Please excuse the inconvenience Monday and Tuesday, May 14 & 15.  The paving crew will be resurfacing Cherokee Village Drive.  If you have any questions, please call 770-735-2123.

Regular Meeting of the Mayor and City Council
City of Ball Ground, Georgia
Ball Ground City Hall ~ 7:00 P.M.
AGENDA
May 10, 2012

Georgia Cities Week April 22-28.

Ball Ground officials announced the City will be celebrating “Georgia Cities Week” April 22-28, 2012.  The City will be holding a variety of events on Wednesday, April 25, 2012.  The theme of this year’s Georgia Cities Week is “The Magic of Cities”, show casing how cities, through the services they provide and the quality of life they create, transform lives and businesses. 

“We’re very proud of our City and the services we provide that make it attractive to residents and visitors,” said Mayor Rick Roberts.  “Cities provide the infrastructure for growing businesses, quality of life for individuals and families and are a gathering spot for people throughout the regions.”

 On Wednesday, April 25, 2012, beginning at 10:00 AM the fifth grade classes from Ball Ground Elementary School will visit City Hall to participate in a Mock City Council Meeting.  Mayor Roberts and the City Council will talk with the students about the roll the Mayor and Council have in local government.   The Ball Ground Police and Fire Departments will also be on hand to discuss public safety with the kids and city residents who stop by. 

 A display of old photos from days gone by of the City of Ball Ground will be displayed throughout City Hall.

 In conjunction with this event, The Ellijay Telephone Company will host their Annual Customer Appreciation Bar-B-Q lunch on Wednesday, April 25, 2012 from 11:00AM to 2:00PM in the City Hall Parking Lot.

 City Residents are invited to drop by for lunch and to learn more about the place where they live, work and play!

Up Coming Events

Mayor and City Council will hold their 2012 Annual Planning Retreat this Saturday, February 4, 2012 at the Northside Hospital-Cherokee Conference Center. The Conference Center is located at 1130 Bluffs Parkway, Canton, Ga. The retreat will be held from 8:30 AM- 4:00 PM. This meeting is open to the public. For more information please call 770-735-2123.

City of Ball Ground
Planning Retreat
Agenda

February  4, 2012

8:30 a.m.  Continental Breakfast

9:00 a.m.  State of the City (Looking Back / Looking Forward)  – Mayor Roberts

9:15 a.m.  Discussion – Each Committee Chair to outline 2 goals to  achieve within their department during year.
 
10:15 a.m. Discussion – What incentives can we offer and be
  willing to offer to jump start new commercial development again? What are five needed businesses to target for 2012.

11:00 a.m. Ethics Ordinance – Darrell Caudill

11:30 a.m. Working Lunch – Discussions on
 
  HOST
  LOST
  T-SPLOST
  Going Green – Tablets – Laptops

12:30 p.m. Jason Skipper (former assistant to Senator Isakson) – Masonry Planning

1:00 p.m.  Corridor of Influence – Canton Highway / 372 / Valley St./ 
  Howell Bridge Road

2:30 p.m.  Park Master Plan – Valley Streetscapes Plan Review of documents prepared to date – Discussions

3:30 p.m.  Wrap up

4:00 p.m.  Adjourn

Both questions on the November ballot pertaining to the Sunday sales of alcohol in the City of Ball Ground were passed by the voters.

Mayor and Council have approved the first reading of the ordinance that will amend the City of Ball Ground Malt Beverages, Alcoholic Beverages and Wine Ordinance to include:

a)  To allow Sunday retail package sales of malt beverages or wine between the hours of 12:30 PM and 11:30 PM.

b)  To allow Sunday sales of malt beverages, wine or distilled spirits by the drink between the hours of 12:30 PM and midnight on Sunday.

A second reading of this proposed amendment was held at a Special Called Meeting  on Monday, November 21, 2011 at 10:00 AM at Ball Ground City Hall.   This ordinance is now in effect and a separate license will be issued for such sales.  Businesses may contact Karen Jordan, City Clerk at 678-454-5075 for additional information. 

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 4^th day of June, 2010.

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

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 2^nd  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 2^nd 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 2^nd 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.

 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.

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.

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 ofBall Ground has prepared four applications for funding to be considered by  CherokeeCounty; and

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)

 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

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

MINUTES
May 12, 2011

Item 1: Meeting Called to Order by Mayor Rick Roberts

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

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

Item 2:  Pledge of Allegiance 

Item 3: Appearances 
 Nathan Brandon, Director of Cherokee County Senior Services addressed Mayor and Council concerning the Cherokee County Senior Center and  the services he and his staff provide.

