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

MINUTES
September 14, 2017

Item 1: Meeting Called to Order to order by Mayor Rick Roberts.
Council Members Present: John Byrd, Frank Homiller and Andrenia Stoner
Council Members Absent: Mickey O’Malley and Lee Prettyman
Staff Present: Donna England, Michael Chapman, Darrell Caudill, Eric Wilmarth and Karen Jordan

Item 2: Pledge of Allegiance

Item 3: Appearances – None

Item 4: Announcements/Informational Items/Project Updates – City Manager
September 23, 2017 – Movie in the Park
October 28, 2017 – Annual Spooktacular Event

Item 5: Consider Approval of August 10, 2017 Council Meeting Minutes
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve the minutes of the August 10, 2017 Council Meeting as submitted in writing by the City Clerk.
Motion Unanimously Approved

Item 6: Old Business
a) Consider Second Reading of Application for New Alcohol License
Applicant: Locally Yours, LLC located at 245 Gilmer Ferry Rd.
Council Member Homiller put forth a motion, Seconded by Council Member Byrd to approve the application for an alcohol license for 245 Gilmer Ferry Road.
Motion Unanimously Approved

b) Consider Second Reading of Annexation Petition
Applicant: Randall C. Carter & Cynthia S. Carter
475 Old Howell Bridge Rd.
Presently Zoned: Light Industrial Applicant is not seeking to rezone
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve the second reading of an application for annexation submitted by Randall C. Carter and Cynthia Carter.

To annex property in the City of Ball Ground, Georgia, pursuant to Chapter 36 of Title 36 of the Official Code of Georgia Annotated (O.C.G.A.); to provide an effective date of said annexation and zoning and for other purposes.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BALL GROUND:

The following area contiguous to the City of Ball Ground, Georgia is hereby annexed and zoned into and is made part of said City:

Section 1
4.83 +/- acres, identified as parcel 072 tax map 03N01, Parcel Identification Number 03-0067-0001, Land Lot 0067 of the 3rd District of Cherokee County, located on Old Howell Bridge Road.

Section 2
Upon annexation, this tract shall be zoned LI, Light Industrial.

Section 3
This ordinance shall become effective on the 1st day of October, 2017.

Section 4
The City Clerk of the City of Ball Ground is hereby directed to notify the Georgia Department of Community Affairs within thirty (30) days after the effective date of the annexation as set forth in section 3 above. The City Planner of the City of Ball Ground is hereby directed to make any necessary changes to the official City of Ball Ground Zoning and Boundary map.

All ordinance and parts of ordinances in conflict with his ordinance are hereby repealed.

Approved this 14th day of September 2017 by the Mayor and City Council of the City of Ball Ground, Georgia.

CITY OF BALL GROUND

c) Consider Second Reading An Ordinance As Related to Code Section 103.3 (Rain Sensor Shut Off)
Council Member Stoner put forth a motion, Seconded by Council MemberCouncil Member Homiller that The Code of The City of Ball Ground, Georgia is hereby amended by adding to the following section Subpart B Titled Land Development; Chapter 103 Titled Buildings and Building Regulation; Article 1. In General; Section 103.3 Rain Sensor Shut Off Required: All irrigation systems installed within the City of Ball Ground Water Service Delivery Area and within the Corporate City Limits must be equipped with a rain sensor shut off.
Motion Unanimously Approved

d) Consider Second Reading of An Ordinance – Water Meters
Council Member Byrd put forth a motion, Seconded by Council Member Stoner to that The Code of The City of Ball Ground, Georgia is hereby amended by adding to the following section Chapter 28 Division 2. Titled Rules and Regulations: Water Meters:

(a) All connections to the City of Ball Ground Municipal Water System must be metered.

(b) The city reserves the right to meter any existing unmetered connection, and to charge the standing prices to install the meter.
(c) Users with meters must have their entire water supply to the premises on which they are set, metered, and they will be charged for all water that passes through the meter, whether used or wasted.

(d) All master meters installed in the system must be sub-metered by the owner at the point of use for each individual commercial/industrial space or business.

(e) Every individual dwelling or unit in a multi-family structure will be individually metered.

(f) Connections to a drive-thru car wash will not be established unless the car wash is equipped for water recycle.

(g) All water meters will be set on public right of way. The city reserves the right to relocate any existing meter on private property to the public right of way.
Motion Unanimously Approved.

e) Consider Second Reading of An Ordinance – Water Waste Management
Council Member Byrd put forth a motion, Seconded by Council Member Stoner to that The Code of The City of Ball Ground, Georgia is hereby amended by adding the following section as related to Water Waste Management.
Motion Unanimously Approved

WATER WASTE MANAGEMENT

Waste of water; prohibitions.

(a) The following uses are a waste or unreasonable use or method of use of water and are prohibited:

(1) Allowing water to escape from any premises onto public right-of-way, such as streets and sidewalks, or upon any other person’s property;
(2) Operating an irrigation system or other lawn or landscaping watering device during rain;

(3) Operating an irrigation system or other lawn or landscaping watering device that has any broken or missing sprinkler heads;

(4) Failing to repair a controllable leak, including a broken sprinkler head, or a leaking valve, or a leaking outdoor faucet, or a service line leak, or any other visible outside water leaks, on premises owned, leased, or managed by that person, within thirty (30) days;

(5) Washing any vehicle with a hose and not having a water shut-off nozzle or allowing water to run continuously from a hose while washing any vehicle is also prohibited.

Exemptions.
(a) The restrictions in section (Waste of Water; prohibitions) do not apply to the following authorized uses:

(1) Flow resulting from firefighting or routine inspection of fire hydrants or from fire training activities;
(2) Water applied as a dust control measure, as required by erosion and sedimentation rules;

(3) Water applied to abate spills of flammable or otherwise hazardous materials, where water is the appropriate methodology;

(4) Water applied to prevent or abate health, safety, or accident hazards when alternate methods are not available;

(5) Water used for construction or maintenance activities where the application of water is appropriate methodology and where no other practical alternative exists;

(6) Water used for power washing hard surfaces to alleviate safety or sanitary hazards, unless prohibited by drought restrictions;

(7) Mobile car washes when approved or a special use permit is obtained from the local authority;

(8) Emptying of swimming pools for maintenance when proper local rules are followed.

Penalties for violations.

(a) Water wasting includes water waste by any classifications of user;

(b) Whenever the director of public works, city manager or mayor determines that there is a waste of water in or about premises to which water is supplied from the city, either by willful waste or by means of a leak in any water pipe or fixture located in or upon the premises, said waste may cause the water to be cut off.

(c) Any person found guilty of violating any provision of this article shall be punished as provided in section 1-8 of this Code;

(d) In addition to the penalty provided for the violation of this article, the city may maintain an action or proceeding in any court of competent jurisdiction to compel compliance with or restrain any violation of this article.

Item 7: New Business
a) Consider Amendment to Valley Overlay District
City Manager Wilmarth stated the Valey District Map amended at the March 9, 2017 Council Meeting to include the original City boundaries to the north and entire parcels, rather than just following the original one half mile radius from the old city hall located at 301 Gilmer Ferry Road failed to identify the area of Grogan Street, Dixie and Billy Lane. City Manager Wilmarth asked Council Members to approve the amendment to the map to identify the properties in the area identified.

Council Member Byrd put forth a motion, Seconded by Council Stoner to identify the areas of Grogan Street, Dixie and Billy Lane on the City of Ball Ground Valley Streete Overlay Map. (See Map Below)
Motion Unanimously Approved.

b) Consider RESOLUTION 2017 – R03 – Removal of Portions of State Route 372 From the State Highway System
Mayor Roberts stated the resolution below is to reinforce efforts to remove portions of SR 372 from the Georgia Department Of Transportation System.

City Manager Wilmarth stated the Downtown Development Authority at a recent meeting voted unanimously to support the Council in this endeavor.

Council Member Byrd put forth a motion, Seconded by Council Member Homiller to adopt the Resolution below.
Motion Unanimously Approved,

CITY OF BALL GROUND

RESOLUTION 2017 – R03

CONCERNING REMOVAL OF PORTIONS OF STATE ROUTE 372
FROM THE STATE HIGHWAY SYSTEM

WHEREAS, Gilmer Ferry Road in Downtown Ball Ground was designed and constructed as a City Street; and

WHEREAS, The State of Georgia took control of Gilmer Ferry Road in 1973 and converted the roadway for use as State Route 372; and

WHEREAS, the road was not designed or built to accommodate high volume vehicle traffic and heavy loads; and,

WHEREAS, the asphalt condition of SR 372 continues to deteriorate through the Gilmer Ferry corridor due to excessive weight and vehicle traffic; and,

WHEREAS, the City of Ball Ground downtown businesses are suffering from road conditions such as excessive truck traffic, and noxious odors from agricultural truck traffic; and,

WHEREAS, The Georgia Department of Transportation is willing to remove State Route 372 beginning at intersection of State Route 369 and extending to intersection of State Route Business 5 and return these sections of roadway back to Cherokee County and the City of Ball Ground for maintenance and traffic control; and

WHEREAS, The Georgia Department of Transportation has agreed to bring this section of roadway to The Georgia Department of Transportation standard prior to turning over to Cherokee County and the City of Ball Ground for maintenance.

