City of Flowery Branch City Council Meeting Thursday ... · ordinances for the holding of elections...

City of Flowery BranchCity Council Meeting

Thursday, January 03, 2019, 6:00 PMCity of Flowery Branch City Hall

5410 Pine Street, Flowery Branch GA, 30542

CALL WORK SESSION TO ORDER:

PLEDGE OF ALLEGIANCE:

PUBLIC HEARING:

UNFINISHED BUSINESS - WORK SESSION:

NEW BUSINESS -WORK SESSION: Consider 1st Reading of Ordinance 504(a) - Amending Alcoholic Beverage Serving Times on

Sundays.504A.pdf

Consider- 1st Reading of Ordinance 553 - Publishing of 2019 General Election Qualifying Fees2019 Elections Summary.pdf553 - 2019 Ordinance - Call for Election.pdf

Consider 1st Reading of Ordinance 554 - Call for Special Election554 - 2019 Ordinance - Call for Special Election.pdf

Consider Beer License for Restaurant La Casa Del Taco at 5533 Atlanta Highway, Flowery Branch122018 Restaraunta Del Taco Alcohol .pdf

DEPARTMENT REPORTS: - a. City Manager Reportb. City Clerk Reportc. Finance Director Reportd. Planning Department Reporte. Police Reportf. Attorney Reportg. Council Report

ADJOURNMENT WORK SESSION:

VOTING SESSION AGENDA

CALL VOTING SESSION TO ORDER:

PUBLIC COMMENTS: - Please limit to two minutes

CONSENT AGENDA:

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/286827/504A.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/281729/2019_Elections.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/284518/553_-_2019_Ordinance__-_Call_for_Election.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/286886/554_-_2019_Ordinance__-_Call_for_Special_Election.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/286828/122018_Restaraunta_Del_Taco_Alcohol_.pdf

City Council City Council Page - 2 -

Consider Beer License for Restaurant La Casa Del Taco at 5533 Atlanta Highway, Flowery Branch122018 Restaraunta Del Taco Alcohol .pdf

UNFINISHED BUSINESS - VOTING SESSION:

NEW BUSINESS - VOTING SESSION: Consider 1st Reading of Ordinance 504(a) - Amending Alcoholic Beverage Serving Times on

Sundays.504A.pdf

Consider- 1st Reading of Ordinance 553 - Publishing of 2019 General Election Qualifying Fees2019 Elections Summary.pdf553 - 2019 Ordinance - Call for Election.pdf

Consider 1st Reading of Ordinance 554 - Call for Special Election554 - 2019 Ordinance - Call for Special Election.pdf

EXECUTIVE SESSION:

ADJOURNMENT:

If you have a disability or impairment and need special assistance please contact the City Clerk prior to themeeting at 770-967-6371 - Meeting agenda is subject to change

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FLOWERY BRANCH CITY COUNCIL

EXECUTIVE SUMMARY

SUBJECT: Consider 1st Reading of Ordinance 504(a) - Amending Alcoholic Beverage Serving Times on Sundays.

COUNCIL MEETING DATE: January 3, 2019

HISTORY:On May 8, 2018 Governor Deal signed SB17 also known as the "Brunch Bill", providing that governing authorities ofmunicipalities in which the sale of alcoholic beverages for consumption on the premises is lawful may authorize sales ofsuch alcoholic beverages during starting at 11:00 am on Sunday as opposed to the current 12:30 pm.

At the July 5, 2018 Council Meeting Resolution 18-015 - "Call for Special Election for Brunch Bill Question" wasapproved by the council approving the following question to be on the November 6, 2018 Flowery Branch SpecialElection Ballot:

“Shall the governing authority of Flowery Branch be authorized to permit and regulate Sunday sales of distilled spirits oralcoholic beverages for beverage purposes by the drink from 11:00 am to 12:30 pm?”

The Election Results were as follows:3,032 Total Votes2,165 votes or 71.41 % were for authorizing the City to decide on the times of Sunday Sales 867 votes or 28.59 % were against authorizing the City to decide on the times for Sunday Sales

FACTS AND ISSUES:The council approved resolution 18-015 - and on November 6th the voters of Flowery Branch approved the ability ofthe Flowery Branch City Council to change the hours of alcoholic beverage services on Sundays between the hours of11:00 a.m. and 12:00 midnight so long as the establishment derives at least fifty percent (50%) of its total annual grosssales from the sale of prepared meals.

The current Ordinance being considered is to approve the amending of the Sunday service times with an effective date ofFebruary 3, 2019 to coincide with Hall County and the other cities within Hall County for a unified effective date.

OPTIONS:Approve and move forward with a February 3, 2019 effective date.Approve and set a different effective date.Deny the amendment and leave service hours of 12:30 pm on Sundays.

IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: No

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AMOUNT AND SOURCE OF FUNDS:

RECOMMENDATION:Approve

SAMPLE MOTION: I make a motion to approve Ordinance 504(a) amending the Sunday service times for alcoholic beverages.

COLLABORATING DEPARTMENT:

DEPARTMENT: Administration

Prepared by: Melissa McCain

ATTACHMENTS 504A.pdf

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First Reading: January 3, 2019 Second Reading: January 17, 2019

ORDINANCE 504(a)

AN ORDINANCE AMENDING CHAPTER 8 (ALCOHOLIC BEVERAGES), ARTICLE III (REGULATION), DIVISION 1 (GENERALY), SECTION 8-134 (HOURS AND DAYS OF SALE) OF THE CODE OF THE CITY OF FLOWERY BRANCH, GEORGIA, TO PROVIDE FOR HOURS AND DAYS OF SAY OF ALCOHOLIC BEVERAGES BY THE DRINK ON SUNDAYS; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO ESTABLISH AN EFFECTIVE DATE; AND FOR ALL OTHER LAWFUL PURPOSES.

