July 9, 2020

Regular Meeting of the Mayor and City Council
City of Ball Ground, Georgia
Ball Ground City Hall ~ 7:00 P.M.
Minutes
July 9, 2020

Prior to the start of the Council Meeting a public hearing was held at 7:00 PM for the purpose of hearing public comments on the proposed property tax increase. City Attorney Darrell Caudill called the hearing to order. Karen Jordan, City Clerk and Council Member John Byrd were present. No one attend the meeting and no written or verbal comments were received. The meeting was adjourned.

Following the Public Hearing via teleconference Mayor Roberts called the July City Council meeting to order. Mayor Roberts was present for the meeting in Council Chambers. In order to limit the number of individuals present in Council Chambers and at City Hall and to provide for social distancing as recommended by the Centers for Disease Control and Prevention, Council Members Byrd, O’Malley, Prettyman, Stoner, and Homiller participated via teleconference call.

Approval of Agenda: Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to approve the meeting agenda as submitted with omitting Item 3: Public Hearing to receive comments related to the proposed property tax increase.
Motion Unanimously Approved.

Item 2: Roll Call of Council Members

Present via conference call: Council Members Byrd, Homiller, O’Malley, Prettyman and Stoner

Present in Council Chambers were Council Member John Byrd, City Manager Eric Wilmarth, City Clerk Karen Jordan, Police Chief Bryon Reeves, City Planner Chris Luly and City Attorney Darrell Caudill

Item 3: Pledge of Allegiance

Item 4: Public Hearing – Property Tax Increase for 2020

Item 5: Announcements/Informational Items/Project Updates – City Manager

City Manager Wilmarth announced that all upcoming events scheduled were canceled due to the pandemic.

Item 6: Approval of June 11, 2020 Council Meeting Minutes

Council Member O’Malley put forth a motion, Seconded by Council Member Stoner to approve the minutes of the June 11, 2020 Council Meeting as submitted in writing by the City Clerk.
Motion Unanimously Approved.

Item 7: Old Business

Consider 2nd Reading of Ordinance Change for Packaged Alcohol Sales by Restaurants

Councilmember Byrd put forth a motion, Seconded by Council Member Prettyman to approve the second reading of the amendment to the Official Code of the City of Ball Ground Chapter 4 Alcoholic Beverages; Section 4-137 Consumption Sales Only.
Motion Unanimously Approved.

Consider 2nd Reading of Sign Ordinance

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the second reading of the amendment to the Official Code of the City of Ball Ground Division 112 Sign Ordinance.
Motion Unanimously Approved.

Consider 2nd Reading of Chapter 14 – Building Code Regulations (Cherokee County)

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to approve the second reading of the amendment to the Official Code of the City of Ball Ground Chapter 14 – Building Code Regulations.
Motion Unanimously Approved.

Consider 2nd Reading of Cherokee County Animal Ordinance.

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve the second reading of the amendment to the Official Code of the City of Ball Ground Chapter 10-Animal Control.

Item 8: New Business

Consider Adoption of Millage Rate for 2020 Property Tax

Council Member Byrd put forth a motion, Seconded by Council Member Stoner to approve the levy of 5.0 mills for the 2020 Property Tax.

City Manager Wilmarth stated the 13% increase would fully fund the 2020 Budget and begin a defined contribution to the reserve fund balance. He also noted three public hearings were advertised and held as required by O.C.G.A. ⸹48-5-21.. No one attended the meetings and no comments were received.

Motion Approved 4 yeas.
Council Member Homiller abstained.

Consider Adoption of Fire Tax for 2020

City Manager Wilmarth stated that each year the Fire Tax is set by the Cherokee County Board of Commissioners, which we adopt. This year the BOC has not yet set the millage, but recommended we authorize Mayor Roberts to sign the PT-38 form stating the Fire Tax millage rate established by the BOC. It was noted that the Fire Tax collected by the City is remitted to the BOC for funding of the County Fire Department.

Council Member Byrd put forth a motion Seconded by Council Member Prettyman to adopt the Fire Tax Millage Rate as set by the Cherokee County Board of Commissioners.
Motion Approved 4 yeas.
Council Member Homiller abstained.

Consider Resolution GEFA Loan LC2019003

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to adopt a Resolution in reference to Loan NO. LC2019003 where the Governing Body of the City of Ball Ground agrees to amend and modify the Note, pursuant to the terms of a Modification of Promissory Note between the City of Ball Ground and the Georgia Environmental Finance Authority (GFA).
Motion Unanimously Approved

Consider Resolution GEFA Loan 2914L37WQ

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to adopt a Resolution in reference to Loan NO. 2014L27WQ where the Governing Body of the City of Ball Ground agrees to amend and modify the Note, pursuant to the terms of a Modification of Promissory Note between the City of Ball Ground and the Georgia Environmental Finance Authority (GFA).
Motion Unanimously Approved

Consider Adoption of Fee Schedule

City Manager Wilmarth outlined the proposed changes to the Fee Schedule.

Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to approve the Fee Schedule as proposed.
Motion Unanimously Approved

Item 9: City Manager Comments

City Manager Wilmarth provided Council Members with an unaudited report of account balances, and statement of revenue and expenditures for the month ended June 30, 2020. Accounts on deposit totaled $1,789,458.44.

Chief Reeves presented a report of the Police Departments activity for the month ended June 30, 2020 for Mayor and Council Members review.

City Manager Wilmarth reported on the opening of the Roberts Lake Trail. He stated the trail is now open, but it is unknown at this time when a ribbon cutting will be held due to the pandemic.

City Manager Wilmarth announced that between June 5th and July 3rd, Cherokee County received over 150 comments related to the potential Ball Ground Truck Bypass. Cherokee County solicited comments to determine if the potential project has merit to warrant further solicitation of funding based on construction costs, impacts, and need. Cherokee County will not be able to select a preferred alternative until funding is identified for the project and additional public involvement is completed.

Item 10: Mayor Roberts

Mayor Roberts stated that as our numbers continue to spike our leaders at the State level are beginning to push more heavily for strict enforcement of the Governor’s Executive Orders at the local level. Most critical among these mandates are the social distancing, and the expectation that our food service professionals who come in contact with the public wear masks. So as we understand the orders, a cook at the grill need not wear a mask (by mandate), a cashier behind a plexiglass shield need not wear a mask (by mandate), but the server taking your order or bringing your food/beverage must wear a mask by order of the Governor although the mask can be removed if the server is not waiting on a customer. People who do not reside in the same household are mandated, by Executive Order, to maintain a distance of 6 feet from each other inside and outside. So, if you can reach out and physically touch someone you don’t live with, you are way too close.

Mayor Roberts stated the issue is that as a local government, we really don’t want to be in the business of trying to enforce the Governor’s orders. Local enforcement of the Governor’s order is questionable except by the Georgia State Patrol. But for now, we are simply asking for and appreciate the cooperation of our city customers, our residents, our businesses and our visitors to do the right thing for the benefit of both yourself and others by following the 3 W’s. Wash Your Hands, Wear your mask and Watch your distance.

Item 11: Council Comments

Council Member O’Malley commented on the baseball tournaments recently held. He stated the games were well attended and it appeared everyone attending wore their mask and practiced social distancing.

Council Member Prettyman stated he would like for council to consider rescinding a policy that was passed in 2019 regarding the bidding on surplus property by the City. The policy passed stated that no employee, elected official, nor member of any board or committee of the City of Ball Ground shall bid on; not cause to be bid on by a third party any surplus property as defined in the policy. He stated an employee of the City wanted to bid on a tract of property recently surplused and listed on GovDeals but was unable to do so because of this policy. Council Member Prettyman stated he felt that anyone as well as employees should have the right to bid.

City Attorney Caudill expressed his concern that there could be ethical issues that would need to be considered, but that he would review the policy and report back to council at the August Council Meeting.

Item 12: Public Comments – None

Item 13: Adjourn
There being no further business for mayor and council consideration the meeting
was adjourned at 8:05 PM.

The minutes of this July 9, 2020 City Council Meeting approved this 13 day of August 2020.

__________________________
Mayor A. R. Roberts, III

Attest: _________________________
Karen L. Jordan, City Clerk

June 11, 2020

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

MINUTES
June 11, 2020

Mayor Rick Roberts was present for the meeting in Council Chambers. In order to limit the number of individuals present in Council Chambers and at City Hall and to provide for social distancing as recommended by the Centers for Disease Control and Prevention, Council Members Byrd, O’Malley, Prettyman, and Stoner participated via teleconference call. Council Members Byrd and Stoner were not present when several items of business were voted on; however, a quorum was present at all times.

Item 1: Meeting Called to Order / Approval of Agenda
Mayor Roberts called the meeting to order.

Council Member O’Malley put forth a motion, Seconded by Council Member Prettyman to approve the Agenda.
Motion Unanimously Approved

Item 2: Roll Call of Council Members

Mayor Roberts requested a Roll Call of Council Members participating via teleconference. The following Council Members announced their presence and participation:

John Byrd
Mickey O’Malley
Lee Prettyman
Andrenia Stoner (late)
Frank Homiller (absent)

The following City Staff were present for the meeting.

Eric Wilmarth
Karen Jordan
Bryon Reeves
Darrell Caudill

Item 2: Pledge of Allegiance – Omitted

Item 3: Appearances – None

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

City Manager Wilmarth announced the annual fireworks display would take place on June 27, 2020, at 9:45 PM as scheduled. It was noted that there would be no outside vendors or live music this year.

Item 5: Approval of May 14, 2020 Council Meeting Minutes

Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to approve the minutes of the May 14, 2020 Council Meeting as submitted by the City Clerk.
Motion Unanimously Approved.

Item 6: Old Business

Consider Second Reading of the 2020/2021 Operating Budget

Mayor Roberts presented an overview of the proposed 3.7-million-dollar budget. It was noted a public hearing was held on June 4, 2020 with City Manager Wilmarth and City Clerk Karen Jordan in attendance. No members of the public were present and no comments prior to the hearing were received.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the proposed budget as submitted.
Motion Unanimously Approved

Item 7: New Business

Public Safety Memorandum of Understanding: An Agreement between Cherokee County and City of Ball Ground

Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to table this item of business.
Motion Unanimously Approved.

