Regular Meeting of the Mayor and City Council
City of Ball Ground, Georgia
Ball Ground City Hall ~ 7:00 P.M.
January 12, 2017
Item 1: Meeting Called to Order by Mayor Rick Roberts.
Council Members Present: John Byrd, Frank Homiller, Mickey O’Malley, and Andrenia Stoner
Council Member Lee Prettyman absent.
Staff Present: Michael Chapman, Donna England, Bryon Reeves, Darrell Caudill, Eric Wilmarth and Karen Jordan
Item 2: Pledge of Allegiance
Item 3: Appearances
• James Bence, Mauldin & Jenkins, LLC presented the Independent Audit Report for Period Ended June 30, 2016. Mr. Bence stated the firm has issued an unmodified audit report (i.e., “clean opinion’). The financial statements are considered to present fairly the financial position and results of operations as of, and for the year ended June 30, 2016.
Mr. Bence commended Donna England, Finance Director, City Manager Wilmarth and Staff for their excellent recording keeping and corporation during the audit.
Mayor Roberts and Council Members also commended Donna and her staff for their continued efforts to ensure our receipt of the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting.
Item 4: Announcements/Informational Items/Project Updates – City Manager
• City Hall will be closed on Monday, January 16, 2017 in observance of MLK Day
• Council planning retreat will be held Saturday, January 14, 2017
Item 5: Approval of December 8, 2016 Minutes
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve the minutes of the December 8, 2016 meeting as submitted in writing by the City Clerk.
Motion Unanimously Approved
Item 6: Old Business – None
a) 2nd Reading of changes to Alcohol Ordinance
Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the Second Reading of the following amendment to the City of Ball Ground Municipal Code Chapter 4 Alcoholic Beverages.
Motion Unanimously Approved.
(a) The sale of growlers in compliance with this article is authorized for establishments defined in subsection 3-70(1) authorized to sell alcoholic beverages excluding distilled spirits, by the package. The filling of growlers by means of a capped keg shall not constitute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 or other provisions of this article. The term “growler” means a bottle made of glass or other material customary to the industry provided that the bottle is capable of being sealed with a screw cap or flip top and then sealed for the purpose of complying with open container laws, and further provided that the bottle does not exceed sixty-four (64) ounces and is filled by a licensee or employee of the licensed establishment with beer from a keg. Growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler. Only professionally sanitized and sealed growlers may be filled and made available for retail sale. Each growler must be securely sealed and removed from the premises in its original sealed condition. Except as hereinafter provided, consumption on the premises is strictly prohibited.
(b) The holder of a package malt beverage license, with or without a package wine license, but in no event with a package distilled spirits license, shall be eligible for an ancillary growler malt beverage tasting license to provide samples of growler malt beverages offered for sale to customers under the conditions set forth in this section. Growler malt beverage sampling shall be on limited occasions when a customer requests a sample of a growler malt beverage offered for sale within the premises, or in conjunction with growler malt beverage education classes and sampling designed to promote growler and malt beverage appreciation and education. Growler malt beverage tasting for customers shall only be conducted at a counter area constituting no more than ten (10) percent of the entire floor area of the premises. Growler malt beverage sampling for customers shall be limited to no more than one (1) time per day per customer for a period not to exceed two (2) consecutive hours. Samples shall not exceed four (4) ounces, and no customer shall consume more than sixteen (16) ounces in any two-hour period. Only the licensee or an employee shall open and handle unpackaged malt beverages, and samples shall only be poured by the licensee and/or an employee. No open growler container shall be removed from the licensed premises. Not more than two (2) times per week for a period not to exceed two (2) consecutive hours, the holder of an ancillary growler malt beverage tasting license may conduct educational classes and sampling for class participants. All conditions of sampling set forth in this Section shall apply to such classes, except for the limitation on floor areas where the classes can be conducted. Growler malt beverage sampling and tasting is only permitted within the designated interior portion of the premises. The annual fee for an annual growler malt beverage tasting license shall be fifty dollars ($50.00), and may be revised, by resolution of the mayor and council from time to time and published in the Municipal Schedule of Fees.