NOW THEREFORE, Be it Resolved by the Mayor and City Council on this 14th day of September 2017 that the City of Ball Ground is fully supportive of this proposal and is officially requesting that the Cherokee County Board of Commissioners endorse and support this concept to remove excessive truck traffic from downtown Ball Ground as soon as possible.

c) Consider Special Events Policy and Procedure
City Manager Wilmarth stated that as we are contacted by various organizations, etc to conduct special events in our City it is important to have a policy that addresses certain issues associated with special events. The document stated below does just that. City Manager stated the document was sent to council members earlier for their review and consideration at tonight’s meeting.

Council Member Homiller put forth a motion, Seconded by Council Member Stoner to approve the Special Events Policy and Procedure as submitted.
Motion Unanimously Approved

SPECIAL EVENTS
POLICY AND PROCEDURES
The following is an informational guide of our policy and procedures provided by the City of Ball Ground. Special Events provide opportunities to promote community welfare and quality of life thus contributing to the economy of the City of Ball Ground; conditions and restrictions under the Special Event Permit are intended to protect the community and general public health, safety and welfare.
This policy is intended to work in cooperation with all other applicable rules, regulations, laws and ordinances of the City of Ball Ground.

Definition of Special Event
A special event is any activity sponsored by an organization or individual for profit or non-profit and held on public property or private and shall include but not be limited to block parties, trade shows, festivals, fairs, fun runs, roadway foot races, fundraising walk, auction, bikeathons, parades, carnivals, filming/movie events, concerts, motorcycle rides, and which event is to be held:
1) Wholly or partially on property owned or maintained by the City
2) On a street or sidewalk located within the City and will likely result in the obstruction of such streets or sidewalks or will likely compromise the ability of the City to respond to a public safety emergency; or
3) On any other property, but requires for its successful execution the provision and the coordination of the City services to a degree over and above that which the City routinely provides.

Permit required
A permit is required for Special Events; an application must be submitted to the City of Ball Ground not less than thirty (60) calendar days and not more than three hundred sixty-five (365) calendar days prior to the event. In addition to a special event permit, other permits and licenses may be required (i.e. electrical permit, signs permit, alcohol permit, etc.) The following documents are required when submitting a completed permit application;
Lay out of the event area, including locations of all tables, chairs, tents, stages, etc.
Plans for parking
Sanitation plans
Copies of contracts, certifications, and State licenses.
Map of the race/parade route

Permit fees
The processing and permit fees are non-refundable payable to the City of Ball Ground.
Processing fee $50.00 non-refundable (required by all applicants; to be included at time of application) (exceptions will be the City sponsored events, and other governmental entities)
In addition to the special event permit, other permits and licenses may need to be obtained. This may incur additional fees payable to the individual departments/organizations.

Insurance
Insurance coverage is required; a general liability insurance (comprehensive liability) policy covering bodily injury, including death, personal injury and property damage, with limits of not less than one million dollars ($1,000,000) combined single limit (CSL) per occurrence, and including the City of Ball Ground, Georgia as an additional insured party. The certificate of insurance is to be provided to the City of Ball Ground no less than fourteen (14) days prior to the scheduled event. The insurance agency must be licensed in the state of Georgia.

Parking
The event organizer is responsible for the organization of parking at the event site. Participants must adhere to all parking regulations. Event organizer must secure additional parking for larger events. A parking plan must be submitted with the application.

Event equipment and layout
A layout of the event area, including the location of all tables, chairs, tents, stages, vendor set-up, portable restrooms, and other equipment must be submitted with the application.

Alcohol
Alcohol sales and consumption is permitted only with the approval from the City Clerk’s Office in accordance with City of Ball Ground alcohol ordinance. Applying for an alcohol license may take up to 30 days, please plan accordingly. All required licensing and insurance pertaining to the serving of alcohol is the responsibility of the event organizer.

Sanitation
Event organizers are responsible for the removal of all trash and debris related to the special event. For events attracting a large number of individuals, it is recommended that trash removal services be contracted with a private vendor. It is the event organizer’s responsibility to make all arrangements and pay all fees applicable.

Restrooms facilities
Restrooms facilities may be required by the State Office of Environmental Health depending upon the size and type of event. The location of restroom facilities must be approved prior to the event. The organizer of the event is responsible for making all arrangements and payment of fees.

Sound system
The Event organizer must notify of any intended use of sound system during the event. All concerts and events must adhere to the City of Ball Ground Noise Ordinance. All events must conclude by 12:00AM midnight Monday through Saturday and 6:30PM Sunday.

Fire safety plan
Applications will be reviewed by the Cherokee County Fire Marshal. When a fire official determines that the gathering of persons will impact the provision of fire safety services, a plan for the provision of safety services will be prescribed by the Cherokee County Fire Marshal.

Food sales
Any intention to sell food must be indicated in the application. It is the responsibility of the event organizer to contact the State Office of Environmental Health and obtain any necessary permits.

Discrimination
The applying organization, association, or entity shall not discriminate or advocate discrimination on account of race, color, religion, creed, national origin, age, gender or disability.

Revocation of permit
The Ball Ground City Council, City Manager and his or her designee shall have the authority to revoke any permit and close the event immediately upon violation of the conditions set forth herein and /or where staging of the event would have an immediate and adverse effect on the welfare and safety of persons or property.

d) Consider First Reading of New Ordinance to The Code of The City of Ball Ground Chapter 28 Titled Utilities; Division 3. Sewers: Prohibiting private wastewater systems within the City of Ball Ground service delivery area.

City Manager Wilmarth stated this is another ordinance we are required to adopt per the Metro North Georgia Water Planning Distirct to aid and assist in the water conservation.

Chapter 28 Titled Utilities; Division 3. Sewers: Prohibiting private wastewater systems within the City of Ball Ground service delivery area

Sec. 28-85 Private Wastewater Systems

A) Private wastewater systems shall not be permitted within the City of Ball Ground service delivery area.

Council Member Stoner put forth a motion, Seconded by Council Member Byrd to adopt the above-stated Ordinance to prohibit private wastewater systems in the City of Ball Ground Service Delivery Area.
Motion Unanimously Approved.

e) Consider First Reading of New Ordinance to The Code of the City of Ball Ground Chapter 22 Titled Solid Waste; Article II. Collection and Disposal
City Manager Wilmarth stated city residents would be required to subscribe to trash services through the city thus eliminating any other trash haulers from collecting and disposing trash inside the city limits.

New Ordinance to The Code of the City of Ball Ground Chapter 22 Titled Solid Waste; Article II. Collection and Disposal

