Minutes-April 14, 2011

May 27, 2011

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

MINUTES
April 14, 2011

Item 1: Meeting Called to Order
 Due to the absence of Mayor Roberts the meeting was called to order by Mayor Pro Tem Frank Homiller
 
 Council Members Present: John Byrd, Mickey O’Malley, Lee Prettyman & Andrenia Stoner

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

Item 2:  Pledge of Allegiance 

Item 3: Appearances 
 Tom Kowalski – Mountain Conservation Trust
 Mr. Kowalski stated the Mountain Conservation Trust is dedicated to the permanent conservation of the natural resources and scenic beauty of   the mountains and foothills of North Georgia through land protection, collaborative partnerships and education.  Mr.  Kowalski further stated that  the organization is working with the Cherokee County Board of Commissioners to develop a Cherokee Trails Network and proposed that the City of   Ball Ground Mayor and Council also become part of the group. 

 Mayor Pro Tem Homiller asked if there was anything needed from the City at this time. 
 Mr. Kowalski replied no. 

 Judy Prettyman came before Mayor and Council on behalf of the Crazy Quilters to thank them for allowing the group to use the Community   Building as a meeting location.  Mrs.  Prettyman presented the City with a $200.00 donation for the use of the building.

 Jordan Hodge of Ball Ground Boy Scout Troop 130 came before Council to present his  plan to build a gazebo on the edge of the pond located in  Calvin Farmer Park as his Eagle Scout Project. 

 Mayor Pro Tem Homiller thanked Jordan for his presentation and asked him to consult  with the city manager on the construction of the project.

 Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to approve the project as submitted.
Motion approved 4 Yeas 0 Nays. 
   

Item 4: Announcements/Informational Items/Project Updates – City Manager
• Street Long Yard Sale downtown Saturday, April 16, 2011 sponsored by the Ball Ground Masonic Lodge
• Ball Ground Heritage Days Festival May 14 & 15, 2011
Item 5: Approval of Minutes
 a)  March 10, 2011 City Council Meeting
 Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve the minutes of the March 10, 2011 meeting as  submitted in writing by the City Clerk.  
 Motion Approved 4 Yeas 0 Nays.

Item 6:  Old Business
 a) Consider 2nd Reading of Application for New Alcoholic Beverage License.   Applicant: Benjamin “Chris” Carter
 Name of Business: Uncle Pepper’s Pizza Kitchen 
 Location:   10150 Ball Ground Hwy (Holcomb Crossing)
 Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to  approve the issuance of an Alcoholic Beverage License for  Uncle Pepper’s Pizza Kitchen located at 1015 Ball Ground Hwy in the Holcomb Crossing Shopping Center.
 Motion Approved 4 Yeas 0 Nays.

Item 7: New Business
 a)  Consider INTERGOVERNMENTAL AGREEMENT FOR CHEROKEE COUNTY TO PROVIDE RESURFACING OF MINERAL SPRINGS ROAD  CITY OF BALLGROUND

 Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to empower Mayor Roberts to sign any and all documents related  to the Intergovernmental Agreement stated below between the City of Ball Ground and Cherokee County to Provide Resurfacing of Mineral Springs  Road upon review by City Attorney.
 Motion Approved 4 Yeas, 0 Nays.

 STATE OF GEORGIA
 COUNTY OF CHEROKEE

 INTERGOVERNMENTAL AGREEMENT
 FOR CHEROKEE COUNTY
 TO PROVIDE RESURFACING OF MINERAL SPRINGS ROAD
 CITY OF BALL GROUND

  THIS AGREEMENT entered into between the City of Ball Ground, Georgia, a Municipal Corporation, lying partially within the County of  Cherokee, Georgia, hereinafter referred to as the “City,” and Cherokee County, a political subdivision of the State of Georgia, hereinafter referred to  as the “County.”
                                                                                  WITNESSETH
  WHEREAS, the City, desires to have the portion of Mineral Springs Road lying within its city limits to be resurfaced; and

  WHEREAS, the County possesses the staff and equipment necessary to resurface such roadway for the City and desires to provide such  roadway work for the City; and

  WHEREAS, the City and County are authorized by Art. IX, Sec. III, Par. 1 of the Constitution of the State of Georgia to enter into    such an agreement.

