Minutes – August 12, 2010

 Regular Meeting of the Mayor and City Council
 City of Ball Ground, Georgia
Ball Ground City Hall 7:00 P.M.
MINUTES
August 12, 2010

Item 1:  Call to Order by Mayor Roberts

Council Members John Byrd, Frank Homiller, Mickey O’Malley, Lee Prettyman &      Andrenia Stoner were present.

 Staff Present:  Darrell Caudill, City Attorney; Dana Davis, Police Chief; Donna England,     Finance Director; Michael Chapman, Planner; Eric Wilmarth, City Manager; Karen L. Jordan, City Clerk

Item 2:  Pledge of Allegiance led by Council Member Lee Prettyman

Item 3:  Scheduled Appearances – None

Item 4:  Announcements/Informational Items

      City Admin Wilmarth announced the following:

  • City Hall will be closed on September 6, 2010 in observance of Memorial Day
  • The Ball Ground Business Association will sponsor free Movie Night in Calvin Farmer Park on Saturday, August 29, 2010
  • The Police Department will participate in the Annual Night Out on October 7, 2010.
  • The annual audit of the City’s financial activities for the fiscal year ended June 30, 2010 is scheduled to begin on September 13, 2010.

 Item 5:  Approval of July 8, 2010 Meeting Minutes

            Council Member Stoner put forth a motion, Seconded by Council Member Byrd to   approve the minutes as submitted in writing by City Clerk Karen Jordan.

            Motion Approved 5 Yeas, 0 Nays.

 Item 6:  Old Business

a)      Consider 2nd Reading of City of Ball Ground Codification of Ordinances

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve the 2nd reading of the City of Ball Ground Codification of Ordinance as submitted.

Motion Approved 5 Yeas, 0 Nays.

 b)      Consider 2nd Reading of Intergovernmental Agreement for Cherokee County Board of Elections to conduct City of Ball Ground Municipal Elections

Council Member Byrd put forth a motion, Seconded by  Council Member Stoner to approve 2nd reading of Intergovernmental Agreement between the Cherokee County Board of Elections and City of Ball Ground.

Motion Approved 5 Yeas, 0 Nays

Item 7:  New Business

a)      Consider 1st Reading of Application for Alcohol License
            Applicant: ANBC, Inc.  8615 Ball Ground Hwy
     Application presented by Mayor Roberts. 
The applicant, Mr. Subhash Shroff addressed Mayor and Council concerning his opening of a new business at 8615 Ball Ground Hwy.
Mayor Roberts told Mr. Shroff it was good to have him opening a new business in the City and that he wished him lots of luck.
Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve the first reading of the Alcohol License Application submitted by ANBC, Inc. for 8615 Ball Ground Hwy.
Motion Approved 5 Yeas, 0 Nays.

 b)      Consider 1st Reading of City of Ball Ground Development Code (Updated Zoning Ordinance-No Change)

Mayor Roberts asked City Administrator Wilmarth to address Council concerning the proposed document.  City Administrator Wilmarth stated the original Comprehensive Development Code was adopted in 2001.  Since that time there have been a number of changes related to the language within the document.  The proposed document before Council tonight incorporates all of those changes within the original document. 

Council Member Byrd put forth a motion, Seconded by Council Member Homiller to approve the first reading of the City of Ball Ground Development Code as presented.

Motion Approved 5 Yeas, 0 Nays

c)       Consider Adoption of Zoning Map

Mayor Roberts presented the current City Zoning Map for Council consideration and stated that City Attorney Caudill had recommended that Council annually adopt the document.   

City Administrator Wilmarth stated that from this point forward Council will be asked to readopt the Zoning Ordinance and Zoning Map at the January Council Meeting. This procedure would ensure that changes made during the year would be incorporated into the document and approved on yearly bases.

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve the current Zoning Ordinance and Zoning Map as presented.