SOLID WASTE COLLECTION AND DISPOSAL

ARTICLE I. – NONCOMMERCIAL SOLID WASTE

Sec. 78-1. – Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
Bulky waste. Those items of furniture, such as sofas, chairs, tables, carpets and other large items such as mattresses, electronics, tubs, toilets, picnic tables and benches, which cannot reasonably be placed in a 95-gallon rollout cart.
C & D materials. Waste materials generated by the construction, remodeling, repair or demolition of residential, commercial or other structures.
Collector. A person who is permitted by the city by contract agreement to engage in the business of collection or transportation of solid waste, with or without compensation, from residential dwellings; provided, however, that this definition shall not include an individual collecting and/or transporting waste from his own single-family dwelling unit.
Commercial premises. All non-residential premises, public or private, requiring solid waste collection within the city, including commercial, industrial, institutional, and governmental premises.
Commercial solid waste. All garbage, rubbish and other acceptable waste generated by commercial premises and all C & D Materials, excluding hazardous waste.
Composting. The controlled biological decomposition of organic matter into stable, odor free humus.
Construction/demolition waste. Waste building material and rubble resulting from construction, remodeling, repair, and demolition operations of pavements, houses, commercial buildings and other structures. Such wastes include, but are not limited to asbestos, asbestos-containing waste, wood, brick, metal, concrete, wall board, paper cardboard, inert waste, landfill material, and other nonputrescible wastes which have a low potential for groundwater contamination.
Curbside. The location adjacent to the traveled portion of a publicly owned roadway designated by the contractor for the placement of carts and other solid waste and recyclables for collection.
Disposal facility. Any facility or location where any treatment, utilization, processing, or deposition of solid waste occurs.
Disposal operation. The performance of solid waste disposal, including administration, personnel, land, equipment, design, and other elements necessary or used in the work of solid waste disposal.
Disposal site. The location or land area where the final disposition of solid waste occurs.
Dispose. To get rid of, deal conclusively with or transfer to the control of another.
Garbage. Putrescible animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
Hazardous waste. Solid or liquid waste material resulting from the manufacture or use of pesticides and drugs (other than normal household use); pathological wastes; highly flammable or explosive wastes; toxic wastes; sewage sludge; and other waste material determined to be a likely hazard to the public health, safety, or environment, except radioactive waste materials as provided for in Rules of the Department of Human Resources, Chapter 270-5-20, entitled “Radioactive Materials.”
Industrial waste. Waste materials generated in industrial operations.
Landfill. A method of disposing of solid waste, other than putrescible waste or hazardous wastes, on land by placing an earth cover thereon.
Municipal solid waste. All types of solid waste including garbage, trash, and sanitary waste in septic tanks from hotels, motels, bunkhouses, campgrounds, picnic grounds, and day-use recreation areas. The term includes yard trimmings and commercial solid waste, but does not include construction and demolition waste and solid waste from mining, agricultural, or silvicultural operations or industrial process or operations.
Open dump. A disposable site at which solid waste from one or more sources is consolidated and left to decompose, burn, or to otherwise create environmental pollution or nuisance.
Owner. Any person, firm or corporation owning, leasing, renting occupying, or managing any premises in the jurisdiction of the City of Ball Ground.
Person. The State of Georgia or any other state agency or institution thereof, and any municipality, county, political subdivision, public or private corporation, solid waste authority, special district empowered to engage in solid waste management activities, individual, partnership, association or other entity in Georgia or any other state. This term also includes any officer of governing or managing body of any municipality, political subdivision, solid waste authority, special district empowered to engage in solid waste activities, or public or private corporation in Georgia or any other state. This term also includes employees, departments, and agencies of the federal government.
Plastic bag. A polyethylene or other heavy duty plastic bag meeting the National Sanitation Foundation Standard of at least 1.5 mills and not exceeding a 30-gallon capacity, with securing twist ties.
Provider: The person or company chosen to haul and dispose of solid waste for the citizens of the city by the mayor and council.
Putrescible waste. Wastes that are capable of being decomposed by microorganisms, including kitchen wastes, manure, offal, hatchery and poultry wastes, and garbage.
Reclamation. A controlled method of sorting and storing solid wastes for future use in accordance with an approved plan.
Recovered materials. Those materials which have known uses, reuses, or recycling potential such as newspaper, glass, cardboard, aluminum cans, metal cans, and plastics; those items that can be feasibly used, reused, or recycled; and those items that have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling whether or not requiring subsequent separation and processing.
Recycling. Any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products.
Refuse. All putrescible and non-putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid commercial and industrial wastes.
Residential premises: A dwelling within the city limits occupied by a person or group of persons, including single family homes, duplexes, triplexes, quadraplexes, and mobile homes whether such mobile homes are registered as vehicles or assessed as real property.
Rubbish. Non-putrescible solid wastes (excluding ashes), consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, and similar materials.
Sanitary landfilling. A method of disposing of putrescible waste and/or hazardous waste on land by placing an earth cover thereon.
Scavenge. Uncontrolled picking from discarded waste materials.
Service provider. A person, persons or entity granted an authorization to provide service by the City of Ball Ground governing authority who, under written agreements for compensation by those receiving services, does the work of collecting and transporting solid waste.
Solid waste. Discarded putrescible and non-putrescible waste, except water carried body waste and recovered materials, and shall include garbage; rubbish – such as paper, cartons, boxes, wood, tree branches, yard trimmings, furniture and appliances, metal, tin cans, glass, crockery, or dunnage; street refuse; dead animals; sewage sludge; animal manure; industrial waste; such as waste materials generated in industrial operations; residue from solid waste; thermal treatment technology; food processing waste; construction waste; and any other waste material in a solid, semi-solid, or liquid state not otherwise defined.
Solid waste handling. The storage, collection, transportation, treatment, utilization, processing, or disposing of solid wastes, or any combination thereof.
Solid waste handling facility. Any facility the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal or any combination thereof, of solid waste.
Transfer station. A facility used to transfer solid wastes from one transportation vehicle to another for transportation to a disposal facility.
Waste stream. The total flow of solid waste from commercial establishments, institutions and the like to its ultimate disposal site or facility.
Yard trimmings. Leaves, brush, grass clippings, shrub and tree prunings, discarded Christmas trees, nursery and greenhouse vegetative residuals, and vegetative matter resulting from landscaping development and maintenance other than mining, agricultural, and silvicultural operation.
Sec. 78-2. – Administration.
(a) The mayor is hereby authorized on behalf of the city to enter into an agreement with a service provider to provide for solid waste management to include, but not be limited to, the collection, removal and disposal of solid waste for all citizens residing at residential premises within the City of Ball Ground. The mayor shall, with the approval of the city council, execute an agreement binding the city to the agreement for such a period of time as may be allowed by law and as determined by the city council to be in the best interest of all the citizens of the city.
(b) The City Manager shall have the power and authority to enforce the duties and obligations of the agreement between the selected provider and the city.
(c) To the extent it is necessary to carry out the administration of the solid waste management code, the City Manager shall have the authority to establish rules and regulations not inconsistent with any terms contained in the solid waste management agreement between the provider and the city.
(d) The City Manager shall have the power and authority to enforce the requirements for solid waste management as specified throughout this chapter. It shall be unlawful for any person to fail to adhere to the provisions provided for in this chapter.
(e) Nothing herein shall be deemed to require those persons who dispose of solid waste generated only in their own private residence by personally delivering such solid waste directly to an approved landfill, an excluded private resident.
(f) Further, to the extent there is a binding irrevocable contract in place for solid waste pickup with a person, this chapter shall not be binding on such person (an excluded private resident) until such time as such contract expires. Said contract may not be renewed after the date of the ordinance from which this chapter is derived.
(g) All refuse accumulated in the city shall be collected, conveyed and disposed of by the provider at a permitted subtitle D sanitary landfill designated by provider. The provider shall have the ability to recommend regulations concerning precollection practices for both refuse collection and recyclable item collection, the days of collection, type and location of waste containers and recycling bins, and such other matters pertaining to the collection, conveyance, and disposal as it shall find necessary, and to recommend changes and modifications to the same. The provider shall agree that it has been provided with a copy of this chapter, and is familiar with and to the extent required will adhere to its provisions.
(h) All refuse accumulated in the city shall be collected, conveyed and disposed of by the provider, except as otherwise provided for in this chapter. No other person shall collect, convey over any of the streets or alleys of the city, or dispose of any refuse accumulated in the city. Nothing contained in this chapter shall preclude any producer from recycling any garbage or rubbish generated by that producer; provided, that recycling function is carried on entirely by that producer and is transported to a recycling facility in a vehicle owned or leased by and driven by that producer.
Sec. 78-3. – Preparation and storage of waste.
(a) No person shall keep or store solid waste outside of any residence or building within the city, except in proper containers for collection or otherwise prepared, as set forth in this chapter.
(b) Garbage containers shall be provided to the owner or occupant of each residence or establishment sufficient in number to accommodate such waste generated by the residence or establishment between collections. Containers shall be of durable metal or plastic, water-tight, non-absorbent, rust-resistant, rodent-proof, and easily cleaned. Containers shall be equipped with handles and tightly fitted covers and shall have a capacity of not less than 15 gallons nor more than 95 gallons.
(c) Disposable paper or plastic bags of a type, size, and material designed for solid waste disposal may be used to contain refuse for storage and collection, provided they are unbroken, sealed, and loaded in such manner that normal handling will not cause the bag to open.
Sec. 78-4. – Placement of waste containers for pickup.
On days designated as collection days by the provider, garbage and/or rubbish shall be placed for collection on the curb or beside the roadway in front of the residence or establishment owning same, or if the property abuts on an alley, at the rear of the property, but not in the gutter or in the street or alley in such manner as to interfere with pedestrian or vehicular traffic. By previous agreement with the City, residential, collection procedures, may be altered to provide for placement of garbage and/or rubbish in an area adjacent to the residence.
Sec. 78-5. – Collection of waste.
(a) No person shall place or cause to be placed in any container, box or bundle, or otherwise for collection, any hazardous waste of any kind except upon specific prior arrangement with the city, county health department and the provider.
Sec. 78-6. – Unauthorized accumulation of waste; nuisance.
Any unauthorized accumulation of solid waste is hereby declared to be a nuisance and is prohibited. The building inspector by written notice shall notify the owner or occupant of any premise with such solid waste accumulation to remove same. Failure to remove such accumulation within two weeks of the date of such written notice shall be deemed a violation of these regulations and subject the owner or occupant to penalties hereinafter set forth. A separate violation shall be deemed committed each day during or upon which such unlawful accumulation continues.
Sec. 78-7. – Disposal of waste.
(a) All disposal of solid waste shall be at disposal sites operated in accordance with state laws and with rules and regulations of the Georgia Department of Natural Resources, and at no other place. Waste deposited during the operating hours at any site operated by the county or municipality shall be placed as designated by the attendant on duty.
(b) No truck shall discharge waste at a publicly operated disposal site unless the owner’s name, telephone number, permit number, truck number, and rated load capacity are clearly printed on the door of such truck or in an equally conspicuous place.
Sec. 78-8. – Scavenging.
No person other than the owner or authorized collection personnel shall sift the contents of or remove anything from containers, boxes, or bundles containing garbage or rubbish.
Sec. 78-9. – Littering.
No person shall throw or deposit any litter within the city except in public receptacles or in private receptacles authorized by this chapter for collection.
Sec. 78-10. – Service charges.
(a) Solid waste service charges for the purpose of financing the collection and disposal of refuse in the city shall be as established by the City of Ball Ground and may be adjusted from time to time and published in the schedule of fees for the City.
(b) Delinquent accounts shall be subject to the following:
(1) A ten-percent penalty shall be assessed on all accounts considered delinquent.
(2) Solid waste services are a package utility service in conjunction with water and sewer. Termination of services shall be in accordance with service policies for water and sewer.
(c) Solid waste deposits and service charges shall be collected and/or billed by the City of Ball Ground directly to the customer in accordance with the solid waste provider agreement.
Sec. 78-11. – Enforcement.
(a) The City Manager shall be responsible for the administration and enforcement of this chapter. He shall inspect and regulate the operations of private collectors and private transportation and disposal systems to insure that such operations are in compliance with the provisions of this chapter.
(b) All regulatory actions of the City Manager shall be subject to the review of the city council.
(c) Any person aggrieved by the action of the City Manager shall have the right to appeal to the city council, who may, upon hearing, confirm, modify, or revoke such action.
Sec. 78-12. – Penalties.
Any person convicted of violating any of the provisions of this chapter shall be punished by a fine not exceeding $100.00 for each violation or be imprisoned not to exceed 30 days, or both, at the discretion of the judge of the municipal court.

