June 9, 2011 Council Meeting Minutes

September 9, 2011

Regular Meeting of the Mayor and City Council
    City of Ball Ground, Georgia
Ball Ground City Hall ~ 7:00 P.M.
MINUTES
June 9, 2011 
 
Item 1: Meeting Called to Order by Mayor Rick Roberts
 
 Council Members Present: Frank Homiller, Lee Prettyman & Andrenia Stoner
Council Members Absent:  John Byrd & Mickey O’MalleyStaff 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 led by Council Member Frank Homiller

Item 3: Appearances

 Ball Ground Garden Club (Anetsa-Ga-Da –  Six members of the Anestsa-Ga-Da Garden Club attended the meeting and was     honored with the reading of a Proclamation by Mayor Roberts proclaiming June 6-10 as National Garden Week in the City of Ball Ground.  Each member was      presented with a city lapel pin.

 National GardenWeek

PROCLAMATION 

                                WHEREAS, Gardeners have a passion for nurturing the beauty and resources of the earth through the planting of seeds, the care of all plants and the riches of their efforts; and

                                WHEREAS, Gardeners seek to add beauty, splendor, fragrance and nutrition to our lives through the growing of herbs, vegetables, foliage and flowers; and

                                WHEREAS, Gardeners work to preserve our country’s traditional spirit of independence and initiative through innovation and hard work; and

                                WHEREAS, Gardeners advocate the importance of all creatures, large and small, that share our world and their roles in a balanced and productive ecology; and

                                WHEREAS, Gardening furnishes, a challenging and productive activity for many citizens, for those just learning as well as those having years of experience; and

                                WHEREAS, Gardening promotes a healthy lifestyle that last a lifetime, helps reduce stress from other areas of our life, teaches that rewards cancome from diligent efforts; and

                                WHEREAS, Gardening enables members of the Garden Clubs across the nation and the world to  serve others in thecommunities where they reside and work;

                                Now, Therefore Be It Resolved that I, Mayor A. R.Roberts, III in an effort to acknowledge the      importance of Gardening and the numerous contributions of Gardeners, designate the week of June 6-10, 2010   as National Garden Week.

                                In Witness Whereof, I have hereunto set my hand and caused the seal of the City of Ball Groundto be affixed this 4th day of June, 2010.

                                                                                Signed /s/ Mayor A. R. Roberts, III
                                                                                                  Mayor A. R.Roberts, III
                Attest:  /s/Karen L. Jordan, City Clerk

Item 4: Announcements/Informational Items/Project Updates – City Manager

  • City Hall will be closed on Monday, July 4 for Independence Day
  • Financial Audit is scheduled to begin on September 12, 2011

tem 5:  Public Hearing

            a) Technology Ridge Redevelopment Plan and Opportunity Zone Application for      June 21, 2011

            MayorRoberts declared the Public Hearing open for the proposed adoption of the    Technology Ridge Urban Redevelopment Plan; to approve an application for an Opportunity Zone for the area encompassed by such redevelopment plans pursuant to  O.C.G.A. Section 48-7-40.1; to promote the public health, safety and welfare, and for other purposes.   Nocomments were received therefore; MayorRoberts declared the Public Hearing closed.   No Action taken.
 
 b) Budget 2011-2012 
MayorRoberts declared the Public Hearing open for the purpose of publiccomments related to the adoption of the proposed budget for Fiscal Year 2011-2012. Nocommentswere received therefore; MayorRoberts declared the Public Hearing closed.
 No Action taken. 
 
Item 6: Approval of Minutes

a)      May 12, 2011 City Council Meeting

Council Member Stoner put forth a motion, Seconded by Council Member Homiller to approve the minutes as submitted in writing by the city clerk.

Motion Approved 3 Yeas 0 Nays 2 Absent

Item 7:  Old Business

a)      Consider 2nd  Reading of 2011-2012 Budget

Council Member Homiller put forth a motion, Seconded by Council Member Prettyman, to approve the second reading of an Ordinance to Provide for the Adoption of a Budget, its execution and effect for the Fiscal Year Beginning July 1, 2011 and ending June 30, 2012 in the total amount of $1,654,990.

