September 12, 2019

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

Minutes
September 12, 2019

Mayor Pro Tem John Byrd called the meeting to order.

Present for the meeting
John Byrd – Council Member
Lee Prettyman – Council Member
Andrenia Stoner – Council Member
Donna England – Finance Director
Bryon Reeves – Chief of Police
Chris Luly – City Planner
Darrell Caudill, City Attorney
Eric Wilmarth, City Manager
Karen L. Jordan, City Clerk
Donald Campbell – Cherokee Tribune

Absent: Frank Homiller, Mickey O’Malley and Mayor Rick Roberts

Pledge of Allegiance

Appearances
Marie Harrington representing the Cherokee Volunteering Aging Council (VAC) addressed the council members on the upcoming fundraising events and the mission of the VAC.

Mayor Pro Tem Byrd thanked Ms. Harrington for coming and presented a Resolution to her commending the VAC for the assistance they provide for struggling seniors and senior veterans in Cherokee County.

Announcements – City Manager Eric Wilmarth

September 21 – Downtown Music Festival Noon – 9:00 PM
Farmers Market continues through October
Concert in the Park on October 26 at 7:00 PM

Consider Approval of August 8, 2019 Council Meeting Minutes
Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve the minutes of the August 8, 2019 Work Session and Council Meeting as submitted in writing by the City Clerk
Motion Unanimously Approved
Old Business – None

New Business
Consider adoption of Service Delivery Area Map with Cherokee County Water and Sewer Authority (CCWSA)
City Manager Wilmarth presented for council consideration a map identifying the Service Delivery Area with the Cherokee County Water and Sewer Authority (CCWSA). The map highlights two areas in the City’s Service Area that are serviced by CCWSA and should be included in the area rather than the City’s.

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to relinquish the two areas identified on the map to the Cherokee County Water and Sewer Authority (CCWSA).
Motion Unanimously Approved

Consider A Resolution of the City of Ball Ground to authorize the Mayor to establish a Franchise Fee applicable to holders of cable and video franchises issued by the State of Georgia
City Manager Wilmarth presented to Council for consideration a Resolution authorizing the establishment of a franchise fee of 5% of any cable or video state franchise holder’s gross revenues received from the provision of cable or video service generated within the corporate boundaries of the City of Ball Ground, pursuant to a franchise issued by the State of Georgia pursuant to O.C.G.A. 36-76-1 et seq. known as the “Consumer Choice for Television Act” of 2007.

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to authorize Mayor Roberts to sign the Resolution as submitted.
Motion Unanimously Approved

Consider a change to Schedule of Fees
City Manager Wilmarth proposed Council Members amend the schedule of fees to include a Four-dollar ($4.00) service fee as a means of funding stormwater management services in the city. The Ordinance to regulate fees and charges for stormwater utility services, define the scope of responsibility, establishes an enterprise fund, credit and appeal policies, billing and collection policies, and other policies and procedures related to establishing the stormwater utility was adopted in March.

Mr. Wilmarth also proposed Council Members amend the schedule of fees to include a fee of Seven Hundred Fifty dollars ($750.00) for a “Long Side Bore” as related to water capacity fees.

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to add the Four-dollar ($4.00) service fee for stormwater management and the Seven Hundred Fifty-dollar ($750.00) fee for long side bores to the schedule of fees.
Motion Unanimously Approved

Consider an amendment to Retirement Plan Document
Council Members considered an amended Adoption Agreement and General Addendum for the City’s Municipal Employees Benefit System (“GMEBS”) Defined Benefit Retirement Plan (“Plan”). The Addendum to the Adoption Agreement reads (4) Credited Past Service under the Plan for specified classes of employees (see Section 13 of Adoption Agreement regarding Credited Past Service): With respect to Participants who (1) were employed by or in office with the City as of July 1, 2019, and (2) were employed by (at least 24 hours per week) or in office with the City prior to July 1, 2019, a maximum of (5) years of service with the City prior to July 1, 2017, shall count as Credited Past Service for purposes of benefit computation.

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve the amended Adoption Agreement and General Addendum for the City’s Municipal Employees Benefit System (“GMEBS”) Defined Benefit Retirement Plan (“Plan”) as submitted.
Motion Unanimously Approved

Consider granting authority to CCWSA for Industrial Pre-Treatment Inspections and Compliance of City of Ball Ground Sewage System
City Manager Wilmarth asked council members to consider an agreement between the City of Ball Ground and Cherokee County Water and Sewer Authority (CCWSA) for Industrial Pre-treatment Inspection and Compliance Enforcement. Mr. Wilmarth stated The Riverbend Waste Water Treatment Plant has permit limits established by The Georgia Environmental Protection Division (EPD). Therefore, in order to maintain permit compliance, they must have an office dedicated to inspection and enforcement of Industrial Discharge to make sure entities are not discharging chemicals that could result in permit violations. The City does not have in house staff properly trained or certified in Industrial Pre-Treatment. The City relies on CCWSA for this service.

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to enter into an agreement with the County Water and Sewer Authority (CCWSA) for Industrial Pre-treatment Inspection and Compliance Enforcement.
Motion Unanimously Approved

Consider Resolution to Cherokee Chamber Regarding Local Control on Architectural Standards
A Resolution supporting locally-established building design standards for residential dwellings was presented to council members for consideration.
Mr. Wilmarth stated legislation was introduced in the 2019 Legislative Session that would prohibit cities from establishing architectural controls and guidelines for development within their corporate limits. Although the Georgia Chamber of Commerce supported the bill the Cherokee County Chamber of Commerce did not. Therefore, the cities are calling on the local chamber to oppose the bill and other similar legislation in the 2020 Legislative Session.

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to pass this Resolution asking the Cherokee County Chamber of Commerce to oppose any and all legislation prohibiting local governments from establishing architectural controls and guidelines for development within their corporate limits.
Motion Unanimously Approved

City Managers Report
City Manager Wilmarth provided Council Members with an unaudited report of account balances, statement of revenue and expenditures for the month ended August 31, 2019. The report showed cash on deposit totaled $791,743.59

Chief Reeves presented a written report of the Police Department’s activities for the month of August, 2019.

Mayor Roberts Comments

Council Members Comments

Council Members Byrd, Prettyman and Stoner commended each department for their dedicated service to the City.

Public Comments

Executive Session – Discussion of possible land acquisition
Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to adjourn into Executive Session for the purpose of discussing the future acquisition of real estate per O.C.G.A. Section 40-14-3(4).

Council Members convened into Executive Session for the purpose of discussing acquisition of real property identified as parcel 2019-06.
No action taken.

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to adjourn the Executive Session and reconvene back into the regular meeting.
Motion Unanimously Approved.

Mayor Pro Tem Byrd called the regular meeting back to order.

There being no further business for consideration Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to adjourn the meeting.

The minutes of this September 12, 2019 Council Meeting approved this 10th Day of October 2019.

Mayor A. R. Roberts, III

Attest: Karen L. Jordan
City Clerk


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