Council Member Homiller put forth a motion, Seconded by Council Member Stoner to approve the first reading of this ordinance.
Motion Unanimously Approved

f) Consider the Following Items as Surplus Property
• One Acre Tract on Church Street
• One John Deere Zero Turn Mower (not economically feasible to repair)
• One Utility Trailer (Bent Axle – Not feasible to repair – Scrap Metal)

City Manager Wilmarth asked Council Members to consider the items listed above as surplus and they are listed on GovDeals for sale.

Council Member Homiller put forth a motion, Seconded by Council Member Byrd to surplus the items identified above and list each of them on GoveDeals for sale.
Motion Unanimously Approved.

Item 8: City Manager Comments
Financial Report – City Manager Wilmarth presented an unaudited report of account balances, statement of revenue and expenditures for the month ended August 31, 2017. The report showed cash on deposit totaled $720,328.36.

Other Items Reported:
• City Property Tax bills are expected to be mailed out within the month.

• Mayor Roberts recently notification from the Georgia Department of Community Affairs that the proposed development along Coy M. Holcomb had submitted an application for housing credits for the development.

• Sealed bids are now being accepted for the construction of a Senior Services Building on Groover Street. The opening of bids is scheduled for Thursday, September 28, 2017, at 200 PM.

• LMIG Safety grant received by the City for the improvements of the Groover St. RR crossing has not been well received by the company that owns the rail system. City Staff continues to work out the details of the project with the company that owns the rail system.

• City Staff continues to educate local businesses and residents on the damage disposing grease into the sewage lines have on our sewage system. Several lines within the system have been found clogged with grease. Cleaning the lines is a costly expense to the City.

• The Livable Center Initiative (LCI) Study under the direction of Dan Reuter has begun.

• Phase III of Mountain Brooke Subdivision is now under construction.

• Chief Reeves prepared a written report of the department’s activity for the month ended August 31, 2017.

Item 9: Mayor Roberts & City Council Comments
Mayor Roberts discussed with Council Members and staff the possibility of having the annual planning retreat before the end of the year. No date was set.

Mayor Roberts discussed the proposed workforce housing development slated to be constructed at corner of Old Canton Road South and Coy M. Holcomb St. He stated the development is a permitted use in the present zoning of TND and would be built using the specified design standards. Mayor Roberts asked City Manager Wilmarth to compile a fact sheet for the project to assist with questions residents may have.

Council Member Byrd proposed a work session be held prior to a regularly scheduled council meeting beginning in 2018.

Council Member Byrd discussed with Mayor and Council Members a plan proposed by the Downtown Development Authority/Main Street Board to modify/update Gazebo Park. The proposed plan would make the park more user- friendly by:
• Relocate the existing gazebo to Calvin Farmer Park
• Add park benches and picnic tables to the area

Council Members unanimously agreed the DDA/Main Street Board move forward developing a plan to improve the park area.

Item 10: Public Comments – None

Item 11: Executive Session (If Needed)

Item 12: Adjourn
There being no further business for Mayor and Council Members consideration a motion was duly made to adjourn at 8:15 PM.

The minutes of this September 14, 2017, Meeting of Council approved this 12th Day of October 2017.

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

MINUTES
August 10, 2017

Item 1: Meeting Called to Order to order by Mayor Rick Roberts.
Council Members Homiller, O’Malley and Stoner present
Council Members Byrd and Prettyman were absent

Staff Present: Darrell Caudill, Bryon Reeves, Eric Wilmarth and Karen L. Jordan

Item 2: Pledge of Allegiance

Item 3: Appearances – None

Item 4: Announcements/Informational Items/Project Updates – City Manager
City Manager Wilmarth reported on the list of vents scheduled for the upcoming months.

Item 5: Consider Approval of July 13, 2017, Council Meeting Minutes
Council Member O’Malley put forth a motion, Seconded by Council Member Homiller to approve the minutes of the July 13, 2017, Council Meeting as submitted in writing by the City Clerk.
Motion Unanimously Approved.

Item 6: Old Business
a) Consider Second Reading of Changes to Ancillary Tasting Room Ordinance
Council Member Homiller put forth a motion, Seconded by Council Member O’Malley that The Code of The City of Ball Ground, Georgia is hereby amended by adding a section to Chapter 4 Titled Alcoholic Beverages; Article XIV – Ancillary Wine Tasting License: A beer made in a traditional or non-mechanized way by a small, independent and traditional brewery producing less than 6 million barrels of beer annually. Less than 25 percent of the craft brewery is owned or controlled (or equivalent economic interest) by an alcohol industry member that is not itself a craft brewer.
Motion Unanimously Approved

b) Consider Second Reading of 2016/2017 Budget Amendments
Council Member Homiller put forth a motion, Seconded by Council Member O’Malley to approve the following amendments to the 2016/2017 FY Budget.
Motion Unanimously Approved.