WHEREAS, the City of Flowery Branch, Georgia is authorized by O.C.G.A. § 36-31-7 and by Section 1.4 of its Charter to license and regulate alcoholic beverages within its corporate limits; and

WHEREAS, the City of Flowery Branch, Georgia has previously adopted an alcoholic beverages ordinance regulating the hours and days of consumption; and

WHEREAS, Senate Bill 17 was approved and signed by the Governor May 8, 2018 allowing for a referendum to consider allowing the hours of Sunday alcoholic beverage consumption on-premises sales to begin as early as 11:00 a.m.; and

WHEREAS, on November 6, 2018, 71.41% of voters in the City of Flowery Branch, Georgia approved such a referendum authorizing the City of Flowery Branch, Georgia to allow Sunday alcoholic beverage consumption on-premises sales as early as 11:00 a.m.; and

WHEREAS, the City of Flowery Branch, Georgia desires to amend its alcoholic beverages ordinance to allow for Sunday alcoholic beverage consumption on-premises sales beginning at 11:00 a.m.

NOW THEREFORE the Council of the City of Flowery Branch hereby ordains as follows:

Section 1. AMENDMENT TO CHAPTER 8 (ALCOHOLIC BEVERAGES), ARTICLE III (LICENSING AND REGULATION), DIVISION 1 (GENERALLY).

Section 8-134(b)(3) of Chapter 8, Article III, Division 1 of the Code of the City of Flowery Branch, Georgia, is deleted in its entirety and replaced with the following:

“On Sunday between the hours of 11:00 a.m. and 12:00 midnight so long as the establishment derives at least fifty percent (50%) of its total annual gross sales from the sale of prepared meals.”

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Section 2. REPEALER.

Section 8-134(b)(3) of Chapter 8, Article III, and Division 1 of the Code of the City of Flowery Branch as well as all other ordinances and parts of ordinances in conflict with this ordinance are hereby repealed.

Section 3. SEVERABILITY

In the event any portion of this ordinance shall be declared or adjudged invalid or unconstitutional, it is the intention of the city council of the City of Flowery Branch, Georgia, that such adjudication shall in no manner affect the other sections, sentences, clauses or phrases of this ordinance which shall remain in full force and effect, as if the invalid or unconstitutional section, sentence, clause of phrase were not original part of the ordinance.

Section 4. EFFECTIVE DATE

This ordinance shall be effective on February 3, 2019.

SO ORDAINED this _____ day of January, 2019.

____________________________________ James M. Miller, Mayor

ATTEST: ____________________________________ Melissa McCain, City Clerk Approved as to form: ____________________________________ E. Ronald Bennett, Jr., City Attorney

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EXECUTIVE SUMMARY

SUBJECT: Consider- 1st Reading of Ordinance 553 - Publishing of 2019 General Election Qualifying Fees


HISTORY:

FACTS AND ISSUES:FACTS & ISSUES:O.C.G.A. 21-2-131 (a)(1)(A) requires fixing and publishing of the qualifying fees prior to February 1 of an election year.Seats up for election and qualifying fee for each• Post #1 – $144.00• Post #2 – $144.00Qualifying is proposed to begin the 3rd Monday in August per O.C.G.A. §21-2-132(3)(A)Qualifying dates are proposed for Monday August 19, 2019 at 8:30 a.m. through Wednesday August 21, 2019 at 4:30p.m.

OPTIONS:Georgia Code requires the setting of fees prior to February 1, 2019




SAMPLE MOTION: I make a motion to approve the first reading off Ordinance 553 setting the qualifying fees for the November 2019general Election.



Prepared by: Melissa McCain 7

ATTACHMENTS 2019 Elections Summary.pdf 553 - 2019 Ordinance - Call for Election.pdf

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EXECUTIVE SUMMARY

SUBJECT: 2019 Fixing and Publishing of General Election – Ordinance 553 DATE: January 3, 2019 (X) RECOMMENDATION ( ) POLICY DISCUSSION BUDGET INFORMATION: ( ) STATUS REPORT ANNUAL- ( ) OTHER CAPITAL- COUNCIL ACTION REQUESTED ON: January 3, 2019

PURPOSE: First reading of Ordinance 553 – To provide for the 2019 municipal election for the City of Flowery Branch for the following posts – Post #1, Post #2– to set qualifying dates and to set the fee for said qualifying. HISTORY: In the past O.C.G.A. set qualifying dates for the 3rd Monday in August

FACTS & ISSUES: O.C.G.A. 21-2-131 (a)(1)(A) requires fixing and publishing of the qualifying fees prior to February 1 of an election year. Seats up for election and qualifying fee for each

• Post #1 – $144.00 • Post #2 – $144.00

Qualifying is proposed to begin the 3rd Monday in August per O.C.G.A. §21-2-132(3)(A) Qualifying dates are proposed for Monday August 19, 2019 at 8:30 a.m. through Wednesday August 21, 2019 at 4:30 p.m.

OPTIONS: Approval

RECOMMENDED SAMPLE MOTION: I make a motion to approve the first reading of Ordinance 553 as presented.

DEPARTMENT: Administration Prepared by: Melissa McCain

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First Reading: January 03, 2019 Second Reading: January 17, 2019 Passed: January 17, 2019

ORDINANCE NO. 553

AN ORDINANCE TO PROVIDE FOR THE GENERAL ELECTION FOR THE CITY OF FLOWERY BRANCH, GEORGIA FOR 2019; ESTABLISH AND SET THE DATE AND TIME OF THE GENERAL ELECTION FOR THE CITY OF FLOWERY BRANCH, GEORGIA FOR 2019 FOR COUNCIL MEMBER POST 1, AND POST 2; PROVIDE A QUALIFYING PERIOD FOR SAID POSITIONS; PROVIDE FOR THE QUALIFYING FEES FOR SAID POSITIONS; PROVIDE FOR A QUALIFYING PROCEDURE; APPOINT ELECTION OFFICIALS; PROVIDE FOR THE OPENING AND CLOSING OF REGISTRATION FOR SAID GENERAL ELECTION; REPEAL CONFLICTING ORDINANCES; PROVIDE FOR SEVERABILITY AND FOR ALL OTHER LAWFUL PURPOSES. WHEREAS, the City Council of the City of Flowery Branch, Georgia is authorized by Article IX, Section II, Paragraph II of the Constitution of the State of Georgia of 1983, and pursuant to O.C.G.A. Section 21-2-1 et seq., to enact ordinances for the holding of elections and special elections of public officials of the municipality; and WHEREAS, the terms for the positions of Council Member Post 1 and Post 2, shall expire on December 31, 2019; and WHEREAS, the City of Flowery Branch, Georgia desires to conduct a general election to fill these positions, openly and fairly for all duly qualified and registered electors of the City of Flowery Branch, Georgia; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF FLOWERY BRANCH HEREBY ORDAINS, Section 1. General Election. The City of Flowery Branch, Georgia will conduct a general election on Tuesday, November 5, 2019 from 7:00 a.m. to 7:00 p.m. with the place of said election being in the City Hall located at 5410 W. Pine Street, Flowery Branch, Georgia for the positions as indicated in Section 2 of this Ordinance. Section 2. Positions Open for Election and Terms Thereof. The general election to be held on the date established by Section 1 of this Ordinance is for filling the following positions:

a) The position of Council Member Post 1 which will be elected at large for a four-year term beginning on January 1, 2020 through December 31, 2023.

b) The position of Council Member Post 2 which will be elected at large for a four-year term beginning on January 1, 2020 through December 31, 2023.