 Benny Carter, Chairman of the Cherokee County Volunteer Aging Council addressed Mayor and Council to enlighten them about the services and  support  the VAC provides to Cherokee County Seniors.

 Mayor Roberts thanked Mr. Brandon and Mr. Carter for attending the meeting and commended them for the services they provided to the   community. 
   
Item 4: Announcements/Informational Items/Project Updates – City Manager
• Heritage Days Festival will be held May 14th  & 15th
• City Hall will be closed May 30 in observance of Memorial Day
• Pre Audit, Compliance & Observation is scheduled to begin Tuesday, May 31st

Item 5: Approval of Minutes
a) April 14, 2011 City Council Meeting
 Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to approve the minutes of the April 14, 2011 City Council   Meeting as submitted in writing by the City Clerk.
 Motion Approved 5 Yeas 0 Nays

Item 6:  Old Business – None

Item 7: New Business
a) Consider 1st Reading of 2011-2012 Budget
 Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the first reading of this ordinance.
 Motion Approved 4 Yeas 0 Nays

 ORIDANCE 2011
 TO ADOPT THE FISCAL YEAR 2011-2012 BUDGET FOR EACH FUND OF THE CITY OF BALL  GROUND, GEORGIA, APPROPRIATING THE  AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES / EXPENSES, ADOPTING THE SEVERAL ITEMS OF REVENUE   ANTICIPATIONS, AND PROHIBITING EXPENDITURES OR EXPENSES FORM EXCEECING THE ACTUAL FUNDING AVALIABLE

       WHEREAS, sound governmental operations require a budget in order to plan the financing of services of the residents of the City of   Ball Ground; and
         
  
  WHEREAS, Title 36, Chapter 81, Article 1 of the Official Code of Georgia Annotated (OCGA) requires a balanced budget for the City’s  fiscal year, which runs from July 1 to June 30 of each year; and

       WHEREAS, the Mayor and City Council of the City of Ball Ground have reviewed the proposed FY2011 – 2012 budget as presented by the  City Manager; and

       WHEREAS, each of these funds is a balanced budget, so that anticipated revenues and other financial resources for each fund equal the  proposed expenditures or expenses; and

      WHEREAS, THE Mayor and City Council wishes to adopt this proposal as the Fiscal Year 2011 – 2012 Annual Budget, effective   from July 1, 2011 through June 30 2012.

      NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Ball Ground Georgia, as follows:

       Section 1. That the proposed Fiscal Year 2011 – 2012 Budget, attached hereto and incorporated  herein as a part of this Resolution is  hereby adopted as the Budget for the City of Ball Ground, Georgia for Fiscal Year 2011 – 2012, which begins July 1, 2011  and ends on June 30,  2012.

       Section 2.  That the several items of revenue, other financial resources, and sources of cash shown in the budget for each fund in the  amounts shown anticipated are hereby adopted, and that the several amounts shown in the budget for each fund as proposed expenditures or  expenses, and uses of cash are hereby appropriated to the departments named in each fund.

       Section 3.  That the “legal level of control “as defined in OCGA §36-81 is set at the departmental  level, meaning that the City  Administrator in his capacity as Budget Officer is authorized to move appropriations from one line item to another within a department, but under   no circumstances may expenditures or expenses exceed the amount appropriated for a department without a further Budget amendment   approved by the Mayor and City Council.

      Section 4.  That all appropriations shall lapse at the end of the fiscal year.

      Section 5.  That this Ordinance shall be and remain in full force and effect from and after its date of adoption.  
    /s/ A. R. Roberts, III, Mayor
    A. R. Roberts, III, Mayor

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

b)  Consider Resolution 2011-R04 Development of Fund Balance Policy
Council Member Homiller put forth a motion, Seconded by Council Member Prettyman to approve Resolution 2011-R04 as submitted.
Motion Approved 5 Yeas 0 Nays.