(c) The holder of a package malt beverage license, with or without a package wine license, but in no event with a package distilled spirit license, who is authorized to sell growlers and whose premises are located in the downtown district shall, in conjunction with city-sponsored special events within the downtown district, be authorized to sell malt beverages in 16-ounce plastic containers in the same manner as consumption on the premises licensees in the downtown district, except that such sales shall only take place outside the premises in a tent directly adjacent to the premises. The exact location and set-up of the tent shall be subject to the review of the Chief of Police, or designee, for public safety compliance.
– BREW PUBS
– Exception for brew pubs.
(a) For all purposes of this section, a “brew pub” is defined as an eating establishment in which beer or malt beverages are manufactured or brewed for retail consumption on the premises and solely in draft form.
(b) Notwithstanding any other provision of this chapter to the contrary, a limited exception from section 3-40 shall exist for owners and operators of brew pubs provided that:
(1) No individual shall be permitted to own or operate a brew pub without first obtaining a proper brew pub license from the council pursuant to the same procedures as are set forth in section 3-6, and each brew pub license holder shall comply with all other applicable sate and local license requirements; and
(2) A brew pub license authorizes the holder of such license to (i) manufacture on the licensed premises not more than five thousand (5,000) barrels of beer in a calendar year solely for retail on the premises and solely in draft form; and (ii) operate an eating establishment that shall be the sole retail outlet for such beer and may offer for sale any other alcoholic beverages produced by other manufacturers which are authorized for retail sale under this chapter, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brew pub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers.
(c) Possession of a brew pub license shall not prevent the holder of such license from obtaining any other license available under this chapter for the same premises.
(d) A brew pub license does not authorize the holder of such license to sell alcoholic beverages by package for consumption off the premises.
(e) A brew pub licensee shall pay all state and local license fees and excise taxes applicable to individuals licensed under this chapter as manufacturers, retailers, and, where applicable, wholesalers.
(f) Except as set forth above in this section, a brew pub license holder shall be subject to all provisions of this chapter.
– SPECIAL EVENTS
– Special temporary outside events.
(a) Establishments duly licensed by the city to sell alcoholic beverages for consumption on the premises must submit an application and site plan to the director of public safety or designee to engage in outside special events. A special event temporary permit shall authorize the retail consumption licensee to sell alcoholic beverages for consumption on the premises for a period not to exceed the hours otherwise specified in this chapter. The applicant must meet the following requirements:
(1) The licensed establishment must have an existing license for the sale of alcoholic beverages for consumption on the premises. The entrances and exits to the event must be through controlled entry points which allow for easy monitoring of patrons entering and leaving the event.
(2) A site plan must be submitted to and approved by the Chief of Police as well as the city manager for approval. If the site plan provides for an area to accommodate more than twenty-five (25) persons, a crowd control and security plan must be submitted to the Chief of Police for approval. The building inspector must approve any temporary structures.
(3) A signed and notarized letter from the property owner must be submitted to the Chief of Police authorizing the use of the property for the event.
(4) The outside event shall not exceed two (2) days.
(5) All outside events for an individual licensed establishment will be restricted to two (2) events per year.
(6) A non-refundable fee of one hundred fifty dollars ($150.00) per event must be paid at the time of filing of the application.
(7) The completed application must be submitted to the Chief of Police no less than forty-five (45) days prior to the scheduled event.
Nothing in this section shall be construed to waive or appeal any other requirements ordained under this Code.
(b) The licensee or the licensee’s employee shall supervise all aspects of the special event pertaining to the handling and storage of alcoholic beverages and the distribution of alcoholic beverages to consumers. The licensee shall be responsible for compliance with all aspects of this article and state law, and liable for infractions thereof.
ARTICLE XIV. – ANCILLARY WINE TASTING LICENSE
– Conditions of license issuance.
