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 ItemsItem 5: Approval of April 8, 2010 Meeting Minutes Motion by Council Member Homiller, Seconded by Council Member O’Malley to approve the minutes of the April 8, 2010 meeting as submitted in writing by the City Clerk. Motion Approved 5 Yeas, 0 Nays. Item 6: Old Business a) 2nd Reading – De-Annexation Petition 2010-D01 Request by Bill Palmer for deannexation of all that tract of parcel of land lying and being in Land lot 315 of the 4th District, 2nd Section, Cherokee County, Georgia, being Lot 6, 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 006. Council Member Homiller put forth a motion, Seconded by Council Member Prettyman to approve De-Annexation Petition 2010-D01. Motion Approved 5 Yeas, 0 Nays b) 2nd Reading – De-Annexation Petition 2010-D02 Request by Bill Palmer for deannexation of all that tract of parcel of land lying and being in Land lot 315 of the 4th District, 2nd Section, Cherokee County, Georgia, being Lot 7, 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 007. Council Member Homiller put forth a motion, Seconded by Council Member O’Malley to approve De-Annexation Petition 2010-D02. Motion Approved 5 Yeas, 0 Nays.
c) 2nd 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 4th District, 2nd 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.Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve De-Annexation Petition 2010-D03. Motion Approved 5 Yeas, 0 Nays. d) 2nd Reading of Proposed Budget for fiscal year July 1, 2010-June 30, 2011 Motion by Council Member Homiller, Seconded by Council Member Stoner to approve the second reading of an Ordinance to Provide For The Adoption of a Budget, it’s execution and effect for the Fiscal Year Beginning July 1, 2010 and ending June 30, 2011 in the total amount of $1,623,607.00. Discussion: Council Member Homiller requested that later in the year consideration be given to increase the donation made to the Ball Ground Library. Motion to Approved 5 Yeas, 0 Nays
Item 7: New Businessa) Consider Resolution related to Georgia Environmental Facilities Authority Loan Number 97-L20WS Mayor Roberts stated that GEFA is missing a resolution related to Loan Number 97-L20WS. Annapolis DUI lawyer stated that the City borrowed $125,700.00 from the Georgia Environmental Facilities Authority in 1988 and since that time GEFA had failed to locate the original document. Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to introduce and adopt a resolution to ratify the execution and delivery by the Mayor and City Clerk of any and all documents necessary to the consummation of the transactions contemplated by the Loan Agreement. Motion Approved 5 Yeas, 0 Nays. b) Consider Lease and Agreement between the City of Ball Ground and Cherokee Soccer Association, Inc. Mayor Roberts presented the Lease/Agreement for Council consideration. City Attorney Caudill outlined the agreement and answered several question posed by Council Members. Motion by Council Member Byrd, Seconded by Council O’Malley to enter into The Lease Agreement between the City of Ball Ground and Cherokee Soccer Association as stated below. Motion Approved 5 Yeas, 0 Nays. STATE OF GEORGIA COUNTY OF CHEROKE THIS LEASE AND AGREEMENT made and entered into this ________ day of ___________________, 2010, by and between THE CITY OF BALL GROUND, a political subdivision of the State of Georgia (“Landlord”), and CHEROKEE SOCCER ASSOCIATION, INC., a Georgia Non-Profit Corporation (“Tenant”). WHEREAS Landlord is the Owner of real property located east of Old Dawsonville Road and adjacent to Calvin Farmer Park within the City of Ball Ground, Georgia, and, WHEREAS, Landlord has developed this real property for the use of its citizens and others as a park, and, WHEREAS, Tenant is a Non-Profit corporation organized for the purpose of sponsoring and managing an association of individuals, particularly youth, interested in the sport of soccer, and, WHEREAS, in furtherance of its purposes, Tenant requires playing fields upon which individuals who are members may play and practice soccer, and, WHEREAS, the Landlord has the legal authority to enter this Lease Agreement, WHEREAS, Landlord and Tenant desire to formally document their relationship and respective rights and obligations, NOW THEREFORE, the parties hereto hereby agree as follows: 1. PREMISES: The premises demised herein includes all of the proposed soccer playing fields identified in Exhibit A attached hereto and made a part hereof. 2. TERM: Landlord does hereby lease said premises to Tenant, and Tenant does hereby accept the same from Landlord, upon the terms and conditions set forth herein, for a period of ten (10) years commencing on ______________, 2010, subject to Tenant’s right to renew this lease on the same terms and conditions herein for an additional period of ten (10) years, at the end of the initial terms of this lease. 3. RENT: During the term of this lease, Tenant agrees to pay Landlord an annual rental of One Dollar. 4. TERMINATION: Either party hereto may terminate this lease for any reason by providing written notice to the other party not less than one hundred eighty (180) days prior to the effective date of termination. 5. PHYSICAL MANAGEMENT OF PREMISES: Tenant shall have the right and the obligation to maintain at its own cost and expense the premises and improvements on the premises. For any substantial changes to the premises planned by Tenant, plans shall first be submitted to and approved by the Landlord. 6. USE OF THE PREMISES: The premises demised herein to Tenant shall be used for recreational purposes and no other. The premises shall not be used for any illegal purpose, nor in any manner to create any trespass or nuisance. 7. DUTIES OF TENANT: Tenant shall promptly pay, as the same become due, all bills power connection and service, gas connection and service, water connection and service, telephone installation and service, and any and all other services, maintenance costs and fees and improvement costs for the premises demised herein to Tenant.
