The City of Baldwin has appealed to the Georgia Supreme Court a ruling by the Court of Appeals that it must pay $203,000 to an engineering firm for work it did on the city’s wastewater treatment plant. The city argues there was never a valid contract for the work.
In 2008, federal stimulus funds became available for construction projects through the Georgia Environmental Financing Authority. The city of Baldwin had an old wastewater treatment plant in need of repairs, so it approached Woodard & Curran, Inc., an engineering and design firm, to help it apply for the funds. In May 2009, the city and firm entered into a contract stating that for $5,000, Woodard and Curran would provide supporting engineering documents for the city’s funding application for the stimulus funds.
The May agreement also stated that “under separate covers we will be preparing a scope, budget and schedule for the actual design work” and a grant application to fund the development of a master plan for the wastewater system. In June 2009, the firm submitted a proposal which contained a schedule of the work and a scope of services for a total fee not to exceed $210,000. Then-Mayor Michael Kelley signed the June proposal, authorizing the firm to proceed with the work necessary to continue the application process, which included hiring surveyors, hiring geo-technical core drillers, getting bids for the work, and completing the design plans. The city paid Woodard & Curran the $5,000 as it had contracted to do. But when the engineering firm submitted an invoice to the city for $203,870.44, after completing a substantial amount of the work, the city denied payment, claiming the June proposal was “ultra vires” – or unauthorized – and therefore not binding because it had not been approved by a quorum of the city council, as the city charter required. The city also claimed that the June 2009 proposal was to secure the stimulus funds and the firm failed to get them.
Woodard & Curran then sued the city in Habersham County Superior Court, seeking $210,000 for breach of contract or, in the alternative, $203,870.44 as the value of the services it had already provided. At trial, a tape was played for the jury of a city council meeting in September 2009 where representatives of Woodard & Curran told the city officials about the work they had completed and the work that still needed to be done before filing the application for funds. The jury returned a verdict in favor of Woodard & Curran for $203,000. On appeal, the Court of Appeals upheld the verdict.
Baldwin ends FY2012 in the black
The City of Baldwin finished FY2012 in the black in its General Fund and has seemingly recovered from its financial crash in 2008-2009.
Beth Grimes, Bates, Carter & Co. LLP, Gainesville, said, “I know I’ve been sitting on the edge of my seat waiting to present this.”
“I can tell you one thing; I thought when I started this audit this year that ya’ll had robbed the bank, when I looked at your cash account compared to what I’m accustomed to seeing,” Grimes said.
Baldwin took in $1.7 million in FY2012 and spent $1.56 million. The town’s General Fund cash balance has climbed back to $350,000, which is within the range of recommended reserves for a town its size. One reason the reserves have climbed back to that level is due to the fact the city’s water department forgave a debt of loaning money to the General Fund back during more difficult times. That debt of $160,000 was technically forgiven in the FY2012 audit.
Most of the town’s income came from taxes and service charges. The bulk of its spending went to public safety, public works and general government spending.
In the town’s utility fund, the city had a net loss of $167,800. However, on a cash basis that excludes depreciation, the city had a positive cash flow.
Grimes said, “If any of you are familiar with Duck Dynasty (TV show); I am happy, happy, happy with this audit.”
Grimes encouraged the mayor and council, due to a lot of turnover among its staff, to ensure that areas of concern are addressed and understood by all employees to prevent errors in the future.
“We don’t want to let anything fall through the cracks, which happened a couple of years ago with water and sewer billing,” Grimes said.
Beth Grimes, Bates, Carter & Co. LLP, Gainesville, said, “I know I’ve been sitting on the edge of my seat waiting to present this.”
“I can tell you one thing; I thought when I started this audit this year that ya’ll had robbed the bank, when I looked at your cash account compared to what I’m accustomed to seeing,” Grimes said.
Baldwin took in $1.7 million in FY2012 and spent $1.56 million. The town’s General Fund cash balance has climbed back to $350,000, which is within the range of recommended reserves for a town its size. One reason the reserves have climbed back to that level is due to the fact the city’s water department forgave a debt of loaning money to the General Fund back during more difficult times. That debt of $160,000 was technically forgiven in the FY2012 audit.
Most of the town’s income came from taxes and service charges. The bulk of its spending went to public safety, public works and general government spending.
In the town’s utility fund, the city had a net loss of $167,800. However, on a cash basis that excludes depreciation, the city had a positive cash flow.
Grimes said, “If any of you are familiar with Duck Dynasty (TV show); I am happy, happy, happy with this audit.”