(a) The holder of a wine-only package store license shall be eligible for an ancillary wine tasting license to provide samples of wine offered for sale to customers under the conditions set forth in this section.
(b) Wine sampling shall be on limited occasions when a customer requests a sample of a wine offered for sale within the premises, or in conjunction with wine education classes and sampling designed to promote wine appreciation and education.
(c) Wine tasting for customers shall only be conducted at a wine counter area constituting no more than ten (10) percent of the entire floor area of the premises.
(d) Wine sampling for customers shall be limited to one consecutive two-hour period in any one day. Samples shall not exceed two (2) ounces or less, and no customer shall consume more than eight (8) ounces in any two-hour period.
(e) Wine bottles shall be opened only by the licensee or an employee, and samples shall only be poured by the licensee and/or an employee.
(f) No open containers of wine shall be removed from the licensed premises.
(g) Not more than one time per week for a period of not to exceed two (2) consecutive hours, the holder of an ancillary wine tasting license may conduct educational classes and sampling for classes. All conditions of sampling forth in this section shall apply to such classes, except for the limitation on floor areas where the classes can be conducted.
(h) Holders of an ancillary wine tasting permit shall not charge for samples or tastings, but may accept donations for a charitable organization of their choice.
(i) Wine sampling and tasting is only permitted within the enclosed portion of the premises.
(j) The annual fee for an ancillary wine tasting license shall be fifty dollars ($50.00), which fee may be revised from time to time by resolution of the mayor and council.
Brewer means a manufacturer of malt beverages.
Brewery means a place where malt beverages are manufactured or brewed.
(a) Brewer license authorized.
Brewer’s licenses are authorized in the city; provided, however, that no individual shall be permitted to own or operate a brewery without first obtaining a proper brewer’s license from the city in the manner provided in this chapter, and each holder of a brewer’s license shall comply with the provisions of this chapter and all applicable state statutes, including rules and regulations promulgated by the department of revenue.
(b) License fee.
The license fee for a brewer shall be five hundred dollars ($350.00) annually. The license fee may be amended from time to time by resolution adopted by the mayor and council of the city.
(c) Tastings and Tours.
Tastings and Tours shall be permitted in accordance with the provisions of O.C.G.A. § 3-5-38, as amended from time to time.
– Furnishing of wine by patron to restaurant.
Notwithstanding any other contrary provision of the ordinance from which this section derives, any restaurant which is licensed to sell wine for consumption on the premises may permit a patron to bring into the restaurant one (1) unopened bottle of wine for consumption on the premises, if the patron purchases a meal and consumes a portion of the bottle of wine and the meal on the restaurant’s premises. In order for this provision to apply, the restaurant must establish a policy for permitting this and must charge a minimum corkage fee of ten dollars ($10.00) per bottle. Nothing in this section shall be deemed to require a restaurant to establish such a policy. Except as provided in this section, it is prohibited for any person to bring his own alcoholic beverage into any retail establishment without regard to whether such establishment is licensed to sell alcoholic beverages. For the purposes of this section, the term retail establishment shall not include a private hotel room or similar guest room or a private club.
– Removal of wine from restaurant by patron.
Notwithstanding any other contrary provision of the ordinance from which this section derives, any restaurant which is licensed to sell wine for consumption on the premises may permit a patron to remove one (1) unsealed bottle of wine per patron for consumption off the premises, if the patron has purchased a meal and consumed a portion of the bottle of wine with such meal on the restaurant’s premises. A partially consumed bottle of wine that is to be removed from the premises must be securely resealed by the licensee or its employees before removal from the premises. The partially consumed bottle of wine shall be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with, and a dated receipt for the bottle of wine or corkage fee and meal shall be provided by the licensee and attached to the container. If transported in a motor vehicle, the container with the resealed bottle of wine shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.
Open area, sidewalk, deck and patio sales. (Replaces Sec. 4-142.(a) ) – the rest of 4-142 remains in effect
The consumption and/or sale of alcoholic beverages may be allowed in open areas, sidewalks, decks, patios or similar unenclosed spaces on or about the premises of an establishment licensed to sell alcohol for consumption on the premises if written application is made to and approved by City Manager, or designee, under such conditions as the director may deem appropriate for the protection of public health, safety and welfare including, but not limited to, maximum capacity, ingress and egress.