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Section 3. Qualifying Period. The qualifying period for the election set by Section 1 of this Ordinance to qualify for the positions described in Section 2 of this Ordinance shall be open on Monday August 19, 2019 and will continue day-to-day through Wednesday August 21, 2019. The hours of qualifying each day shall be during the regular business hours of the City of Flowery Branch, Georgia except Monday August 19, 2019 qualifying will begin at 8:30 a.m. as per O.C.G.A. Section 21-2-132. The place of qualifying shall be the office of the City Clerk of the City of Flowery Branch, Georgia, being the office of the Election Superintendent, and being located at City Hall, 5410 W Pine Street, Flowery Branch, Georgia. Section 4. Qualifying Fee.

(a) The qualifying fee for each Council Member position, which are open for election as provided by Section 2 of the Ordinance, shall be $144.00. Such fee shall be paid to the Election Superintendent at the time a candidate files the candidate’s notice of candidacy.

(b) A pauper’s affidavit may be filed in lieu of paying the qualifying fee

otherwise required by Section 4(a) of this Ordinance. A candidate filing a pauper’s affidavit instead of paying a qualifying fee shall under oath affirm the candidate’s poverty and the candidate’s resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be as prescribed by the Georgia Secretary of State and shall include a financial statement which lists the total income, assets, liabilities and other relevant financial information of the candidate.

The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form as prepared by the Georgia Secretary of State, to wit: “WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.”

The Election Superintendent shall place on the ballot the name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. Section 5. Qualifying Affidavit and Financial Disclosure Statement. (a) Each candidate qualifying for the positions described in Section 2 of this Ordinance shall accompany the candidate’s notice with an affidavit

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stating: (1) The candidate’s residence, with street and number, if any,

and the candidate’s post office address; (2) The candidate’s profession, business or occupation, if any; (3) The name of post or office sought for election and precinct, if

applicable; (4) That the candidate is an elector of the municipality of the

candidate’s residence and is eligible to vote in the election in which the candidate is running for office;

(5) The name of the position that the candidate is seeking; (6) That the candidate is eligible to hold such position; (7) That the candidate has never been convicted and sentenced

in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office or a felony involving moral turpitude under the laws of this state or any other state or of the United States, of that the candidate’s civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and

(8) That the candidate will not knowingly violate any provisions

of the “Georgia Municipal Election Code” or any rules and regulations adopted under the “Georgia Municipal Election Code.”

(b) Each person qualifying as a candidate will file a financial disclosure statement prescribed by the laws of the State of Georgia in the form as prescribed therein, no later than the fifteenth (15th) day following the qualifying with the Election Superintendent of the City of Flowery Branch, Georgia. Section 6. Write-In Candidates. (a) In this general election, no person elected on a write-in vote shall be eligible to hold office unless notice of the person’s intention of candidacy was given twenty (20) or more days prior to the election by the person to be a write-in candidate or by some other person or group of persons qualified to vote

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in the election, to the Mayor or the Election Superintendent and by publication in the official newspaper of the City of Flowery Branch, Georgia, said publication currently being “The Times.” (b) In addition to the requirements contained in Section 6(a) of this Ordinance, the person or persons giving notice of intention of candidacy for a write-in candidate shall also file with the Mayor or the Election Superintendent, a copy of the notice as published with an affidavit stating that the notice has been published, with the name of the newspaper and the date of publication, not later than the fifth (5th) day after the deadline for filing and publishing of such notice. The affidavit may be made by the person giving notice or intention of candidacy or by the publisher of the newspaper in which the notice was published or by an employee of the newspaper designated by the publisher. Section 7. Election Appointments.

(a) The following persons are hereby appointed to act as election

officials for the November 5, 2019 General Election: Election Superintendent Melissa McCain Chief Registrar To be announced Absentee Ballot Clerks Martha Stephens, Vickie Short Poll Manager Melissa McCain Poll Worker To be announced Poll Worker To be announced

(b) The office of the City Clerk of the City of Flowery Branch, Georgia is hereby declared to be the office of the Election Superintendent for candidates qualifying for the offices open for election as provided by Section 3 of this Ordinance, and also as the office of the Absentee Ballot Clerk.

Section 8. Last Day for Voter Registration.

The last day that an elector/voter may register to vote in the 2019 General Election shall be Monday, October 07, 2019, by 5:00 p.m. at the Hall County Board of Elections and Registration located at 2875 Browns Bridge Road, Gainesville, Georgia, unless said date is a Georgia legal holiday, and then the last day for voter/elector registration shall be the next day by 5:00 p.m. Section 9. Repealer.

All Ordinances and parts of Ordinances in conflict herewith are hereby

repealed to the extent of conflict. Section 10. Severability. 13

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Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.

Dated this 17th day of January 2019.

___________________________________________ James M. Miller, Mayor

ATTEST: ________________________________ Melissa McCain, City Clerk APPROVED AS TO FORM: ________________________________ E. Ronald Bennett, Jr., City Attorney

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EXECUTIVE SUMMARY

SUBJECT: Consider 1st Reading of Ordinance 554 - Call for Special Election


HISTORY:On December 20, 2018 Council Seat Post 2 was vacated.

FACTS AND ISSUES:Per City of Flowery Branch Charter, Sec. 5.3. - Vacancies.In the event the office of mayor or of any one or more council members becomes vacant for any reason for cause, thecouncil or those remaining shall call a special election, and the person so elected shall serve for the unexpired term anduntil his successor is elected and qualified.

