Council Members John Byrd, Frank Homiller, Mickey O’Malley, Lee Prettyman &      Andrenia Stoner were present

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

Absent:  Karen L. Jordan, City Clerk

 Item 2:  Pledge of Allegiance

Item 3:  Scheduled Appearances

Item 4:  Announcements/Informational Items

c)       2^nd Reading – De-Annexation Petition 2010-D03 Request by Bennie Shelley for deannexation of all that tract of parcel of land lying and being in Land lot 315 of the 4^th District, 2^nd Section, Cherokee County, Georgia, being Lot 8, Final Plat for Cherry Grove Road, as per plat recorded in Plat Book 102, Page 4, Cherokee County, Georgia Records, said plat being incorporated and made a part hereof.  The property is further described as Map 04N06A, Parcel 08.

Item 7:  New Business

 Tenant covenants to provide on or before the commencement of the term of this Lease and to keep in force during the term hereof, a comprehensive public liability policy for injury to persons who are members of Tenant, playing soccer on or about the premises demised to Tenant herein.  Tenant covenants to carry such insurance through the applicable state soccer and youth soccer associations through which such policies of insurance are carried.  Upon request by Landlord, Tenant shall produce a copy of documentation of such insurance coverage to Landlord.

Tenant shall maintain and make repairs of any kind upon the premises demised to Tenant herein, or any equipment, facilities or fixtures therein contained, which shall at all times be kept in good order, condition and repair by Tenant, and in a clean, sanitary and safe condition and in accordance with all applicable laws, ordinances and regulations.

8.  DUTIES OF LANDLORD:  Landlord, by and through the City of Ball Ground Police Department, shall provide security and law enforcement for the protection of Tenant and others using the premises in accordance with its normal police procedures for parks and particularly Calvin Farmer Park.

Landlord shall maintain and make repairs of any kind to the access roads and parking lot adjacent to the premises demised to Tenant.

Landlord, as owner and operator of the municipal water system of the City of Ball Ground, shall provide water to Tenant for use at the premises, at the normal wholesale rate charged by the City of Ball Ground to wholesale users of water from its system, provided however, that during any grow-in periods for turf planted at the premises, the Landlord, as its contribution to the improvement of the premises, shall provide irrigation water at no charge to Tenant.

 9.  ASSIGNMENT: Either party may assign this lease to a bona fide successor in interest so long as the legal status of such successor remains unchanged, to wit: Landlord may assign its interest only to another political subdivision or entity and Tenant may assign its interest only to another Non-Profit association whose purposes are to operate and manage recreational soccer programs.

10.  ENCUMBRANCE BY TENANT:  Tenant shall not mortgage, pledge or otherwise encumber its interest in this Lease or in the demised premises.

11.  TENANT’S INDEMNIFICATION OF LANDLORD:         Tenant hereby covenants and agrees to indemnify, save and hold harmless the Landlord against any and all losses, damages and expenses incurred or sustained, including attorney’s fees, from the destruction of, and/or injury or damage to life, person or property in or upon the demised premises, or any portion thereof, or growing out of its existence, use or occupancy by Tenant, it being intended that Tenant shall indemnify Landlord from any and all claims, injuries, damages and liabilities by reason of the use or occupancy by Tenant for which Landlord might be held or claimed to be responsible.

12.   RIGHTS CUMULATIVE:            All rights, powers and privileges conferred hereunder upon parties hereto shall be cumulative of, but not restrictive to those given by law.

 13.   TIME:  Time is of the essence of this lease.

14.   SUCCESSORS AND PERMITTED ASSIGNS:            This Lease and all of the covenants, conditions and agreements herein set forth shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

15.   LAW TO GOVERN:  This Agreement shall be governed by and construed according to the laws of the State of Georgia as in existence on the date first above written.

16.   ENTIRE AGREEMENT:              This Lease and Agreement, together with any riders attached hereto forming a part hereof, sets forth all the promises, agreements, conditions, and understandings between the parties hereto, either oral or written.  It is understood and agreed that no subsequent alteration, amendment, change or addition to this Lease shall be binding upon Landlord and Tenant unless reduced to writing by them and by direct reference thereby made a part thereof.

17.   NOTICES:

 A.    Any notice required by any provisions of this Lease shall be by registered or certified mail.  Notice shall be deemed effective as of the date postmarked.

 WHEREAS, Cherokee County and the cities of Ball Ground, Canton, Holly Springs, Waleska and Woodstock, Georgia are committed to reducing the amount of solid waste generated within their jurisdictions in an environmentally safe and cost effective manner by reusing, recycling and composting; and

WHEREAS, Cherokee County and the cities of Ball Ground, Canton, Holly Springs, Waleska and Woodstock, Georgia have compiled, reviewed and modified an update to the Solid Waste Management Plan for Cherokee County; and

 WHEREAS, Cherokee County and the cities of Ball Ground, Canton, Holly Springs, Waleska and Woodstock, Georgia certify that the minimum public participation and other procedural requirements, as identified in the Minimum Planning Standards and Procedures for Solid Waste Management (Chapter 110-4-3), have been met or exceeded in the 2007 – 2018 Solid Waste Management Plan for Cherokee County;

NOW, THEREFORE, BE IT RESOLVED by the Cherokee County Board of Commissioners and the City Councils of Ball Ground, Canton, Holly Springs, Waleska and Woodstock that the document entitled the 2007 – 2018 Cherokee County Solid Waste Management Plan be officially approved and adopted.

SO RESOLVED THIS 13^th DAY OF May, 2010.

RESOLUTION 2010-R08

A RESOLUTION OF THE CITY OF BALL GROUND, GEORGIA AUTHORIZING THE MAYOR OF THE CITY OF BALLGROUND TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENT OF A CHEROKEE COUNTY COMMUNITY DEVELOPMENT BLOCK GRAND PROGRAM FY 2009 CAPITAL PROJECT FOR IMPROVEMENTS TO THE SCHOOL SIDEWALK CONNECTION PROJECT

WHEREAS, it is therefore necessary that he Ball Ground City Council authorize the Mayor of the City of Ball Ground to sign the FY 2009 Subrecipent Agreement and other related documents  between the Cherokee County, Georgia and the City of Ball Ground, and

NOW, THEREFORE, be it resolved by the Mayor and City Council of the City of Ball Ground, Georgia that Mayor Roberts be granted authorization to execute said acceptance documents.

SO RESOLVED, this 13^th day of May, 2010.

Finance – An unaudited report of account balances, statement of revenue and expenditures for the month ended April 30, 2010 was presented by City Administrator Wilmarth.  The report showed cash on deposit totaled $641,133.74

Administrative – City Staff participated in a training session related to the Anti Harassment Policy and Internet & Electronic Communication Policy.

 Water and Sewer – Received verbal notification EPA has awarded the City a grant in the amount of $17,684.00. The grant money will be used to off set the cost of the installation of a new well pump.

During the month of April we produced 4.88 million gallons of water.  Approximately 9,000 gallons of water was purchased from CCWSA.  The loss rate for the month totaled 25%.

 The Georgia Environmental Facilities Authority performed a Sanitary System Survey Inspection of the system during the month of April.  Despite 6 minor deficiencies the Water Department received an outstanding review. 

Roads & Streets – A used hydra hammer has been purchased to help with the compaction of dirt during street repairs.

Public Safety – Chief Davis presented a written report of the department’s activity for          the month ended April 30, 2010.

Mayor Roberts and City Attorney Caudill discussed changing the format of the council        meeting agenda.  No action was taken.

 Council Member Stoner asked if the group of seniors who meet weekly at the Community    Center had been told the proposed renovations was not going to take place. 

City Admin. Wilmarth stated they had been told and they were not happy, Because of         this they are considering moving their meetings to another location.