Item 7: New Business
a) Consider Appointment of Mayor Pro Tem
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve the appointment of Council Member Frank Homiller as Mayor Pro Tem.
Motion Unanimously Approved
b) Consider Appointment of 2017 Department Heads, Committees and Board Members
Council Member Byrd put forth a motion, Seconded by Council Member Homiller to approve the following Staff and Board Appointments for the 2017 year as submitted by Mayor Roberts.
Motion Unanimously Approved
City Clerk Karen L. Jordan
Chief of Police Bryon Reeves
Public Works Eric Wilmarth
City Attorney Roach, Caudill & Gunn
City Auditor Mauldin & Jenkins
Engineer G. Ben Turnipseed Engineers
Architect Mark Robillard
Elections Super Karen Jordan
Clerk of Court Kim Forman
Assistant Clerk of Court Karen L. Jordan
Municipal Court Judge Gary Markwell
Tree Board Appointments
Karen Jordan, Chairman
Sitting president of the Ball Ground Garden Club
Zoning Board of Appeals
Council Committees Chair Other Staff
Insurance & Personnel Andy Mickey Donna
Historic & Natural Preservation Frank Andy Karen
Parks & Recreation Mickey Frank Karla
Public Works John Lee Eric
Public Safety Lee John Chief
c) Consider Appointments to Downtown Development Authority
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve the following appointments to the Downtown Development Authority.
Motion Unanimously Approved
Downtown Development Authority
John Byrd 01/2020
Bo Pollard 01/2019
Tricia Richardson 01/2017
Gloria Bartko-Thomas 01/2019
Lee Lusk 01/2020
Brent Richardson 01/2019
Kathy Day 01/2020
d) Reaffirm Check Signers for any/all banking/checking accounts
Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to authorize Mayor Roberts, City Manager Eric Wilmarth and City Clerk Karen Jordan as check signers for any/all banking/checking accounts.
e) Consider Establishing and Fixing Qualifying Fees for Municipal Elections per
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve a qualifying fee of $108.00 for the office of mayor and $35.00 qualifying fee for the office of council member.
Motion Unanimously Approved.
f) Consider Arbor Day Proclamation
The following proclamation was read by Mayor Roberts and confirmed unanimously by Council Members. Mayor Roberts stated the date, location and time of the tree planting would be announced later.
Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day is set aside for the planting of trees, and
Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and
Whereas, Arbor Day is now observed through the nation and the world, and
Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and
Whereas, trees are a renewable resources giving us paper, wood for our homes, fuel for our fires and countless other wood products, and
Whereas, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and
Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal, and
Now, Therefore, I A. R. Roberts, III, Mayor of The City of Ball Ground, do hereby proclaim February 17, 2017 as Arbor Day in The City of Ball Ground, and I urge all citizens to support efforts to protect our trees and woodlands and
Further, I urge all citizens to plant trees to gladden hearts and promote the well-being of present and future generations.
Dated this 12th Day of January 2017
/S/ A. R. Roberts, III, Mayor
Attest: /S/ Karen L. Jordan, City Clerk
g) 1st Reading of Alcohol License Application for Consumption on Premise
Applicant: Robert Joseph Waldrop
Business Name: Chef Adam Inc. DBA Les Bon Temps Louisiana Kitchen
Location: 248 Gilmer Ferry Road
Mayor Roberts presented the Application for alcohol on premise consumption/sales submitted by Robert Joseph Waldrop for 248 Gilmer Ferry Road for Council consideration.
City Manager Wilmarth stated all requirements had been met.
Council Member Byrd put forth a motion, Seconded by Council Member Homiller to approve the first reading of the application as submitted.