Consider 1st Reading of Ordinance Change for Package Alcohol Sales by Restaurants

During the recent coronavirus emergency, Mayor Roberts, by Executive Order, temporarily allowed restaurants who possessed a license to sell alcoholic beverages for consumption on the premises to sell beer and wine by the package with their curb side food orders to go. After receiving many positive comments by the restaurant’s owners, Mayor Roberts stated he felt it would be in the best interest of the businesses to allow such sales permanently.

Council Member Byrd put forth a motion, Seconded by Council Member Stoner to delete Code Section 4-137 in its entirety and substitute the following in its place:

Section 4-137. – Consumption Sales Only

“Persons holding a license to sell alcohol for consumption on premises shall be permitted to sell beer and wine by the package, provided that such licensee is otherwise in compliance with the Chapter Four (4) of the City Code.”

Motion Unanimously Approved.

Consider 1st Reading of Sign Ordinance

Mayor Roberts explained the content of the new sign ordinance. He stated the committee had worked for several months to draft an ordinance that would comply with recent court rulings.

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to delete Code Section Division 112 Sign Ordinance in its entirety and substitute the following in its place (See Attached).
Motion Unanimously Approved.

Consider Establishment of 2020 Operational Property Tax Millage Rate

Mayor Roberts informed council that the preliminary tax digest numbers were in and that our current millage rate was 4.707 mills. Mayor Roberts recommended that council members consider adjusting the millage rate upwards .23 mills to fully fund the recently adopted budget, and to provide for replacing dollars in our reserve fund.

Council Member Byrd commented that during the economic crisis of 2008-2012 the City reduced taxes by 26% with the intention of re-establishing our revenue level when economic conditions improved, and that the proposed .23 mill increase takes us close to that.

Council Member Stoner asked how this would impact the elderly. Mayor Roberts explained that the City did not have a senior exemption on taxes at this time. Council Member Stoner asked what the impact would be on a house valued at $150,000. The City Manager stated that a $150,000 house could see an annual increase of approximately thirty-six (36) dollars.

All Council Members expressed a consensus to move forward with a plan to adopt 5 mills at the July 9, 2020 Council Meeting.

Consider Memorandum of Understanding: An Agreement between Cherokee County and City of Ball Ground for services of the County Marshal’s Office

A Municipal Services Agreement between Cherokee County and City of Ball Ground for the purpose of performing Code Enforcement Services only within the jurisdictional limits of the City of Ball Ground. The Scope of Services is identified as follows in Section 1:

Section 1: SCOPE OF SERVICES

1.1 Geographical Application. This Agreement shall provide for services performed only within the jurisdictional limits of Cherokee County and the City of Ball Ground.

1.2. Code Enforcement Services. The County agrees, through its code enforcement services in the County Marshal’s Office, to perform within the city limits of Ball Ground all functions performed by the Marshal’s Office, as necessary in the sole discretion of the County. The County may do additional work related to inspection of code violations when requested to do so, in writing, by the City. Prior to such performance by the County, City shall adopt the Building Regulations in place for the County, as may be amended from time to time and codified as Chapter 14 of the Code of Ordinances of Cherokee County, Georgia. At a minimum, the services provided shall be to administer, inspect for compliance, and enforce codes as adopted by the Ball Ground Mayor and City Council and as amended during the term of this Agreement, if such amendments are provided in writing to the County, including but not limited to: (a) Buildings and Building Regulation Standards

Mayor Roberts stated this action had been discussed at the annual planning retreat held in January.

Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to enter into the agreement as proposed.
Motion Unanimously Approved

Consider Adoption of Chapter 14 – Building Code Regulations (Cherokee County)

Mayor Roberts noted that in the Municipal Services Agreement between Cherokee County and City of Ball Ground just adopted, it is stipulated that before the Marshal’s Office will perform services as outlined in the agreement, the City Council must adopt the Building Regulations in place for the County.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to delete Chapter 14 – Buildings and Building Regulations as stated in the Ball Ground Municipal Code and substitute the Buildings and Building Regulations as presented (See Attached).
Motion Unanimously Approved

Consider Adoption of Cherokee County Animal Ordinance.

Mayor Roberts again noted that per the just adopted Municipal Services Agreement, it is stipulated we must adopt the Cherokee County Animal Ordinance.

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to delete Chapter 10 – Animals as stated in the City of Ball Ground Municipal Code and substitute the Animals Ordinance as presented (See Attached).
Motion Unanimously Approved.

Item 8: City Manager Comments

City Manager Wilmarth provided Council Members with an unaudited report of account balances, and statement of revenue and expenditures for the month ended May 30, 2020. Accounts on deposit totaled $1,932,419.20.

Chief Reeves presented a report of the Police Departments activity for the month ended May 30, 2020 for Mayor and Council Members review.