 Council Member Prettyman stated he had discussed with Fire Chief Dobbs the number of    residents who do not have their street number visible on their houses. 

City Admin. Wilmarth stated an ordinance was adopted by Council several years    ago but             has not been enforced. 

Council Member Prettyman stated residents should be encouraged to comply with the        ordinance because it would aid police, fire and others to more rapidly identify and locate          properties.

City Admin. Wilmarth stated The “Georgia Teen Work” program established with stimulus    money had allowed the City to hire two part time workers for the summer.  The teens who  are between 14 and 18 years will work a maximum of 35 hours a week June 1 – July 31,  2010. The teens will be paid $8.50 per hour by the Georgia Teen Work Program.

 Item 10:  Public Comments

Item 11:  Executive Session (If Needed)

Item 12:  Adjourn There being no further business for Mayor and Council consideration a motion     was duly made and seconded to adjourn the meeting at 9:25 AM.

 The minutes of this May 13, 2010 Meeting of Council will be considered for approval at the July 8, 2010 Council Meeting.

Item 1:  Mayor Roberts Called the December 22, 2009 meeting to order which was delayed from the original scheduled date of December 10, 2009.

 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 and Eric Wilmarth, City Manager, City Clerk Karen L. Jordan

 Item 2:  Pledge of Allegiance

Item 3:  Scheduled Appearances – None

 Item 6:  Old Business

 Item 7:  New Business

RESOLUTION NO. 2009-R08

 A RESOLUTION OF THE City Council of Ball Ground, Georgia. AUTHORIZING the City Planner TO  APPLY FOR A GEORGIA DEPARTMENT OF NATURAL RESOURCES RECREATIONAL TRAILS GRANT.

 WHEREAS, pedestrian trails promote walking, a healthier lifestyle, encourage local business over national chains, and an active, engaged citizenry; and

  WHEREAS, the City of Ball Ground, Georgia wishes to retain its rural small-town feel while incorporating    elements of state-of-the-art land use planning; and

 WHEREAS, the city council wishes to authorize the City Planner to apply for a Recreational Trails Grant      from the Georgia Department of Natural Resources.

NOW THEREFORE, BE IT RESOLVED by the city council of Ball Ground, Georgia

Section 1. The city council of Ball Ground, Georgia authorizes the city planner to apply for a Georgia Department of Natural Resources Recreational Trails Grant.

Section 2. The City Clerk of Ball Ground, Georgia is hereby directed to send copies of this Resolution to  persons as directed by the city council.

APPROVED AND ADOPTED by the city council of Ball Ground, Georgia at the regular meeting  assembled on this 22^nd  day of December, 2009.

Council Member Holcomb put forth a motion, Seconded by Council Member Byrd to authorize Mayor Roberts to execute Resolution 2009-R09, which states the City of Ball Ground has adopted the Cherokee County Hazard Mitigation Strategy.

Motion Approved 5 Yeas

c)       Consider Resolution 2009-R10 AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES TO REGISTER THE CITY OF BALL GROUND WITH THE SYSTEMMATIC ALIEN VERIFICATION FOR ENTITLEMENTS (‘SAVE”) PROGRAM; TO REQUIRE THAT EVERY BUSINESS OR INDIVIDUAL RECEVING A PUBLIC BENEFIT FROM THE CITY OF BALL GROUND FILE AN AFFIDAVIT VERIFYING THEIR ELIGIBILITY TO RECEIVE PUBLIC BENEFITS AS SET FORTH IN THE SAVE PROGRAM BEGINNING JANUARY 1, 2010; AND FOR OTHER PURPOSES

      Council Member Holcomb put forth a motion, Seconded by Council Member Prettyman to authorize Mayor Roberts to execute Resolution 2009-R10, which authorizes Mayor Roberts to enter into a Memorandum of Agreement with the United States Citizenship and Immigration Services to register the City of Ball Ground with the Systemmatic Alien Verification for Entitlements (“Save”) Program; to require that every business or individual receiving a public benefit from the City of Ball Ground file an affidavit verifying their eligibility to receive public benefits as set forth in the “SAVE” Program beginning January 1, 2010   and for other purposes.  Motion Approved 5 Yeas  O Nays

Item 11:  Executive Session (If Needed)

Item 1: Meeting Called to by Mayor Roberts

City Clerk Karen L. Jordan administered oaths of Office to Mayor Rick Roberts and to Post 5 Council Member Mickey O’Malley. Each will serve a four year term.

Council Members Present: Mickey O’Malley, Frank Homiller, Lee Prettyman & Andrenia Stoner

Council Member John Byrd was absent.

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

Item 2: Pledge of Allegiance was led by Council Member Mickey O’Malley

Item 3: Appearances

Jack Hausman – 212 Morningstar Way West addressed Mayor and Council concerning the response time to an incident by the Cherokee County Sheriff’s Department. Due to the delayed response time Mr. Hausman asked Mayor and Council to consider ways to fund the hiring of additional officers to increase coverage by the Police Department.

Mayor Roberts thanked Mr. Hausman for his comments and stated the need to increase the department would be discussed at the 2010 annual planning retreat.

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

City Manager Wilmarth pointed out that the City of Ball Ground will recognize the Martin Luther King, Jr. Holiday on Monday, January 18, 2010. City Hall offices will be closed in recognition of that holiday.

Item 5: Approval of Minutes

a) December 22, 2009 City Council Meeting

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to approve the minutes as submitted in writing by the City Clerk.

Motion Approved 4 Yeas, 0 Nays, 1 Absent

Item 6: Old Business – None

Item 7: New Business

a) Rick Hartley representing Mauldin & Jenkins, LLC – Presentation of Financial Audit for Period Ended June 30, 2009

Rick Hartley, Mauldin & Jenkins, Certified Public Accounts, LLC presented the Annual Financial Report and overview of the City’s financial activities for the fiscal year ended June 30, 2008. He further stated the information contained within the report is accurate in all material respects and is reported in a manner that presents fairly the financial position and results of operations of the various funds of the City.

For the second consecutive year Mr. Hartley presented to Mayor Roberts and City Council the Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year ended June 30, 2008. Mr. Hartley stated that the Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.

Mayor Roberts stated that Ball Ground is one of the smallest city’s to receive this award.

Mr. Hartley and Mayor Roberts thanked Finance Director Donna England along with other Staff Members for their assistance and contribution to the preparation of the report.

(c) Consider Appointment of Mayor Pro Tem

Mayor Roberts requested that Council Members confirm his appointment of Council Member Frank Homiller as Mayor Pro Tem.

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to confirm the appointment of Council Member Homiller as Mayor Pro Tem.

Motion Approved 3 Yeas, 0 Nays, 1 Absent. Council Member Homiller abstained.

Tree Board: Mayor Roberts, Karen L. Jordan, Jerrie Hall & Jennie Byers

Mayor Roberts put forth the following Committee Appointments for Council consideration:

Executive Committee: Mayor Roberts; Chairman, Members Frank Homiller & Eric Wilmarth

Public Safety: John Byrd; Chairman, Members Lee Prettyman and Chief Davis

Parks & Recreation: Mickey O’Malley; Chairman, Members Lee Prettyman & Karen Jordan

Natural & Historic Resources: Andrenia Stoner; Chairman, Members Frank Homiller & Michael Chapman

Public Works: Lee Prettyman; Chairman, Members J. C. Cornett & Frank Homiller

Personnel: Mayor Roberts; Chairman, Members Frank Homiller, Andrenia Stoner & Eric Wilmarth

Finance/HR: Mayor Roberts; Chairman, Members Frank Homiller, Eric Wilmarth & Donna England

WHEREAS, the Mayor and City Council of the City of Ball Ground, Georgia wish to amend an Act providing a new charter for the City of Ball Ground, approved March 28, 1990 (GA. L. 1990, p 4552), as amended, so as to change the corporate limits of the city, to repeal conflicting laws; and for other purposes; and

WHEREAS, the Act providing a new charter for the City of Ball Ground, Georgia approved March 28, 1990 (Ga. L. 1990, p. 4552), as amended, is hereby further petitioned to be amended by the Mayor and City Council of the City of Ball Ground; and

WHEREAS, the Mayor and City Council of the City of Ball Ground herby wishes to annex portions of right-of-way on SR 372 beginning existing city limit sign approximately ______ miles to Etowah River Bridge; and

WHEREAS, said right-of-way on SR 372 is located within the sphere of influence of the City of Ball Ground, Georgia; and

WHEREAS, the property adjacent to the above stated portions of right of way along SR 372 is within the Service Delivery Area of the City of Ball Ground, Georgia; ;

NOW, THEREFORE, be it resolved by the Mayor and City Council of the City of Ball Ground. Georgia that the ______ miles of right-of-way along SR 372 beginning at existing city limit sign approximately ______ miles to the Etowah River Bridge be annexed into the City of Ball Ground, Georgia.

