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

Minutes
July 10, 2008

Item 1:  Meeting Called to Order by Mayor Roberts

Item 2:  Pledge of Allegiance led by Council Member John Byrd

Council Members Present:      John Byrd, Ashley Holcomb, Frank Homiller,
Lee Prettyman & Andrenia Stoner

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

Item 3:  Public Comments – Appearances
Carson Ray, Regional Youth Services Supervisor for Sequoyah Regional Libraries     announced to Mayor and Council that The Towne Lake Arts Center and Cherokee     County Libraries have been awarded The Big Read Grant.  The Big Read is an initiative of     the National Endowment for the Arts designed to restore reading to the center of     American     Culture. The NEA presents The Big Read in partnership with the Institute of Museum and     Library Services and in cooperation with Arts Midwest.  We are currently     spreading the word,      inviting the communities’ leaders, businesses, organizations and families to get involved     stated Mrs. Ray.  An invitation was extended by Mrs. Ray to Mayor Roberts and Council     Members to participate in the kick off at the Ball Ground Public Library on Thursday, February     19, 2009 at 10:00 AM.

Mayor Roberts and Council Members thanked Mrs. Ray for coming and extended their     commitment and support to the project.

Item 4:  Announcements/Informational Items presented by City Manager Eric Wilmarth

• The opening of bids for the Streetscape Project is scheduled for Monday, July 21 at 12:01 PM.
• The Police Department will hold its annual National Night Out in Calvin Farmer Park on October 7, 2008
• City Hall will be closed on Monday, September 1, 2008 in observance of Memorial Day.
• Efforts to coordinate a time and date for the drilling of a second well continue.
• Upon completion and initial start up of the Ball Ground Business Park sewer lift station the entire system must be shut down for a period of time. Plans to complete this project are being finalized.
• The Commemorative Bell to be installed inside the Tower of the New City Hall is scheduled for delivery next week. Installation should be completed by mid August.

Item 5:  Approve Minutes
a) June 12, 2008
Council Member Stoner put forth a motion, seconded by Council Member Byrd to approve the     minutes of the June 12, 2008 regular Scheduled Meeting of Council as submitted in writing     by the City Clerk.
Motion Approved 4 Yeas  0 Nays.  Council Member Holcomb abstained.

Item 6:  Old Business
a)    Consider 2nd  Reading Annexation Petition 2008-A003 COMA Properties, Applicant
The applicant request annexation of 55.73 acres. The property is described as all that tract or parcel of land lying and being in Land Lot 130, 3rd District, 2nd Section of Cherokee County, Georgia, and being more particularly described in Cherokee County Tax Map No.03N07, Parcel No.064.  No change in zoning is requested at this time.

Mayor Roberts presented the annexation petition for Council consideration.

Council Member Homiller put forth a motion, Seconded by Council Member Byrd to approve Annexation Petition. No. 2008-A003 as presented.
Motion Approved 4 Yeas 0 Nays.  Council Member Ashley Holcomb abstained.

b)    Consider 2nd  Reading Annexation Petition 2008-A004 – Randall Ingram, Applicant
The applicant request annexation of 2.17 Acres.  The property is described as all that tract or parcel of land lying and being in Land Lot 309 of the 4th District. 2nd Section of Cherokee County, Georgia and being more particular described in Cherokee County Tax Map No. 04N04B, Parcel 011B.  No change in zoning is requested at this time.

Mayor Roberts presented the annexation petition for consideration by Council.

Council Member Holcomb put forth a motion, seconded by Council Member Prettyman to approve the Annexation Petition 2008-A004 as presented.
Motion Approved 5 Yeas O Nays.

c) Consider 2nd Reading of Proposed Animal Control Ordinance.  This ordinance would     replace the existing animal control ordinance.

Mayor Roberts presented the proposed Animal Control Ordinance for Council consideration.

Council Member Holcomb put forth a motion, Seconded by Council Member Prettyman that it     is now ORDANINED by the Mayor and City Council of the City of Ball Ground that the City of     Ball Ground Code of Ordinances Title 9, Chapter 3 Titled Animals is hereby replaced with the     language contained herein, for the purpose of strengthening the regulations and enhancing     enforcement opportunities in furtherance of a community that requires humane treatment of     animals and protects citizens from the harms that can be caused by certain animals.
Motion Approved 5 Yeas 0 Nays.

d) Consider 2nd Reading of Proposed Amendment to the City of Ball Ground            Comprehensive Code as it is related to Light Industrial (LI) Zoning.  Future Automobile,     Boat and Trailer Sales would require “Special Permitted Use by City Council”.

Council Member Holcomb put forth a motion, Seconded by Council Member Byrd that it is     now ORDAINED by the Mayor and City Council of the City of Ball Ground that the City of Ball     Ground Code of Ordinances. Section 104.10 Light Industrial, Section E. Special Uses     Permitted is hereby amended to include the following:  No 8) Automobile, Boat and Trailer     Sales.
Motion Approved 5 Yeas 0 Nays.