Election dates are set by State Code and although there is a special election in March, the City would not have enoughtime to provide for the proper publishing, qualifying, ballot prep and absentee voting to host the special election inMarch. The next special election is set for June 2019.

Staff will be meeting with Hall County Elections before the next council meeting and will be preparing an IGA forpresentation at the January 17th meeting. The agreement will reflect that the City Clerk will provide for the Call forSpecial Election, will host the qualifying and conducted the early/absentee voting at the Flowery Branch City Hall. OnElection Day at City Hall, Hall County will provide poll workers and managers as well as verify and certify the electionresults.

This has been the procedure for the past five years and it has worked out with no issues or problems to report.

OPTIONS:Approve the Ordinance and move forward with the election as per code.Consider presenting legislation to amend the Flowery Branch Charter allowing for appointments of council members tofinish unexpired terms of vacated seats.

IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: Yes


RECOMMENDATION:Approve Ordinance 554 calling for the special election to fill the vacancy for Post 2.

SAMPLE MOTION: 15

I make a motion to approve the first reading of Ordinance 554 calling for a June special election to fill the Post 1 councilmember position.




ATTACHMENTS 554 - 2019 Ordinance - Call for Special Election.pdf

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ORDINANCE NO. 554

AN ORDINANCE TO PROVIDE FOR A SPECIAL ELECTION FOR THE CITY OF FLOWERY BRANCH, GEORGIA FOR 2019; ESTABLISH AND SET THE DATE AND TIME OF THE SPECIAL ELECTION FOR THE CITY OF FLOWERY BRANCH, GEORGIA FOR 2019 FOR COUNCIL MEMBER POST 2; PROVIDE A QUALIFYING PERIOD FOR SAID POSITION; PROVIDE FOR THE QUALIFYING FEES FOR SAID POSITION; PROVIDE FOR A QUALIFYING PROCEDURE; APPOINT ELECTION OFFICIALS; PROVIDE FOR THE OPENING AND CLOSING OF REGISTRATION FOR SAID SPECIAL ELECTION; REPEAL CONFLICTING ORDINANCES; PROVIDE FOR SEVERABILITY; AND FOR ALL OTHER LAWFUL PURPOSES. WHEREAS, the City Council of the City of Flowery Branch, Georgia is authorized by Article IX, Section II, Paragraph II of the Constitution of the State of Georgia of 1983, and pursuant to O.C.G.A. Section 21-2-1 et seq., to enact ordinances for the holding of elections and special elections of public officials of the municipality; and WHEREAS, the Council Member for Post 2 has resigned; and WHEREAS. the City of Flowery Branch, Georgia desires to conduct a special election to fill this position, openly and fairly for all duly qualified and registered electors of the City of Flowery Branch, Georgia; NOW THEREFORE THE COUNCIL OF THE CITY OF FLOWERY BRANCH HEREBY ORDAINS S FOLLOWS, Section 1. Special Election. The City of Flowery Branch, Georgia calls and will conduct a special election on Tuesday, June 18, 2019 from 7:00 a.m. to 7:00 p.m. with the place of said election being in the City Hall located at 5410 W. Pine Street, Flowery Branch, Georgia for the position as indicated in Section 2 of this Ordinance. Section 2. Position Open for Election and Term Thereof.

The special election to be held on the date established by Section 1 of this Ordinance is for the purpose of filling the position of Council Member Post 2 which will be elected at large for the completion of the current term which will expire December 31, 2019.

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Section 3. Qualifying Period. The qualifying period for the election set by Section 1 of this Ordinance to qualify for the position described in Section 2 of this Ordinance shall be open on Monday April 15, 2019 and will continue day-to-day through Wednesday April 17, 2019. The hours of qualifying each day shall be during the regular business hours of the City of Flowery Branch, Georgia except Monday April 17, 2019 qualifying will begin at 8:30 a.m. as per O.C.G.A. Section 21-2-132. The place of qualifying shall be the office of the City Clerk of the City of Flowery Branch, Georgia, being the office of the Election Superintendent, and being located at City Hall, 5410 W Pine Street, Flowery Branch, Georgia. Section 4. Qualifying Fee.

(a) The qualifying fee for the Council Member Post 2 position, which is open for election as provided by Section 2 of the Ordinance, shall be $144.00. Such fee shall be paid to the Election Superintendent at the time a candidate files the candidate’s notice of candidacy.




The Election Superintendent shall place on the ballot the name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. 18

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Section 5. Qualifying Affidavit and Financial Disclosure Statement. (a) Each candidate qualifying for the position described in Section 2 of this Ordinance shall accompany the candidate’s notice with an affidavit stating:

(1) The candidate’s residence, with street and number, if any, and the candidate’s post office address;

(2) The candidate’s profession, business or occupation, if any; (3) The name of post or office sought for election and precinct, if







(b) Each person qualifying as a candidate will file a financial disclosure statement prescribed by the laws of the State of Georgia in the form as prescribed therein, no later than the fifteenth (15th) day following the qualifying with the Election Superintendent of the City of Flowery Branch, Georgia.

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Section 6. Write-In Candidates. (a) In this special election, no person elected on a write-in vote shall be eligible to hold office unless notice of the person’s intention of candidacy was given twenty (20) or more days prior to the election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the election, to the Mayor or the Election Superintendent and by publication in the official newspaper of the City of Flowery Branch, Georgia, said publication currently being “The Times.” (b) In addition to the requirements contained in Section 6(a) of this Ordinance, the person or persons giving notice of intention of candidacy for a write-in candidate shall also file with the Mayor or the Election Superintendent, a copy of the notice as published with an affidavit stating that the notice has been published, with the name of the newspaper and the date of publication, not later than the fifth (5th) day after the deadline for filing and publishing of such notice. The affidavit may be made by the person giving notice or intention of candidacy or by the publisher of the newspaper in which the notice was published or by an employee of the newspaper designated by the publisher. Section 7. Election Appointments.


officials for the June 18, 2019 Special Election: Election Superintendent Melissa McCain Chief Registrar To be announced Absentee Ballot Clerks Martha Stephens, Vickie Short Poll Manager Melissa McCain Poll Worker To be announced Poll Worker To be announced



The last day that an elector/voter may register to vote in the 2019 Special Election shall be Monday, May 20, 2019, by 5:00 p.m. at the Hall County Board of Elections and Registration located at 2875 Browns Bridge Road, Gainesville, Georgia, unless said date is a Georgia legal holiday, and then the last day for voter/elector registration shall be the next day by 5:00 p.m.