  NOW, THEREFORE, in consideration of the premises contained herein, the sufficiency of which is hereby acknowledged, it is hereby  agreed by the City and the County as follows;
        1.   SERVICES; FEES
 1.1  The County, through its Roads & Bridges Division, shall provide labor and equipment and materials to resurface a portion of Mineral Springs  Road, a distance of approximately 500 feet, whose maintenance is the responsibility of the City (the “Work”).  Materials shall consist generally of  13 tons of asphalt leveling course and 63 tons of asphalt surface course.
  1.2   The City shall, prior to the County commencing the Work, remit to the County $5,700 as full compensation for the Work.
  1.3   The City shall, within forty-eight (48) hours of the County’s completion of the Work:
  a)  Conduct an inspection of the Work; and
  b)  Notify the County in writing of any deficiencies in the Work revealed by such inspection. 
  The County shall address any such deficiencies in a timely manner and to the reasonable satisfaction of the City.  Thereafter, the   County shall have no continuing obligation to the City whatsoever regarding the Work, including but not limited to any obligation of monitoring or  maintenance of the Work, and the City shall assume all  responsibility for maintenance and monitoring of the Work.  Except as otherwise provided  in this Paragraph 1.3, the County makes no warranties or assurances regarding the Work, and the City agrees to accept the Work “AS- IS.”  The  City agrees that the County’s total liability, if any, to the City under this Agreement will be limited to the  $5,700 to be paid by the City to the  County for the Work.
        2. TERM; TERMINATION
   The term of this Agreement shall commence as of the date of the execution of this Agreement by the last party to sign    same and shall continue until December 31, 2011.
        
        3.  ASSIGNMENT OR TRANSFER
  The rights, privileges and obligations under this Agreement shall not be assigned or transferred by any Party.

        4.  NOTICES
   All notices required herein shall be in writing and delivered to each party at the address contained herein by: 
  (a) hand delivery to the address below;
  (b) United States Certified Mail – Return Receipt Requested, postage prepaid; or
  (c) by reputable overnight delivery service.  The day upon which such notice is hand delivered, mailed or otherwise delivered shall be   deemed the date of service of such notice. 

 City of Ball Ground: Mayor
    Ball Ground City Hall
    215 Valley Street
    Ball Ground, Georgia 30107

 Cherokee County:  Chairman
    Cherokee County Board of Commissioners
    1130 Bluffs Parkway
    Canton, Georgia 30114