Motion Approved 3 Yeas 0 Nays 2 Absent

 b)      Consider 2nd Reading of Ordinance Authorizing Cherokee Co. Board of Elections to Conduct City Elections

Council Member Homiller put for the a motion, Seconded by Council Member Prettyman to approve the second reading of an Ordinance authorizing the Cherokee Co. Board of Election to conduct City Election.

Motion Approve 3 Yeas 0 Nays 2 Absent

 

c)       Consider 2nd Reading of  Ordinance Authorizing the increase of Fees Insurance Companies pay to transact business within the City of Ball Ground

Council Member Prettyman put forth a motion, Seconded by Council Member Homiller to approve the second reading of an Ordinance authorizing the increase of Fees Insurance Companies pay to transact business within the City of Ball Ground.

Motion Approved 3 Yeas 0 Nays 2 Absent.

 Item 8: New Business

a)      Consider Amendment to SPLOST 3 Budget

City Administrator Wilmarth reported to Mayor and Council that with changes throughout the year it was necessary to update the SPLOST 3 budget to accurately record the revenues and expenses associated with the SPLOST fund. 

 Council Member Homiller put forth a motion, Seconded by Council Member Prettyman to approve the budget amendment to the SPLOST 3 Budget as outlined below.

Motion Approved 3 Yeas 0 Nays 2 Absent.

Item Description

Account Number

Amend 1

 

Original

            
Program Salaries     327-1500-10-511100  $      48,200    $            47,741
         
FICA 327-1500-10-512200  $       3,600    $               3,652
         
Group Insurance 327-1500-10-512100  $          684    $                  583
         
Audit 327-1500-10-521230  $       4,000    $                      -  
         
Workers Comp 327-4221-55-512700  $          253    $                  253
         
Small Equipment 327-4221-55-531600  $       6,500    $               4,280
         
Roads and Streets Capital Maintenance 327-4221-55-522200  $      43,346    $            35,000
         
Roads / Streets / Sidewalks     327-4221-55-541400  $      17,000    $               5,000
         
CDBG Grant Match Sidewalk Project 327-4221-55-541213  $      16,000    
         
Water Sewer System Improvement  327-4000-70-541400  $       4,950    $                      -  
         
City Hall Improvements 327-1610-10-541400  $       1,287    $                      -  
         
City Hall Debt Service 327-1610-10-541400  $    109,000    $          140,631
         
Streetscapes 327-4221-55-541210  $      10,000     
         
Public Safety Capital Outlay 327-3223-20-542200  $      25,757    
         
2009 Patrol Car Lease 327-3223-20-581201  $       8,796    $               8,796
         
2011 Patrol Car Lease 327-3223-20-582203  $       3,100    
         
Parks 327-6220-45-522200  $      15,000    $                      -  
         
Valley Street Extension 327-4221-55-581210  $      57,564    $            57,564
         
Revenues over Expenditures    $            -      $            14,430
         
Bank Charges 327-1500-10-523350  $          200    $                  120
         
Total Projected Expenses    $      375,237    $          318,050

 b)      Consider Adoption of Technology Ridge Urban Redevelopment Joint Plan of the City of Ball Ground, The City of Canton, and Cherokee County

Mayor Roberts presented the following resolution for council consideration.

RESOLUTION NO. 2011-R-07 

JOINT RESOLUTION

CherokeeCounty and the Cities of Ball Ground and Canton, Georgia

A JOINT RESOLUTION OF THE BOARD OF COMMISSIONERS OF CHEROKEE COUNTY, GEORGIA, THE        CITY COUNCIL OF BALL GROUND, GEORGIA, AND THE CITY COUNCIL OF CANTON, GEORGIA; TO     ADOPT AN URBAN REDEVELOPMENT PLAN FOR ONE OR MORE SLUM, BLIGHTED OR         UNDERDEVELOPED AREAS WITHIN CHEROKEE COUNTY, AND THE CITES OF BALL GROUND, AND             CANTON, GEORGIA, PURSUANT TO THE PROVISIONS OF THE URBAN DEVELOPMENT LAW, O.C.G.A.  SECTION 36-61-1 ET SEQ.; TO APPROVE AN APPLICATION FOR AN OPPORTUNITY ZONE FOR THE  AREA ENCOMPASSED BY SUCH REDEVELOPMENT PLAN PURSUANT TO O.C.G.A. SECTION 48-7- 40.1; TO PROMOTE THE PUBLIC HEALTH, SAFETY AND WELFARE, AND FOR OTHER PURPOSES.