        RESOLUTION
         2011-R04

            WHEREAS, the Mayor and City Council of Ball Ground, Georgia (“Ball Ground”) are in full support of the Finance Department; and

            WHEREAS, the City of Ball Ground is committed to the development and implementation of administrative policies; and

            WHEREAS, The Fund Balance Policy has been developed to enhance the usefulness of fund balance information by providing clearer   fund balance classifications that can be more consistently applied as recommended by the Governmental Accounting Standards Board (GASB);  and

            WHEREAS, the authority to assign fund balance classifications for proper reporting is given to the City Manager, City Director of  Finance, or the designee of the City Manager;

            THEREFORE, BE IT RESOLVED, that the Mayor and the City Council of the City of Ball Ground, Georgia do hereby adopt the attached  Fund Balance Policy;
 
            SO RESOLVED this 12th Day of May, 2011

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

c)  Consider Ordinance Authorizing Cherokee Co. Board of Elections to Conduct City Elections Cherokee Co. Board of Elections to Conduct City Elections

Council Member Homiller put forth a motion, Seconded by Council Member Stoner to approve the first reading of the Ordinance Authorizing Cherokee Co. Board of Elections to Conduct City Elections as stated below.
Motion Approved 5 Yeas 0 Nays

        ORDINANCE
      CONDUCTING OF Elections BY CHEROKEE COUNTY

  WHEREAS:  The City of Ball Ground, Georgia will hold a General Election on Tuesday, November 8, 2011; and;

  WHEREAS:  The City may have need to hold additional City Elections, including special elections, runoff elections and referenda (in  addition to the General Elections, collectively “City Elections”), for  2011 and in the future; and

  WHEREAS: The City Council is hereby in agreement that it would be in the best interest of its citizens, pursuant to O.C.G.A.   §21-2-45(c), to pay Cherokee County to utilize the Cherokee County Board of Elections and Registration staff, equipment and expertise in  conducting our City Elections for 2011 and in the future; and

  WHEREAS: Individual duties and responsibilities of both City and county staff shall be set forth in more detail in an Intergovernmental  Agreement between the City and the County.

  NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL that the Mayor is hereby directed, pursuant to O.C.G.A. §  21-2-45(c), to execute on behalf of the City an intergovernmental agreement  with Cherokee County, Georgia outlining specific duties, costs and  other details of Cherokee County conducting  our City Elections as described above, with such agreement to be prepared in conjunction with our  City Attorney, the City Clerk and the Cherokee County Supervisor of Elections and Registration and the Cherokee  County Attorney.

 As ordained and adopted this _____ day of ____________, 2011.

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

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

d)  Consider Resolution 2011-R05 Call for Conduction of a Special Election to be held Tuesday, November 8, 2011 for the purpose to permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 PM and 11:30 PM.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve Resolution 2011-R05 as stated below.
Motion Approved 5 Yeas 0 Nays.

      RESOLUTION 2011-R05
 CALLING FOR REFERENDUM TO ALLOW THE CITIZENS OF THE CITY OF BALL GROUND, GEORGIA TO VOTE ON WHETHER TO  AUTHORIZE RETAILERS TO SELL BY PACKAGE,  MALT BEVERAGES, WINE AND DISTILLED SPIRITS, ON SUNDAYS BETWEEN  THE HOURS OF 12:30 P.M. AND 11:30 P.M.

  WHEREAS, the City of Ball Ground, Georgia (hereinafter sometimes referred to as the “City”) is a municipality duly formed and existing pursuant to Georgia law; and

  WHEREAS, the General Assembly of the State of Georgia has enacted legislation authorizing the City to permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 p.m. and 11:30 p.m. if such sales are approved in a referendum by the electors of the City voting in an election as called and conducted in a manner authorized under O.C.G.A. ‘ 21-2-540; and

  WHEREAS, the City of Ball Ground, Georgia, has the legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general laws, and which are not inconsistent with the Constitution or any charter provision applicable thereto;  and

  
   WHEREAS, the Mayor and Council of the City, in compliance with the laws passed by the General Assembly, desire to allow the citizens of the City to vote their desires with respect to the authorization of the City to permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 p.m. and 11:30 p.m.
   _______________________
¹ O.C.G.A.  ’36-35-3 (a) provides as follows:
 “(a)  The governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for  which no  provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto.  Any such charter provision shall remain in force and effect until amended or repealed as provided in subsection (b) of this Code section.  This Code section, however, shall not restrict the authority of the General Assembly, by general law, to define this home rule power further or to broaden, limit, or otherwise regulate the local law to repeal, modify or supersede any action taken by a municipal governing authority under this Code section, except as authorized under Code Section 36-35-6.”