Grimes encouraged the mayor and council, due to a lot of turnover among its staff, to ensure that areas of concern are addressed and understood by all employees to prevent errors in the future.
“We don’t want to let anything fall through the cracks, which happened a couple of years ago with water and sewer billing,” Grimes said.
Baldwin hears request for one-time auction event
The Baldwin City Council heard a request last week for a one-day business license for an auction to be held in a building in the industrial park.
Kurt Kilgore, Rockabilly Auctions, Commerce, asked the council to issue him a business license or permit to hold a one-day auction on Jan. 12 in the industrial park building owned by Doug Michael and located at 230 Industrial Park Boulevard.
City attorney David Syfan explained that a business license would be needed.
“Arguably, they are operating a business within the city,” Syfan said. “He’s in the business of selling items … not his items.” [Full Story »]
Kurt Kilgore, Rockabilly Auctions, Commerce, asked the council to issue him a business license or permit to hold a one-day auction on Jan. 12 in the industrial park building owned by Doug Michael and located at 230 Industrial Park Boulevard.
City attorney David Syfan explained that a business license would be needed.
“Arguably, they are operating a business within the city,” Syfan said. “He’s in the business of selling items … not his items.” [Full Story »]
Baldwin election is not on Sunday sales; alcohol by drink on ballot
A headline in last week’s issue stated that Baldwin voters would be deciding on Sunday sales. This is incorrect. The headline was wrong, however, the information in the story, which is below is correct.
The City of Baldwin will conduct a special election referendum on Tuesday, Nov. 6, from 7 a.m. to 7 p.m. to ask voters whether liquor by the drink shall be allowed in the city. The election will be held in City Hall, 130 Airport Road, Baldwin.
Absentee ballots, including advance voting is available to qualified municipal electors, now through Nov. 2 with ballots available at Habersham County Elections and Registration, located at the Habersham County Courthouse, Third Floor, 555 Monroe Street, Clarkesville.
“We apologize for the incorrect headline,” editor Angela Gary stated. “This should have been caught.”
The City of Baldwin will conduct a special election referendum on Tuesday, Nov. 6, from 7 a.m. to 7 p.m. to ask voters whether liquor by the drink shall be allowed in the city. The election will be held in City Hall, 130 Airport Road, Baldwin.
Absentee ballots, including advance voting is available to qualified municipal electors, now through Nov. 2 with ballots available at Habersham County Elections and Registration, located at the Habersham County Courthouse, Third Floor, 555 Monroe Street, Clarkesville.
“We apologize for the incorrect headline,” editor Angela Gary stated. “This should have been caught.”
Osborn resigns as Baldwin police chief
Baldwin Police Chief Daren Osborn announced on Monday that he is resigning his position effective July 29.
Baldwin council member Jeff Parrish said in an email on Monday morning that Osborn asked him to notify the media on his behalf that he was resigning in order to devote his full attention to running for Towns County Sheriff.
Parrish said, “On a personal note, I would like to add that the City of Baldwin appreciates the job Chief Osborn did while in the service of oue city. Chief Osborn made many accomplishments and will be missed. I wish him well in his endeavor to become the sheriff of Towns County.”
Baldwin council member Jeff Parrish said in an email on Monday morning that Osborn asked him to notify the media on his behalf that he was resigning in order to devote his full attention to running for Towns County Sheriff.
Parrish said, “On a personal note, I would like to add that the City of Baldwin appreciates the job Chief Osborn did while in the service of oue city. Chief Osborn made many accomplishments and will be missed. I wish him well in his endeavor to become the sheriff of Towns County.”
Degges ousted as Baldwin city administrator
Karen Degges was ousted as the city administrator of the City of Baldwin on Friday.
This action came after a failed attempt to obtain four council votes in favor of including money in the 2012-13 budgets for the city administrator’s payroll and benefits and the re-appointment of Degges as city administrator.
Approximately 20 people turned out for the called meeting on Friday evening.
At the council meeting on June 25, the budget was approved with funding for Degges position included and Degges was re-appointed as city administrator. However, Mayor Pro Tem Jeff Parrish issued a letter of veto on both of the motions approved by the council.
On Friday, council members Joe Elem, Dustin Mealor and Robert Bohannon voted to override the vetoes, Parrish opposed and council member Theron Ayers was absent from the meeting. Four votes are required in order for a veto to be overthrown.
Before the vote was taken on Friday, the council met in closed session for approximately one hour to discuss personnel.