FY-16 BUDGET AMENDMENT
REVENUE
Original Amendment
100-0000-00-311100 Real Property Current $320,000 $327,000 $7,000
100-0000-00-316200 Insurance Premium Tax $85,000.00 $89,000 $4,000
100-0000-00-322110 Building Permits $62,000 $68,000 6,000
100-0000-00-351170 Municipal Court Fines $40,000 $60,000 $20,000
100-0000-00-382001 Right of Way Fees $0 $18,000 $18,000
$55,000
EXPENSES

CLERK
100-1130-10-511100 Salaries/Wages $52,020 $54,000 ($1,980)
100-1130-10-523500 Travel $5,000 $7,500 ($2,500)

Administrative
100-1500-10-579000 Contingencies $31,844 $36,492 ($4,648)

COURT
100-2650-80-523600 Dues and Fees 9,000 $10,000 ($1,000)

POLICE
100-3223-20-511100 Salaries/Wages $191,128 $200,000 ($8,872)
100-3223-20-522200 Repairs/Main $8,000 $12,000 ($4,000)
100-3223-20-523100 Liability Insurance $6,200 $8,200 ($2,000)

PARKS and REC

100-6220-45-522140 Grounds Maint $51,000 $63,000 ($12,000)
100-6220-45-522140 Repairs and Maint $4,000 $8,000 ($4,000)
100-6220-45-541217 Botanical Gardens $5,000 $14,000 ($9,000)
100-6220-45-531100 Supplies & Materials $5,000 $7,000 ($2,000)

TREE CITY EXPENSE

100-6240-10-572000 Tree City $2,866 $5,866 ($3,000)

Item 7: New Business
a) Consider First Reading of Application for New Alcohol License
Applicant: Locally Yours, LLC located at 245 Gilmer Ferry Rd.
Council Member Homiller put forth a motion, Seconded by Council Member O’Malley to approve the first reading of an Application for New Alcohol Beverage License as submitted by Locally Yours, Inc. located at 245 Gilmer Ferry Road. The business is owned by Kim Elizabeth Demaroney and Nicole Howard.
Motion Unanimously Approved.

b) Consider First Reading of Annexation Petition
Applicant: Randall C. Carter & Cynthia S. Carter
4.83 Acres located at 475 Old Howell Bridge Rd.
Presently Zoned: Light Industrial Applicant is not seeking to rezone
Council Member Homiller put forth a motion, Seconded by Council Member Stoner to approve the Petition for Annexation of 4.83 acres (03N01-072) located at 475 Old Howell Bridge Road owned by Randall & Cynthia Carter.
Motion Unanimously Approved.
c) Consider First Reading of an Ordinance As Related to Code Section 103.3 (Rain Sensor Shut Off)
City Manager Wilmarth stated the Metro North Georgia Water Planning District has compiled a list of detailed strategies for intensive water demand management and aggressive water conservation in our region. The plan included a number of aggressive water conservation measures to be implemented by local water systems. Three of them are on tonight’s agenda for council consideration.

Mayor Roberts and Council Members agreed that water is a valuable commodity and conservation is a top priority.

Council Member Homiller put forth a motion, Seconded by Council Member O’Malley that The Code of The City of Ball Ground, Georgia is hereby amended by adding to the following section Subpart B Titled Land Development; Chapter 103 Titled Buildings and Building Regulation; Article 1. In General; Section 103.3 Rain Sensor Shut Off Required: All irrigation systems installed within the City of Ball Ground Water Service Delivery Area and within the Corporate City Limits must be equipped with a rain sensor shut off.
Motion Unanimously Approved.

d) Consider First Reading of an Ordinance As Related to Installation of Water Meters Within City of Ball Ground Municipal Water System.
Council Member Homiller put forth a motion, Seconded by Council Member Stoner that The Code of The City of Ball Ground, Georgia is hereby amended by adding to the following section Chapter 28 Division 2. Titled Rules and Regulations:

Water Meters:

(a) All connections to the City of Ball Ground Municipal Water System must be metered.

(b) The city reserves the right to meter any existing unmetered connection and to charge the standing prices to install the meter.

(c) Users with meters must have their entire water supply to the premises on which they are set, metered, and they will be charged for all water that passes through the meter, whether used or wasted.

(d) All master meters installed in the system must be sub-metered by the owner at the point of use for each individual commercial/industrial space or business.

(e) Every individual dwelling or unit in a multi-family structure will be individually metered.

(f) Connections to a drive-thru car wash will not be established unless the car wash is equipped for water recycle.

(g) All water meters will be set on public right of way. The city reserves the right to relocate any existing meter on private property to the public right of way.
Motion Unanimously Approved.

e) Consider First Reading of An Ordinance As Related to Water Waste Management
Council Member O’Malley put forth a motion, Seconded by Council Member Homiller that The Code of The City of Ball Ground, Georgia is hereby amended by adding the following section:
Motion Unanimously

WATER WASTE MANAGEMENT

Waste of water; prohibitions.

(a) The following uses are a waste or unreasonable use or method of use of water and are prohibited:

(1) Allowing water to escape from any premises onto public right-of-way, such as streets and sidewalks, or upon any other person’s property;
(2) Operating an irrigation system or other lawn or landscaping watering device during rain;

(3) Operating an irrigation system or other lawn or landscaping watering device that has any broken or missing sprinkler heads;

(4) Failing to repair a controllable leak, including a broken sprinkler head, or a leaking valve, or a leaking outdoor faucet, or a service line leak, or any other visible outside water leaks, on premises owned, leased, or managed by that person, within thirty (30) days;

(5) Washing any vehicle with a hose and not having a water shut-off nozzle or allowing water to run continuously from a hose while washing any vehicle is also prohibited.

Exemptions.
(a) The restrictions in section (Waste of Water; prohibitions) do not apply to the following authorized uses:

(1) Flow resulting from firefighting or routine inspection of fire hydrants or from fire training activities;

(2) Water applied as a dust control measure, as required by erosion and sedimentation rules;

(3) Water applied to abate spills of flammable or otherwise hazardous materials, where water is the appropriate methodology;

(4) Water applied to prevent or abate health, safety, or accident hazards when alternate methods are not available;

(5) Water used for construction or maintenance activities where the application of water is appropriate methodology and where no other practical alternative exists;

(6) Water used for power washing hard surfaces to alleviate safety or sanitary hazards, unless prohibited by drought restrictions;

(7) Mobile car washes when approved or a special use permit is obtained from the local authority;

(8) Emptying of swimming pools for maintenance when proper local rules are followed.

Penalties for violations.

(a) Water wasting includes water waste by any classifications of user;

(b) Whenever the director of public works, city manager or mayor determines that there is a waste of water in or about premises to which water is supplied from the city, either by willful waste or by means of a leak in any water pipe or fixture located in or upon the premises, said waste may cause the water to be cut off.

(c) Any person found guilty of violating any provision of this article shall be punished as provided in section 1-8 of this Code;

(d) In addition to the penalty provided for the violation of this article, the city may maintain an action or proceeding in any court of competent jurisdiction to compel compliance with or restrain any violation of this article.

f) Consider Implementing Toilet Rebate Program
City Administrator Wilmarth proposed Council Members reenact this program in order to be compliant with the Metro Water Planning District requirements. He recommended offering the rebate program with a budget line allocation for $2,500.00 for the year.

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve implementing the Toilet Rebate Program for City of Ball Ground Water Customers.
Motion Unanimously Approved.

g) Consider Resolution to Terminate 457 Employee Retirement Plan
Mayor Roberts stated a Defined Benefit Plan was implemented for employees as of July 1, 2017, thus ending the 457 Plan Retirement Plan. In order to close out the prior plan, the following resolution must be signed to terminate the plan and allow participating employees to transfer their funds to a financial institution of their choice.

Council Member Homiller put forth a motion, Seconded by Council Member Stoner to approve and empower Mayor Roberts to sign the following Resolution:
Motion Unanimously Approved.

RESOLUTION
City of Ball Ground Mayor and City Council

I hereby certify that the following is a true copy of resolutions duly adopted by the City of Ball Ground Mayor and City Council at a meeting held on the 10th day of August, 2017 at which a quorum was present and acting throughout.

WHEREAS, City of Ball Ground, currently sponsors the City of Ball Ground 457 Plan (the “Plan”).

NOW THEREFORE, BE IT RESOLVED, that Amendment Number 2 to the Plan be, and the same hereby is, adopted in the form attached hereto; and

FURTHER RESOLVED, that the Plan be terminated effective the 14th day of October, 2017, with no further contributions to be made under the Plan; and

FURTHER RESOLVED, that all assets and liabilities of the Plan be transferred to the Plan Trust, and that, upon completion of such transfer, the trust associated with the Plan be terminated; and

FURTHER RESOLVED, that the proper officers/members of this Employer/Plan Sponsor be, and they hereby are, authorized and directed to take such actions and to execute such documents and instruments as they, in their sole discretion, deem necessary or desirable to effectuate intent of the foregoing resolutions, including, without limitation, amendments to the Plan and Trust Agreements associated with the Plan and filing of such notices with regulatory agencies as may be required.

IN WITNESS WHEREOF, I have set my hand on this 10th day of August, 2017.

Employer/Plan Sponsor
s/s City of Ball Ground

s/s Mayor A.R. Roberts, III

h) Consider Storm Water Management Policy/Covenant
City Administrator Wilmarth outlined the following proposed Storm Water Management Policy to Mayor Roberts and Council Members.
Council Member Homiller, Seconded by Council Member O’Malley to approve the following Storm Water Management Policy

i) Consider Storm Water Improvements ( City Park)
City Administrator Wilmarth asked Council to consider an expenditure of approximately $6,000.00 to repair the detention pond in front of the Ball Ground Library. The detention is not functioning properly and causing flooding problems in City Park. City Administrator Wilmarth stated he would be meeting with the executive committee next week to discuss the needed repairs in City Park.