 NOW, THEREFORE, BE IT RESOLVED AND ORDAINED by the Mayor and Council of the City, by the lawful authority vested in them, that the City shall permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 p.m. and 11:30 p.m., as authorized by O.C.G.A. ‘ 3-3-7 (q) (1) or such other laws as may authorize such sales; and

 NOW, THEREFORE, BE IT RESOLVED AND ORDAINED by the Mayor and Council of the City of Ball Ground, Georgia, by the lawful authority vested in them, that the sale by package of malt beverages, wine, and distilled spirits shall be subject to approval of the electors of the City by vote in a referendum to be called in accordance with the laws of the State of Georgia and that the election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under O.C.G.A. ‘ 21-2-540 and any and all other applicable laws, if any.

 This 12th Day of May, 2011.
            /s/  A. R. ROBERTS, III, MAYOR
      CITY OF BALL GROUND, GEORGIA
  Attest:  /s/ Karen L. Jordan, Clerk
  CITY OF BALL GROUND, GEORGIA

e)  Consider Resolution 2011-R06 Call for Conduction of a Special Election to be held Tuesday, November 8, 2011 for the purpose to permit and regulate Sunday sale of distilled spirits or alcoholic beverages purposes by the drink.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve Resolution 2011-R06 as stated below.
Motion Approved 5 Yeas 0 Nays.

       RESOLUTION 2011- R06
CALLING FOR REFERENDUM TO ALLOW THE CITIZENS OF THE CITY OF BALL GROUND, GEORGIA TO VOTE ON WHETHER TO AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES ON SUNDAYS FROM 12:30 P.M. UNTIL 12:00 MIDNIGHT

 WHEREAS, the City of Ball Ground, Georgia (hereinafter sometimes referred to as the “City”) is a municipality duly formed and existing pursuant to Georgia law; and

 WHEREAS, the General Assembly of the State of Georgia has enacted legislation authorizing the City to permit and regulate the sale of alcoholic beverages for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight if such sales are approved in a referendum by the electors of the City voting in an election as called and conducted in a manner authorized under O.C.G.A. ‘ 21-2-540; and

 WHEREAS, the City of Ball Ground, Georgia, has the legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general laws, and which are not inconsistent with the Constitution or any charter provision applicable thereto;  and

 WHEREAS, the Mayor and Council of the City, in compliance with the laws passed by the General Assembly, desire to allow the citizens of the City to vote their desires with respect to the authorization of the City to permit and regulate sales by the drink for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight.

  O.C.G.A. ’36-35-3(a) provides as follows:

     “(a)  The governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto.  Any such charter provision shall remain in force and effect until amended or repealed as provided in subsection (b) of this Code section.  This Code section, however, shall not restrict the authority of the General Assembly, by general law, to define this home rule power further or to broaden, limit, or otherwise regulate the exercise thereof.  The General Assembly shall not pass any local law to repeal, modify or supersede any action taken by a municipal governing authority under this Code section, except as authorized under Code Section 36-35-6.”
NOW, THEREFORE, BE IT RESOLVED AND ORDAINED by the Mayor and Council of the City, by the lawful authority vested in them, that the City shall authorize the sale of alcoholic beverages for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight in any licensed establishment which derives at least 50 percent of its total annual gross sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging as authorized by O.C.G.A. § 3-3-7(j)(1).

 NOW, THEREFORE, BE IT FURTHER RESOLVED AND ORDAINED by the Mayor and Council of the City of Ball Ground, Georgia, by the lawful authority vested in them, that the sale of alcoholic beverages for consumption on the premises shall be subject to approval of the electors of the City by vote in a referendum to be called in accordance with the laws of the State of Georgia and that the election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under O.C.G.A. ‘ 21-2-540 and any and all other applicable laws, if any

 This 12th Day of May, 2011.
          /s/ A. R. Roberts, III, Mayor
    CITY OF BALL GROUND, GEORGIA

 Attest:  /s/ Karen L. Jordan, Clerk
 CITY OF BALL GROUND, GEORGIA

f)  Consider An 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 Stoner to approve first reading of the ordinance stated below which Authorizes the increase of Fees Insurance Companies pay to transact business within the City of Ball Ground, Ga.
Motion Approved 5 Yeas 0 Nays.

      AN ORDINANCE

  To impose license fees on insurers conducting business within the City of Ball Ground, Georgia; to impose a gross premiums tax on  insurers operating within the State of Georgia; to provide an effective date; to  repeal conflicting ordinances; and other purposes.