Item 9: Mayor Roberts

Mayor Roberts discussed his desire for Council Members to consider a resolution to support the passage of the Hate Crime Bill being considered by the Georgia State Senate. He noted that Georgia is only four states in the country that does not have a Hate Crime Law. GMA has advocated that its member cities promote the passage of the bill, already approved by the House, but under consideration by the State Senate. Mayor Roberts stated he thought it would reflect well on our city and community to pass a resolution of support.

Council Member Byrd put forth a motion, Seconded by Council Member Prettyman supporting a resolution to call upon members of the General Assembly and the Governor to pass this important legislation in this legislative session.
Motion Unanimously Approved.

Mayor Roberts commented on the upcoming Cherokee County sponsored virtual meeting concerning the proposed Ball Ground truck route options. A link to the virtual meeting is on our website and residents were encouraged to look at the proposed routes and provide comments and feedback to the GDOT by July 3.

Mayor Roberts stated that having a safer and better truck route outside our downtown would be the key to enhancing life in our core city for future generations, our residents and businesses.

Mayor Roberts commented on the reopening of City Hall the Tuesday after Memorial Day. Although City Hall is open staff continues to operate on a limited bases with, some employees continuing to telework from home.

Mayor Roberts noted the upcoming Georgia Municipal Association Annual Convention has been canceled as an in-person event and will instead be held as a virtual conference that will be free of charge. Council Members were encouraged to sign up by registering online for the training classes.

Mayor Roberts called on Chief Reeves to provide an update on the departments recent training. Chief Reeves stated the department attends training through the Georgia Peace Officers Standards and Training Council throughout the year. The officers receive training on, but not limited to, use of force, domestic violence and vehicle pursuit.

Item 10: Council Comments

Council Members commended the Police Department and staff for the work they do to keep the City operating especially through the recent Corona Virus emergency. Council Members commented it was good to see the reopening of the parks and hoped we could all meet in person at the July Council Meeting.

Item 11: Public Comments

Item 12: Executive Session (If Needed)

Item 12: Adjourn
There being no further business for Mayor and Council consideration, Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to adjourn the meeting at 8:11 PM.
Motion Unanimously Approved

The minutes of this June 11, 2020 City Council Meeting apporved this 9th Day of July 2020.

_____________________________
A. R. (Rick) Roberts, III, Mayor

Attest: _________________________
Karen L. Jordan, City Clerk

May 14, 2020

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

MINUTES
May 14, 2020

Mayor Rick Roberts was present for the meeting in Council Chambers. In order to limit the number of individuals present in Council Chambers, and at City Hall, and to provide for social distancing as recommended by the Centers for Disease Control and Prevention, Council Members Byrd, O’Malley, Prettyman, Stoner, and Homiller participated via teleconference call.

Item 1: Meeting Called to Order / Approval of Agenda
Mayor Roberts called the meeting to order.

Council Member O’Malley put forth a motion Seconded by Council Member Homiller to amend the Agenda to correct: Item 5: Approval of February Minutes to consider approval of March 12, 2020 Council Meeting Minutes.
Motion Unanimously Approved

Item 2: Roll Call of Council Members

Mayor Roberts requested a Roll Call of Council Members participating via teleconference. The following Council Members announced their presence and participation:

John Byrd
Frank Homiller
Mickey O’Malley
Lee Prettyman
Andrenia Stoner

The following City Staff were present for the meeting.

Eric Wilmarth
Karen Jordan
Bryon Reeves
Darrell Caudill

Item 2: Pledge of Allegiance

Item 3: Appearances – None

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

Annual Fireworks display tentatively scheduled for June 27
City Hall is tentatively scheduled to reopen Tuesday, May 26

Item 5: Approval of: March 12, 2020 Council Meeting Minutes
March 26, 2020 Emergency Special Called Council Meeting Minutes
April Council Meeting Canceled
Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to approve the minutes of the March 12 and 26, 2020 minutes as submitted in writing by the City Clerk.
Motion Unanimously Approved.
Item 6: Old Business – None

Item 7: New Business

Consider Resolution to Accept Grant ($100,000 reimbursement grant for Roberts Lake Acquisition)

City Manager Wilmarth stated by accepting the grant money the city is obligated to maintain the already acquired property as greenspace. And, since the property has already been purchased the grant funds would be used to either make a lump sum payment on the existing GEFA loan or if approved by the National Park Service, the grant funds would be placed in an account from which the monthly payment would be made from.

Council Member Prettyman put forth a motion, Seconded by Council Member Homiller to agree to the terms of the contract for a state grant between the Georgia Department of Natural Resources and the City of Ball Ground for a grant of financial assistance to assist in the acquisition of 49.65 acres for property to be known as Roberts Lake Park.
Motion Unanimously Approved.

Consider 1st Reading of Proposed 2020/2021 Operating Budget

Mayor Roberts presented the FY 2020-2021 Operating Budget to Council and provided a brief overview of the significant changes over previous years.

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve the first reading of the 2020-2021 Operating Budget as presented. The budget for the year 2020-2021 totals $3,732,040.00
Motion Unanimously Approved.