Motion Approved 5 Yeas, 0 Nays.

 d)      Consider Joint Agreement Between Cherokee County and City of Ball Ground Related to New SPLOST Agreement/Referendum

 Mayor Roberts stated that he along with the other Cherokee County Mayors had been meeting with Commission Chairman Ahrens to compile an Intergovernmental Sales Tax Agreement that would benefit the City’s as well as the County. Mayor Roberts therefore presented the agreement for Council consideration.

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to enter into an Intergovernmental Sales Tax Agreement as stated below.

Motion Approved 5 Yeas, 0 Nays

INTERGOVERNMENTAL SALES TAX AGREEMENT

This INTERGOVERNMENTAL SALES TAX AGREEMENT (this “Contract”), made and entered into as of August 17, 2010, 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”), Holly Springs, Georgia (“Holly Springs”), the City of Mountain Park (“Mountain Park”), the City of Nelson (“Nelson”), the City of Waleska (“Waleska”), and the City of Woodstock, Georgia (“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”), 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; and

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;

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 July 13, 2010 a written notice to the mayors of the Cities, of a meeting that was held at the County’s offices on August 3, 2010, at which the governing authorities of the County and of such municipalities 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.

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) 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.

(d) 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 termination 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 on whether to reimpose the Sales Tax 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, Law Enforcement and Fire/EMS Training Facilities & Equipment, Advanced Life Support (ALS) Vehicles and Equipment, and Animal Shelter Facilities and Equipment- $25,000,000,

(2) Transportation Facilities, Equipment, Improvements, and Airport Facilities & Expansion- $93,450,000,

(3) Library Facilities- $2,500,000,

(4) Senior Center Facilities- $1,500,000,

(5) Business & Economic Development land acquisition, infrastructure, facilities, debit service, sewer system improvements: – 3,750,000,

(6) Fire & Emergency Services Facilities, Vehicles and Equipment- $7,250,000,

(7) Courthouse Expansion – $1,450,000

(8) Law Enforcement, E911 and County Marshals Facilities, Vehicles and Equipment – $4,400,000;

Total Estimated: $139,300,000

(b) Projects to be owned or operated or both by Ball Ground:

(1) Law Enforcement Facilities, Vehicles and Equipment – $200,000,

(2) Community Center – $100,000,

(3) Park and Recreation Facilities – $100,000,

(4) Transportation Facilities and improvements – $749,500,

(5) Fire Facilities, Vehicles and Equipment – $250,000

(6) City Hall Debt Service – $500,000; and

(7) Water/Sewer System Improvements – $164,500

Total Estimated: $2,064,000

(c) Projects to be owned or operated or both by Canton:

(1) Transportation Facilities and Improvements – $6,000,000,

(2) Park and Recreation Facilities – $4,800,000,

(3) General Government Buildings – $2,300,000,

(4) Fire Facilities and Equipment – $504,000, and

(5) Water, Wastewater Facilities, Equipment and Debit Service – $3,700,000;

Total Estimated: $17,304,000

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

(1) Transportation Facilities and Improvements – $3,100,000,

(2) Law Enforcement Facilities, Vehicles and Equipment – $1,700,000,

(3) Sewer System Infrastructure, Facilities and Equipment – $750,000,

(4) City Hall Administrative Offices Facilities and Equipment – $755,000

(5) Public Works, Fire, and Fleet Vehicles and Equipment – $410,200;

Total Estimated: $6,715,200

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

(1) Law Enforcement, Streets, and Drainage – $6,264;

Total Estimated: $6,264

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

(1) Law Enforcement and Fire Vehicles and Equipment – $220,000,

(2) Transportation Facilities and Improvements – $250,000, and

(3) Park and Recreation Facilities and Improvements – $250,000;

Total estimated: $720,000

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

(1) Water System Facilities & Improvements – $1,000,000, and

(2) Parks & Community Facilities and Improvements – $760,000;

Total estimated: $1,760,000

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

(1) Public Works Facilities, Transportation Facilities (Streets, Drainage and Sidewalks, etc.), Equipment – $8,920,264,

(2) Park, Recreation and Cultural Arts Facilities – $4,000,000,

(3) Public Safety (Police and Fire) Facilities and Equipment – $2,700,000,

(4) Water, Wastewater, Stormwater Facilities, Equipment – $2,000,000, and

(5) Debit service for such projects.