     WHEREAS, the Board of Commissioners of Cherokee County, Georgia (“CherokeeCounty”) is the duly elected governing authority for the County; and

     WHEREAS, the City Council of Ball Ground, Georgia (“Ball Ground”) is the duly elected governing authority forBall Ground; and

      WHEREAS, the City Council of Canton, Georgia (“Canton”) is the duly elected governing authority for Canton; and

     WHEREAS, it has been determined by Cherokee County, and the cities of Ball Ground, and Canton that there   is a need for the revitalization and redevelopment of areas of Cherokee County, Ball Ground, and Canton to            develop and promote for the public good and general welfare housing, trade,commerce and employment          opportunities within Cherokee County, Ball Ground, and Canton; and

     WHEREAS, it has been determined by Cherokee County, and the cities of Ball Ground, and Canton that within such areas there exist such conditions as: a predominance of buildings or improvements, both residential and  nonresidential, which by reason of dilapidation, deterioration, age, vacancy or obsolescence are conducive to crime and are detrimental to the public health, safety, morals, or welfare; the presence of a substantial number    of vacant, deteriorated, or deteriorating structures; predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness for present or future development;                 development impaired by transportation noise or by other environmental hazards; or a combination of such conditions that substantially impairs or arrests the sound growth of Cherokee County, Ball Ground, and Canton,  retards the provisions of adequate housing accommodations, and constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use; and

     WHEREAS, it has been determined by Cherokee County, and the cities of Ball Ground, and Canton that it is in the public interest and is vital to the public welfare of the people of Cherokee County, Ball Ground, and Canton  and of the people of the State of Georgia to revitalize and redevelop such areas of Cherokee County, Ball Ground, and Canton; and

      WHEREAS, it has been determined by Cherokee County, and the cities Ball Ground, and Canton that such areas should be designated as Urban Redevelopment Areas as defined by O.C.G.A. Section 36-61-2; and

      WHEREAS, Cherokee County, and the cities of Ball Ground, and Canton have prepared a workable program to eliminate and prevent the development or spread of slums, to encourage needed urban rehabilitation, to provide  for the redevelopment of slum areas, and to undertake such activities as may be suitably employed to achieve  these objectives in the Urban Redevelopment Areas, to be known as the Technology Ridge Urban Redevelopment Plan (the “Plan”); and

     WHEREAS, Cherokee County has caused a public hearing on the adoption of the proposed Urban    Redevelopment Plan to be held on June 9, 2011 at 7:00 p.m. at the Ball Ground City Hall, pursuant to the provisions of O.C.G.A. Section 36-61-7; and

     WHEREAS, the city of Ball Ground has caused a public hearing on the adoption of the proposed Urban Redevelopment Plan to be held on 09 June 2011 at 7:00 p.m. at City Hall 215 Valley Street Ball Ground,    Georgia pursuant to the provisions of O.C.G.A. Section 36-61-7; and

      WHEREAS, the city of Canton has caused a public hearing on the adoption of the proposed Urban   Redevelopment Plan to be held on _____, 2011 at ____ p.m. at the ________ pursuant to the provisions of  O.C.G.A. Section 36-61-7; and

     WHEREAS, it is determined by Cherokee County, and the cities of Ball Ground, and Canton that the Plan conforms to the Comprehensive Plans of Cherokee County, Ball Ground, and Canton as a whole; and

     WHEREAS, it is determined by Cherokee County, and the cities of Ball Ground, and Canton that the Plan will  afford maximum opportunity, consistent with the sound needs of Cherokee County, Ball Ground and Canton as  a whole, for the rehabilitation or redevelopment of the Urban Redevelopment Areas by private enterprise; and

      WHEREAS, it is determined by Cherokee County, and the cities of Ball Ground, and Canton that a feasible  method exists for the relocation of families that will or may be displaced from the Urban Redevelopment Areas in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; and