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Section 9. Repealer.


repealed to the extent of conflict. Section 10. Severability. Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.




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EXECUTIVE SUMMARY

SUBJECT: Consider Beer License for Restaurant La Casa Del Taco at 5533 Atlanta Highway, Flowery Branch


HISTORY:This is an application for a beer license by a new applicant for a new restaurant at a location that has no prior license.

FACTS AND ISSUES:The applicant, Mr. Oscar Munoz Jr. and his father Oscar Munoz have renovated the old Bailey building (5533 AtlantaHighway) in order to open a Mexican Restaurant. Mr. Munoz Jr. will be managing the restaurant and will be there fulltime.

The owners are anticipating wine and distilled spirits sales sometime in the future but they are only applying for a beerlicense at this time.

Once approve the applicant will have the workers apply for a pouring license through the police department and will alsohave the servers attend a Servsafe Certificate program.

The application is now in order to be considered.

OPTIONS:Approve or deny




SAMPLE MOTION: No motion needed - on the Consent Agenda


DEPARTMENT: Administration 22


ATTACHMENTS 122018 Restaraunta Del Taco Alcohol .pdf

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EXECUTIVE SUMMARY

SUBJECT: New Alcoholic Beverage License DATE: 12/20/2018 (X) RECOMMENDATION ( ) POLICY DISCUSSION BUDGET INFORMATION: ( ) STATUS REPORT ANNUAL- No expenditure – revenue only ( ) OTHER COMMISSION ACTION REQUESTED ON: January 3, 2019 PURPOSE: To allow a new Mexican restaurant located in the Bailey Building on Atlanta Highway to operate with a on premises consumption beer license. HISTORY: This is a new location with no history of alcohol sales.

FACTS AND ISSUES: The applicant, Mr. Oscar Munoz Jr. and his father Oscar Munoz have renovated the old Bailey building in order to open a Mexican Restaurant. Mr. Munoz Jr. will be managing the restaurant and will be there full time. The owners are anticipating wine and distilled spirits sales sometime in the future, but they are only applying for a beer license at this time. Once approved, the applicant will have the workers apply for a pouring license through the police department and will also have the servers attend a Servsafe Certificate program. The application is now in order to be considered.

OPTIONS: Approve or deny RECOMMENDED SAMPLE MOTION: On the consent agenda – no motion required


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EXECUTIVE SUMMARY

SUBJECT: Consider Beer License for Restaurant La Casa Del Taco at 5533 Atlanta Highway, Flowery Branch


HISTORY:This is an application for a beer license by a new applicant for a new restaurant at a location that has no prior license.

FACTS AND ISSUES:The applicant, Mr. Oscar Munoz Jr. and his father Oscar Munoz have renovated the old Bailey building (5533 AtlantaHighway) in order to open a Mexican Restaurant. Mr. Munoz Jr. will be managing the restaurant and will be there fulltime.

The owners are anticipating wine and distilled spirits sales sometime in the future but they are only applying for a beerlicense at this time.

Once approve the applicant will have the workers apply for a pouring license through the police department and will alsohave the servers attend a Servsafe Certificate program.

The application is now in order to be considered.

OPTIONS:Approve or deny




SAMPLE MOTION: No motion needed - on the Consent Agenda


DEPARTMENT: Administration 25


ATTACHMENTS 122018 Restaraunta Del Taco Alcohol .pdf

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EXECUTIVE SUMMARY

SUBJECT: New Alcoholic Beverage License DATE: 12/20/2018 (X) RECOMMENDATION ( ) POLICY DISCUSSION BUDGET INFORMATION: ( ) STATUS REPORT ANNUAL- No expenditure – revenue only ( ) OTHER COMMISSION ACTION REQUESTED ON: January 3, 2019 PURPOSE: To allow a new Mexican restaurant located in the Bailey Building on Atlanta Highway to operate with a on premises consumption beer license. HISTORY: This is a new location with no history of alcohol sales.

FACTS AND ISSUES: The applicant, Mr. Oscar Munoz Jr. and his father Oscar Munoz have renovated the old Bailey building in order to open a Mexican Restaurant. Mr. Munoz Jr. will be managing the restaurant and will be there full time. The owners are anticipating wine and distilled spirits sales sometime in the future, but they are only applying for a beer license at this time. Once approved, the applicant will have the workers apply for a pouring license through the police department and will also have the servers attend a Servsafe Certificate program. The application is now in order to be considered.

OPTIONS: Approve or deny RECOMMENDED SAMPLE MOTION: On the consent agenda – no motion required


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EXECUTIVE SUMMARY

SUBJECT: Consider 1st Reading of Ordinance 504(a) - Amending Alcoholic Beverage Serving Times on Sundays.


HISTORY:On May 8, 2018 Governor Deal signed SB17 also known as the "Brunch Bill", providing that governing authorities ofmunicipalities in which the sale of alcoholic beverages for consumption on the premises is lawful may authorize sales ofsuch alcoholic beverages during starting at 11:00 am on Sunday as opposed to the current 12:30 pm.

At the July 5, 2018 Council Meeting Resolution 18-015 - "Call for Special Election for Brunch Bill Question" wasapproved by the council approving the following question to be on the November 6, 2018 Flowery Branch SpecialElection Ballot:

“Shall the governing authority of Flowery Branch be authorized to permit and regulate Sunday sales of distilled spirits oralcoholic beverages for beverage purposes by the drink from 11:00 am to 12:30 pm?”

The Election Results were as follows:3,032 Total Votes2,165 votes or 71.41 % were for authorizing the City to decide on the times of Sunday Sales 867 votes or 28.59 % were against authorizing the City to decide on the times for Sunday Sales

FACTS AND ISSUES:The council approved resolution 18-015 - and on November 6th the voters of Flowery Branch approved the ability ofthe Flowery Branch City Council to change the hours of alcoholic beverage services on Sundays between the hours of11:00 a.m. and 12:00 midnight so long as the establishment derives at least fifty percent (50%) of its total annual grosssales from the sale of prepared meals.

The current Ordinance being considered is to approve the amending of the Sunday service times with an effective date ofFebruary 3, 2019 to coincide with Hall County and the other cities within Hall County for a unified effective date.