According to Sacramento, CA Personal Injury Attorneys | Demas Law Group, 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 with the collaboration from SecurityInfo.com, 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.
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.B. Unless and until Tenant shall be notified to the contrary, all notices to Landlord shall be addressed to: City of Ball Ground, Georgia C. Unless and until Landlord shall be notified to the contrary, all notices to be given Tenant before and during the term of this Lease (including notice of tender of possession of keys) shall be sufficient if addressed to: Cherokee Soccer Association, Inc. 155 Railroad St. Canton, Ga. 18. MULTIPLE COUNTERPARTS: This Lease is executed in multiple counterparts, each of which constitutes an original. IN WITNESS WHEREOF, the parties have caused these presents to be executed /s/ A. R. Roberts, III A.R. Roberts, III Mayor Attest: /s/ Karen L. Jordan Karen L. Jordan City Clerk c) Consider Resolution 2010-R07 to Adopt 2007-2018 Cherokee County Solid Waste Management Joint Plan Between Cherokee County and the Cities of Ball Ground, Canton, Holly Springs, Waleska and Woodstock, Georgia Mayor Roberts presented for Council consideration. Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to adopt Resolution 2010-R07. Motion Approved 5 Yeas, 0 Nays. RESOLUTION NO. 2010-R07 Resolution to Adopt 2007-2018 Cherokee County Solid Waste Management Plan Joint Plan Between Cherokee County and the Cities of Ball Ground, Canton, Holly Springs, Waleska and Woodstock, Georgia WHEREAS, The Georgia Comprehensive Solid Waste Management Act requires county and municipal governments to prepare a local solid waste management plan and periodic update for review and approval by the Atlanta Regional Commission and the State of Georgia, Department of Community Affairs ; and
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 13th DAY OF May, 2010./s/ A. R. Roberts, III A.R. Roberts, III Mayor Attest: /s/ Karen L. Jordan Karen L. Jordan City Clerk
d) Resolution 2010-R08 Empower Mayor to sign any and all documents related to the Ball Ground Elementary School Sidewalk Connection Project with CDBG Resolution 2010-R08 presented for Council Consideration by Mayor Roberts. Mayor Roberts presented for Council consideration. Mayor Roberts stated that the plan was to use the CDBG Grant to renovate the Community Center. However upon inspection, the building was found not to be compliant with current building codes and therefore did not qualify for CDBG Grant Funds. Mayor Roberts expressed his disappointment because he looked forward to improving the building. Mayor Roberts stated that if the grant money could not be used on the Community Center the next item on the list was construction of additional sidewalks. City Admin. Wilmarth stated that two sections of sidewalk had already been approved by the County and the Department of Community Affairs. Upon Council’s approval the application will be sent to HUD for final approval. City Admin stated the two sections would connect the identified low to moderate income areas of Strippling, Mound, Depot, Terrell, Blackwell and Beck Streets, Old Canton Road and Valley Street to the new Ball Ground School. Mayor and Council discussed the proposed project. Following discussion a motion was put forth by Council Member Byrd, Seconded by Council Member Prettyman to empower Mayor Roberts to execute Resolution 2010-R08. Motion Approved 5 Yeas, 0 Nays.
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 13th day of May, 2010./s/ A. R. Roberts, III A.R. Roberts, III Mayor Attest: /s/ Karen L. Jordan Karen L. Jordan City Clerk Item 8: City Manager
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.Item 9: Mayor Roberts and City Council Report Mayor Roberts commented on a recent meeting of the Cherokee Co. Elected Officials, City Managers and City Clerks and the Georgia Municipal Association. He stated the meetings are usually held twice a year, once prior to the start of he Legislative Session and one shortly afterwards. Mayor Roberts encouraged council members to attend the next upcoming meeting.
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.