     WHEREAS, Georgia Law (O.C.G.A. 48-7-40.1) provides for the creation of an Opportunity Zone to assist in the redevelopment of distressed areas; and

     WHEREAS, Cherokee County, and the cities of Ball Ground, and Canton find that the Urban Redevelopment     Areas qualify for such a zone and seeks to redevelop Cherokee County, Ball Ground, and Canton to promote growth and improve the public health, safety, and welfare,  and  property values; and

      WHEREAS, Cherokee County, and the cities of Ball Ground, and Canton find that the area encompassed by     the proposed Opportunity Zone has undergone significant changes and that an Opportunity Zone would   decrease blight, increase property values, decrease crime, and prevent other adverse consequences; and

      WHEREAS, Cherokee County, Ball Ground, and Canton understand that adoption of an Urban Redevelopment Plan will assist in the creation of an Opportunity Zone with the approval of the Georgia Department of  Community Affairs; and

     NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Cherokee County, Georgia, the City    Council of Ball Ground, Georgia, and the City Council of Canton, Georgia that the Technology Ridge Urban  Redevelopment Plan is hereby approved and adopted, with said Technology Ridge Urban Redevelopment Plan attached hereto as Exhibit “A”; and

     BE IT FURTHER RESOLVED that the Board of Commissioners of Cherokee County, Georgia, the City Council     of Ball Ground, Georgia, and the City Council of Canton, Georgia hereby approves the submission of such Technology Ridge Urban Redevelopment Plan to the Georgia Department of Community Affairs for the purpose  of applying for Opportunity Zone designation for the area encompassed by said plan; and

     BE IT FURTHER RESOLVED that any and all resolutions in conflict with this resolution are and the same are  hereby repealed.

APPROVED AND ADOPTED THE 9th DAY OF June, 2011.

BY: /s/ A. R. Roberts, III, Mayor

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

Council Member Stoner put forth a motion, Seconded by Council Member Homiller to adopt the resolution as submitted.

Motion Approved 3 Yeas, 0 Nays, 2 Absent.

 c)       Ratify Cherokee County 2012-2014 CDBG Cooperation Agreement

City Administrator Wilmarth presented the following agreement for Mayor and Council consideration.

 CHEROKEE COUNTY 2012-2014 COOPERATION AGREEMENT
NOTIFICATION OF INTENT FOR CURRENTLY PARTICIPATING MUNICIPALITY
 
Municipality:  City of Ball Ground

Date:       May 31, 2011

Yes, the incorporated area of the City of Ball Ground in Cherokee County, Georgia elects to be included as part of the Urban County designation for Cherokee County for the three year period beginning January 1, 2012 through December 231, 2014.  My signature confirms my understanding that this is an automatic renewal of the Cooperation Agreement signed in October 2008.

 /s/ A. R. Roberts, III, Mayor
A. R. Roberts, III, Mayor
 
Attest:  /s/ Karen L. Jordan
 
Council Member Prettyman put forth a motion, Seconded by Council Member Homiller to authorize Mayor Roberts to sign any and all documents related to this agreement.

Motion Approved 3 Yeas, 0 Nays, 2 Absent.

 Item 9: City Administrator Report       

Financial Report – An unaudited report of account balances, statement of revenue and expenditures for the month ended May 31, 2011 was presented by CityAdministrator Wilmarth.  The report showed cash on deposit totaled $686,584.94.

 Water /Sewage – The well produced approximately 5 million gallons of water while selling 3.4 million gallons.  This resulted in a loss of 32% for the month of Amy. 

 Water leaks continue to be a problem in the Cherokee Village Subdivision.  To date there    have been 21 leaks.

Roads/Streets – City Administrator Wilmarth submitted the following Resolution 2011-R08 for Mayor and Council consideration. 