Council Member Homiller put forth a motion, Seconded by Council Member O’Malley to approve the $6,000.00 needed to repair the detention pond located in front of the Ball Ground Library.
Motion Unanimously Approved.

Item 8: City Manager Comments
Financial Report – City Manager Wilmarth presented an unaudited report of account balances, statement of revenue and expenditures for the month ended July 31, 2017. The report showed cash on deposit totaled $795,331.55.

Other Items Reported:
• Senior Services Building – Hoping to advertise for bid within the month.
• Valley Streetscape Project progressing slowly
• LMIG Safety grant funding of $285,000.00 approved to improve the Groover Street rail crossing. City will fund approximately $70,000.00 of the project.
• Chief Reeves presented a monthly report of the Police Department’s activity.

Item 9: Mayor Roberts & City Council Comments
Mayor Roberts stated he continues to work diligently with state and county officials to eliminate truck traffic through Downtown Ball Ground.

Item 10: Public Comments – None

Item 11: Executive Session (If Needed)

Item 12: Adjourn
There being no further business for Mayor and Council Members to discuss a motion was duly made and seconded to adjourn at 8:08 PM.

The minutes of this August 10, 2017, City Council Meeting approved this 14th Day of September 2017.

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

MINUTES
July 13, 2017

Item 1: Meeting Called to Order to order by Mayor Rick Roberts.

Item 2: Pledge of Allegiance

Item 3: Appearances

Mr. Dave Konwick, a member of the Thomas M. Brady American Legion Post #45 appeared before Mayor and Council Members to ask for consideration of the City of Ball Ground participating in The Military Banner Program. Mr. Konwick stated displaying the banner would be a great way to outwardly honor our country’s veterans and current military members. The net proceeds from the sale of the banners would benefit the Thomas M. Brady American Legion Post #45.

Mayor Roberts and Council Members thanked Mr. Konwick for his service to our country and for information about this program. Mayor Roberts stated he and council members would forward the information to the Main Street/DDA Board for their consideration.

Item 4: Announcements/Informational Items/Project Updates – City Manager
Upcoming events: July 15 Movie in the Park
August 5 Concert in the Park featuring the Dixie Tornadoes

Item 5: Consider Approval of June 8, 2017 Council Meeting Minutes
Council Member Homiller put forth a motion, Seconded by Council Member Prettyman to approve the minutes as submitted in writing by the City Clerk.
Motion Unanimously Approved.

Item 6: Old Business – None

Item 7: New Business
a) Consider Setting 2017 Property Tax Millage Rate
Mayor Roberts stated that because the 2017 property tax digest reflected an increase in growth we would be able to remain revenue neutral when setting the millage rate this year.

City Manager Wilmarth recommended council members consider setting the millage rate at 4.739 mills. City Manager Wilmarth stated we are slightly below revenue neutral due to the increased growth in the digest.

Council Member Homiller put forth a motion, Seconded by Council Member O’Malley to levy a millage rate of 4.739 for the 2017 property tax.
Motion Unanimously Approved.

b) Consider Setting 2017 Fire Tax Millage Rate
Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to levy a millage rate of 3.298 for the 2017 Fire Tax.
Motion Unanimously Approved.
c) Consider IGA with Cherokee County Concerning SPLOST Referendum
Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to enter in the following Intergovernmental Sales Tax Agreement with the Cherokee County Board of Commissioners this 13th day of July 2017.
Motion Unanimously Approved.

INTERGOVERNMENTAL SALES TAX AGREEMENT

This INTERGOVERNMENTAL SALES TAX AGREEMENT (this “Contract”), made and entered into as of July __, 2017, by and among Cherokee County, Georgia (the “County”), a political subdivision of the State of Georgia, and the City of Ball Ground (“Ball Ground”), the City of Canton (“Canton”), the City of Holly Springs (“Holly Springs”), the City of Mountain Park (“Mountain Park”), the City of Nelson (“Nelson”), the City of Waleska (“Waleska”), and the City of Woodstock (“Woodstock”), each a municipal corporation duly created and existing under the laws of the State of Georgia;

W I T N E S S E T H:

WHEREAS, the County and Ball Ground, Canton, Holly Springs, Mountain Park, Nelson, Waleska, and Woodstock (each a “City” and collectively the “Cities”) deem it to be in the best interest of the special district of Cherokee County created by Section 48-8-110.1(a) of the Official Code of Georgia Annotated (the “Special District”) to improve public services in the Special District by carrying out the hereinafter described capital outlay projects, and the most feasible plan for providing funds to pay the costs of such capital outlay projects is to reimpose a special one percent sales and use tax (the “Sales Tax”), for a period of six years beginning upon the termination of the special one percent sales and use tax presently in effect, pursuant to Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated (the “Sales Tax Law”); and

WHEREAS, the Sales Tax Law allows the proceeds of the Sales Tax to be distributed pursuant to the terms of a contract entered into pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia between the County and one or more “qualified municipalities” (as defined in the Sales Tax Law) located within the Special District containing a combined total of no less than 50 percent of the aggregate municipal population located within the Special District;

WHEREAS, the County and the Cities desire to enter into this Contract to meet the provisions of Section 48-8-115(b) (1) of the Official Code of Georgia Annotated; and

NOW, THEREFORE, for and in consideration of the respective representations and agreements hereinafter contained and in furtherance of the mutual public purposes hereby sought to be achieved, the County and the Cities do hereby agree as follows:

Section 1. Representations of the County. The County makes the following representations as the basis for the undertakings on its part herein contained:

(a) The County delivered or mailed on March 20, 2017 a written notice to the mayors of the Cities, of a meeting that was held at the County’s offices on March 30, 2017, at which the governing authorities of the County and the Cities met to discuss the possible projects for inclusion in the Sales Tax, including municipally owned or operated projects.
(b) The County is permitted by Article IX, Section III, Paragraph I of the Constitution of the State of Georgia to contract for any period not exceeding fifty years with the Cities for joint services, for the provision of services, or for the joint or separate use of facilities or equipment.

(c) The County has the power to enter into this Contract and to perform all obligations contained herein, and has, by proper action, duly authorized the execution and delivery of this Contract.

(d) The County is a political subdivision duly created and organized under the Constitution of the State of Georgia.
Section 2. Representations of each City. Each City makes the following representations as the basis for the undertakings on its part herein contained:

a) It is a “qualified municipality” within the meaning of the Sales Tax Law.

(b) The Cities contain a combined total of no less than 50 percent of the aggregate municipal population located within the Special District.

(c) Each City is located entirely or partially within the geographic boundaries of the Special Tax District to be created.

(d) It is permitted by Article IX, Section III, Paragraph I of the Constitution of the State of Georgia to contract for any period not exceeding fifty years with the County for joint services, for the provision of services, or for the joint or separate use of facilities or equipment.

(e) It has the power to enter into this Contract and to perform all obligations contained herein, and has, by proper action, been duly authorized to execute and deliver this Contract.

Section 3. Term. The term of this Contract shall commence with the execution and delivery hereof and shall extend until the expenditure by the County and the Cities of the last dollar of money collected from the Sales Tax (even if such expenditure is made after the expiration of the Sales Tax), or the failure of the Sales Tax to achieve voter approval.

Section 4. Capital Outlay Projects. The County shall call a referendum to be held in all voting precincts in the Special District on November 7, 2017 on whether to reimpose for a period of six years (with collections beginning on July 1, 2018 and ending June 30, 2024) the Sales Tax for the raising of approximately $252,961,892 to fund the following capital outlay projects in the following estimated amounts:

(a) Projects to be owned or operated or both by the County:
(1) Jail Expansion and Improvements – $23,000,000,
(2) Transportation Infrastructure, Facilities, Equipment, and Improvements, and Airport Facilities, Equipment, Improvements & Expansion- $95,000,000,
(3) Parks and Recreation Facilities, Equipment and Improvements – $2,800,000,
(4) Court Facilities, Equipment, Improvements, and Expansion – $17,500,000,
(5) Business & Economic Development land acquisition, infrastructure, and facilities – $8,000,000,
(6) Fire & Emergency Services Facilities, Vehicles and Equipment- $21,140,000
(7) Animal Control and County Marshal Vehicles and Equipment – $1,000,000
(8) Emergency Communications Center and Communications System Improvements – $9,606,500; and
(9) Law Enforcement Vehicles, Equipment and Facilities – $4,000,000
Total Estimated: $182,046,500
(b) Projects to be owned or operated or both by Ball Ground:

(1) City Hall Debt Service – $615,816,
(2) Valley Street Debt Service – $276,000,
(3) Water and Sewer System Improvements to include Purchase of Capacity – $200,000
(4) Law Enforcement Facilities, Vehicles, Equipment, and Emergency Communications System Improvements and Equipment – $400,000,
(5) Transportation Facilities and Improvements – $1,100,000,
(6) Community Center, Parks, Recreation – $374,692; and
(7) Debt Service for such projects

Total Estimated: $2,966,508
(c) Projects to be owned or operated or both by Canton:

(1) Transportation Facilities (streets, drainage, sidewalks, parking facilities, utility relocation, etc.), Equipment and Improvements – $7,113,045,
(2) Park and Recreation Facilities – $6,000,000,
(3) Communications & Technology – $1,500,000,
(4) General Government Buildings and Equipment – $7,000,000,
(5) Economic Development (property acquisition, equipment, facility improvements and construction) – $3,000,000; and
(6) Debt service for such projects

Total Estimated: $24,613,045

(d) Projects to be owned or operated or both by Holly Springs:

(1) Transportation Facilities, and Improvements – $5,244,912,
(2) Public Safety Vehicles, and Equipment – $1,428,100,
(3) Emergency Communications System Improvements and Equipment – $510,576,
(4) Park and Recreation Facilities – $1,500,000,
(5) Public Works and Fleet Vehicles and Equipment – $75,000,
(6) General Government Buildings – $1,600,000; and
(7) Debt service for such projects

Total Estimated: $10,358,588

(e) Projects to be owned or operated or both by Mountain Park:

(1) Public Safety, Streets, and Drainage – $25,000;

Total Estimated: $25,000

(f) Projects to be owned or operated or both by Nelson:

(1) Government Buildings, Facilities, Vehicles, Equipment and Improvements – $500,000,
(2) Emergency Communications System Improvements – $32,043,
(3) Transportation Facilities, Vehicles, Equipment and Improvements – $450,000; and
(4) Park and Recreation Facilities, Equipment, and Improvements – $52,786

Total estimated: $1,034,829

(g) Projects to be owned or operated or both by Waleska:

(1) Utility Systems Infrastructure, Facilities, Improvements, Equipment, and related debt service for such projects – $1,779,367,
(2) General Government Buildings, Public Buildings and Improvements – $500,000,
(2) Emergency Communications System Improvements and Equipment – $38,214,
(3) Transportation Facilities, Equipment, and Improvements – $150,000; and
(4) Fleet Vehicles & Equipment – $40,000

Total estimated: $2,507,581

h) Projects to be owned or operated or both by Woodstock:

(1) Communications & Technology – $2,000,000,
(2) Parking Deck & Other Parking Improvements – $5,020,000,
(3) Public Works – $11,834,670,
(4) Parks and Recreation – $2,250,000,
(5) Public Safety – $7,167,220,
(6) Water/Sewer – $620,000; and
(7) Debt service for such projects.

Total Estimated: $28,891,890

The County and each City acknowledge that the costs shown for each capital outlay project described are estimated amounts. If a County project has been satisfactorily completed at a cost less than the estimated cost listed for that project, the County may apply the remaining unexpended funds to any other County project identified in this Contract. If a City project has been satisfactorily completed at a cost less than the estimated cost listed for that project, the City may apply the remaining unexpended funds to any other project that has been identified by that City in this Contract. The County and each City agree that each approved capital outlay project associated with this Contract shall be completed or substantially completed within five years after the termination of the Sales Tax. Any proceeds held by a County or a City at the end of the five-year period shall, for the purposes of this Contract, be deemed excess funds and disposed of as provided under Section 7 of the Contract.

The County and Cities agree that each approved capital outlay project associated with this Contract shall be maintained as a public facility and in public ownership. If ownership of a project financed pursuant to this Contract is transferred to private ownership during the term of this Contract, the proceeds of the sale shall, for the purposes of this Contract, be deemed excess funds and disposed of as provided for under Section 7 of this Contract.

Section 5. Distribution of Sales Tax Proceeds. Upon receipt of Sales Tax collections from the Georgia Department of Revenue, the County shall apply the proceeds of the Sales Tax to fund the following capital outlay projects in the following order of priority:

(a) First, a sufficient amount shall be set aside in equal monthly deposits to accumulate funds to pay the semiannual interest requirements and annual principal requirements next coming due on not to exceed $23,000,000 in aggregate principal amount of obligations issued to finance the capital outlay project set forth in Section 4(a)(1) hereof;

(b) Second, the following percentages of Sales Tax collections received by the County up to $229,961,892 shall be ratably applied as soon as practicable to the following purposes:

(1) 1.290% shall be paid to Ball Ground to fund the capital outlay projects specified in Section 4(b) hereof

(2) 10.450% shall be paid to Canton to fund the capital outlay projects specified in Section 4(c) hereof,

(3) 4.460% shall be paid to Holly Springs to fund the capital outlay projects specified in Section 4(d) hereof,

(4) $25,000 lump sum payment shall be paid to Mountain Park to fund the capital outlay projects specified in Section 4(e) hereof,

(5) 0.450% shall be paid to Nelson to fund the capital outlay projects specified in Section 4(f) hereof,

(6) 1.100% shall be paid to Waleska to fund the capital outlay projects specified in Section 4(g) hereof,

(7) 12.250% shall be paid to Woodstock to fund the capital outlay projects specified in Section 4(h) hereof, and

(8) 69.989% shall be applied by the County to fund the capital outlay projects specified in Section 4(a) hereof; and

All capital outlay projects included in this Contract shall be funded from proceeds from the Sales Tax, except as otherwise agreed in this Contract. With respect to funds received under subsection (b), the County may fund the County’s projects in any order or priority it may deem necessary or convenient and each City may fund the City’s projects in any order or priority it may deem necessary or convenient.

Section 6. Use of Sales Tax Proceeds. The proceeds received from the Sales Tax shall be used by the County and each City receiving proceeds of the Sales Tax exclusively for the related capital outlay projects specified in Section 4 hereof or to repay obligations that finance such capital outlay projects. Such proceeds shall be kept in separate accounts from other funds of the County and each City receiving proceeds of the Sales Tax and shall not in any manner be commingled with other funds of the County and each City receiving proceeds of the Sales Tax prior to expenditure.

Section 7. Disposition of Excess Proceeds. The Sales Tax Law allows excess proceeds from the Sales Tax that remain after all approved capital outlay projects specified in Section 4 hereof have been completed to be paid solely to the County in accordance with O.C.G.A. § 48-8-121(g)(2). In lieu of all excess proceeds being distributed to the County, the Parties hereto agree to dispose of any excess proceeds by distributing the excess proceeds as follows:

(1) 1.290% shall be paid to Ball Ground; and

(2) 10.450% shall be paid to Canton; and

(3) 4.460% shall be paid to Holly Springs; and

(4) 0.011% shall be paid to Mountain Park; and

(5) 0.450% shall be paid to Nelson; and

(6) 1.100% shall be paid to Waleska; and

(7) 12.250% shall be paid to Woodstock; and

(8) 69.989% shall be paid to the County.

Any excess funds distributed to the County or each City pursuant to this Section may be used by each respective entity to complete any of that entity’s capital outlay projects (including those set forth in Section 4 above). Should no such capital outlay project be identified, said funds shall be used for the purpose of reducing any indebtedness of that County or City. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the County or City, it being the intent that any funds so paid into the general fund of the County or City be used for the purpose of reducing ad valorem taxes.

Section 8. Record-Keeping and Audit Requirements. The County and each City receiving any proceeds from the Sales Tax shall maintain a record of each and every project for which the proceeds of the Sales Tax are used. A schedule shall be included in each annual audit of each party hereto that shows for each such project the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. Each party’s auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to each party’s financial statements. The auditor’s report on each party’s financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. Notwithstanding anything to the contrary in this Section, the parties shall comply with the record-keeping, audit and reporting requirements of the Sales Tax Law, as such requirements may be amended from time to time.

Section 9. Entire Agreement. This Contract expresses the entire understanding and all agreements among the parties hereto with respect to the subject matter hereof.

Section 10. Severability. If any provision of this Contract shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case because it conflicts with any other provision or provisions hereof or any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses, or sections contained in this Contract shall not affect the remaining portions of this Contract or any part hereof.

Section 11. Counterparts. This Contract may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument.

Section 12. Amendments in Writing. No waiver, amendment, release, or modification of this Contract shall be established by conduct, custom, or course of dealing, but solely by an instrument in writing executed by the parties hereto.

Section 13. Limitation of Rights. Nothing in this Contract, express or implied, shall give to any person, other than the parties hereto and their successors and assigns hereunder, any benefit or any legal or equitable right, remedy, or claim under this Contract.

