:

Water Meters:

(a) All connections to the City of Ball Ground Municipal Water System must be metered.

(b) The city reserves the right to meter any existing unmetered connection and to charge the standing prices to install the meter.

(c) Users with meters must have their entire water supply to the premises on which they are set, metered, and they will be charged for all water that passes through the meter, whether used or wasted.

(d) All master meters installed in the system must be sub-metered by the owner at the point of use for each individual commercial/industrial space or business.

(e) Every individual dwelling or unit in a multi-family structure will be individually metered.

(f) Connections to a drive-thru car wash will not be established unless the car wash is equipped for water recycle.

(g) All water meters will be set on public right of way. The city reserves the right to relocate any existing meter on private property to the public right of way.
Motion Unanimously Approved.


e) Consider First Reading of An Ordinance As Related to Water Waste Management
Council Member O’Malley put forth a motion, Seconded by Council Member Homiller that The Code of The City of Ball Ground, Georgia is hereby amended by adding the following section:
Motion Unanimously

WATER WASTE MANAGEMENT

Waste of water; prohibitions.

(a) The following uses are a waste or unreasonable use or method of use of water and are prohibited:

(1) Allowing water to escape from any premises onto public right-of-way, such as streets and sidewalks, or upon any other person’s property;
(2) Operating an irrigation system or other lawn or landscaping watering device during rain;

(3) Operating an irrigation system or other lawn or landscaping watering device that has any broken or missing sprinkler heads;

(4) Failing to repair a controllable leak, including a broken sprinkler head, or a leaking valve, or a leaking outdoor faucet, or a service line leak, or any other visible outside water leaks, on premises owned, leased, or managed by that person, within thirty (30) days;

(5) Washing any vehicle with a hose and not having a water shut-off nozzle or allowing water to run continuously from a hose while washing any vehicle is also prohibited.

Exemptions.
(a) The restrictions in section (Waste of Water; prohibitions) do not apply to the following authorized uses:

(1) Flow resulting from firefighting or routine inspection of fire hydrants or from fire training activities;

(2) Water applied as a dust control measure, as required by erosion and sedimentation rules;

(3) Water applied to abate spills of flammable or otherwise hazardous materials, where water is the appropriate methodology;

(4) Water applied to prevent or abate health, safety, or accident hazards when alternate methods are not available;

(5) Water used for construction or maintenance activities where the application of water is appropriate methodology and where no other practical alternative exists;

(6) Water used for power washing hard surfaces to alleviate safety or sanitary hazards, unless prohibited by drought restrictions;

(7) Mobile car washes when approved or a special use permit is obtained from the local authority;

(8) Emptying of swimming pools for maintenance when proper local rules are followed.

Penalties for violations.

(a) Water wasting includes water waste by any classifications of user;

(b) Whenever the director of public works, city manager or mayor determines that there is a waste of water in or about premises to which water is supplied from the city, either by willful waste or by means of a leak in any water pipe or fixture located in or upon the premises, said waste may cause the water to be cut off.

(c) Any person found guilty of violating any provision of this article shall be punished as provided in section 1-8 of this Code;

(d) In addition to the penalty provided for the violation of this article, the city may maintain an action or proceeding in any court of competent jurisdiction to compel compliance with or restrain any violation of this article.

f) Consider Implementing Toilet Rebate Program
City Administrator Wilmarth proposed Council Members reenact this program in order to be compliant with the Metro Water Planning District requirements. He recommended offering the rebate program with a budget line allocation for $2,500.00 for the year.

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve implementing the Toilet Rebate Program for City of Ball Ground Water Customers.
Motion Unanimously Approved.

g) Consider Resolution to Terminate 457 Employee Retirement Plan
Mayor Roberts stated a Defined Benefit Plan was implemented for employees as of July 1, 2017, thus ending the 457 Plan Retirement Plan. In order to close out the prior plan, the following resolution must be signed to terminate the plan and allow participating employees to transfer their funds to a financial institution of their choice.

Council Member Homiller put forth a motion, Seconded by Council Member Stoner to approve and empower Mayor Roberts to sign the following Resolution:
Motion Unanimously Approved.

RESOLUTION
City of Ball Ground Mayor and City Council

I hereby certify that the following is a true copy of resolutions duly adopted by the City of Ball Ground Mayor and City Council at a meeting held on the 10th day of August, 2017 at which a quorum was present and acting throughout.

WHEREAS, City of Ball Ground, currently sponsors the City of Ball Ground 457 Plan (the “Plan”).

NOW THEREFORE, BE IT RESOLVED, that Amendment Number 2 to the Plan be, and the same hereby is, adopted in the form attached hereto; and

FURTHER RESOLVED, that the Plan be terminated effective the 14th day of October, 2017, with no further contributions to be made under the Plan; and

FURTHER RESOLVED, that all assets and liabilities of the Plan be transferred to the Plan Trust, and that, upon completion of such transfer, the trust associated with the Plan be terminated; and

FURTHER RESOLVED, that the proper officers/members of this Employer/Plan Sponsor be, and they hereby are, authorized and directed to take such actions and to execute such documents and instruments as they, in their sole discretion, deem necessary or desirable to effectuate intent of the foregoing resolutions, including, without limitation, amendments to the Plan and Trust Agreements associated with the Plan and filing of such notices with regulatory agencies as may be required.

IN WITNESS WHEREOF, I have set my hand on this 10th day of August, 2017.

Employer/Plan Sponsor
s/s City of Ball Ground

s/s Mayor A.R. Roberts, III

h) Consider Storm Water Management Policy/Covenant
City Administrator Wilmarth outlined the following proposed Storm Water Management Policy to Mayor Roberts and Council Members.
Council Member Homiller, Seconded by Council Member O’Malley to approve the following Storm Water Management Policy


i) Consider Storm Water Improvements ( City Park)
City Administrator Wilmarth asked Council to consider an expenditure of approximately $6,000.00 to repair the detention pond in front of the Ball Ground Library. The detention is not functioning properly and causing flooding problems in City Park. City Administrator Wilmarth stated he would be meeting with the executive committee next week to discuss the needed repairs in City Park.

Council Member Homiller put forth a motion, Seconded by Council Member O’Malley to approve the $6,000.00 needed to repair the detention pond located in front of the Ball Ground Library.
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 July 31, 2017. The report showed cash on deposit totaled $795,331.55.

Other Items Reported:
• Senior Services Building – Hoping to advertise for bid within the month.
• Valley Streetscape Project progressing slowly
• LMIG Safety grant funding of $285,000.00 approved to improve the Groover Street rail crossing. City will fund approximately $70,000.00 of the project.
• Chief Reeves presented a monthly report of the Police Department’s activity.

Item 9: Mayor Roberts & City Council Comments
Mayor Roberts stated he continues to work diligently with state and county officials to eliminate truck traffic through Downtown Ball Ground.

Item 10: Public Comments – None

Item 11: Executive Session (If Needed)

Item 12: Adjourn
There being no further business for Mayor and Council Members to discuss a motion was duly made and seconded to adjourn at 8:08 PM.

The minutes of this August 10, 2017, City Council Meeting approved this 14th Day of September 2017.
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