        5.  GENERAL PROVISIONS OF THIS AGREEMENT
  5.1   The brief capitalized and underlined headings or titles preceding each paragraph are for  purposes of identification, convenience  and ease of reference, and shall be disregarded in the construction of this Agreement.
  5.2   No failure of either party hereto to exercise any right or power granted under this Agreement, or to insist upon strict compliance  by the other party with this Agreement, and no custom or practice  of either party at variance with the terms and conditions of this Agreement,  shall constitute a waiver of a party’s right to demand exact and strict compliance by the other parties hereto with the terms and conditions of this   License.
  5.3   This Agreement shall be governed by, construed under, performed and enforced in accordance with the laws of Georgia.
  5.4   Should any provision of this Agreement require judicial interpretation, it is agreed and stipulated by and between the parties   that the court interpreting or construing the same shall not apply a  presumption that the terms, conditions and provisions hereof shall be more  strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party   who prepared the same. 
  5.5   This Agreement may be executed in two (2) or more counterparts, each of which is deemed an original of equal dignity with the  others and which is deemed one and the same instrument as the others. 
        6.  ENTIRE AGREEMENT
  This Agreement supersedes all prior negotiations, discussions, statements and agreements between the parties and constitutes the full,  complete and entire agreement between the parties with respect to the Project; no member, officer, employee, representative or agent of either  party has authority to make, or has made, any statement, agreement, representation or contemporaneous agreement, oral or written, in connection  herewith, amending, supplementing, modifying, adding to, deleting from, or changing the terms and conditions of this Agreement.  No modification  of or amendment to this Agreement shall be binding on either party hereto unless such modification or amendment shall be properly authorized, in  writing, properly signed by both parties.
        7.  AUTHORITY TO ENTER INTO AGREEMENT
  Each of the individuals who executes this Agreement agrees and represents that he is authorized to execute this Agreement on behalf of  the respective government and further agrees and represents that this Agreement has been duly passed upon by his respective government and  spread upon the Minutes.   Accordingly, each party both waives and releases any right to contest the enforceability of this Agreement  based  upon the execution and/or approval thereof.
        8.  HOLD HARMLESS
 The City does hereby agree, to the extent, if any, allowed by law, to indemnify and hold harmless the County, its officers, agents, servants, and  employees from any and all injuries, claims, actions, lawsuits, damages, judgments or liabilities of any kind whatsoever arising out of the County’s  performance of its obligations under this Agreement. 
        9.  NO THIRD PARTY RIGHTS
 This Agreement shall be exclusively for the benefit of the parties and shall not provide any third parties with any remedy, claim, liability,  reimbursement, cause of action, or other right.

 IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals this ____ day of  __________, 2011.
 
 City of Ball Ground                                 Cherokee County
 _______________________   _______________________
 By: Rick Roberts, Mayor                      By: L. B. Ahrens, Jr., Chairman
  
 Attest: _________________   Attest: _________________
 City Clerk (Seal)                                            County Clerk (Seal)

 b)  Consider Naming of Downtown Plaza
 Mayor Pro Tem Homiller stated in appreciation and support of Former State Representative Garland Pinholster, Mayor Roberts thought it  appropriate to name the “Plaza” “Pinholster Plaza”.   Former Representative Pinholster was also directly involved in the awarding of the $920,000.00  Department of Transportation City of Ball TE Grant. 

 Council Member Stoner put forth a motion, Seconded by Council Member Byrd that from this day forward the “Downtown Plaza” will be known as  “Pinholster Plaza” and an official naming ceremony will be held at a date to be announced.
 Motion Approved 4 Yeas 0 Nays.

 c)  Consider 1st Reading of 2011-2012 Budget
 Due to the absence of Mayor Roberts, Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to table the 1st reading  of the 2011-2012 Budget.
 Motion Approved 4 Yeas 0 Nays.

 d)  Consider Adoption of Capital Improvement Plan
 Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to adopt the Capital Improvement Plan as submitted.
 Motion Approved 4 Yeas 0 Nays.

 e)  Consider Resolution No. 2011-R03 Recognizing April 17-23 as Georgia Cities Week in the City of Ball Ground.
 Motion by Council Member Prettyman, Seconded by Council Member Byrd to recognize April 17-23 as Georgia Cities Week in the City of Ball  Ground .
 Motion Approved 4 Yeas 0 Nays.

 GEORGIA CITIES WEEK
 April 17-23, 2011

 RESOLUTION 2011-R03

  A RESOLUTION OF THE CITY OF BALL GROUND RECOGNIZING GEORGIA CITIES WEEK,  APRIL 17-23, 2011 AND  ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND  CORRESPONDING ACTIVITIES.