SO RESOLVED, this 14th day of January, 2010.

/s/ Mayor A. R. Roberts, III

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

WHEREAS, the Mayor and City Council of the City of Ball Ground, Georgia wish to amend an Act providing a new charter for the City of Ball Ground, approved March 28, 1990 (GA. L. 1990, p 4552), as amended, so as to change the corporate limits of the city, to repeal conflicting laws; and for other purposes; and

WHEREAS, the Act providing a new charter for the City of Ball Ground, Georgia approved March 28, 1990 (Ga. L. 1990, p. 4552), as amended, is hereby further petitioned to be amended by the Mayor and City Council of the City of Ball Ground; and

WHEREAS, the Mayor and City Council of the City of Ball Ground herby wishes to annex portions of right-of-way on SR 372 beginning at Marion Spence Road approximately ______ miles to Jordan Road; and

WHEREAS, said right-of-way on SR 372 is located within the sphere of influence of the City of Ball Ground, Georgia; and

WHEREAS, the property adjacent to the above stated portions of right of way along SR 372 is within the Service Delivery Area of the City of Ball Ground, Georgia; ;

NOW, THEREFORE, be it resolved by the Mayor and City Council of the City of Ball Ground. Georgia that the ______ miles of right-of-way along SR 372 beginning at Marion Spence Road approximately ______ miles to Jordan Road be annexed into the City of Ball Ground, Georgia.

SO RESOLVED, this 14th day of January, 2010.

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

WHEREAS, H.B. 1756 passed by the Legislature and approved by the Governor on May 17, 2004 effectively amended the charter of the City of Ball Ground and extended the corporate boundaries of the City to include the 4.4 miles of right-of-way along Interstate 575 between Sharp Mountain Creek and the Cherokee/Pickens County line; and

WHEREAS, the Legislature in H.B. 1756, as authorized in O.C.G.A. § 36-32-1, excepted the 4.4 miles of right-of-way along Interstate 575 between Sharp Mountain Creek and the Cherokee/Pickens County line from the jurisdiction of the municipal court of the City of Ball Ground; and

WHEREAS, H.B. 1756 implicitly allows Georgia State Patrol to remain responsible for the patrol of the 4.4 miles of right-of-way along Interstate 575 between Sharp Mountain Creek and the Cherokee/Pickens County line; and

WHEREAS, the Mayor and the City Council of the City of Ball Ground, Georgia offer this Resolution in support of Local Legislation amending the city charter to include the 4.4 miles of right-of-way along Interstate 575 between Sharp Mountain Creek and the Cherokee/Pickens County line within the jurisdiction of the municipal court of the City of Ball Ground; and

WHEREAS, the City of Ball Ground wishes to allow the Georgia State Patrol the continued right, authority, and obligation to patrol the 4.4 miles of right-of-way along Interstate 575 between Sharp Mountain Creek and the Cherokee/Pickens County line, and

NOW, THEREFORE, be it resolved by the Mayor and City Council of the City of Ball Ground,

Georgia that the City of Ball Ground supports the creation and the passage of local legislation amending the charter of the City of Ball Ground to include the 4.4 miles of right-of-way along Interstate 575 between Sharp Mountain Creek and the Cherokee/Pickens County line within the jurisdiction of the municipal court, while allowing the Georgia State Patrol the continued right, authority, and obligation to patrol said area.

SO RESOLVED, this 14th day of January, 2010.

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

Item 8: City Manager Comments

Finance - An unaudited report of account balances, statement of revenue and expenditures for the month ended December 31, 2009 was presented by City Administrator Wilmarth. The report showed cash on deposit totaled $679,729.94.

Mayor and Council were given an outline of proposed budget amendments for the SPLOST account for review. The amendments will be presented at the February council meeting for their consideration.

Streetscape – Landscaping is 100% complete which leaves the gateway arch left to be installed. This should take place within the next few weeks.

Public Safety – A written report of the department’s monthly activity was presented by Chief Davis. The report reflected 458 calls responded to by the department. Chief Davis also presented the department’s year end report. The total calls responded to by the department totaled 4,793.

Parks & Recreation – Construction of a new concession stand at the girl’s softball field is underway.

The architect has completed the plans for the proposed renovation of the Community Center. Those plans are scheduled to be sent to Cherokee County tomorrow for review.

Item 9: Mayor Roberts & City Council Comments

Mayor Roberts and Council Members discussed their annual planning retreat. It was decided the retreat would be held at City Hall on Saturday, February 6. Additional information will be forth coming.

Mayor Roberts announced he would attend the annual GMA Mayor’s Day Conference in Atlanta next weekend. Mayor Roberts encouraged council members to attend training sessions when possible.

Item 10: Public Comments

Item 11: Executive Session (If Needed)

The minutes of this January 14, 2010 Meeting of Council approved this 11th day of February, 2010.

 Item 1:  Mayor Roberts called the meeting to order.

City Clerk Karen Jordan administered the oath of office to John Byrd.  Mr. Byrd will serve a four year term as Post #4 Council Member.

Council Members John Byrd, Frank Homiller, Mickey O’Malley, Lee Prettyman &      Andrenia Stoner were present.

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

Also Present:  Stephanie Joyner (Cherokee Historical Society) and Erika Neldner      (Cherokee Ledger-News)

 Item 2:  Council Member Homiller led the Pledge Allegiance

Item 3:  Scheduled Appearances – None

 Item 5:  Old Business

Item 6:  New Business

WHEREAS, the project shall be know as the Ball Ground Neighborhood Facility Rehabilitation Project, Activity Number CD09-0204, and

 WHEREAS, the Cherokee County Board of Commissioners has appropriated        $85,178.00 from CDBG FY 2009 for award to the City of Ball Ground for the    implementation of activities determined to be CDBG eligible by the County funds, and

WHEREAS, the City of Ball Ground agrees to contribute matching funds at a minimum of   25% of the total project cost, and

WHEREAS, the City of Ball Ground certifies that the matching funds totaling $21,295.00   has been identified as supporting this project as set out within the Cherokee County        Community Development Block Grand Program Capital Project Application and will be    made available as requested.

 NOW, THEREFORE, be it resolved the Mayor and City Council of the City of Ball    Ground, Georgia hereby agrees to enter into a Subrecipent Agreement with the         Cherokee County Board of Commissioners and further agrees to make available             matching funds of $21,295.00 toward the cost of the project, Activity Number CD09-0204.

SO RESOLVED THIS 27^TH DAY OF FEBRUARY, 2010.

b)      Consider Resolution 2010-R05 Authorizing Mayor Roberts execute and all documents related to the acceptance of a Cherokee Co.  CDBG for Community Center Improvements

Mayor Roberts presented Resolution 2010-R05 for Council consideration.

