August 12, 2021

Regular Meeting of the Mayor and City Council

City of Ball Ground, Georgia

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

MINUTES

August 12, 2021

Item 1: Meeting Called to Order by Mayor Roberts.

Council Members and Staff Present:

John Byrd – Council Member

Mickey O’Malley – Council Member

Andrenia Stoner – Council Member

Lee Prettyman – Council Member

Chris Luly – Director of Planning and Zoning

Darrell Caudill, City Attorney

Donna England, Finance Director

Eric Wilmarth, City Manager

Karen L. Jordan, City Clerk

Donald Campbell – Cherokee Tribune

Item 2: Pledge of Allegiance

Item 3: Approve Agenda

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the agenda.

Motion Unanimously Approved

Item 4: Appearances – None

Item 5: Public Comments – None

Item 6: Announcements/Informational Items/Project Updates – City Manager

October 16, 2021 9:00AM – 2:00 PM Rivers Alive Event. Participants are asked to meet at City Hall at 9:00 AM

November 11, 2021, City Council Meeting has been rescheduled for November 18, 2021.

Item 7: Approval of July 15, 2021, Council Meeting Minutes and July 30, 2021, Special Called Meeting

Council Member O’Malley put forth a motion, Seconded by Council Member Stoner to approve the minutes of the July 15, 2021, Council meeting as submitted by the City Clerk.

Motion Unanimously Approved.

Council member Stoner put forth a motion, Seconded by Council Member Byrd to approve the minutes of the July 30, 2021, Special Called Council Meeting as submitted by the City Clerk.

Motion Unanimously Approved.

Item 8: Old Business

Consider Entering into a Land Exchange Agreement with the Lynwood

Development Group

Council Member O’Malley put forth a motion, Seconded by Council Member Stoner to approve the second reading of this agreement as presented.

Motion Unanimously Approved.

Consider Second Reading of Annexation Application 2021-A05

Applicant: Lee Lusk – Mineral Spring Road (04N02-018, 020, & 021)

Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to approve a Resolution relative to this annexation of three hundred thirty-four and 06/100 (334.06) acres, tax parcel maps 04N02, Parcels 004A, 008, 018, 020, and 021. The certain property is also described in Exhibit “A” attached hereto and incorporated herein by specific reference, conditioned upon the following specific provisions which shall be met or completed prior to any approval of require permitting as follows:

The property shall be limited to a maximum of thirty (30) lots.

The applicant and/or property owner(s) shall design and install a bladder pump and all associated water line infrastructure meeting the design and specification standards required by the Cherokee County Water & Sewage Authority and adopted and required by the City of Ball Ground and as deemed necessary by the Cherokee County Water & Sewage Authority, Cherokee County, and the City of Ball Ground to provide for adequate water line pressure.

The applicant and/or property owner(s) shall install a master water meter at the dead-end of the waterline, which meter shall meet the design and specification standards required by the Cherokee County Water & Sewage Authority and the City of Ball Ground, and said master meter shall be placed at the end of a three (3) inch water line anticipated to measure approximately three thousand eight hundred (3800) feet.

The applicant and/or property owner(s) shall pay wholesale water rates to the City of Ball Ground in intervals required by the City of Ball Ground. Said master meter shall measure water release as deemed necessary by the City of Ball Ground in order to maintain required chlorine residual levels. The applicant and/or property owner(s) shall pay wholesale water rates for all water that is measured from the said master meter as established from time to time by the Mayor and City Council of the City of Ball Ground.

Council Members Byrd, O’Malley, & Prettyman voted aye in favor of the motion.

Council Member Stoner voted nay against the motion.

The ayes have it, the motion carries

Consider Second Reading of Annexation Application 2021-A06

Applicant: Lee Lusk – Mineral Springs Road (04N02-004A)

Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to approve the second reading of the annexation of three hundred thirty-four and 06/100 (334.06) acres, tax parcel maps 04N02, Parcels 004A, 008, 018, 020, and 021. The certain property is also described in Exhibit “A” attached hereto and incorporated herein by specific reference, conditioned upon the following specific provisions which shall be met or completed prior to any approval of required permitting as follows:

The property shall be limited to a maximum of thirty (30) lots.

The applicant and/or property owner(s) shall design and install a bladder pump and all associated water line infrastructure meeting the design and specification standards required by the Cherokee County Water & Sewage Authority and adopted and required by the City of Ball Ground and as deemed necessary by the Cherokee County Water & Sewage Authority, Cherokee County, and the City of Ball Ground to provide for adequate water line pressure.

The applicant and/or property owner(s) shall install a master water meter at the dead-end of the waterline, which meter shall meet the design and specification standards required by the Cherokee County Water & Sewage Authority and the City of Ball Ground, and said master meter shall be placed at the end of a three (3) inch water line anticipated to measure approximately three thousand eight hundred (3800) feet.