OPTIONS:Approve and move forward with a February 3, 2019 effective date.Approve and set a different effective date.Deny the amendment and leave service hours of 12:30 pm on Sundays.


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SAMPLE MOTION: I make a motion to approve Ordinance 504(a) amending the Sunday service times for alcoholic beverages.




ATTACHMENTS 504A.pdf

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First Reading: January 3, 2019 Second Reading: January 17, 2019

ORDINANCE 504(a)

AN ORDINANCE AMENDING CHAPTER 8 (ALCOHOLIC BEVERAGES), ARTICLE III (REGULATION), DIVISION 1 (GENERALY), SECTION 8-134 (HOURS AND DAYS OF SALE) OF THE CODE OF THE CITY OF FLOWERY BRANCH, GEORGIA, TO PROVIDE FOR HOURS AND DAYS OF SAY OF ALCOHOLIC BEVERAGES BY THE DRINK ON SUNDAYS; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO ESTABLISH AN EFFECTIVE DATE; AND FOR ALL OTHER LAWFUL PURPOSES.

WHEREAS, the City of Flowery Branch, Georgia is authorized by O.C.G.A. § 36-31-7 and by Section 1.4 of its Charter to license and regulate alcoholic beverages within its corporate limits; and

WHEREAS, the City of Flowery Branch, Georgia has previously adopted an alcoholic beverages ordinance regulating the hours and days of consumption; and

WHEREAS, Senate Bill 17 was approved and signed by the Governor May 8, 2018 allowing for a referendum to consider allowing the hours of Sunday alcoholic beverage consumption on-premises sales to begin as early as 11:00 a.m.; and

WHEREAS, on November 6, 2018, 71.41% of voters in the City of Flowery Branch, Georgia approved such a referendum authorizing the City of Flowery Branch, Georgia to allow Sunday alcoholic beverage consumption on-premises sales as early as 11:00 a.m.; and

WHEREAS, the City of Flowery Branch, Georgia desires to amend its alcoholic beverages ordinance to allow for Sunday alcoholic beverage consumption on-premises sales beginning at 11:00 a.m.

NOW THEREFORE the Council of the City of Flowery Branch hereby ordains as follows:

Section 1. AMENDMENT TO CHAPTER 8 (ALCOHOLIC BEVERAGES), ARTICLE III (LICENSING AND REGULATION), DIVISION 1 (GENERALLY).

Section 8-134(b)(3) of Chapter 8, Article III, Division 1 of the Code of the City of Flowery Branch, Georgia, is deleted in its entirety and replaced with the following:

“On Sunday between the hours of 11:00 a.m. and 12:00 midnight so long as the establishment derives at least fifty percent (50%) of its total annual gross sales from the sale of prepared meals.”

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Section 2. REPEALER.

Section 8-134(b)(3) of Chapter 8, Article III, and Division 1 of the Code of the City of Flowery Branch as well as all other ordinances and parts of ordinances in conflict with this ordinance are hereby repealed.

Section 3. SEVERABILITY

In the event any portion of this ordinance shall be declared or adjudged invalid or unconstitutional, it is the intention of the city council of the City of Flowery Branch, Georgia, that such adjudication shall in no manner affect the other sections, sentences, clauses or phrases of this ordinance which shall remain in full force and effect, as if the invalid or unconstitutional section, sentence, clause of phrase were not original part of the ordinance.

Section 4. EFFECTIVE DATE

This ordinance shall be effective on February 3, 2019.

SO ORDAINED this _____ day of January, 2019.

____________________________________ James M. Miller, Mayor

ATTEST: ____________________________________ Melissa McCain, City Clerk Approved as to form: ____________________________________ E. Ronald Bennett, Jr., City Attorney

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EXECUTIVE SUMMARY

SUBJECT: Consider- 1st Reading of Ordinance 553 - Publishing of 2019 General Election Qualifying Fees


HISTORY:

FACTS AND ISSUES:FACTS & ISSUES:O.C.G.A. 21-2-131 (a)(1)(A) requires fixing and publishing of the qualifying fees prior to February 1 of an election year.Seats up for election and qualifying fee for each• Post #1 – $144.00• Post #2 – $144.00Qualifying is proposed to begin the 3rd Monday in August per O.C.G.A. §21-2-132(3)(A)Qualifying dates are proposed for Monday August 19, 2019 at 8:30 a.m. through Wednesday August 21, 2019 at 4:30p.m.

OPTIONS:Georgia Code requires the setting of fees prior to February 1, 2019




SAMPLE MOTION: I make a motion to approve the first reading off Ordinance 553 setting the qualifying fees for the November 2019general Election.



Prepared by: Melissa McCain 32

ATTACHMENTS 2019 Elections Summary.pdf 553 - 2019 Ordinance - Call for Election.pdf

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EXECUTIVE SUMMARY

SUBJECT: 2019 Fixing and Publishing of General Election – Ordinance 553 DATE: January 3, 2019 (X) RECOMMENDATION ( ) POLICY DISCUSSION BUDGET INFORMATION: ( ) STATUS REPORT ANNUAL- ( ) OTHER CAPITAL- COUNCIL ACTION REQUESTED ON: January 3, 2019

PURPOSE: First reading of Ordinance 553 – To provide for the 2019 municipal election for the City of Flowery Branch for the following posts – Post #1, Post #2– to set qualifying dates and to set the fee for said qualifying. HISTORY: In the past O.C.G.A. set qualifying dates for the 3rd Monday in August

FACTS & ISSUES: O.C.G.A. 21-2-131 (a)(1)(A) requires fixing and publishing of the qualifying fees prior to February 1 of an election year. Seats up for election and qualifying fee for each

• Post #1 – $144.00 • Post #2 – $144.00

Qualifying is proposed to begin the 3rd Monday in August per O.C.G.A. §21-2-132(3)(A) Qualifying dates are proposed for Monday August 19, 2019 at 8:30 a.m. through Wednesday August 21, 2019 at 4:30 p.m.

OPTIONS: Approval

RECOMMENDED SAMPLE MOTION: I make a motion to approve the first reading of Ordinance 553 as presented.