RESOLUTION 2010-R05

A RESOLUTION OF THE CITY OF BALL GROUND, GEORGIA AUTHORIZING THE MAYOR OF   THE CITY OF BALL GROUND TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR    ACCEPTANCE AND IMPLEMENT OF A CHEROKEE COUNTY COMMUNITY DEVELOPMENT  BLOCK GRAND PROGRAM FY 2009 CAPITAL PROJECT FOR IMPROVEMENTS TO THE   BALL GROUND                 COMMUNITY CENTER

WHEREAS, it is therefore necessary that he Ball Ground City Council authorize the  Mayor of the City of Ball Ground to sign the FY 2009 Subrecipent Agreement and other related   documents  between the Cherokee County, Georgia and the City of Ball Ground,  and

NOW, THEREFORE, be it resolved by the Mayor and City Council of the City of Ball              Ground, Georgia that Mayor Roberts be granted authorization to execute said acceptance documents.

SO RESOLVED, this 27th day of February, 2010

 Item 7:  City Manager

Financial Report – An unaudited report of account balances, statement of revenue and      expenditures for the month ended January 31, 2010 was presented by City Administrator        Wilmarth.  The report showed cash on deposit totaled $638,392.87.

Public Safety – Chief Davis presented a written report of the department’s activity for          the month ended March 31, 2010.

Item 8:  Mayor Roberts and City Council

Mayor Roberts announced that Ball Ground Scout Troop #1755 would conduct a tree planting ceremony today on the City Hall grounds at 11 am to commemorate the 100 anniversary of Boy Scouts USA. 

 Item 19:  Public Comments

Item 10:  Executive Session (If Needed)

Item 11:  Adjourn

There being no further business for Mayor and Council consideration a motion was duly made and seconded to adjourn the meeting at 9:25 AM.

The minutes of this February 27, 2010 Meeting of Council approved this 8^th Day of April 2010.

City of Ball Ground, Georgia

Ball Ground City Hall ~ 7:00 P.M.

 OCTOBER 8, 2009

MINUTES

 Item 1:  Mayor Roberts called the September 17, 2009 meeting to order.

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

Council Member John Byrd was absent.

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

 Item 2:  Pledge of Allegiance

Item 3:  Scheduled Appearances – None

Item 4:  Announcements and Informational Items

Item 5:  Approval of Minutes

a)       Consider Approval of September 17, 2009 Minutes

Council Member Homiller put forth a motion, Seconded by Council Member Stoner to approve the minutes of the September 17, 2009 meeting as submitted in writing by the city clerk.

Motion Approved 4 Yeas 0 Nays 1 Absent.

 Item 6:  Old Business

a)      Consider 2^nd Reading of Deannexation Petition submitted by Cherry Grove Properties, LLC  Property

Council Member Holcomb put forth a motion, Seconded by Council Member Homiller to approve the deannexation petition for  37.43 acres located on the east side of Cherry Grove Road.  The property is described as Map Number 04N06A, Parcles 001, 002, 003, 004, 005, 006, 009, 010, 011 & 012.

Motion Approved 4 Yeas, 0 Nays,1 Absent. 

Item 7:  New Business

a)      1^st Reading of Amendment to City of Ball Ground Municipal Code Title 4; Section 4-2-4(B) as Related to Refuse Disposal.

Council Member Prettyman put forth a motion, Seconded by Council Homiller to amend the City of Ball Ground Municipal Code Title 4; Section 4-2-4(b) as Related to Refuse Disposal as stated and in conflict herewith, and for other purposes:  No person shall hereafter establish or operate any new disposal facility without first submitting plans and specifica­tions to the mayor and council and receiving its written approval as regards disposal site, methods of disposal, adequacy of equipment and supervision, and other pertinent matters. Existing disposal facilities shall be operated in such a manner as to prevent nuisance or menace to the public health.

Motion Approved 4 Yeas, 0 Nays, 1 Absent.

b)      Consider Levy Date of Property TaxCouncil Member Homiller put forth a motion, Seconded by Council Member Stoner to levy and provide for the assessment of ad valorem property taxes on all property subject to taxation.  The levy date is November 1, 2009 with taxes due and payable on that date and considered past due as of December 31, 2009.Motion Approved 4 Yeas, 0 Nays, 1 Absent.

 c)       Consider Adoption of Solid Waste STWP

Council Member Homiller put forth a motion, Seconded by Council Member Stoner to adopt the Solid Waste Short Term Waste Program.

Motion Approved 4 Yeas, 0 Nays, 1 Absent.

 d)      Consider Adoption of Solid Waste

Council Member Homiller put forth a motion, Seconded by Council Member Prettyman to adopt the Solid Waste Management Plan as submitted.

Motion Approved 4 Yeas, 0 Nays, 1 Absent.

 e)      Consider Zoning Application submitted by COMA Properties, Inc.

Mayor Roberts presented the case for Council comments and consideration.

 Council Member Prettyman stated that he and Council Members Stoner and Byrd attended the Cherokee County Planning Commission on October 6, 2009, at which time this case was presented to the Planning Commission.  Upon review it is their recommendation that Council approve an R-40 zoning rather than the requested R-20.

 Council Member Prettyman put forth a motion, Seconded by Council Member Homiller to approve the R-40 zoning as recommended by the Cherokee County Planning Commission.

Motion Approved 3 Yeas, 0 Nays, 1 Absent.  Council Member Ashley Holcomb abstained.

 f)        Consider Permit Fee for Solid Waste Haulers

City Administrator Wilmarth stated that Chapter 2, Section 4-2-5(a) of the City of Ball Ground Municipal Code states the following:  No private contractor shall collect, scavenge and/or dispose of refuse or salvage any component thereof within the city unless he holds an unrevoked permit form the mayor and council.  Only private contractors who comply with the requirements of this chapter shall be entitled to receive and retain such a permit.  The fee for the permit shall be established from time to time by the mayor and council.  City Administrator stated that at no time has Mayor and Council ever established a fee, but felt it necessary for them to do so at this time.  By establishing a fee each hauling company will have to register their company with the city.  This will enable the city to tract the amount of trash pickup within the city. 

 City Administrator Wilmarth posed several options for Council consideration.  Following Council discussion, Council Member Homiller put forth a motion, Seconded by Council Member Holcomb to impose a rate structure based on the number of employees as stated in Section 7-1-4 (b) Occupation Tax Schedule of the City of Ball Ground Municipal Code.

Motion Approved 4 Yeas, 0 Nays 1 Absent.

 g)      Consider Resolution 2009-R04 Authorizing the Executive Legislative Body to Apply for and Accept a GATEway Grant from the Georgia Department of Transportation.

Upon a Motion by Council Member Homiller, Seconded by Stoner the following resolution was adopted and approved for Mayor Roberts to sign.

Motion Approved 4 Yeas, 0 Nays, 1 Absent.

City of Ball Ground

State of Georgia 

RESOLUTION NO. 2009-R04

 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALL GROUND AUTHORIZING THE TO APPLY FOR AND ACCEPT A GATEway GRANT. UPON AWARD OF THE GRANT, THE BALL GROUND CITY COUNCIL SHALL ENTER INTO A MOWING AND MAINTENANCE AGREEMENT WITH THE GEORGIA DEPARTMENT OF TRANSPORTATION.

 WHEREAS, many roadside areas and median strips within Department of Transportation rights of way must be maintained and attractively landscaped; and

 Whereas, the City Council of the City of Ball Ground beautify and improve various rights of way by landscaping within the City of Ball Ground; and

 Whereas, the City Council of the City of Ball Ground wish to authorize the Grant Applicant to apply  for a GATEway Grant from the Georgia Department of Transportation, and if awarded, to enter into a Mowing and  Maintenance Agreement between City of Ball Ground and the Georgia Department of Transportation.