 Be it ordained by the Mayor and Council of the City of Ball Ground, Georgia; and it is hereby ordained byauthority thereof:

 Section 1.  Insurers License Fees
  There is hereby levied for the year 2012 and for each year thereafter an annual license fee upon each insurer doing business within the City of Ball Ground, Georgia in the amount of twenty-five dollars ($25.00).  For each separate business location in excess of one not covered by Section 2, which is operating on behalf of such insurers within the City of Ball Ground, Georgia; there is hereby levied a license fee in the amount of twenty-five dollars ($25.00).  For the purposes of this ordinance, the term “insurer” means a company which is authorized to transact business in any of the classes of insurance designated in O.C.G.A. Sec. 33-3-5.

 Section 2.  License Fees for Insurers Insuring Certain Risks at Additional Business Locations
  For each separate business location, not otherwise subject to a license fee hereunder, operated and maintained by a business organization which is engaged in the business of lending money or transacting sales  involving term financing and in connection with such loans or sales offers, solicits or takes application for  insurance through a licensed agent of an insurer for insurance said insurer shall pay an additional license fee of  ten dollars ($10.00) per location for the year 2012 and for each year thereafter.

 Section 3.  Gross Premiums Tax Imposed on Life Insurance
  There is hereby levied for the year 2012 and for each year thereafter an annual tax based solely upon gross direct premiums upon each insurer writing life, accident and sickness insurance within the State of Georgia in an amount equal to one percent (1%) of the gross direct premiums received during the preceding calendar year in accordance with O.C.G.A. Sec. 33-8-8.1.  Gross direct premiums as used in this section shall mean gross direct premiums as used in O.C.G.A. Sec.33-8-4.  The premium tax levied by this section is in addition to the license fees imposed by Section 1 of this ordinance.

 Section 4.  Gross Premiums Tax, All Other Insurance
  There is hereby levied for the year 2012 and for each year thereafter an annual tax based solely upon gross direct premiums upon each insurer, other than an insurer transacting business in the class of insurance  designated in subsection 1 of O.C.G.A. Sec.33-3-5, doing business within the State of Georgia in an amount equal to two and one-half percent (2.5%) of the gross direct premiums received during the preceding calendar year in accordance with O.C.G.A. Sec. 33-8-8-2.  Gross direct premiums as used in this section shall mean gross direct premiums as used in O.C.G.A. Sec.33-8-4.  The premium tax levied by this section is in addition to the license fees imposed by Section 1 of this ordinance.

 Section 5.  Due Date for License Fees
  License fees imposed in Sections 1 and 2 of this ordinance shall be due and payable on the first day of 2012 and on the first date of each  subsequent year.

 Section 6.  Administrative Provisions
  The City Clerk is hereby directed to forward a duly certified copy of this ordinance to the Insurance Commissioner of the State of Georgia  within 45 days of its enactment.

 Section 7.  Effective Date
  This ordinance shall be come effective January 1, 2012.

 Section 8.  Severability
  In the event any portion of this ordinance shall be declared or adjudged invalid or unconstitutional, it is the intention of the City Council of  the City of Ball Ground, Georgia, that such adjudication shall in no manner affect the other sections, sentences, clauses or phrases of this  ordinance which shall remain in full force and effect, as if the invalid or unconstitutional section, sentence, clause or phrase were not originally a  part of the ordinance.

 Section 9.  Repealed
  All ordinances and parts of ordinances in conflict with this ordinance as hereby repealed.

Item 8: City Administrator Report 
 Financial Report – An unaudited report of account balances, statement of revenue and expenditures for the month ended April 30, 2011 was  presented by City Administrator Wilmarth.  The report showed cash on deposit totaled $686,687.78.

 Water /Sewage – The well produced 5.1 million gallons of water while selling 3.44 million gallons.  This resulted in a loss of 31% for the month of  April. 

 The annual Consumer Confidence Report has been mailed to all City of Ball Ground Water Customers.

 Roads/Streets – On May 4, 2011 the firm of Morland Altobelli sent notice to the Georgia Department of Transportation stating that the City of Ball  Ground streetscape project was complete and that the City had met its cost share obligations.  The total cost of the Streetscape Project was  verified at $1,158,678.89.  The City contributed $238,678.80 with the remaining project funded by TE funds.