Total Estimated: $17,620,264

Section 5. Distribution of Sales Tax Proceeds. 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 $25,000,000 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 $200,000,000 shall be ratably applied as soon as practicable to the following purposes:

(1) 1.29% shall be paid to Ball Ground to fund the capital outlay projects specified in Section 4(b) hereof ratably,

(2) 10.815% shall be paid to Canton to fund the capital outlay projects specified in Section 4(c) hereof ratably,

(3) 4.197% shall be paid to Holly Springs to fund the capital outlay projects specified in Section 4(d) hereof ratably,

(4) 0.004% shall be paid to Mountain Park to fund the capital outlay projects specified in Section 4(e) hereof ratably,

(5) 0.45% shall be paid to Nelson to fund the capital outlay projects specified in Section 4(f) hereof ratably,

(6) 1.10% shall be paid to Waleska to fund the capital outlay projects specified in Section 4(g) hereof ratably,

(7) 11.013% shall be paid to Woodstock to fund the capital outlay projects specified in Section 4(h) hereof ratably, and

(8) 71.131% shall be applied by the County to fund the capital outlay projects specified in Section 4(a) hereof ratably; 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.

                        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.  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.

                Section 8.  Entire Agreement. This Contract expresses the entire understanding and all agreements among the parties hereto with respect to the subject matter hereof.

                        Section 9.  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 10.  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 11.  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 only executed by the parties hereto.

                        Sections 12.  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.

                IN WITNESS WHEREOF, the County and the Cities have caused this Contract to be executed in their respected 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.

                                                                                CITY OF BALL GROUD

                                                                                /s/ Mayor A. R. Roberts, III

Attest:  /s/Karen L. Jordan

e)      Consider Proposal from BB&T for the Refinancing of City Hall

Mayor Roberts stated City Administrator Wilmarth has been seeking proposals from a number of financial institutions for the refinancing of the New City Hall Building due to the decrease in interest rates. 

Mayor Roberts stated that through the Georgia Municipal Association Lease/Purchase Program we were able to secure refinancing through Branch Banking and Trust Company (BB&T).  The proposal states the amount to be financed not to exceed $1,450,000.00 for 20 years at an interest rate of 4.52%.  This would result in an increase of cash flow of approximately $2,500.00 per month.

Council Member Byrd put forth a motion, Seconded by Council Member Stoner to approve the proposal agreement as submitted in writing by Branch Banking and Trust Company(BB&T) for the financing of City Hall for the amount not to exceed $1,450,000.00 for 20 years at an interest rate of 4.52%. 

Motion Approved 5 Yeas, 0 Nays.

f)        Consider Adoption of 2010-2011 Millage Rate

Mayor Roberts opened for Council discussion the option of approving the current millage rate of 5.194.  He stated by maintaining this rate it would actually represent a tax decrease because of the decrease in property values.

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to adopt a millage rate of 5.194.

Motion Approved 5 Yeas, 0 Nays

g)      Consider Policy Adoption for Procurement of Engineering Service

Mayor Roberts presented for council consideration and outlined the purpose for adopting a Procurement Policy. 

Upon hearing this discussion Council Member Byrd put forth a motion, Seconded by Council Member Homiller to approve the policy as stated below:

Motion Approved 5 Yeas, 0 Nays

Engineering Services
Procurement Policy
City of Ball Ground, Georgia
 
Adopted
August 12, 2010
Purposes:  To establish the process for the selection of Engineering and Architectural Services for the City of Ball Ground.