The applicant and/or property owner(s) shall pay wholesale water rates to the City of Ball Ground in intervals required by the City of Ball Ground. Said master meter shall measure water release as deemed necessary by the City of Ball Ground in order to maintain required chlorine residual levels. The applicant and /or property owner(s) shall pay wholesale water rates for all water that is measured from the said master meter as established from time to time by the Mayor and City Council of the City of Ball Ground.

Council Members Byrd, O’Malley, & Prettyman voted aye in favor of the motion.

Council Member Stoner voted nay against the motion.

The ayes have it, the motion carries

Item 9: New Business

Consider First Reading of Annexation Petition 2021-04

Applicant: Loyd Development Services – Ball Ground Hwy.

Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to approve the first reading of Annexation Petition 2021-04 as submitted by Loyd Development Services, for 40+/- acres located on Ball Ground Hwy.

Motion Unanimously Approved

Consider Surplus of 1993 Ford Truck and Other Items

City Manager Wilmarth proposed the following items be surplused and sold as a lot sale on GovDeals. If the items are not sold, request approval for the items to be sold as scrap metal, and money be deposited into the general operating expense account. Utility Trailer 6X10, Husqvarna Push Mower, Yardman 22” push mower, Bulldog ATV, Echo Weed Trimmer, Husqvarna 327RJ Trimmer, Husqvarna Trimmer 225R, Husqvarna Trimmer 372RJ, (2) RedMax Trimmers, (2) Ryobi Blowers, KM110R Trimmer, Husqvarna push mower, Yardman 22” push mower, Snapper leaf vacuum, Yard Machine Edger, Norther Tool Snow Blower.

The following items are to be declared surplus and sold on GovDeal to the highest bid: Frontier SS1067B Broadcaster, Bush Hog Brand 5’ Offset Bushhog, and 1993 Ford f-350 Service Truck.

Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to approve the list of items as presented for surplus and sold as recommended by the City Manager.

Motion Unanimously Approved.

Consider Proposal for Funding Construction of Police Department Facility

Mayor Roberts stated that in 2007/2008 when City Hall was built the original architectural plans were to build three buildings. Based on the cost we opted to build two of the three while delaying the third, which was to house the police department. We have now reached a point where we need the space, and while being successful to obtain the funding we have decided to move forward with the construction of the third building to house the police department.

City Manager Wilmarth presented the financing proposal from Regions Bank. The document reads Regions Equipment Finance Corporation is pleased to furnish a Term Sheet to the City of Ball Ground for a $1,700,000.00 Tax Exempt, Bank Qualified Loan for the purposes set forth. The Borrower anticipated financing the Project, and closing costs associated with the financing, through the Georgia Municipal Association Bricks & Mortar Program.

Purpose: The proceeds of the loan will be used to (a) finance outstanding debt of $834,797 related to the construction of the City Hall/City Administration Building. (b) finance additional debt of $800,000 for the construction of the Police Department, and (c) cost of issuance (collectively, the (“Project”).

Loan Amount: Up to $1,700,000

Structure The Bank Qualified Ta-Exempt Term Loan will be financed through the Georgia Municipal Association Bricks & Mortar Program.

Interest Rate: The Loan is a Tax-Exempt, Bank Qualified Loan

The rate will be 2.40% throughout the term of the loan.

Repayment: Principal and interest shall be payable on the 1^st of each month (calculated on the basis of a 30-day month and a 360-day year) commencing one month after closing. All payments are due on the same calendar day of the month.

Maturity Date: Fifteen years after loan closing with a 240-month amortization.

Security: GMA will assign to the Lender its interest in the Installment Sale Agreement, including its right to receive the Base Rental payable under the Installment Sale Agreement, and, in order to secure the repayment to the Lender of the Financing Amount, GMA will convey to the Lender security title to and security interest in the Project by a Deed to Secure Debt.

Mayor asked when the construction would begin.

City Manager Wilmarth replied the anticipated start date would be five to six months.

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to enter into a Bank Qualified Term Loan for up to $1,700,000 through Regions Equipment Finance Corporation and further agrees with to the conditions contained in Exhibit A of the Term Sheet.

Motion Unanimously Approved

Consider Adoption of Development Code

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the adoption of the City of Ball Ground Development Code as proposed.