  WHEREAS, city government is the closest to most citizens, and the one with the most direct daily impact upon its residents; and

  WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of  its many responsibilities; and

  WHEREAS, city government officials and employees share the responsibility to pass along their  understanding of public services and  their benefits, and

  WHEREAS, Georgia Cities Week is a very important time to recognize the important role played by city government in our lives; and

  WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Georgia that they can shape and   influence this branch of government which is closest to the people; and

  WHEREAS, the Georgia Municipal Association and its member cities have joined together to teach students and other citizens   about municipal government through a variety of different projects and information; and

  WHEREAS, Georgia Cities Week offers an important opportunity to convey to all the citizens of  Georgia that they can shape and  influence government through their civic involvement.

  NOW, THEREFORE BE IT RESOLVED THAT THE CITY OF BALL GROUND DECLARES APRIL 17-23, 2011 AS GEORGIA CITIES  WEEK.

  BE IT FURTHER RESOVED THAT THE CITY OF BALL GROUND ENCOURAGES ALL CITIZENS, CITY GOVERNMENT OFFICIALS  AND EMPLOYEES TO DO EVERYTHING POSSIBLE TO ENSURE THAT  THIS WEEK IS RECOGNIZED AND CELEBRATED ACCORDINGLY.

  PASSED AND ADOPTED BY THE CITY OF BALL GROUND, THIS 14TH DAY OF APRIL, 2011.
     /s/ Frank Homiller
     Frank Homiller, Mayor Pro Tem

 Attest: /s/ Karen L. Jordan
  Karen L. Jordan, City Clerk

Item 8: City Administrator Report 
 Financial Report – An unaudited report of account balances, statement of revenue and expenditures for the month ended March 31, 2011 was   presented by City  Administrator Wilmarth.  The report showed cash on deposit totaled $713,751.18.

 Water/Sewage – The well produced 4.9 million gallons of water while selling 3 million.   This resulted in a loss of 38% for the month of March.  The  well continues to operate with an average drawdown per run cycle of approximately 13 feet and a recovery time of approximately 30 minutes.

 Georgia Rural Water Association conducted an audit of the Water System’s Fluoridation Program today.  The results showed the System to be in  compliant in all aspects of the program for the preceding 12 month period. 

 Roads/Streets – Repairs to the Valley and Depot Streets have been completed.

 Recently there has been a discrepancy by Cherokee County in the amount of road mileage inside the City of Ball Ground.  Supporting  documentation has been sent to the County to clear up the matter.  As a result our annual LMIG should increase. 

 The pre-construction meeting for the CDBG Sidewalk Project will be held Tuesday at 2:00 PM..  Within several days following the meeting the  “Notice to Proceed” will be  issued and construction should begin. 

 Parks/Recreation – The City’s request to Cherokee County Parks and Recreation Department for funding of a new softball field has been withdrawn.   The reason is because the Cherokee Co. Parks & Recreation Department proposed they design a master plan for renovatation of the entire park.   Updates of the project will be forth coming to the Mayor and Council.
 
 The City of Ball Ground has made a formal request to the Cherokee County Board of  Education to acquire ownership of the old Ball Ground  Elementary School once the new facility has been completed.  A response from the BOE has not been received as of this date.

Item 9:   Mayor Roberts & City Council Comments
  Public Safety Committee Report – Council Member John Byrd reported on the status of the project to update the department’s radio system. 

 Council Member Byrd commended Chief Davis and his department for the outstanding service they perform for the residents of the City of Ball  Ground.
 
Item 10: Public Comments

Item 11:  Executive Session (If Needed)
 Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to  adjourn into executive session for the purpose of discussing  possible litigation. 
 Motion Approved 4 Yeas 0 Nays,

 No Action was taken.

 Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to adjourn the executive session and return to the  open council meeting.
 Motion Approved 4 Yeas 0 Nays.

Item 12:  Adjourn
 There being no further business for Council consideration, a motion was put forth by Council Member Prettyman, Seconded by Council Member   Stoner to adjourn the meeting.
 Motion Approved 4 Yeas 0 Nays.

 The minutes of this April 14, 2011 Meeting of Council approved this 12th Day of May , 2011.

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