Consider Budget Hearing date of June 4, 2020 at 5:00 PM

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to schedule a Public Hearing to solicit comments from city residents on the proposed budget, Thursday, June 4, 2020 at 5:00 PM in Council Chambers.
Motion Unanimously Approved.

Consider CDBG Cooperation Agreement

City Manager Wilmarth stated The Cherokee County Board of Commissioners approved the revisions to the Cooperation Agreement between the County and Participating Cities who wish to have CDBG activities conducted within their respective bounds to provide community improvements with CDBG funds at the April 7, 2020 Regular Meeting. The agreement has the same terms and provisions as have previously been included in the Cooperation Agreement executed in 2008, or 2011 where applicable, but it was updated to include specific language to prohibit the sale, trade, or transfer of CDBG funds. This agreement covers the fiscal years 2021, beginning October 1, 2020 through September 30, 2023. The agreement also has the automatic renewal option every three years, and you will be notified and given an opportunity to continue or terminate for each three-year renewal cycle.

Council Member Homiller put forth a motion, Seconded by Council Member O’Malley to enter into this agreement as outlined above for certain qualified projects to be determined.
Motion Unanimously Approved.

Item 8: City Manager Comments

City Manager Wilmarth provided Council Members with an unaudited report of account balances, and statement of revenue and expenditures for the month ended April 30, 2020. Accounts on deposit totaled $1,461,924.71.

A written report of the Police Departments activity for the month ended April 30, 2020 was presented to Mayor and Council Members for review.

A new electronic sign has been installed in front of City Hall to better communicate with city residents upcoming city events.

City Manager Wilmarth thanked the City Staff for their continued efforts to keep the City operating during the COVID Pandemic.

Item 9: Mayor Roberts

Consider Proclamation National Garden Week June 7-13, 2020 in honor of the Ball Ground Garden Club (Anestsa-Ga-Da)

Mayor Roberts presented a Proclamation declaring June 7-13, 2020 as National Garden Week in the City of Ball Ground for Council Consideration. He commended the Ball Ground Club on their work and dedication to the Ball Ground Botanical Garden.

Council Member Homiller put forth a motion, Seconded by Council Member Prettyman to declare the week of June 7-13 as National Garden Week in the City of Ball Ground.
Motion Unanimously Approved

Consider Proclamation Peace Officers Memorial Day and Police Week

Mayor Roberts presented a Proclamation declaring the week of May 11-15, 2020 as Police Week and May 15, 2020 as Peace Officers Memorial Day in the City of Ball Ground.

Mayor Roberts, and Council Members commended Chief Reeves, and his department on their dedication to protect and serve the City of Ball Ground and its residents.

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve the Proclamation as presented.
Motion Unanimously Approved.

City and state emergency orders have been put in place due to the Covid-19 pandemic. This has resulted in a balancing act between the safety of the people and economics. Most of the businesses and residents are to be commended for their compliance. The community is encouraged to continue to support the local businesses, while at the same time staying safe and continuing to practice social distancing and extra sanitation efforts.

According to Mayor Roberts “through GMA and along with the other mayors in the county, I have been on approximately 20 conference or zoom video calls since our last meeting in March. These calls have kept Ball Ground and its officials better informed about what is happening both county and state wide”.

There are several items at the city level that will have to be delayed due to the Covid-19 threat. These include the creation of a Historic Preservation Ordinance; an update to the city sign ordinance; the adoption of the county’s property maintenance provisions which would allow the Cherokee County Marshall to enforce those in the city; and the creation of a youth council. The delay will probably be three to six months before action can be taken on these important items. However, these items will remain on the agenda for 2020.

Thanks to City Manager Wilmarth, Mayor Roberts was able to tour the new hiking trails that are being developed at Roberts Lake Park. The mayor stated “I was very impressed with the work that has been done. In all likelihood, this will be a lasting legacy for the city.” The city has approved the acceptance of a grant in the amount of $100,000 to help fund this project. Hopefully there will be a council tour of the landmark in the near future. The mayor was very impressed with what has been done to develop this trail system, and also with the beautiful nature preserve along the trail and surrounding the ruins of the old dam on Long Swamp Creek. He again expressed his thanks to city manager Eric Wilmarth, the public works department, and the Creekview High School wrestling team for their assistance in carving out this trail.

Mayor Roberts concluded his remarks by commenting on the new electronic sign in front of City Hall, stating that the sign looked great, and would allow the City to easily update information provided to the residents of Ball Ground concerning upcoming events. Mayor Roberts said, “it will certainly help us to continue to be #BallGroundStrong”. He also thanked the city team that has kept Ball Ground operating in a safe manner by observing social distancing, sanitation, and teleworking. We are all in this together.

Item 10: Council Comments

Council Member Homiller encouraged everyone to comply with the mandatory CDC Guidelines for operating during COVID-19. He also encouraged everyone to get outdoors, but not to congregate in large groups.

Council Member Stoner, and Byrd commended the city staff on working to keep the city operating as normal as possible during the COVID-19 Pandemic.