When asked who would handle the duties assigned to Degges, Mayor Jerry Neace said, “The duties will shift to me until the council decides what they want for the City of Baldwin.”
Neace added Degges being let go had nothing to do with her job performance.
City attorney David Syfan said a vote to override the vete could theoretically be brought up again in the 35-day period from the initial date of the veto.
This action came after a failed attempt to obtain four council votes in favor of including money in the 2012-13 budgets for the city administrator’s payroll and benefits and the re-appointment of Degges as city administrator.
Approximately 20 people turned out for the called meeting on Friday evening.
At the council meeting on June 25, the budget was approved with funding for Degges position included and Degges was re-appointed as city administrator. However, Mayor Pro Tem Jeff Parrish issued a letter of veto on both of the motions approved by the council.
On Friday, council members Joe Elem, Dustin Mealor and Robert Bohannon voted to override the vetoes, Parrish opposed and council member Theron Ayers was absent from the meeting. Four votes are required in order for a veto to be overthrown.
Before the vote was taken on Friday, the council met in closed session for approximately one hour to discuss personnel.
When asked who would handle the duties assigned to Degges, Mayor Jerry Neace said, “The duties will shift to me until the council decides what they want for the City of Baldwin.”
Neace added Degges being let go had nothing to do with her job performance.
City attorney David Syfan said a vote to override the vete could theoretically be brought up again in the 35-day period from the initial date of the veto.
Parrish vetoes council action: Budget for city administrator’s position cut
Funding for the Baldwin city administrator’s position was cut Monday night following veto action by Mayor Pro Tem Jeff Parrish.
Following an approximately one-hour-and-45-minute closed session to discuss personnel and potential litigation, Parrish issued two letters of veto for action that was taken earlier in the council meeting on Monday.
Parrish was acting in the mayor’s position due to the absence of Mayor Jerry Neace, who was out of town attending the Georgia Municipal Association (GMA) conference.
Parrish vetoed action to fund the city administrator position, as well as vetoeing action taken by the council to reappoint Karen Degges to the position.
“It is obvious that city administrator (position) is not working,” Parrish said.
Parrish issued a letter of veto for appropriations in fiscal year 2013-2013 earmarked for the position of city administrator payroll and benefits.
The council had earlier approved the FY 2012-13 budgets for the general fund and enterprise fund. The general fund budget totaling $1.5 million and the enterprise fund budget totaling $3.1 million were unanimously approved. Finance director Audra Payne advised the council that the two percent raise for city employees had been removed from the budgets, per instructions from the mayor. Revenue was adjusted up due to the prison issue and a capital component was added. Parrish did not vote on the budgets since he was acting as mayor.
The reason Parrish gave for the veto was: “for the harmony of efficient and effective operations of the City of Baldwin it is best to return all daily supervision of the city to the responsibility of the mayor.”
Earlier in Monday’s meeting the council approved the following department head re-appointments: Degges, city administrator; Mirinda Dispain, city clerk; Payne, finance/human resources director; Joe Roy, fire chief; Parrish, mayor pro tem; Virginia Williams, municipal court interpreter; Daren Osborn, police chief; Chad Conard, public works director/waste water treatment plant superintendent; and David Chester, water plant manager.
Parrish’s reason for the veto to not reappoint Degges was: “the previous elimination of appropriations for the position of city administrator in the fiscal budget 2012-2013 eliminates the need to appoint a person to the position of city administrator.”
Following an approximately one-hour-and-45-minute closed session to discuss personnel and potential litigation, Parrish issued two letters of veto for action that was taken earlier in the council meeting on Monday.
Parrish was acting in the mayor’s position due to the absence of Mayor Jerry Neace, who was out of town attending the Georgia Municipal Association (GMA) conference.
Parrish vetoed action to fund the city administrator position, as well as vetoeing action taken by the council to reappoint Karen Degges to the position.
“It is obvious that city administrator (position) is not working,” Parrish said.
Parrish issued a letter of veto for appropriations in fiscal year 2013-2013 earmarked for the position of city administrator payroll and benefits.
The council had earlier approved the FY 2012-13 budgets for the general fund and enterprise fund. The general fund budget totaling $1.5 million and the enterprise fund budget totaling $3.1 million were unanimously approved. Finance director Audra Payne advised the council that the two percent raise for city employees had been removed from the budgets, per instructions from the mayor. Revenue was adjusted up due to the prison issue and a capital component was added. Parrish did not vote on the budgets since he was acting as mayor.