A RESOLUTION 2011-R08

 ACKNOWLEDGING THE CITY OFBALL GROUND’S COMMITMENT TO A COMMUNITY DEVELOP BLOCK GRANT APPLICATION

     WHEREAS, the City of Ball Ground has elected to be included as part of the Urban County designation for Cherokee County for the three year period beginning January 1, 2012; and

     WHEREAS, the City ofBall Ground has prepared four applications for funding to be considered by  CherokeeCounty; and

     WHEREAS, these four applications, listed in order of priority include, the Cherokee Village Water      Service Line Replacement Project, the Northridge Road Sidewalk Project, the Terrell, Nix and Blackwell Street  Water Line Replacement Project, and the Old Canton Road Sidewalk Project; and
 
     WHEREAS, each of these applications require matching funds from the City ofBall Ground          combining for a total of $89,250; and
 
     THEREFORE, Be it Resolved by the Mayor and City Council that the City ofBall Ground is fully   supportive of these four applications and is prepared to meet the financial match obligations of any or all of the  requested projects.
 
      BE IT RESOLVED this 9th day of June, 2011
 
Signed:  /s/ A. R. Roberts, III, Mayor
 
Attest:  /s/ Karen L. Jordan, City Clerk

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to adopt Resolution 2011-R08 as submitted.

Motion Approved 3 Yeas, 0 Nays, 2 Absent.

 City Administrator Wilmarth reported that a storm drain under a portion of Old Dawsonville Road (park area) had to be replaced because of deterioration.  The old pipe did not appear to be properly installed or adequate for the amount of water to flow through. The new pipe which was increased in size will greatly assist in reducing or eliminating the flooding problems in the park area.

Public Safety – Chief Davis presented a written report of the department’s activity for the month ended May 31, 2011. 

Officer Carver completed a course in Internet Tools for Criminals Investigators, while Sgt Reeves completed the final phase of Management Training. 

Item 10: Mayor Roberts & City Council Comments

Mayor Roberts expressed his excitement about Ball Ground being awarded funding through the Georgia Department of Transportation TE Grant to build a linear park along Valley Street.    Mayor Roberts stated that this project is one of eight that was funded by the DOT.

 Mayor Roberts commended the Garden Club, Lions Club and the Ball Ground Business      Association for service they do for the community.   The groups have become a very variant part of the City stated Mayor Roberts.

Council Member Prettyman also commended the Lions Club on their new found success.

Council Member Stoner, Chairman of the Natural Resources Committee gave a report on  the natural resources enjoyed by the residents of Ball Ground and how important it is that we use them wisely.  She stated that growth needs to be balanced with the need to retain and protect significant natural resources, such as streams, wooded area, wildlife habitats    and open spaces throughout the city. 

 Council Member Stoner also addressed the importance of Historic Preservation.  She stated that Ball Ground has always been a self-contained small town that valued its  historic downtown as the heart of its heritage.  Council Member Stoner encouraged residents to maintain the quality of life while instilling a sense of pride in our historic structures.

Council Member Stoner stated she would like to have signs displayed on each of the building in the downtown area noting information about the building.

 Item 11: Public Comments

            Jennie Byers informed Mayor and Council that the Garden Club had planted a tree on        behalf of the City of Ball Ground at the Burgess Arboretum located on the Reinhardt College campus.  Mrs. Byers stated the Arboretum contained heritage trees of historical and noteworthy value to CherokeeCounty andGeorgia.

 Item 12:  Executive Session (If Needed)

Council Member Stoner put forth a motion, Seconded by Council Member Homiller to adjourn into executive session for the purpose to consult and meet with legal counsel pertaining to potential litigation.
Motion Approved 3 Yeas, 0 Nays, 2 Absent
 
 There being no action taken a motion was made by Council Member Stoner,           Seconded by Council Member Homiller to adjourn the executive session and         reconvene back into the regular meeting.
Motion Approved 3 Yeas, 0 Nays, 2 Absent

 Item 13:  Adjourn

There being no further business for Council consideration a motion was duly made and        seconded to adjourn.

 The minutes of this June 9, 2011 Meeting of Council   approved this 14th day of        July, 2011.

/s/ A. R. Roberts, III, Mayor                                         /s/ Frank Homiller, Council Member

/s/ John Byrd, Council Member                                  /s/ Mickey O’Malley, Council Member

/s/ Lee Prettyman, Council Member                         /s/ Andrenia Stoner, Council Member

Attest:  /s/ Karen L. Jordan
                City Clerk

 

               

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