 Construction has begun on The Community Development Block Grant Project (Valley/Old Dawsonville Rd. Sidewalk Project). 

 Parks/Recreation – The Cherokee County Parks and Recreation Department along with an engineering firm has made an on site visit to Ball Ground  for the purpose of preparing a master plan for the city park.

 Public Safety – Chief Davis presented a written report of the department’s activity for the month ended April 30, 2011. 

Item 9:   Mayor Roberts & City Council Comments
 Council Member Prettyman presented a report on behalf of the Public Works Committee.
 He reported that staff is currently seeing an alternative solution for acquiring additional  sewage treatment capacity.  At this time it appears that the  best solution is to purchase  sewage capacity from the Cherokee County Water and Sewage Authority at a new plant to be built on East Cherokee  Drive.

 Council Member Prettyman also noted that numerous water leaks in the Cherokee Village Subdivision continue to plaque the water department.  At  this time we are not sure if the leaks are a result of defective materials or improper installation during construction.

 Insertion meters have been ordered to determine how much water is flowing through a  particular pipe on a dead end line stated Council Member  Prettyman.  Once the meters have been installed the water department will be able to identify the water flow in the line and pinpoint the areas where  we are loosing water.

 Mayor Roberts reported he had met with former Representative Garland Pinholster to discuss the naming of the Downtown Plaza in his honor.   Mayor Roberts stated a dedication date would be set later this year.
 
 Council Members were encouraged by Mayor Roberts to attend the “Spring Legislative” meeting sponsored by the Georgia Municipal Association to  be held in Woodstock on Monday.

Item 10: Public Comments – None

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 at 8:20PM.

 The Minutes of this May 12, 2011 City Council Meeting approved this 9th day of June,  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 Karen L. Jordan

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

MINUTES
April 14, 2011

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

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

Item 2:  Pledge of Allegiance 

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

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

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

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

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

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

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

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

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

 STATE OF GEORGIA
 COUNTY OF CHEROKEE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 GEORGIA CITIES WEEK
 April 17-23, 2011

 RESOLUTION 2011-R03

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 No Action was taken.

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

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

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

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

Minutes
March 10, 2011

Item 1: Meeting Called to Order by Mayor Rick Roberts
 Council Members Present: John Byrd, Frank Homiller, Mickey O’Malley,   Lee Prettyman & Andrenia Stoner

 Staff Present: Darrell Caudill, City Attorney; Dana Davis, Police Chief; Donna  England, Finance Director; Michael Chapman, City Planner; Eric  Wilmarth, City Manager; & Karen L. Jordan, City Clerk 
  
Item 2:  Pledge of Allegiance 

Item 3: Appearances 
 David Lock, owner of JJ’s Pizza addressed Mayor and Council stating his problem with  people not respecting the speed limit downtown and his  concern that someone could be hurt or killed.  Mr. Lock asked for the police department to be more visible in the downtown area to deter people  from driving too fast.

 Mayor Roberts stated that a number of crosswalks have been added to the downtown area and people should use the crosswalks.  He also stated   that pedestrian crossing signs were put up only to have them damaged and torn down.  Mayor Roberts also stated that perhaps in addition to the  police department presence, perhaps the City could add additional signage to the sides of the road.

 Chief Davis commented that the signs did slow traffic to some extent.  Chief Davis also  stated that per his observation he perceives the average  speed through town is 35MPH. 

 Mayor Roberts thanked Mr. Lock for his comments and wished him much success with his new business.
  
Item 4: Announcements/Informational Items/Project Updates – City Manager
• Final documents have been sent to the Georgia Department of Transportation notifying them the Downtown Street Scape Project is complete.
• Heritage Days Festival will be held May 14th & 15th
• Road improvements to Valley Street are scheduled to begin Friday, March 11, 2011.

Item 5: Approval of Minutes
 a)  January 13, 2011 City Council Meeting
 Council Member Homiller put forth a motion, Seconded by Council Member O’Malley to approve the minutes of the January 13, 2011 meeting as  submitted in writing by the City Clerk.  
 Motion Approved 5 Yeas 0 Nays.

 b)  February 5, 2011 Special Called Meeting
 Council Member Homiller put forth a motion, Seconded by Council Member Prettyman to approve the minutes of the February 5, 2011 Special  Called Meeting as submitted in writing by the City Clerk.
 Motion Approved 5 Yeas 0 Nays.