Intent:  To establish a streamlined, efficient and cost effective process by which engineering services are acquired for the City of Ball Ground.

Procedures:  In January of each year the Mayor will recommend to the City Council an Engineer to provide Engineering services to the City of Ball Ground.  Upon confirmation by council, this Engineer or Engineering Service will be used to handle routine matters of business concerning roadway repair, sidewalk repair, water and sewer repair items and small projects with an estimated engineering service cost of less than $10,000.   On projects where it is deemed appropriate, the City Manager may seek price quotes for small projects and may use other individuals or firms if a cost savings will be realized by the City.

For projects where the anticipated service fees will be in excess of $10,000 but less than $20,000 the City Manager will obtain quotes from at least 2 engineers for review by the Mayor and Council.  Mayor and Council will select and engineer for the project.

For projects where the anticipated service fees will be in excess of $20,000 the City will issue a request for proposals (RFP).  Each individual or firm responding to the RFP and submitting the required documents will be evaluated on the following items:

                25 Points Price

                25 Points Experience on Similar Projects

                25 Points Qualifications of Principals and Individuals assigned to project

                20 Points Governmental Experience

                5 Points   Proximity to the City

 

Item 8:  City Manager 

Financial Report – An unaudited report of account balances, statement of revenue and expenditures for the month ended July 31, 2010 was presented by City Administrator Wilmarth.  The report showed cash on deposit totaled $558,248.91.

Public Safety – Chief Davis presented a written report of the department’s activity for the     month ended July 31, 2010 for Mayor and Council review.

City Administrator Wilmarth commended Robert Dobbs, Kathy Day and several other volunteers for assisting a property owner in cleaning up their property which was found to be in violation of several ordinances. So they hired a cleaning service (Anago Winnipeg) to help them fix all of these. 

Chief Davis commented on his attendance to the annual Chief’s Convention.

Administrative – City Clerk Karen L. Jordan was recognized for her 25 years of service      to the City.

Item 9:  Mayor Roberts and City Council Report

Mayor Roberts commented on his attendance of the Ball Ground Business Association meeting held recently.  He stated that he was very impressed with the group and would like for them to meet jointly with the Downtown Development Authority to discuss the potential for the downtown area.

Council Member Byrd along with Mayor Roberts and Council Member Stoner commended Donna England, Finance Director for the job she does managing the City’s finances.

Council Member O’Malley expressed his appreciation to the City for allowing him to attend the Georgia Municipal Association Annual Convention Meeting.

Council Member O’Malley reported that he had gotten many positive comments concerning the improvements to the Lions Club Ball Park.

Mayor Roberts commented to Council Member Homiller that his request to increase the supplement to the Ball Ground Library had been authorized. 

Council Member Homiller thanked Mayor Roberts for the increase.

Mayor Roberts stated that he thought Ball Ground was the smallest, most fortunate city to have a very nice library.  Council Member Homiller encouraged use of facility. 

Mayor Roberts thanked Council Member Homiller for his eight years of service on the Library Board.

Item 10:  Public Comments

Council Member Prettyman introduced the Ball Ground Quilting Guild, spokes person Judy Prettyman came forward for presentation of a quilt made by the group.

Mrs. Prettyman thanked the Mayor and City Council for allowing them to meet in the Community Center and thought it would be a nice gesture to make a commemorative quilt for display inside the New City Hall.

The quilt was unveiled as Mrs. Prettyman identified the members Nancy Brado, Sylvia Boles, Penny Westbrook, Nancy Bearbaum, Myrna, Deborah and Kathy Mock.

who assisted in the making of the quilt.

Mayor Roberts expressed his appreciation to the group for their work.

Item 11:  Executive Session (If Needed)

Item 12:  Adjourn at 7:55PM

There being no further business for Council consideration a motion was duly made and seconded to adjourn at 7:55 PM

The minutes of this August 11, 2010 Council Meeting approved this 14th day of October 2010.

 

               

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