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ORDINANCE NO. 553

AN ORDINANCE TO PROVIDE FOR THE GENERAL ELECTION FOR THE CITY OF FLOWERY BRANCH, GEORGIA FOR 2019; ESTABLISH AND SET THE DATE AND TIME OF THE GENERAL ELECTION FOR THE CITY OF FLOWERY BRANCH, GEORGIA FOR 2019 FOR COUNCIL MEMBER POST 1, AND POST 2; PROVIDE A QUALIFYING PERIOD FOR SAID POSITIONS; PROVIDE FOR THE QUALIFYING FEES FOR SAID POSITIONS; PROVIDE FOR A QUALIFYING PROCEDURE; APPOINT ELECTION OFFICIALS; PROVIDE FOR THE OPENING AND CLOSING OF REGISTRATION FOR SAID GENERAL ELECTION; REPEAL CONFLICTING ORDINANCES; PROVIDE FOR SEVERABILITY AND FOR ALL OTHER LAWFUL PURPOSES. WHEREAS, the City Council of the City of Flowery Branch, Georgia is authorized by Article IX, Section II, Paragraph II of the Constitution of the State of Georgia of 1983, and pursuant to O.C.G.A. Section 21-2-1 et seq., to enact ordinances for the holding of elections and special elections of public officials of the municipality; and WHEREAS, the terms for the positions of Council Member Post 1 and Post 2, shall expire on December 31, 2019; and WHEREAS, the City of Flowery Branch, Georgia desires to conduct a general election to fill these positions, openly and fairly for all duly qualified and registered electors of the City of Flowery Branch, Georgia; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF FLOWERY BRANCH HEREBY ORDAINS, Section 1. General Election. The City of Flowery Branch, Georgia will conduct a general election on Tuesday, November 5, 2019 from 7:00 a.m. to 7:00 p.m. with the place of said election being in the City Hall located at 5410 W. Pine Street, Flowery Branch, Georgia for the positions as indicated in Section 2 of this Ordinance. Section 2. Positions Open for Election and Terms Thereof. The general election to be held on the date established by Section 1 of this Ordinance is for filling the following positions:

a) The position of Council Member Post 1 which will be elected at large for a four-year term beginning on January 1, 2020 through December 31, 2023.

b) The position of Council Member Post 2 which will be elected at large for a four-year term beginning on January 1, 2020 through December 31, 2023.

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Section 3. Qualifying Period. The qualifying period for the election set by Section 1 of this Ordinance to qualify for the positions described in Section 2 of this Ordinance shall be open on Monday August 19, 2019 and will continue day-to-day through Wednesday August 21, 2019. The hours of qualifying each day shall be during the regular business hours of the City of Flowery Branch, Georgia except Monday August 19, 2019 qualifying will begin at 8:30 a.m. as per O.C.G.A. Section 21-2-132. The place of qualifying shall be the office of the City Clerk of the City of Flowery Branch, Georgia, being the office of the Election Superintendent, and being located at City Hall, 5410 W Pine Street, Flowery Branch, Georgia. Section 4. Qualifying Fee.

(a) The qualifying fee for each Council Member position, which are open for election as provided by Section 2 of the Ordinance, shall be $144.00. Such fee shall be paid to the Election Superintendent at the time a candidate files the candidate’s notice of candidacy.




The Election Superintendent shall place on the ballot the name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. Section 5. Qualifying Affidavit and Financial Disclosure Statement. (a) Each candidate qualifying for the positions described in Section 2 of this Ordinance shall accompany the candidate’s notice with an affidavit

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stating: (1) The candidate’s residence, with street and number, if any,

and the candidate’s post office address; (2) The candidate’s profession, business or occupation, if any; (3) The name of post or office sought for election and precinct, if







(b) Each person qualifying as a candidate will file a financial disclosure statement prescribed by the laws of the State of Georgia in the form as prescribed therein, no later than the fifteenth (15th) day following the qualifying with the Election Superintendent of the City of Flowery Branch, Georgia. Section 6. Write-In Candidates. (a) In this general election, no person elected on a write-in vote shall be eligible to hold office unless notice of the person’s intention of candidacy was given twenty (20) or more days prior to the election by the person to be a write-in candidate or by some other person or group of persons qualified to vote

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in the election, to the Mayor or the Election Superintendent and by publication in the official newspaper of the City of Flowery Branch, Georgia, said publication currently being “The Times.” (b) In addition to the requirements contained in Section 6(a) of this Ordinance, the person or persons giving notice of intention of candidacy for a write-in candidate shall also file with the Mayor or the Election Superintendent, a copy of the notice as published with an affidavit stating that the notice has been published, with the name of the newspaper and the date of publication, not later than the fifth (5th) day after the deadline for filing and publishing of such notice. The affidavit may be made by the person giving notice or intention of candidacy or by the publisher of the newspaper in which the notice was published or by an employee of the newspaper designated by the publisher. Section 7. Election Appointments.


officials for the November 5, 2019 General Election: Election Superintendent Melissa McCain Chief Registrar To be announced Absentee Ballot Clerks Martha Stephens, Vickie Short Poll Manager Melissa McCain Poll Worker To be announced Poll Worker To be announced



The last day that an elector/voter may register to vote in the 2019 General Election shall be Monday, October 07, 2019, by 5:00 p.m. at the Hall County Board of Elections and Registration located at 2875 Browns Bridge Road, Gainesville, Georgia, unless said date is a Georgia legal holiday, and then the last day for voter/elector registration shall be the next day by 5:00 p.m. Section 9. Repealer.


repealed to the extent of conflict. Section 10. Severability. 38

5

Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.




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EXECUTIVE SUMMARY

SUBJECT: Consider 1st Reading of Ordinance 554 - Call for Special Election


HISTORY:On December 20, 2018 Council Seat Post 2 was vacated.

FACTS AND ISSUES:Per City of Flowery Branch Charter, Sec. 5.3. - Vacancies.In the event the office of mayor or of any one or more council members becomes vacant for any reason for cause, thecouncil or those remaining shall call a special election, and the person so elected shall serve for the unexpired term anduntil his successor is elected and qualified.

Election dates are set by State Code and although there is a special election in March, the City would not have enoughtime to provide for the proper publishing, qualifying, ballot prep and absentee voting to host the special election inMarch. The next special election is set for June 2019.

Staff will be meeting with Hall County Elections before the next council meeting and will be preparing an IGA forpresentation at the January 17th meeting. The agreement will reflect that the City Clerk will provide for the Call forSpecial Election, will host the qualifying and conducted the early/absentee voting at the Flowery Branch City Hall. OnElection Day at City Hall, Hall County will provide poll workers and managers as well as verify and certify the electionresults.