Item 6:  Old Business – None

Item 7: New Business
 a) Consider 1st Reading of Application for New Alcoholic Beverage License.   Applicant: Benjamin “Chris” Carter
 Name of Business: Uncle Pepper’s Pizza Kitchen 
 Location:   10150 Ball Ground Hwy (Holcomb Crossing)
 
 Council Member Byrd put forth a motion, Seconded by Council Member Stoner to approve the application for a new Alcoholic Beverage License  submitted by Benjamin “Chris” Carter owner of Uncle Pepper’s Pizza Kitchen located at 10150 Ball Ground Hwy (Holcomb Crossing).
 Motion Approved 5 Yeas 0 Nays.

 c)  Consider Appointment of David Cannon as Associate Municipal Court Judge
 Council Member Homiller put forth a motion, Seconded by Council Member Byrd to appoint David Cannon as Associate Court Judge for the City of  Ball Ground.
 Motion Approved 5 Yeas 0 Nay

 d)  Consider Resolution 2011-R02 related to Opportunity Zone
 City Planner Michael Chapman presented a Power Point presentation and boundary map of the Opportunity Zone for Mayor and Council.  Mr.  Chapman stated that Cherokee County and the City of Ball Ground and City of Canton will jointly apply to the Department of Community Affairs for  Opportunity Zone designation.  Local governments which undertake redevelopment and revitalization efforts in certain commercial and industrial  areas can qualify those areas for Georgia’s maximum state job tax credit of $3,500.00 per job. 

 Mayor Roberts stated if we do not participate, it would be hard to attract businesses to locate in the City when they could locate outside and  receive the tax credit.

 Council Member Homiller put forth a motion, Seconded by Council Member Byrd to adopt Resolution 2011-R02, A Joint Resolution supporting a  Redevelopment Plan for Cherokee County, City of Canton and Ball Ground.
 Motion Approved 5 Yeas, 0 Nays.

 RESOLUTION NO. 2011-R- 02

 JOINT RESOLUTION
 Cherokee County 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 STATE NEED FOR REDEVELOPMENT AREAS WITHIN CHEROKEE  COUNTY, BALL GROUND AND CANTON, GEORGIA; TO CAUSE A REDEVELOPMENT PLAN TO BE PREPARED FOR SAID AREAS; TO   PROMOTE THE PUBLIC HEALTH, SAFETY AND WELFARE, AND FOR OTHER PURPOSES.

 WHEREAS, the Board of Commissioners of Cherokee County, Georgia (“Cherokee County”) 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 for Ball 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  numberof 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 that these redevelopment areas exist to the east and west of Interstate 575 between Main Street in   Canton, and Howell Bridge Road in Ball Ground including areas around the Cherokee County Regional Airport; and

 WHEREAS, it has been determined by Cherokee County, and the cities of Ball Ground, and Canton that these redevelopment areas conform   to the Comprehensive Plans of Cherokee County, Ball Ground, and Canton as a whole and specifically address areas within each jurisdiction  intended for significant economic developmentthrough redevelopment; and

 WHEREAS, the Cherokee County, and the cities of Ball Ground, and Canton believe it is their mutual best interests to plan and coordinate the  redevelopment of this area in order to enhance economic development efforts and promote seamless coordination; 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 these redevelopment areas shall be designated as the Technology Ridge Urban  Redevelopment Area, with said boundaries attached hereto as Exhibit “A”; and

 BE IT FURTHER 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 designation of the Technology Ridge Urban Redevelopment Area allows the Board of Commissioners of  Cherokee County, Georgia, the City Council of Ball Ground, Georgia, and the City Council of Canton, Georgia to request the preparation of a  workable  urban redevelopment program in accordance with Official Code of Georgia Annotated Section 36-61-6 to address the presence of  underdevelopment, general distress and blight factors as described above; and

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

 City of Ball Ground, Georgia  APPROVED AND ADOPTED THE 10th  DAY OF March, 2011.
 
 BY: /s/ Mayor A. R. Roberts, III
  Mayor A. R. Roberts, III

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

 e)  Consider Award of Bid for CDBG Sidewalk Project
 City Administrator Wilmarth gave a report of the tabulation of bids received for the CDBG Sidewalk Project Bid. 

 Contractor                                                                  Amount       Amount                 Amount            Total
                                                                                         Part A  Bid,     Part B Bid,          Part C           Amount Bid
 1.  Strickland Pipeline & Construction, Inc. $32,087.20   $20,698.20   $18,797.80  $71,583.20
 Canton, Ga.