The reason Parrish gave for the veto was: “for the harmony of efficient and effective operations of the City of Baldwin it is best to return all daily supervision of the city to the responsibility of the mayor.”
Earlier in Monday’s meeting the council approved the following department head re-appointments: Degges, city administrator; Mirinda Dispain, city clerk; Payne, finance/human resources director; Joe Roy, fire chief; Parrish, mayor pro tem; Virginia Williams, municipal court interpreter; Daren Osborn, police chief; Chad Conard, public works director/waste water treatment plant superintendent; and David Chester, water plant manager.
Parrish’s reason for the veto to not reappoint Degges was: “the previous elimination of appropriations for the position of city administrator in the fiscal budget 2012-2013 eliminates the need to appoint a person to the position of city administrator.”
Baldwin to further discuss allocation of power to Neace, Degges at May 10 meeting
The Baldwin City Council discussed the administrative policy for the city administrator Monday night but decided to postpone any action and further discussion until the May 10 meeting.
Council members Jeff Parrish, Joe Elam and Theron Ayers said they favor the policy that provides that the mayor remains the chief executive officer of the city and provides that the mayor can delegate certain executive and administrative powers to the city administrator. Council members Robert Bohannon and Dustin Mealor were against the policy. Bohannon asked that the policy be carried over to the May work session for further discussion.
The policy also provides that in the event of a conflict between this administrative policy and the city charter, that the city charter shall control.
Council member Parrish started the discussion on this issue several months ago.
At the council meeting on April 9, Parrish passed out information defining the authority of the mayor as outlined in the city charter and that of the city administrator.
On Monday, city attorney David Syfan explained that the administrative policy codifies what Karen Deggs, city administrator already does.
“It outlines her authority to run the city and provides the vehicle for her to do that,” Syfan said.
Parrish has made it known from the start that his wish was to clarify the mayor’s authority and that of the city administrator.
“Twice the mayor and council have fought over this,” Parrish said. “Now is the time to write the policy, while we have good employees in these positions.”
Syfan said, “I sort of see this (policy) as a Band-Aid to sort of get us through until next year when the council can put more time and thought into a new charter.”
The city’s current charter is over 20 years old and does not provide for a city administrator’s or city manager’s position.
Degges voiced her opposition to the change.
“This takes some things that I do away from me and gives them to the mayor,” she said. “This should have been done when the position was vacant.”
Council member Bohannon said several times during the discussion the city needs a new charter.
Parrish said, “Right now, the charter is the law.”
Finance director Audra Payne said, “Why wouldn’t you write a resolution that goes along with the way things are being done? We have been operating as a city manager model.”
Parrish and Mayor Jerry Neace both said Baldwin is not to the point of needing a city manager.
Degges said, “Every since the day I was hired, I have viewed all six of you as my bosses. I view each one of you equally.”
Parrish said, “But you shouldn’t. You should report directly to the mayor.”
SPLIT ON AGENDA
The council was also split on action taken defining how the agenda is set ech month. In a 3-2 split vote, with Bohannon and Mealor opposed, the council approved the following agenda procedure: reasonable efforts will be made to set the agenda one week before the meeting, unless there is an emergency or urgent issue that needs to be added to the agenda; the city clerk will be responsible for compiling, distributing and posting the agenda as required by law. The city clerk will communicate with the mayor and city council before a final agenda is published; each council member and the mayor have the privilege to add items to the agenda; the city administrator may add items to the agenda, but coordinate with the mayor for items added unless the issue is an emergency or is urgent; and the mayor has the right to move or delay items on the agenda to another meeting in order to help maintain orderly and well managed meetings. The mayor will make every reasonable effort to communicate with the council member or staff that placed an item on the agenda, if the Mayor feels a need to delay an item put on the agenda by that particular council member or staff.
Parrish said, “The council needs to have final approval of the agenda and ultimately that should be the mayor. We need to know what is on the agenda before the meeting.”
Degges said it is not always possible to get in touch with the mayor.
Parrish said, “If the council doesn’t have final approval of the agenda then things are going on that we don’t know about.”
Council members Jeff Parrish, Joe Elam and Theron Ayers said they favor the policy that provides that the mayor remains the chief executive officer of the city and provides that the mayor can delegate certain executive and administrative powers to the city administrator. Council members Robert Bohannon and Dustin Mealor were against the policy. Bohannon asked that the policy be carried over to the May work session for further discussion.
The policy also provides that in the event of a conflict between this administrative policy and the city charter, that the city charter shall control.
Council member Parrish started the discussion on this issue several months ago.