Motion Unanimously Approved

Consider Acceptance of Infrastructure of Olde Mill Subdivision (Harris Court, Covington Dr., Sidewalks, Street Lamps, Water, Sewer, Storm Water on Public Right of Way)

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the request from W. S. Lathem Properties, LLC to accept permanent maintenance and ownership of Harris Court, Covington Dr., sidewalks, street lamps, water, and sewer infrastructure on public right of way and stormwater in Olde Mill Subdivision as identified below:

Covington Drive – 2,850 LF
Harris Court – 845 LF
Storm Water 1,400 LF, 12 structures
Water Line 1,970 LF (6” Ductile Iron Pipe & 4 Water Hydrants)
Sewer Lift Station
Sanitary Sewer Line

Motion Unanimously Approved.

Consider Acceptance of Sanitary Sewer Lift Station Via Quit Claim Deed

A Warranty Deed from W. S. Lathem Properties, LLC for all that tract or parcel of land lying and being in Land Lot 7 of the 3^rd District, 2^nd Section, Cherokee County, Georgia and being more particularly described as Exhibit “A” (Legal Description) attached hereto and incorporated herein was presented to Council for consideration.

City Manager Wilmarth stated this property is where the Sanitary Sewer Lift Station for the Old Mill Subdivision is located and is being granted to the City of Ball Ground FEE SIMPLE by W. S. Lathem Properties, LLC.

Council Member Stoner put forth a motion, Seconded by Council Member Byrd to accept this property as identified above FEE SIMPLE by W. S. Lathem Properties, LLC.

Motion Unanimously Approved

Consider A Resolution R-04 requesting a portion of SR 372 be removed from the state system upon completion of the proposed SR 372 spur/truck route.

Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to approve Resolution R-04 requesting that the segment of State Route 372 between Flatbottom Road and State Route 5, thru downtown Ball Ground, also known as Gilmer Ferry Road and A. W. Roberts Drive be abandoned to the City of Ball Ground and removed from the State System upon completion of the proposed SR 32 Spur/Truck Route.

Motion Unanimously Approved

Consider Amendment to Schedule of Fees

City Manager Wilmarth asked the council to amend the existing fee schedule to add a fee schedule titled Planning and Zoning. The fees are for the following services: Rezoning, Annexation, Variance, Administrative Variance, Signs, Special Land Use Permit, Valley Overlay District Concept Plan Review, Residential Development Site Plan Review, Commercial Development Site Plan Review, Final Plat Review, Zoning Certificate, and Building Permit and Certificate of Occupancy.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the Schedule of Fees as related to Planning and Zoning and, Building as presented.

Motion Unanimously Approved.

Consider Resolution R-05 in Opposition to GDOT Telecom Rule Change

Council Prettyman put forth a motion, Seconded by Council Member Byrd to approve Resolution R-05, which strongly encourages the State Transportation Board to consider revising the proposed Chapter 672-11 to reimpose a rate for use of municipal rights-of-way as clearly intended by the Georgia General Assembly, and such rate should be adequate to render the use of the municipal rights-of-way n a manner consistent with the Georgia Constitution and not as a gratuity.

Motion Unanimously Approved.

Item 10: City Manager Comments

Item 11: Mayor Roberts Comments

Mayor Roberts commented on the rapid increase in the number of COVID-19 cases in Cherokee County. Because of the increase we are advocating everyone entering City Hall wear a mask and practice social distancing. Signs will be going up around town to remind everyone to practice social distancing even if they are vaccinated. It is anticipated the present surge in COVID cases will peak within the month. Until then, we ask everyone to mask up and practice social distancing.

Mayor Roberts announced he has decided to attempt one more term as Mayor. He stated, we have a number of projects going on and he would like to continue to serve another term in order to see them completed.

Mayor Roberts talked about his attendance at the recent Georgia Municipal Association Annual Conference. He stated he attended a class where he gained information on how to form a Youth Council. Mayor Roberts said it was his intention to establish a Youth Council earlier in the year, but COVID halted the process. Mayor stated he is now hoping to establish a Youth Council before the end of the year. Mayor Roberts stated he is looking forward to having the input of our younger people and teaching them about government operations.

Item 12: Council Comments

Council Member Prettyman thanked Chief Reeves and his department for the wonderful job they do. He also expressed his appreciation to Mayor Roberts for allowing him to attend the Georgia Municipal Association Conference.

Council Member O’Malley thanked Mayor Roberts for the opportunity to attend the Georgia Municipal Association Conference. It’s a great way to educated yourself and connect with other elected officials on common issues we all share. He encouraged the newly elected officials to take advantage of attending the conference.

Council Member O’Malley announced that the fall ball playing season is just around the corner. The fields will be filled with teams from Dizzy Dean, Creekview Jr. Grizzlies Softball, and local ladies’ softball teams.

Council Member O’Malley also expressed his desire to form a youth council. He also attended the class while at the GMA Conference on how to create a Youth Council.

Item 13: Adjourn

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

The minutes of this August 12, 2021, City Council Meeting adopted this 9^th Day of September 2021.