Council Member O’Malley commented on the new electronic sign. He said it was a great addition to City Hall.

Item 11: Public Comments

City Manager Wilmarth stated he had received 4 emails regarding the opening of the baseball field. The comments stated the Ball Ground Youth Baseball Association is scheduled to host opening day games on May 16th and encouraged the City to allow the association use of the field for the games.

Mayor Roberts and Council Members discussed the request before unanimously deciding not to allow any ball games to be played on the City fields at this time.

Council Member Stoner stated she had received an email from city resident Judy Haygood requesting the City have a cleanup/dumpster day so residents can dispose of unwanted household items.

Mayor Roberts stated he also received, and responded to Mrs. Haygood’s email. Mayor Roberts stated he, and City Manager Wilmarth are working to schedule a cleanup day (date to be determined) for city residents that subscribe to trash service provided by the City.

Item 12: Executive Session (If Needed)

Item 12: Adjourn
There being no further business for Mayor and Council consideration Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to adjourn at 8:00 PM.

The minutes of this May 14, 2020 Ball Ground City Council Meeting approved this 11th Day of June 2020.

___________________________
A.R. (Rick) Roberts, III, Mayor

Attest: _________________________
Karen L. Jordan, City Clerk

March 26, 2020

Emergency Special Called Meeting of the Mayor and City Council
City of Ball Ground, Georgia
Ball Ground City Hall ~ 9:00 AM

AGENDA
March 26, 2020

Mayor Rick Roberts was present for the meeting in Council Chambers. He called the Emergency Special Called Meeting to order at 9:00 A.M. on March 26, 2020. In order to limit the number of individuals present in Council Chambers, City Hall, and to provide for social distancing as recommended by the Centers for Disease Control and Prevention, Council Members Byrd, O’Malley, Prettyman, Stoner, and Homiller participated via teleconference call.

Mayor Roberts requested a Roll Call of Council Members participating via teleconference. The following Council Members announced their presence and participation:

John Byrd
Frank Homiller
Mickey O’Malley
Lee Prettyman
Andrenia Stoner

The following Staff were present for the meeting.

Eric Wilmarth
Karen Jordan
Bryon Reeves
Darrell Caudill

Item 1. Consider Emergency Declaration by the Mayor of the City of Ball Ground Related to COVID-19.

City Manager Wilmarth gave an overview of the Declaration. He stated the Declaration shall become effective at midnight March 26, 2020 and would continue to 11:59 PM on April 13, 2020, or until it is extended or rescinded by Mayor Roberts.

Council Member Andrenia Stoner put forth a Motion, Seconded by Council Member Prettyman to Authorize the Mayor to Execute the Emergency Declaration Related to COVID-19, as proposed.

During discussion of said Motion by Council Members and Mayor, City Manager Wilmarth gave an overview of the Declaration. He stated the Emergency Declaration shall become effective at midnight on March 6, 2020 and would continue to 11:59 P.M. on April 13, 2020 or until extended or rescinded by Mayor Roberts. Council Member Homiller emphasized that citizens “stay at home” to mitigate the spread of the virus during this health crisis.

Mayor Roberts called for a Roll Call Vote by Council Members and the following Council Members voted in favor of the Motion:

John Byrd, Frank Homiller, Mickey O’Malley, Lee Prettyman and Andrenia Stoner.
Unanimously Approved

Item 3. Adjourn

There being no further business for Council consideration Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to adjourn the Emergency Special Called Meeting.
Motion Unanimously Approved

The Minutes of this March 26, 2020 Emergency Special Called Meeting approved this 14th Day of May, 2020.

___________________________________
A.R. (Rick) Roberts, III, Mayor

Attest: __________________________
Karen L. Jordan, City Clerk

March 12, 2020

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

AGENDA
March 12, 2020

Item 1: Mayor Rick Roberts called the meeting to order.

Council Members and Staff Present:
John Byrd
Mickey O’Malley
Lee Prettyman
Andrenia Stoner
Chris Luly
Darrell Caudill
Eric Wilmarth
Karen Jordan
Kim Murphy
Donald Campbell

Item 2: Pledge of Allegiance led by Council Member John Byrd

Item 3: Appearances – None

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

March 14 – Music on Main 6:00 PM – 8:00 PM
April 18 – Concert in the Park beginning at 7:00 PM

Item 5: Approval of February 20, 2020 Council Meeting Minutes

Council Member O’Malley put forth a motion, Seconded by Council Member Prettyman to approve the minutes of the February 20, 2020 Council Meeting as submitted in writing by the City Clerk.
Motion Unanimously Approved

Item 6: Old Business
Consider Change to Section 104.12.E(2).(e) of the Ball Ground Development Code (2 story buildings)

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to approve the second reading of this ordinance.
Motion Unanimously Approved.

Consider change to Section 107.3.C of the Ball Ground Development Code (Sidewalks)

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve the second reading of this ordinance.
Motion Unanimously Approved.