 NOW THEREFORE,

BE IT RESOLVED by the City Council of the City of Ball Ground

Section 1. The City Council of the City of Ball Ground hereby authorizes the Grant Applicant to apply   for a GATEway Grant. Upon award of the grant, the City of Ball Ground shall enter into a Mowing and Maintenance Agreement between the City of Ball Ground and the Georgia Department of Transportation.

Section 2. The City/County Clerk of City of Ball Ground is hereby directed to send copies of this Resolution to the Department of Transportation and all other persons as directed by the City Council.

APPROVED AND ADOPTED by the City Council of the City of Ball Ground at the regular meeting assembled this 8^th day of October, 2009.

Mayor of the City of Ball Ground

                                                            BY:_____________________________________

/s/ A.R. Roberts III – Mayor

ATTEST:

 _______________________________

/s/ Karen Jordan – City Clerk

 Item 8:  Report by City Administrator Eric Wilmarth

Financial Report – An unaudited report of account balances, statement of revenue and expenditures for the month ended September 30, 2009 was presented by City Administrator Wilmarth.  The report showed cash on deposit totaled $619,045.73.

 Water & Sewage – High maintenance and maintenance cost plagued the sewer system again this month.  A request has been sent to G. Ben Turnipseed Engineers to design a pump conversion from HOMA to FLYGT at one of the lift stations. 

 Water loss for the month of September is estimated at approximately 1.4 million.  Staff continues to search leaks. 

 The installation of a new pump at the well house is 100% complete.  We are now supplying 99.9% of our customer base rather than 75% before the new pump was installed.  This will result in less water we have to purchase from CCWSA.

 Roads/Streets/Streetscape

The Streetscape Project continues to be plagued with problems therefore the completion date has once again been delayed.

            Parks and Recreation – Notice has been received from County Manager Jerry Cooper that the City of Ball Ground will receive a check for $38,000.00 to construct a new concession stand at the girl’s softball field.  Also noted the county will be advertising for bids to construct two new batting cages at the baseball field and new fencing and dugouts for the softball field.

 Public Safety – A written report of the department’s activity was presented by Chief Davis. The report reflected 469 calls responded to by the department. 

 Item 9:  Comments by Mayor Roberts and City Council

Council Member Homiller suggested area banks be contacted to solicit a higher interest rate that we are presently receiving on the accounts we have on deposit. 

 Council Member Homiller also asked City Administrator for an update on the filing of fifa’s for delinquent property taxes. 

 City Administrator Wilmarth stated he is to meet with the Cherokee County Tax Commissioner to discuss the process the county follows and will provide updates as they become available.

 Mayor Roberts stated that when the streetscape project is complete he would like to have a street party.  He further commented on the number of positive comments he receives about the streetscape project.

 Council Members Prettyman commented on the amount of property recently purchased by the Cherokee County Board of Commissioners for parks.   Mayor Roberts and remaining Council Members also commented on this subject.  Following discussion Council Member Homiller put forth a motion, Seconded by Council Member Holcomb to approve the following Resolution NO. 2009-06: 

Motion Approved 5 Yeas, 0 Nays, 1 Absent.

 City of Ball Ground

State of Georgia

 RESOLUTION NO. 2009-R06

 WHEREAS, the Mayor and the City Council of the City of Ball Ground, Georgia wish to issue this resolution of support for the Cherokee County Board of Commissioners for its commitment to improving the quality and quantity of parks, recreation facilities and undeveloped green space in Cherokee County.; and

           WHEREAS, the City of Ball Ground recognizes the inherent value that parks provide the citizens of Cherokee County; and

 WHEREAS, the City of Ball Ground, with its natural beauty, revitalized downtown, and overall quality of life, is a growing municipality within Cherokee County; and  

 WHEREAS, the City of Ball Ground and nearby areas offers many sites which are ideal locations for a variety of recreational and preservation uses; and

 WHEREAS, additional park and recreational facilities and undeveloped green space within and near the City of Ball Ground would not only enhance the quality of life for residents of the City, but would additionally enhance the quality of life for all who reside in Northern Cherokee County; and

 WHEREAS, the governing body of the  City of Ball Ground wishes to encourage the Cherokee County Board of Commissioners to consider the acquisition of land within or adjacent the City of Ball Ground for future park, open space and recreation facilities.

            NOW THEREFORE BE IT RESOLVED that the Mayor and City Council of the City of Ball Ground hereby supports the efforts of the Cherokee County Board of Commissioners to further enhance the quality of life for the residents of Cherokee County through the acquisition of land for parks, recreation facilities, and perpetual green space. 

BE IT FUTHER RESOLVED that the City of Ball Ground encourages the Cherokee County Board of Commissioners to consider acquiring appropriate properties for these purposes within or in close proximity to the City of Ball Ground.

            THEREORE BE IT RESOLVED, this 8^th day of October, 2009.

Mayor of the City of Ball Ground

                                                            BY:_____________________________________

/s/ A.R. Roberts III – Mayor

ATTEST:

________________________________

/s/ Karen Jordan – City Clerk

 Item 10:  Public Comments – NONE

 Item 11:  Executive Session (If Needed)

 Item 12:  Adjourned

There being no further business for Council consideration a motion was duly made and seconded to adjourn at 8:05PM

 The minutes of this October 8, 2009 Meeting of Council will be considered for approval at the November 12, 2009 Meeting of Council.

 ___________________________                _____________________________

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

City of Ball Ground, Georgia

Ball Ground City Hall ~ 7:00 P.M.

OCTOBER 8, 2009

MINUTES

Item 1: Mayor Roberts called the September 17, 2009 meeting to order.

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

Council Member John Byrd was absent.

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

Item 2: Pledge of Allegiance

Item 3: Scheduled Appearances – None

Item 4: Announcements and Informational Items

Item 5: Approval of Minutes

a) Consider Approval of September 17, 2009 Minutes

Council Member Homiller put forth a motion, Seconded by Council Member Stoner to approve the minutes of the September 17, 2009 meeting as submitted in writing by the city clerk.

Motion Approved 4 Yeas 0 Nays 1 Absent.

Item 6: Old Business

a) Consider 2nd Reading of Deannexation Petition submitted by Cherry Grove Properties, LLC Property

Council Member Holcomb put forth a motion, Seconded by Council Member Homiller to approve the deannexation petition for 37.43 acres located on the east side of Cherry Grove Road. The property is described as Map Number 04N06A, Parcles 001, 002, 003, 004, 005, 006, 009, 010, 011 & 012.

Motion Approved 4 Yeas, 0 Nays,1 Absent.

Item 7: New Business

a) 1st Reading of Amendment to City of Ball Ground Municipal Code Title 4; Section 4-2-4(B) as Related to Refuse Disposal.

Council Member Prettyman put forth a motion, Seconded by Council Homiller to amend the City of Ball Ground Municipal Code Title 4; Section 4-2-4(b) as Related to Refuse Disposal as stated and in conflict herewith, and for other purposes: No person shall hereafter establish or operate any new disposal facility without first submitting plans and specifica¬tions to the mayor and council and receiving its written approval as regards disposal site, methods of disposal, adequacy of equipment and supervision, and other pertinent matters. Existing disposal facilities shall be operated in such a manner as to prevent nuisance or menace to the public health.

Motion Approved 4 Yeas, 0 Nays, 1 Absent.

b) Consider Levy Date of Property Tax

Council Member Homiller put forth a motion, Seconded by Council Member Stoner to levy and provide for the assessment of ad valorem property taxes on all property subject to taxation. The levy date is November 1, 2009 with taxes due and payable on that date and considered past due as of December 31, 2009.

Motion Approved 4 Yeas, 0 Nays, 1 Absent.

c) Consider Adoption of Solid Waste STWP

Council Member Homiller put forth a motion, Seconded by Council Member Stoner to adopt the Solid Waste Short Term Waste Program.