This has been the procedure for the past five years and it has worked out with no issues or problems to report.

OPTIONS:Approve the Ordinance and move forward with the election as per code.Consider presenting legislation to amend the Flowery Branch Charter allowing for appointments of council members tofinish unexpired terms of vacated seats.

IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: Yes


RECOMMENDATION:Approve Ordinance 554 calling for the special election to fill the vacancy for Post 2.

SAMPLE MOTION: 40

I make a motion to approve the first reading of Ordinance 554 calling for a June special election to fill the Post 1 councilmember position.




ATTACHMENTS 554 - 2019 Ordinance - Call for Special Election.pdf

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ORDINANCE NO. 554

AN ORDINANCE TO PROVIDE FOR A SPECIAL ELECTION FOR THE CITY OF FLOWERY BRANCH, GEORGIA FOR 2019; ESTABLISH AND SET THE DATE AND TIME OF THE SPECIAL ELECTION FOR THE CITY OF FLOWERY BRANCH, GEORGIA FOR 2019 FOR COUNCIL MEMBER POST 2; PROVIDE A QUALIFYING PERIOD FOR SAID POSITION; PROVIDE FOR THE QUALIFYING FEES FOR SAID POSITION; PROVIDE FOR A QUALIFYING PROCEDURE; APPOINT ELECTION OFFICIALS; PROVIDE FOR THE OPENING AND CLOSING OF REGISTRATION FOR SAID SPECIAL ELECTION; REPEAL CONFLICTING ORDINANCES; PROVIDE FOR SEVERABILITY; AND FOR ALL OTHER LAWFUL PURPOSES. WHEREAS, the City Council of the City of Flowery Branch, Georgia is authorized by Article IX, Section II, Paragraph II of the Constitution of the State of Georgia of 1983, and pursuant to O.C.G.A. Section 21-2-1 et seq., to enact ordinances for the holding of elections and special elections of public officials of the municipality; and WHEREAS, the Council Member for Post 2 has resigned; and WHEREAS. the City of Flowery Branch, Georgia desires to conduct a special election to fill this position, openly and fairly for all duly qualified and registered electors of the City of Flowery Branch, Georgia; NOW THEREFORE THE COUNCIL OF THE CITY OF FLOWERY BRANCH HEREBY ORDAINS S FOLLOWS, Section 1. Special Election. The City of Flowery Branch, Georgia calls and will conduct a special election on Tuesday, June 18, 2019 from 7:00 a.m. to 7:00 p.m. with the place of said election being in the City Hall located at 5410 W. Pine Street, Flowery Branch, Georgia for the position as indicated in Section 2 of this Ordinance. Section 2. Position Open for Election and Term Thereof.

The special election to be held on the date established by Section 1 of this Ordinance is for the purpose of filling the position of Council Member Post 2 which will be elected at large for the completion of the current term which will expire December 31, 2019.

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Section 3. Qualifying Period. The qualifying period for the election set by Section 1 of this Ordinance to qualify for the position described in Section 2 of this Ordinance shall be open on Monday April 15, 2019 and will continue day-to-day through Wednesday April 17, 2019. The hours of qualifying each day shall be during the regular business hours of the City of Flowery Branch, Georgia except Monday April 17, 2019 qualifying will begin at 8:30 a.m. as per O.C.G.A. Section 21-2-132. The place of qualifying shall be the office of the City Clerk of the City of Flowery Branch, Georgia, being the office of the Election Superintendent, and being located at City Hall, 5410 W Pine Street, Flowery Branch, Georgia. Section 4. Qualifying Fee.

(a) The qualifying fee for the Council Member Post 2 position, which is open for election as provided by Section 2 of the Ordinance, shall be $144.00. Such fee shall be paid to the Election Superintendent at the time a candidate files the candidate’s notice of candidacy.




The Election Superintendent shall place on the ballot the name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. 43

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Section 5. Qualifying Affidavit and Financial Disclosure Statement. (a) Each candidate qualifying for the position described in Section 2 of this Ordinance shall accompany the candidate’s notice with an affidavit stating:

(1) The candidate’s residence, with street and number, if any, and the candidate’s post office address;

(2) The candidate’s profession, business or occupation, if any; (3) The name of post or office sought for election and precinct, if







(b) Each person qualifying as a candidate will file a financial disclosure statement prescribed by the laws of the State of Georgia in the form as prescribed therein, no later than the fifteenth (15th) day following the qualifying with the Election Superintendent of the City of Flowery Branch, Georgia.

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Section 6. Write-In Candidates. (a) In this special election, no person elected on a write-in vote shall be eligible to hold office unless notice of the person’s intention of candidacy was given twenty (20) or more days prior to the election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the election, to the Mayor or the Election Superintendent and by publication in the official newspaper of the City of Flowery Branch, Georgia, said publication currently being “The Times.” (b) In addition to the requirements contained in Section 6(a) of this Ordinance, the person or persons giving notice of intention of candidacy for a write-in candidate shall also file with the Mayor or the Election Superintendent, a copy of the notice as published with an affidavit stating that the notice has been published, with the name of the newspaper and the date of publication, not later than the fifth (5th) day after the deadline for filing and publishing of such notice. The affidavit may be made by the person giving notice or intention of candidacy or by the publisher of the newspaper in which the notice was published or by an employee of the newspaper designated by the publisher. Section 7. Election Appointments.


officials for the June 18, 2019 Special Election: Election Superintendent Melissa McCain Chief Registrar To be announced Absentee Ballot Clerks Martha Stephens, Vickie Short Poll Manager Melissa McCain Poll Worker To be announced Poll Worker To be announced



The last day that an elector/voter may register to vote in the 2019 Special Election shall be Monday, May 20, 2019, by 5:00 p.m. at the Hall County Board of Elections and Registration located at 2875 Browns Bridge Road, Gainesville, Georgia, unless said date is a Georgia legal holiday, and then the last day for voter/elector registration shall be the next day by 5:00 p.m.

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Section 9. Repealer.


repealed to the extent of conflict. Section 10. Severability. Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.




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City of Flowery Branch City Council Meeting Thursday ... · ordinances for the holding of elections...

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