 2.  Jerry Townley Concrete, Inc.                      $38,592.93 $23,675.85 $23,483.22         $85,752.00
 Dawsonville, Ga.

 3.  Johnson Landscapes, Inc.                              $48,125.49 $27,912.18 $30,556.95        $106,494.62
 Cumming, Ga.

 4.  Latimer Construction Co., Inc.                  $45,482.90 $32,793.30 $31,029.50        $109,305.70
 Ball Ground, Ga.

 5.  Lewallen Construction Co., Inc.                  $42,492.58 $35,993.08 $31,358.08        $109,844.63
 Marietta, Ga.

 As stated in the recommendation from City Engineer Ben Turnipseed Engineering, the  low bidder is Strickland Pipeline and Construction, Inc. of  Canton, Georgia.  The company appears to have adequate experience, technical ability and financial capability to complete the project; therefore it  is the recommendation of the city engineer to award the project to Strickland Pipeline & Company, Inc. in the amount of $71,583.20.

 Council Member Homiller put forth a motion, Seconded by Council Member Prettyman to award the construction contract to Strickland Pipeline &  Construction, Inc. in the amount of $71,583.20.
 Motion Approved 5 Yeas 0 Nays.
 
Item 8:  City Manager Comments
 Financial Report – An unaudited report of account balances, statement of revenue and expenditures for the month ended February 28, 2011 was  presented by City  Administrator Wilmarth.  The report showed cash on deposit totaled $768,989.55.

 Public Works – Council was informed by City Administrator Wilmarth of the new sign  retro reflectivity requirements recently published by the  Federal Highway Administration.  Every state and local government is required to have a formal sign management plan in place on or before January  2012.  A sign replacement plan of all regulatory and warning signs is to be in place on or before January 2015 and all street name signs by 2018.   City Administrator Wilmarth stated the department is currently conducting a sign inventory and establishing a sign replacement budget.

 Water & Sewage – For month ended February 28, 2011 we purchased 7,000 gallons of  water in addition to the 5.3 million gallons produced by the  well.   Water sales totaled 3.1 million resulting in a 40% loss rate.  February represented the lowest water sales since March of 2009. 

 Department staff has began locating and painting all of the water system valve boxes.   Once they have been marked the city engineer will begin  the GIS mapping of the system. 

 The transition from Waste Management to North Metro Waste Disposal has been extremely smooth and pleasing to staff.

 Public Safety – Chief Davis presented a written report of the department’s activity for the month ended February 28, 2011. 

 The new patrol car has been received and added to the department’s fleet.   

Item 9:   Mayor Roberts & City Council Comments
 Mayor Roberts expresses his disappointment in state government for not giving more consideration to local government rather than addressing   national issues.

 Recreation Committee chaired by Council Member O’Malley presented a report of the  committee’s recent meetings.  Council Member O’Malley   stated he had been contacted by Ken Bobo, Director of the girl’s softball league asking for consideration of an additional softball field.   The   committee met with Mr. Bobo and heard his proposal as to how the field could be built.  Council Member O’Malley stated he and the Recreation   Committee would like to ask Council to consider approving up to $80,000.00 of the money allotted to Ball Ground under the Cherokee County Parks  Bond Fund.

 Council Member O’Malley stated that if we don’t improve our parks by adding additional fields we are going to continue to have people leave our   community to play sports in  other communities where the amenities are better.

 City Administrator Wilmarth explained the procedure to construct the field.

 Council Members discussed the proposed project.

 Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to request up to $80,000.00 from Cherokee Co. Parks    Improvement Bond for the purpose of constructing an additional softball field.
 Motion Approved 4 Yeas, 0 Nays.

Item 10: Public Comments

Item 11:  Executive Session (If Needed)
 Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to adjourn into executive session to for the purpose of  discussion   of future acquisition of real estate.
 Motion Approved 5 Yeas, 0 Nays.

 Council Members reconvened back into regular session.

 Upon reconvening back in to an open meeting, Council Member Stoner put forth a motion, Seconded by Council Member Homiller to authorize    City Administrator Eric Wilmarth to move forward with negotiating a  purchase price for property identified  as 2011A after obtaining a property   evaluation to support the negotiating price.
 Motion Approved 5 Yeas, 0 Nays.

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

The minutes of this March 10, 2011 Meeting of Council approved this 14th Day of April, 2011.