Motion Approved 4 Yeas, 0 Nays, 1 Absent.

d) Consider Adoption of Solid Waste

Council Member Homiller put forth a motion, Seconded by Council Member Prettyman to adopt the Solid Waste Management Plan as submitted.

Motion Approved 4 Yeas, 0 Nays, 1 Absent.

e) Consider Zoning Application submitted by COMA Properties, Inc.

Mayor Roberts presented the case for Council comments and consideration.

Council Member Prettyman stated that he and Council Members Stoner and Byrd attended the Cherokee County Planning Commission on October 6, 2009, at which time this case was presented to the Planning Commission. Upon review it is their recommendation that Council approve an R-40 zoning rather than the requested R-20.

Council Member Prettyman put forth a motion, Seconded by Council Member Homiller to approve the R-40 zoning as recommended by the Cherokee County Planning Commission.

Motion Approved 3 Yeas, 0 Nays, 1 Absent. Council Member Ashley Holcomb abstained.

f) Consider Permit Fee for Solid Waste Haulers

City Administrator Wilmarth stated that Chapter 2, Section 4-2-5(a) of the City of Ball Ground Municipal Code states the following: No private contractor shall collect, scavenge and/or dispose of refuse or salvage any component thereof within the city unless he holds an unrevoked permit form the mayor and council. Only private contractors who comply with the requirements of this chapter shall be entitled to receive and retain such a permit. The fee for the permit shall be established from time to time by the mayor and council. City Administrator stated that at no time has Mayor and Council ever established a fee, but felt it necessary for them to do so at this time. By establishing a fee each hauling company will have to register their company with the city. This will enable the city to tract the amount of trash pickup within the city.

City Administrator Wilmarth posed several options for Council consideration. Following Council discussion, Council Member Homiller put forth a motion, Seconded by Council Member Holcomb to impose a rate structure based on the number of employees as stated in Section 7-1-4 (b) Occupation Tax Schedule of the City of Ball Ground Municipal Code.

Motion Approved 4 Yeas, 0 Nays 1 Absent.

g) Consider Resolution 2009-R04 Authorizing the Executive Legislative Body to Apply for and Accept a GATEway Grant from the Georgia Department of Transportation.

Upon a Motion by Council Member Homiller, Seconded by Stoner the following resolution was adopted and approved for Mayor Roberts to sign.

Motion Approved 4 Yeas, 0 Nays, 1 Absent.

STATE OF GEORGIA

COUNTY OF CHEROKEE

CITY OF BALL GROUND

RESOLUTION NO. 2009-R06

WHEREAS, the Mayor and the City Council of the City of Ball Ground, Georgia wish to issue this resolution of support for the Cherokee County Board of Commissioners for its commitment to improving the quality and quantity of parks, recreation facilities and undeveloped green space in Cherokee County.; and

WHEREAS, the City of Ball Ground recognizes the inherent value that parks provide the citizens of Cherokee County; and

WHEREAS, the City of Ball Ground, with its natural beauty, revitalized downtown, and overall quality of life, is a growing municipality within Cherokee County; and

WHEREAS, the City of Ball Ground and nearby areas offers many sites which are ideal locations for a variety of recreational and preservation uses; and

WHEREAS, additional park and recreational facilities and undeveloped green space within and near the City of Ball Ground would not only enhance the quality of life for residents of the City, but would additionally enhance the quality of life for all who reside in Northern Cherokee County; and

WHEREAS, the governing body of the City of Ball Ground wishes to encourage the Cherokee County Board of Commissioners to consider the acquisition of land within or adjacent the City of Ball Ground for future park, open space and recreation facilities.

NOW THEREFORE BE IT RESOLVED that the Mayor and City Council of the City of Ball Ground hereby supports the efforts of the Cherokee County Board of Commissioners to further enhance the quality of life for the residents of Cherokee County through the acquisition of land for parks, recreation facilities, and perpetual green space.

BE IT FUTHER RESOLVED that the City of Ball Ground encourages the Cherokee County Board of Commissioners to consider acquiring appropriate properties for these purposes within or in close proximity to the City of Ball Ground.

THEREORE BE IT RESOLVED, this 8th day of October, 2009.

Mayor of the City of Ball Ground

BY:_____________________________________

/s/ Mayor A. R. Roberts, III

ATTEST:

________________________________

/s/ Karen Jordan – City Clerk

Item 8: Report by City Administrator Eric Wilmarth

Financial Report – An unaudited report of account balances, statement of revenue and expenditures for the month ended September 30, 2009 was presented by City Administrator Wilmarth. The report showed cash on deposit totaled $619,045.73.

Water & Sewage – High maintenance and maintenance cost plagued the sewer system again this month. A request has been sent to G. Ben Turnipseed Engineers to design a pump conversion from HOMA to FLYGT at one of the lift stations.

Water loss for the month of September is estimated at approximately 1.4 million. Staff continues to search leaks.

The installation of a new pump at the well house is 100% complete. We are now supplying 99.9% of our customer base rather than 75% before the new pump was installed. This will result in less water we have to purchase from CCWSA.

Roads/Streets/Streetscape

The Streetscape Project continues to be plagued with problems therefore the completion date has once again been delayed.

Parks and Recreation – Notice has been received from County Manager Jerry Cooper that the City of Ball Ground will receive a check for $38,000.00 to construct a new concession stand at the girl’s softball field. Also noted the county will be advertising for bids to construct two new batting cages at the baseball field and new fencing and dugouts for the softball field.

Public Safety – A written report of the department’s activity was presented by Chief Davis. The report reflected 469 calls responded to by the department.

Item 9: Comments by Mayor Roberts and City Council

Council Member Homiller suggested area banks be contacted to solicit a higher interest rate that we are presently receiving on the accounts we have on deposit.

Council Member Homiller also asked City Administrator for an update on the filing of fifa’s for delinquent property taxes.

City Administrator Wilmarth stated he is to meet with the Cherokee County Tax Commissioner to discuss the process the county follows and will provide updates as they become available.

Mayor Roberts stated that when the streetscape project is complete he would like to have a street party. He further commented on the number of positive comments he receives about the streetscape project.

Council Members Prettyman commented on the amount of property recently purchased by the Cherokee County Board of Commissioners for parks. Mayor Roberts and remaining Council Members also commented on this subject. Following discussion Council Member Homiller put forth a motion, Seconded by Council Member Holcomb to approve the following Resolution NO. 2009-06:

Motion Approved 5 Yeas, 0 Nays, 1 Absent.

RESOLUTION NO. 2009-R06

WHEREAS, the Mayor and the City Council of the City of Ball Ground, Georgia wish to issue this resolution of support for the Cherokee County Board of Commissioners for its commitment to improving the quality and quantity of parks, recreation facilities and undeveloped green space in Cherokee County.; and

WHEREAS, the City of Ball Ground recognizes the inherent value that parks provide the citizens of Cherokee County; and

WHEREAS, the City of Ball Ground, with its natural beauty, revitalized downtown, and overall quality of life, is a growing municipality within Cherokee County; and

WHEREAS, the City of Ball Ground and nearby areas offers many sites which are ideal locations for a variety of recreational and preservation uses; and

WHEREAS, additional park and recreational facilities and undeveloped green space within and near the City of Ball Ground would not only enhance the quality of life for residents of the City, but would additionally enhance the quality of life for all who reside in Northern Cherokee County; and

WHEREAS, the governing body of the City of Ball Ground wishes to encourage the Cherokee County Board of Commissioners to consider the acquisition of land within or adjacent the City of Ball Ground for future park, open space and recreation facilities.