Motion unanimously approved.
h) 1st Reading of Alcohol License Application for Package Sales
Applicant: Rina H. Patel
Business Name: Keshavkrupa 2016, LLC/DBA Jordan’s Package Store
Location: 263 Commerce Lane
Mayor Roberts presented the application for package sales of alcohol submitted by Rina H. Patel for business located at 263 Commerce Lane for council consideration.
City Manager Wilmarth stated all requirements had been met.
Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to approve the first reading of the application as submitted.
Motion unanimously approved.
i) 1st Reading of Alcohol License Application for Package Sales
Applicant: Dhiraj Dutta
Business Name: American Petro Inc. DBA Danny’s Exxon Ball Ground
Location: 3010 Ball Ground Hwy.
Mayor Roberts presented the application for package sales of alcohol submitted by Dhiraj Dutta for Danny’s Exxon Ball Ground located at 3010 Ball Ground Hwy.
City Manager Wilmarth stated all requirements had been met. He further stated that the applicant is applying for the license for a business that is presently non-existent. Upon approval of the license, the purchase of the property will be finalized.
Council Member put forth a motion, Seconded by Council Member O’Malley to approve the first reading of the application as submitted.
Motion unanimously approved.
j) 1st Reading of Annexation Petition 2017-A01
Applicant: Robert C. Chapman
The Property consists of 1.48 acres and is located at 8611 Ball Ground Hwy.
The property is described as all that tract or parcel of land lying and being in Land Lot 65 of the 3rd District, 2nd Section of Cherokee County and further described as Cherokee County Tax Map No. 03N01, Parcel 118A. The property is currently zoned R40. No zoning change is being requested
Mayor Roberts presented the annexation petition for 1.48 acres located 8611 Ball Ground Highway as submitted by Robert C. Chapman.
City Manager Wilmarth stated the required notification had been sent to the Cherokee County Board of Commissioners, but no response had been received at the time of this meeting. City Manager Wilmarth further stated Town and Country Wrecker Service is located at this address and proposes to begin renovation of the building upon finalization of the annexation.
Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the first reading of the annexation petition as submitted by Robert Chapman.
Motion unanimously approved.
Item 8: City Manager Comments – City Manager Eric Wilmarth
• Financial Report – City Manager Wilmarth presented an unaudited report of account balances, statement of revenue and expenditures for the month ended December 31, 2016. The report showed cash on deposit totaled $845,657.44.
• Chief Reeves presented a written report of the department’s activity for the month ended December 31, 2016, and also a recap of the department’s overall activity for the year 2016.
Item 9: Mayor Roberts & City Council Comments
Mayor Roberts stated Lew Oliver of Whole Town Solutions, Inc. would attend our planning retreat to compare our Master Plan developed in 2007 to our development today. Mr. Oliver and his firm were hired in 2007 to guide elected officials, staff and residents through the Charrett Process to produce a comprehensive master plan that would serve as a blueprint for a revitalized town.
Mayor Roberts announced that he would attend the Georgia Municipal Association’s Annual Mayor’s Day Training Conference later this month. Council Members John Byrd and Mickey O’Malley stated they would also be attending.
Mayor Roberts stated he is constantly complimented on the ongoing improvements to our downtown. Other council members echoed his comments. Mayor Roberts stated it’s good to know we are doing things right.
Mayor Roberts thanked Scott Barnes for his continued representation of Ball Ground on the Cherokee County Zoning Board.
Council Member O’Malley expressed his excitement on the continued use of the Ball Ground City Gym. He said it has become hard to meet the demand to rent the facility.
Council Member O’Malley stated he had received a request from several area residents to add the necessary lines to the tennis court for pickleball. Council Member O’Malley further stated the ones making the request would paint the lines with permission without cost to the city.
It was agreed that the “Pickle Ball Team” could paint the lines.
Council Member Homiller stated he believed we are on the cusp of breaking out. He too is constantly receiving positive comments of the revitalization of our downtown.
Item 10: Public Comments – None
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 8:20 PM.
The Minutes of this January 12, 2017, City Council Meeting approved this 8th day of February 2017.