 

Item 7: New Business

Consider Employee Services Sharing Agreement between Cherokee Board of Commissioners and City of Ball Ground

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to enter into an Employee Services Sharing Agreement between Cherokee County Board of Commissioners and the City of Ball Ground for the purpose to utilize the services of one (1) of the staff members from the Cherokee Planning and Zoning Department one (1) day per week in order to assist with City with planning and zoning issues that arise during the day -to-day operations of the City. In exchange for such services, City will provide a pro rata portion of such employee’s salary and benefit to the County. (See Agreement for additional terms)
Motion Unanimously Approved.

Consider Inmate Housing Agreement between Cherokee County Board of Commissioners and City of Ball Ground

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to enter into an Inmate Housing Agreement between the Cherokee County Board of Commissioners consented to by Frank Reynolds in his capacity as duly elected Sheriff of Cherokee County, Georgia and the City of Ball Ground for the purpose and intent that the pursuance of law enforcement in and for the City and the County, the County and the Sheriff will accept, book and house Inmates for the City, subject to the terms outlined in the agreement.
Motion Unanimously Approved.

Item 8: City Manager Comments

City Manager Wilmarth provided Council Members with an unaudited report of
account balances, and statement of revenue and expenditures for the month ended February 29, 2020.

A written report of the Police Departments activity for the month ended February 29, 2020 was presented to Mayor and Council Members for review.

Item 9: Mayor Roberts

Mayor Roberts commended City Manager Wilmarth for his efforts in communicating up to date information concerning the COVID-19 Virus to council members and staff.

Mayor Roberts stated he would like to establish a youth council to involve and teach the youth in the City about local government. Mayor Roberts anticipated having the program in place by mid-summer.

Item 10: Council Comments

Council Member O’Malley stated the city ball fields would once again be home to Georgia Dizzy Dean Championship Baseball Tournaments.

Council Member Prettyman gave an update on the Sign Ordinance Committee meeting held prior to the council meeting. He stated the group made progress and hoped to have a draft to present to council soon,

Item 11: Public Comments – None

Item 12: Executive Session (If Needed)

Item 12: Adjourn
There being no further business for Mayor and Council consideraton a motion was duly made and seconded to adjourn at 8:35 PMThe minutes of this March 12, 2020 City Council Meeting approved this 14th Day of May 2020.

__________________________
A.R. (Rick) Roberts, III, Mayor

Attest: ___________________________
Karen L. Jordan, City Clerk

February 20, 2020

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

AGENDA
February 20, 2020

Item 1: Meeting Called to Order by Mayor Rick Roberts

Council Members and Staff Present:
John Byrd – Council Member
Mickey O’Malley – Council Member
Lee Prettyman – Council Member
Andrenia Stoner – Council Member
Chris Luly – City Planner
Darrell Caudill, City Attorney
Donna England, Finance Director
Eric Wilmarth, City Manager
Karen L. Jordan, City Clerk
Donald Campbell – Cherokee Tribune

Council Members Absent: Frank Homiller

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to pull Agenda Item 7(a).
Motion Unanimously Approved

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve the Agenda.
Motion Unanimously Approved.

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

Item 3: Appearances

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

Item 5: Approval of January 9, 2020 Council Meeting Minutes
Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve the minutes of the January 9, 2020 Council Meeting as submitted in writing by the City Clerk.
Motion Unanimously Approved.

Item 6: Old Business – None

Item 7: New Business
Consider Surplus of Property 420 Gilmer Ferry Road (Vacant Lot)

City Manager Wilmarth stated that this parcel of land was acquired several years ago. It has been used to access a 6-acre tract of city property behind the Community Center. Recently a new entrance was constructed eliminating the City’s need for the property.
Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to surplus property located at 420 Gilmer Ferry Road and advertising for sale on GovDeals.
Motion Unanimously Approved.

Consider Bids Received on Surplus Property 301 Gilmer Ferry Road
Consider Bids Received for Surplus Property located at 301 Gilmer Ferry Road

The City advertised to accept sealed bids for four weeks in the Cherokee Tribune for the sale of surplus property located at 301 Gilmer Ferry Road (Old City Hall). The City received 7 bids on the property with the highest bid being $103,929.00 from Jill Mirabella.

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to accept the bid of $103,909.00 for the sale of 301 Gilmer Ferry Road from Jill Mirabella.
Motion Unanimously Approved.

Consider Amendment to Section 104.12.E(2)e) of the Ball Ground Development Code (2 story buildings)

Now be it and it is hereby ORDAINED by the Mayor and City Council of the City of Ball Ground, that the CITY OF BALL GROUND CODE OF ORDINANCES Appendix A. Zoning. Division 104 District Standards and Permitted Uses. Section 104.12 (1)(e) is hereby amended by deleting the word two in said Section 104.12 (1)(e) and replacing it with the word three. From here forward the sentence shall read: Building shall not exceed three stories in height. When fronting a street or square, buildings shall be no less than three stories in height.

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to adopt the change as stated.
Motion Unanimously Approved.