NOW THEREFORE BE IT RESOLVED that the Mayor and City Council of the City of Ball Ground hereby supports the efforts of the Cherokee County Board of Commissioners to further enhance the quality of life for the residents of Cherokee County through the acquisition of land for parks, recreation facilities, and perpetual green space.

BE IT FUTHER RESOLVED that the City of Ball Ground encourages the Cherokee County Board of Commissioners to consider acquiring appropriate properties for these purposes within or in close proximity to the City of Ball Ground.

THEREORE BE IT RESOLVED, this 8th day of October, 2009.

Mayor of the City of Ball Ground

BY:_____________________________________

/s/ A.R. Roberts III – Mayor

ATTEST:

________________________________

/s/ Karen Jordan – City Clerk

Item 10: Public Comments – NONE

Item 11: Executive Session (If Needed)

Item 12: Adjourned

There being no further business for Council consideration a motion was duly made and seconded to adjourn at 8:05PM

The minutes of this October 8, 2009 Meeting of Council will be considered for approval at the November 12, 2009 Meeting of Council.

____________________________ _____________________________

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

September 17, 2009

Item 1: Mayor Roberts called the September 17, 2009 meeting to order.

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

Council Member Ashley Holcomb was absent.

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

Item 2: Pledge of Allegiance

Item 3: Scheduled Appearances
Mayor welcomed Mickey O’Malley and his wife Bess to the meeting. Mr. O’Malley will be sworn in as a new council member in January to fill the seat of Council Member Ashley Holcomb.

Item 4: Announcements and Informational Items
City Administrator Wilmarth announced the following:
• Annual financial audit began on Monday.
• Council Members were invited to attend the Eagle Scout Court of Honor for Cole Edgar to be held on October 3, 2009 at 10:30 AM in Calvin Farmer Park.

Item 5: Approval of Minutes
a) Consider Approval of August 13, 2009 Minutes
A motion by Council Member Homiller, Seconded by Council Member Stoner to approve the minutes of the August 13, 2009 Council Meeting as submitted in writing by the City Clerk.
Motion Approved 4 Yeas 0 Nays 1 Absent.

Item 6: Old Business
a) Consider 2nd Reading of Reading of An Ordinance Authorizing the Cherokee County Board of Elections to Conduct City Elections.

Council Member Stoner put forth a motion to approve the 2nd reading An Ordinance Authorizing the Cherokee County Board of Elections to Conduct City Elections.

This motion did not receive a second. Motion dies.

Mayor and Council discussed the proposed ordinance.

Council Member Homiller put forth a motion, Seconded by Council Member Stoner to table the adoption of the ordinance for 60 days.

Motion Approved 4 Yeas 0 Nays 1 Absent.

b) Consider 2nd Reading of Annexation Petition 2009-A02 Submitted by Cherokee County Board of Education. The property consists of 10.22 Acres located at 185 Old Canton Road. The property is described as Cherokee County, Georgia and further described as Cherokee County Tax Map 94N03, Parcel 008. The property is presently zoned R-40.

Council Member Homiller put forth a motion, Seconded by Council Member Byrd to accept the second reading of Annexation Petition 2009-A02 submitted by the Cherokee County Board of Education for 10.22 acres located on Old Canton Rd.
Motion Approved 4 Yeas 0 Nays 1 Absent.

Item 7: New Business
a) Consider Adoption of Memorandum of Understanding (MOU) for the 2007-2018 Cherokee Co. Solid Waster Management Plan between Cherokee County and the Cities of Ball Ground, Canton, Holly Springs, Waleska and Woodstock, Georgia

Cherokee County Principal Planner Margaret Stallings appeared before Mayor and Council to outline the proposed Cherokee County Solid Waste Management Plan of which the City of Ball Ground is a party to.

Mayor and Council discussed the proposed plan.

Following discussion Council Member Homiller put forth a motion, Seconded by Council Member Prettyman to enter into the Memorandum of Understanding for the 2007-2018 Cherokee County Solid Waste Management Plan Between Cherokee County, Georgia and the Cities of Ball Ground, Canton, Holly Springs, Waleska and Woodstock, Georgia.
Motion Approved 4 Yeas 0 Nays 1 Absent.

City Administrator Wilmarth stated that Mayor and Council Members should attend the Joint Public Hearing to be held on October 6, 2009 at the Cherokee County Commission Chambers.

b) Consider Deannexation Petition submitted by Cherry Grove Properties, LLC Property
Mayor Roberts presented the petition for Council consideration.

City Administrator Wilmarth stated Mr. Dale Turner submitted the request for deannexation of 37.43 acres located on the east side of Cherry Grove Road. The property is described as Map Number 04N06A, Parcles 001, 002, 003, 004, 005, 006, 009, 010, 011 & 012.

Mayor and Council discussed the petition.

Council Member Byrd put forth a motion, Seconded by Council Member Homiller to accept the first reading of the deannexation petition as submitted by Cherry Grove Properties.
Motion Approved 4 Yeas 0 Nays 1 Absent.

 c) Discussion/Schedule Public Hearing concerning the renaming of Gilmer Ferry Road.
Mayor Roberts presented for discussion.

Following Council discussion, Council Member Homiller put forth a motion, Seconded by Council Member Prettyman to conduct a public hearing on October 8 at 6:30 PM to obtain public input concerning the renaming of Gilmer Ferry Rd.

d) Discussion of 2009 Property Tax Millage Rate and scheduling of possible hearings related to setting of Millage rate.
Mayor Roberts stated the Council had several options:
• Set the millage rate at 5.194, which would be considered “revenue neutral”. Mayor Roberts stated that this is neither a tax increase nor decrease.
• Set the millage rate at 5.121, which is a tax decrease of 1.4%, even though it is the same rate we had last year.
• Set a millage rate of 6 mills, which would be a tax increase of 15.52%.

Hearing those options Council Member Homiller put forth a motion, seconded by Council Member Prettyman to set the Millage rate at 5.194 to remain revenue neutral.
Motion Approved 4 Yeas 0 Nays 1 Absent.

Mayor Roberts stated that so much has already been cut from the budget. We are operating the city to the bear bone. $5,000.00 would be another significant shortfall.

Council Member Homiller then put forth a motion; Seconded by Council Member Prettyman to fi fa all delinquent tax parcels that owes in excess of $100.00 either as individual parcels or as combined ownership.
Motion Approved 4 Yeas 0 Nays 1 Absent.

Item 8: Report by City Administrator Eric Wilmarth
Financial Report – An unaudited report of account balances, statement of revenue and expenditures for the month ended August 31, 2009 was presented by City Administrator Wilmarth. The report showed cash on deposit totaled $643,845.54.

Efforts to refinance City Hall have ceased. Staff has been unable to secure a bank willing to finance past a fifteen year period.

Administrative – City Clerk Karen Jordan and City Planner Michael Chapman are working with the Census Division to ensure that the City’s population is accurately counted during the 2010 Census count.

City Administrator Wilmarth stated he is registered to participate in a Webinar on the SAVE Program. He stated that GMA is encouraging all cities to become compliant with O.C.G.A.§50-36-1, which requires cities to participate in the federal Systematic Alien Verification for Entitlement (SAVE) Program. The city is already participating in the E- verify program. SAVE, however, is a different federal program used to verify that applicants for certain “public benefits” are legally present in the United States.

Water and Sewage Department – The Water System produced 4.3 million gallons of water for the month of August. An additional 1.5 million was purchased from the CCWSA. Sales totaled 4.3 million leaving us with a loss rate of 25% for the month. Several leaks accounted for approximately 8% of the 25% loss.

Roads, Streets and Streetscapes – Streetscapes continue to be behind schedule. The contractor is awaiting the arrival of a specialty cap block for the plaza area. Once the materials arrive, the contractor has stated he would have one week of work remaining.