At the council meeting on April 9, Parrish passed out information defining the authority of the mayor as outlined in the city charter and that of the city administrator.
On Monday, city attorney David Syfan explained that the administrative policy codifies what Karen Deggs, city administrator already does.
“It outlines her authority to run the city and provides the vehicle for her to do that,” Syfan said.
Parrish has made it known from the start that his wish was to clarify the mayor’s authority and that of the city administrator.
“Twice the mayor and council have fought over this,” Parrish said. “Now is the time to write the policy, while we have good employees in these positions.”
Syfan said, “I sort of see this (policy) as a Band-Aid to sort of get us through until next year when the council can put more time and thought into a new charter.”
The city’s current charter is over 20 years old and does not provide for a city administrator’s or city manager’s position.
Degges voiced her opposition to the change.
“This takes some things that I do away from me and gives them to the mayor,” she said. “This should have been done when the position was vacant.”
Council member Bohannon said several times during the discussion the city needs a new charter.
Parrish said, “Right now, the charter is the law.”
Finance director Audra Payne said, “Why wouldn’t you write a resolution that goes along with the way things are being done? We have been operating as a city manager model.”
Parrish and Mayor Jerry Neace both said Baldwin is not to the point of needing a city manager.
Degges said, “Every since the day I was hired, I have viewed all six of you as my bosses. I view each one of you equally.”
Parrish said, “But you shouldn’t. You should report directly to the mayor.”
SPLIT ON AGENDA
The council was also split on action taken defining how the agenda is set ech month. In a 3-2 split vote, with Bohannon and Mealor opposed, the council approved the following agenda procedure: reasonable efforts will be made to set the agenda one week before the meeting, unless there is an emergency or urgent issue that needs to be added to the agenda; the city clerk will be responsible for compiling, distributing and posting the agenda as required by law. The city clerk will communicate with the mayor and city council before a final agenda is published; each council member and the mayor have the privilege to add items to the agenda; the city administrator may add items to the agenda, but coordinate with the mayor for items added unless the issue is an emergency or is urgent; and the mayor has the right to move or delay items on the agenda to another meeting in order to help maintain orderly and well managed meetings. The mayor will make every reasonable effort to communicate with the council member or staff that placed an item on the agenda, if the Mayor feels a need to delay an item put on the agenda by that particular council member or staff.
Parrish said, “The council needs to have final approval of the agenda and ultimately that should be the mayor. We need to know what is on the agenda before the meeting.”
Degges said it is not always possible to get in touch with the mayor.
Parrish said, “If the council doesn’t have final approval of the agenda then things are going on that we don’t know about.”
Baldwin clean up day moved to April 28
Due to the weather forecast of 60 percent chance of rain this Saturday, the clean up day in Baldwin has been postponed.
It will be held on Saturday, April 28. The headquarters will still be at the Fellowship Church, and the time will still be between 9 a.m. and 2 p.m.
The dumpsters should be at Gailey Park Friday, April 20, and the time frame for the dumpsters will be extended through April 29. The street department will continue doing large debris pick-ups through April 26, with appointments.
It will be held on Saturday, April 28. The headquarters will still be at the Fellowship Church, and the time will still be between 9 a.m. and 2 p.m.
The dumpsters should be at Gailey Park Friday, April 20, and the time frame for the dumpsters will be extended through April 29. The street department will continue doing large debris pick-ups through April 26, with appointments.
Baldwin millage rate reduced by council
Baldwin’s tax rate for the next fiscal year will be lower than the current rate.
At the monthly meeting of the Baldwin City Council on Monday, the council unanimously approved the 2011 millage rate ordinance. The net millage rate for the calendar year 2011 and for the 2011-12 fiscal year is set at 8.00 mills for the Habersham County residents and 3.60 mills for the Banks County residents. The current Habersham County rate is 8.25.
The Banks County millage rate is lower because there is a 4.4 mills rollback for the Banks County side of Baldwin.
Property will be taxed at its 40 percent digest value and tax bills will be due 60 days from the date they are postmarked.
At the monthly meeting of the Baldwin City Council on Monday, the council unanimously approved the 2011 millage rate ordinance. The net millage rate for the calendar year 2011 and for the 2011-12 fiscal year is set at 8.00 mills for the Habersham County residents and 3.60 mills for the Banks County residents. The current Habersham County rate is 8.25.
The Banks County millage rate is lower because there is a 4.4 mills rollback for the Banks County side of Baldwin.
Property will be taxed at its 40 percent digest value and tax bills will be due 60 days from the date they are postmarked.
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