Consider Amendment to Section 107.3.C of the Ball Ground Development Code (Sidewalks)

Now be it and it is hereby ORDAINED by the Mayor and City Council of the City of Ball Ground, that the CITY OF BALL GROUND CODE OF ORDINANCES Appendix A. Zoning. Division 107 Traffic and Parking Standards. Section 107.3 (c) is hereby amended deleting said section and replacing it with the following:

New Development containing at least one commercial structure shall install sidewalks along the road frontage of the property being developed.

New developments containing at least two (2) adjoining residential units shall install sidewalks along the road frontage of the property being developed.

New developments containing at least six (6) residential units shall install sidewalks along the road frontage of the property being developed, and within the development itself, unless all units are facing the public right of way and connected via the sidewalk installed on the road frontage.

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to adopt the change as stated.
Motion Unanimously Approved.
Consider of GMA Lease Purchase for Patrol Vehicle

City Manager Wilmarth presented a proposal to purchase a 2020 Ford Explorer Police Vehicle with equipment in the amount of $52,078.47.
Funding of this vehicle will be through the Georgia Municipal Association Lease/Purchase Program.

A Resolution to authorize the purchase of the police vehicle and direct an officer of the City to execute one or more lease supplements for a lease or leases under the GMA Direct Leasing Program; to designate such leases as qualified tax obligations; to provide an effective date; and for other purposes was presented to Council for consideration.

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to approve A Resolution to authorize the purchase of the 2020 Ford Explorer Police Vehicle with equipment and direct an officer of the City to execute one or more lease supplements for a lease or leases under the GMA Direct Leasing Program; to designate such leases as qualified tax obligations; to provide an effective date; and for other purposes as presented.
Motion Unanimously Approved

Consider Transfer of Alcohol License
Applicant: 10 Paperclips, LLC / DBA Les Bon Temp Louisiana Kitchen
Licensee/Owner: Christopher Brett Ruffino

Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to approve the transfer of alcohol license to applicant 10 Paperclips, LLC/DBA Les Bon Temp Louisiana Kitchen and whose owner is Christopher Brett Ruffino.
Motion Unanimously Approved.

Consider Resolution 2020-R01 Supporting Legislation for the Georgia Local Government Infrastructure Finance Authority Act

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve Resolution 2020-R01 Supporting Legislation for the Georgia Local Government Infrastructure Finance Authority Act.
Motion Unanimously Approved.

Consider a third SDS extension approved by the Board of Commissioners in its regular session of February 4, 2020.

City Manager Wilmarth stated the negotiations between the County and Cities have continued without coming to an agreement. By not coming to an agreement the County and Cities remain out of compliance with the Department of Community Affairs Service Delivery Strategy (SDS) and loose their Qualified Local Government Status (QLG). The County asked each City to consider approval of a third extension which would bring each back into compliance.

Council Member Stoner put forth a motion, Seconded by Council Member Byrd to join with the County to request an extension the existing SDS,
Motion Unanimously Approved.

 

Item 8: City Manager Comments

City Manager Wilmarth provided Council Members with an unaudited report of account balances, and statement of revenue and expenditures for the month ended January 31, 2020. The report showed cash on deposit totaled $1,297,986.25.

Staff is working with the County Marshal’s Office to draft an intergovernmental agreement to provide code enforcement within the City.

Recently the staff at the Senior Center expressed their desire to expand the facility. Although the facility is only two years the number of residents who attend activities at the center has grown. Staff will be working to prepare and submit an application for grant funding to expand the facility.

Work on the Roberts Lake Park Project has stalled due to the excessive amount of rain recently received.

A written report of the Police Departments activity for the month ended January 31, 2020 was presented to Mayor and Council Members for review.

Item 9: Mayor Roberts

Mayor Roberts gave a recap of the Council Planning Retreat held on January 13, 2020. One of the items discussed was a revision of the Sign Ordinance. An Ad hock committee comprised of Council Members John Byrd and Lee Prettyman along with Karla Weaver and Eric Wilmarth was appointed by Mayor Roberts.

Mayor Roberts stated he hoped to have the Intergovernmental Agreement with the Board of Commissioners signed so to begin Code Enforcement on or before July 1.

Item 10: Council Comments

Council Members Byrd, O’Malley, Prettyman and Stoner, each commended City staff for the excellent job they do each day.

Item 11: Public Comments

Christine Rogers resident of 217 Chestnut Street, appeared before Mayor and Council to express her thoughts of the number of properties that she believes continue to be in violation of a number of city ordinances.

Mrs. Rogers also commented on the 18 wheelers that are using Chestnut Street. She stated they are damaging the sidewalk and question if they are not responsible for a water leak that occurred. She questioned why ordinances were not being enforced.

City Manager Wilmarth stated Chief Reeves and his department is currently handling a number of complaints received. Once a complaint is filed proper steps must be taken before a citation is issued.

Mrs. Rogers requested something be done to stop the water from draining onto her daughter’s driveway located on Tatum Circle.

Item 12: 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 8:15PM.
Motion Unanimously Approved.

The minutes of this February 20, 2020 City Council Meeting approved this 12th Day of March 2020.

___________________________
A.R. (Rick) Roberts, III, Mayor

Attest: _________________________
Karen L. Jordan, City Clerk


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