Planning and Zoning – Karen Lance of Coma Properties, Inc. has submitted an application for the rezoning of 55.73 acres located at 1355 Ball Ground Rd, Ball Ground GA 30107. The application has been submitted to the Cherokee County Planning and Zoning Department for consideration.

A hearing is scheduled for Tuesday, October 6, 2009 at 7:00 PM in the Board of Commissioners Chambers. City Administrator Wilmarth stated that at least 3 members of council must be present at the meeting. Mayor and Council will make a final decision on the request at their October 8, 2009 meeting.

Public Safety – Chief Davis presented a written report of the department’s activity for the month ended August 31, 2009 for Mayor and Council review. The report showed the Department to be investigating two thefts.

Parks and Recreation – The Ball Ground Business Association provided a free movie night to area residents in Calvin Farmer Park on August 29. Attendance was estimated to exceed 500.

On September 12, 2009, Ball Ground Grill did a cooking demonstration in the Downtown Park in addition to sponsoring a concert in the park. This event was a great success and benefit to the downtown businesses.

Item 9: Comments by Mayor Roberts and City Council
Mayor Roberts commented on his visit to Heritage Park located in Canton. He told Council that his future vision was to have a walking trail and bike path down the Valley Street Corridor and that he was willing to do put together a plan and make it happen.

Council Member Prettyman agreed with Mayor Roberts on the necessity for the walking paths.

Council Members Prettyman and Byrd also commended the Business Association on their work in putting together the movie night.

tem 10: Public Comments – None
Item 11: Executive Session (If Needed)
Item 12: Adjourn
There being no further business for Council consideration a motion was duly made and seconded to adjourn at 8:30 PM

The minutes of this September 17, 2009 Meeting of Council will be considered for approval at the October 8, 2009 Meeting of Council.

____________________________ _____________________________
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

MINUTES
January 8, 2009

Item 1:  Meeting Called to Order by Mayor Roberts

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

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

Item 2:  Pledge of Allegiance led by Mayor Roberts

Item 3:    Appearances
1) Stephen Causby of the Atlanta Regional Commission Community Choices Program to present draft of Sign and Tree Ordinance.
Mr. Stephen Causby from the Atlanta Regional Commission (ARC) address Mayor and Council regarding the new proposed Tree Ordinance and Sign Ordinance.  Mr. Causby provided a brief overview to Mayor and Council in comparing the new proposed ordinances to the existing ordinances and to the Cherokee County ordinances.  Mayor Roberts thanked Mr. Causby for his work and let him know that a work session would be schedule in early March to allow council to review each ordinance in depth.

2) Laura St. Onge to speak in regards of Agenda Item 6 (b).
Ms. Laura St. Onge addressed the City Council regarding agenda item 6.(b) pertaining to the discharge of firearms in the City Limits.  Ms. St. Onge urged the council to leave the  ordinance unchanged, and continue the ban on the discharge of firearms in the City Limits.

3) Mike Malone to speak in regards of Agenda Item 6(b).
Mr. Mike Malone addressed the City Council also regarding agenda item 6.(b), again urging the City Council to keep the ordinance in its current form, prohibiting the discharge of firearms in the City Limits.

Item 4:  Announcements:
City Administrator Wilmarth announced that the City Hall would be closed on January 19th, 2009 in observance the Martin Luther King Jr’s birthday.

Item 5:  Approve Minutes.
Council Member Stoner put forth a motion, Seconded by Council Member Holcomb to approve the minutes of the December 11, 2008 meeting of Council as submitted in writing by the City Clerk.
Motion Unanimously Approved 5 Yeas, 0 Nays

Item 6:  Old Business
(a)  Consider 2nd Reading of Application for Alcohol Pouring License for Ball Ground Grill located at 250 Gilmer Ferry Road.
Council Member Holcomb put forth a motion, Seconded by Council Member Prettyman to approve the second reading and grant the pouring license for Ball Ground Grill.  Motion Approved 5 Yeas, 0 Nays.

(b) Report from Public Safety Committee Regarding Request to Consider Amendment to City of Ball Ground Municipal Code Title 9, Chapter 1, Section 9-1-5, Weapons Discharged in the City.
Council Member Byrd, Chairman of the Public Safety Committee, put forth a motion, seconded by Council Member Prettyman, also a member of the Public Safety Committee, to leave Section 9-1-5 of the Municipal Code unchanged as it pertains to the discharge of firearms in the City Limits.  Motion Approved 5 Yeas, 0 Nays.

Item 7:  New Business
(a)  Consider Appointment of Mayor Pro Tem.
Mayor Roberts requested that the City Council confirm his appointment of Council Member Frank Homiller as Mayor Pro Tem.  Council Member Prettyman put forth a motion, seconded by Council Member Stoner to confirm the appointment of Council Member Homiller as Mayor Pro Tem.
Motion Approved 4 Yeas, 0 Nays, with Council Member Homiller abstaining.

(b)  Consider Appointment of 2009 Department Heads, Committees and Board Members
Mayor Roberts recommended the following appointments for council approval.

City Clerk                    Karen L. Jordan
Elections Superintendent            Karen L. Jordan
Chief of Police                    Dana Davis
Clerk of Court                    Doreen Hobbs
Assistant Clerk of Court                Karen L. Jordan
Municipal Court Judge                Gary Markwell
Associate Municipal Court Judge        Robert Dyer
City Attorney                    Roach, Caudill & Gunn
City Auditor                    Mauldin & Jenkins

Mayor Roberts recommended the following board appointments for council approval.

Zoning Board of Appeals:    David Kubala, Daniel Sisson, Scott Barnes, Judson Roberts & Sandy Klaesius.

Tree Board:  Karen L. Jordan, Jerrie Hall, Jennie Byers & Mayor Roberts

Downtown Development Authority:     Reappoint Judson Roberts & Brent Richardson for a Period of 4 years.

A motion was put forth by Council Member Holcomb, seconded by Council Member Stoner to approve the appointments put forth by Mayor Roberts.
Motion Approved 5 Yeas and 0 Nays.

(c)  Consider Motion to Approve Fixing and Advertising of Qualifying Fees for upcoming 2009 City General Election for Mayor and 2 Council Seats pursuant to O.C.G.A. 21-2-131(1)(a).
A motion was put forth by Council Member Stoner, seconded by Council Member  Holcomb to set the qualifying fee for the office of Mayor at $108 and at $35 for the office of Council Member.  Motion Approved 5 yeas, 0 Nays.

(d)  1st Reading of Annexation Petition 2009-A01 North Ball Ground, LLC, Application.
Council Member Holcomb announced that he had a personal conflict with this application and would not be taking part in the discussion or in the subsequent vote.

A motion was put forth by Council Member Homiller, seconded by Council Member Prettyman to approve the first reading.
Motion Approved 4 Yeas, 0 Nays with Council Member Holcomb abstaining.

Item 8:  City Manager Comments
Mr. Wilmarth provided Mayor and Council with verbal report regarding the financial condition and daily operations of the City as well as project updates.  Each Council Member was provided with a complete financial report in writing for the period ending December 31, 2008.

Item 9:  Mayor Roberts and City Council Comments.
Mayor Roberts encouraged Council Members to attend the Mayors Day training taking place January 24th – 26th.

Mayor Roberts asked Council Member Prettyman to prepare a plan pertaining to Parks and Recreation needs to submit to Cherokee County for consideration.

Item 10.  Public Comment.
Mr. Mike Malone thanked the Mayor and Council for not changing the City Ordinance pertaining to the discharge of firearms in the City Limits.

Item 11.  Executive Session – None

Item 12:  Adjourn
There being no further business for Mayor and Council consideration a motion was duly made and seconded to adjourn at approximately 8:10 PM.

The minutes of this January 8, 2009 Meeting of Council is subject to approval at the February 12, 2009 City Council Meeting.

________________________          __________________________
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