Item 7:  New Business
a) Consider 1st Reading Annexation Petition 2008-A006 – Michael Troy & Linda M.     Gibson, Applicants
Mayor Roberts presented the application for annexation of 2.34 Acres for Council     consideration.  The property is described as all that tract or parcel of land lying and being in     Land Lot 271, 4th District, 2nd Section, Cherokee County, Georgia, being more particularly     described as the 2.34 acre tract     west of     State Road 372 shown on a plat of survey for lva D.     Andrews by Roy D. Wilson, Jr. RLS #2081, dated 7-9-92 recorded in Plat Book 43, page     121, Cherokee County Records, which plat is hereby referred to and made a part of this     description.  The property is further described in Cherokee County Tax Map No. 04N03C,     Parcel 009.  No change in zoning is requested at this time.

Council Member Holcomb put forth a motion, Seconded by Council Member Stoner to     approve Annexation Petition 2008-A006 as presented.
Motion Approved 5 Yeas 0 Nays.

b) Consider 1st Reading Annexation Petition 2008-A005 – Michael Troy & Linda M.
Gibson, Applicants
Mayor Roberts presented the application for annexation of 2.00 Acres for Council consideration.  The property is described as all that tract or parcel of land lying and being in the 4th District and 2nd Section of Cherokee County, Georgia, and being a portion of Land Lot No. 300 and being more particular described in Cherokee County Tax Map No. 04N04, Parcel 022 & 23.  No change in zoning is requested at this time.

Council Member Holcomb put forth a motion, Seconded by Council Member Prettyman to approve Annexation Petition 2008-A005 as presented.
Motion Approved 5 Yeas 0 Nays.

Item 8:  City Managers Report
Finance – Due to the upcoming audit preparations a preliminary financial report for month     ended June 30, 2008 was presented in writing for Mayor and Council review.  The report     showed a combined total for all accounts of $572,345.93.

The Comprehensive Annual Financial Report prepared by Mauldin & Jenkins, CPAs, LLC. for     the fiscal year ended June 30, 2008 is scheduled to begin in September.

Mayor and Council was presented for review a report stating the Computation of Property     Tax Millage Rate Rollback and Percentage increases in property tax for year 2008.  The     preliminary digest figures reflect we maintain a Millage rate of 5.141 mills.  However as     expense increase so may our Millage rate increase stated City Adm. Wilmarth.

Water & Sewer – A report of the months daily water use and sewage discharge was given.      The report showed a 25% loss of unaccounted water.

City Adm. Wilmarth presented Mayor and Council with a proposal to restructure water rates.      Mayor and Council were asked to review the proposal and contact City Adm. Wilmarth with     any questions or concerns they may have.

As exploration continues for a second well, City Adm. Wilmarth proposed to apply to the     Georgia Environmental Facilities Authority for a grant to fund the cost of developing the well     for commercial use.  At this time the cost to do so is estimated at approximately $335,000.00.      These figures could change depending on the depth and quality of the well.  The City would     be required to contribute $40,000.00 to the cost.

Administrative – City Adm. Wilmarth stated he received a letter today stating that Premium     Investments Properties, LLC and R. D. Sharma are actively marketing properties owned by     Mr. Sharma to restaurant operators and would like to have the ability for the restaurant     owners     to pour liquor.

Public Safety – Chief Davis presented in writing a report of the department’s activity for the     month ended June 30, 2008.  The report showed a total of 3 arrest and 87 traffic stops.

Recreation – City Adm. Wilmarth told of his and Council Member Byrd’s explorations of the     Roberts Dam Property.  He stated it is his desire the property remain untouched by     developers and proposed the future use of the property be recreational.  City Adm. Wilmarth     invited    Mayor Roberts, Council Members & Staff to join him in a tour of the property.

Council Member Byrd expressed his excitement of being able to walk to areas of interest     within the city and having the Roberts Dam Property for recreational use.

Item 9:  Mayor Roberts & City Council Comments
Mayor Roberts also commented on the beauty of the Roberts Dam Area and stated that he     and Council Member Holcomb hiked the area several months ago.

Council Member Homiller asked for an update of the proposed construction of a new Ball     Ground Elementary School.

City Adm. Wilmarth replied that at this time there is no information that can be disclosed.

Mayor Roberts expressed his excitement over the opening of the extension of Valley Street.      The area along the street is going to make a great place to walk upon completion.

Item 10: Executive Session (If Needed)

Item 11: Adjourn
There being no further business for consideration a motion was duly made and seconded to     adjourn at 7:55 PM.

The minutes of this July 10, 2008 Meeting of Council approved this 14th Day of August, 2008.                                     ____________________________        _____________________________
Mayor A. R. Roberts, III            Council Member Frank Homiller

____________________________        _____________________________
Council Member John Byrd            Council Member Ashley Holcomb

____________________________        _____________________________
Council Member Lee Prettyman        Council Member Andrenia Stoner

Attest __________________________
City Clerk Karen L. Jordan