Section 14. Liability for Noncompliance. The County and the Cities shall comply with all applicable local, state, and federal statutes, ordinances, rules and regulations. In the event that any party fails to comply with the requirements of the Sales Tax Law (O.C.G.A. § 48-8-110 et seq.), the other parties in compliance with the requirements of the Sales Tax Law shall not be held liable for such noncompliance by another party. No consent or waiver, express or implied, by any party to this Contract, to any breach of any covenant, condition or duty of another party shall be construed as a consent to, or waiver of, any future breach of the same.

Section 15. Arbitration. The parties hereto agree to submit any controversy arising under this Contract to arbitration pursuant to the provisions of O.C.G.A. § 9-9-1 et seq., the Georgia Arbitration Code. Such arbitration shall in all respects be governed by the provisions of the Arbitration Code, and the parties hereby agree to comply with, and be governed by, the provisions of said Arbitration Code as to any controversy so submitted to arbitration.

Section 16. Governing Law. This Contract and all transactions contemplated hereby shall be governed by, and construed and enforced in accordance with the laws of the State of Georgia.

IN WITNESS WHEREOF, the County and the Cities have caused this Contract to be executed in their respective corporate names and have caused their respective corporate seals to be hereunto affixed and attested by their duly authorized officers, all as of the day and year first above written.

d) Consider FY-16/17 Budget Amendments
Council Member Homiller put forth a motion, Seconded by Council Member Byrd to approve the following amendments to the 2016/2017 FY Budget.
Motion Unanimously Approved.

FY-16 BUDGET AMENDMENT
REVENUE
Original Amendment
100-0000-00-311100 Real Property Current $320,000 $327,000 $7,000
100-0000-00-316200 Insurance Premium Tx $85,000.00 $89,000 $4,000
100-0000-00-322110 Building Permits $62,000 $68,000 6,000
100-0000-00-351170 Municipal Court Fines $40,000 $60,000 $20,000
100-0000-00-382001 Right of Way Fees $0 $18,000 $18,000
$55,000
EXPENSES

CLERK
100-1130-10-511100 Salaries/Wages $52,020 $54,000 ($1,980)
100-1130-10-523500 Travel $5,000 $7,500 ($2,500)

Administrative
100-1500-10-579000 Contingencies $31,844 $36,492 ($4,648)

COURT
100-2650-80-523600 Dues and Fees 9,000 $10,000 ($1,000)

POLICE
100-3223-20-511100 Salaries/Wages $191,128 $200,000 ($8,872)
100-3223-20-522200 Repairs/Main $8,000 $12,000 ($4,000)
100-3223-20-523100 Liability Insurance $6,200 $8,200 ($2,000)

PARKS and REC

100-6220-45-522140 Grounds Maint $51,000 $63,000 ($12,000)
100-6220-45-522140 Repairs and Maint $4,000 $8,000 ($4,000)
100-6220-45-541217 Botanical Gardens $5,000 $14,000 ($9,000)
100-6220-45-531100 Supplies & Materials $5,000 $7,000 ($2,000)

TREE CITY EXPENSE

100-6240-10-572000 Tree City $2,866 $5,866 ($3,000)

e) Consider Changes to Ancillary Tasting Room Ordinance – First Reading
Council Member Byrd put forth a motion, Seconded by Council Member Prettyman that The Code of The City of Ball Ground, Georgia is hereby amended by adding a section to Chapter 4 Titled Alcoholic Beverages; Article XIV – Ancillary Wine Tasting License: A beer made in a traditional or non-mechanized way by a small, independent and traditional brewery producing less than 6 million barrels of beer annually. Less than 25 percent of the craft brewery is owned or controlled (or equivalent economic interest) by an alcohol industry member that is not itself a craft brewer.
Motion Unanimously Approved

Item 8: City Manager Comments
Financial Report – City Manager Wilmarth presented an unaudited report of account balances, statement of revenue and expenditures for the month ended June 30, 2017. The report showed cash on deposit totaled $725,703.36.

Other Items Reported:
• Special Events Permit issued to Gold Rush Jeeps for an event called “Ride Together.” The event will be held Labor Day Weekend on approximately 800 acres located on Cherry Grove Road. The event is expected to draw approximately 500 Jeeps.
• Cleanup continues throughout the City from the July 8, 2017, storm. Overtime, equipment, fuel and debris removal is expected to cost approximately $10,000.00.
• Senior Services Center – building design is completed. The architect is working with city engineer to develop bid specifications. A Phase 1 Environmental Study is currently being done.
• Valley Streetscape Project – Ongoing
• Downtown Audio System is no longer an option. Georgia Power Company denied our request to attach the system wiring to their poles.
• City Hall/PD Modifications – Modifications to the Police Department should begin during this month. Modifications to the service counter in City Hall will be delayed at this time due to cost.
• SR372 Alternates – A meeting has been requested with Cherokee County to gauge their willingness to accept that portion of SR372, SR369 and Preserve Parkway for County Maintenance.
• Mound Street water line extension is complete.

Item 9: Mayor Roberts & City Council Comments
Mayor Roberts recognized City Clerk Karen Jordan for completing the Georgia Clerks Education Institute Master’s Education Management Development certificate program. Mrs. Jordan received her certificate at the Georgia Municipal Association annual conference in Savannah.

Mayor Roberts remarked on his and Council Members Byrd, Prettyman and O’Malley attendance at GMA’s Annual Training Conference in Savannah. He stated the conference provides a wealth of knowledge to elected officials so they become better leaders in their respected cities.

City Clerk Karen Jordan presented Mayor Roberts with his Certificate of Distinction. Mayor Roberts was unable to attend the awards ceremony at the GMA Conference.

City Clerk Jordan stated in order for Mayor Roberts to receive this distinct honor he was required to complete 204 hours of training, including at least 72 hours from the required list of training courses.

City Clerk also presented Council Member John Byrd with his Certificate of Achievement. In order to receive his Certificate of Achievement Council Member Byrd had completed the required 72 hours of training, including at least 36 hours from the required list of training courses.

Council Member Prettyman spoke of his experience while participating in the City of Canton Citizens Police Academy. He stated the program gave him a better understanding and appreciation for what our police officers do.

Council Member O’Malley commented on his attendance at the GMA Conference. He stated he always comes back from the conference energized and with a great feeling of how well our City Staff and Elected Officials perform. As other elected official comment on how their respective cities function it is evident how advance Ball Ground already is.

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 at 8:00 PM.
Motion Unanimously Approved.

The minutes of this July 13, 2017, City Council Meeting approved this 10th Day of August 2017.

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

MINUTES
June 8, 2017

Item 1: Meeting Called to Order to order by Mayor Rick Roberts.
Council Members Frank Homiller, Mickey O’Malley, Lee Prettyman and Andrenia Stoner were present.

Council Member John Byrd was absent.

Staff in attendance: Donna England, Michael Chapman, Bryon Reeves, Darrell Caudill, Eric Wilmarth and City Clerk Karen L. Jordan

Item 2: Pledge of Allegiance

Item 3: Appearances – None

Item 4: Announcements/Informational Items/Project Updates – City Manager
June 17 – Movie in the Park
June 24-27 Elected officials and several staff members will attend the Georgia Municipal Association Annual Training Conference
July 1 – City Fireworks Display will begin at 9:45

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to amend meeting agenda to include Item 7 (g) Consider hiring of Livable Center Initiatives Grant Consultant

Item 5: Consider Approval of May 11, 2017, Work Session Minutes and May 11, 2017, Council Meeting
Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve the minutes of May 11, 2017, as submitted in writing by the City Clerk.
Motion Unanimously Approved

Item 6: Old Business –
a) Consider Second Reading of 2017/2018 Budgets
Mayor Roberts stated a budget hearing was held on June 1, 2017, at 5:00 PM. No one attended and staff did not receive any oral or written comments.

Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to approve the proposed 2017/2018 Budget totaling $2,918,390.00 as submitted.
Motion Unanimously Approved.

b) Consider Second Reading of Defined Benefit Plan
Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve the Second Reading of the Defined Benefit Plan as previously submitted.
Motion Unanimously Approved

Item 7: New Business
a) Consider a Contract for Probation Services with Georgia Probation Management
Steve Page, President, and CEO of Georgia Probation Management submitted in writing a request to sign a new contract with changes pursuant to changes in Georgia Law O.C.G.A. §42-8-101(b)(1), along with new rules imposed by the Board of Community Supervision.

The changes are as follows:
Currently, the contract states that GPM and the Court enter into the agreement, with the approval of the “Governing Authority”. As a result of the new changes in the law, the contract must state that it is between the Governing Authority and Georgia Probation Management with the express consent and approval of the Court.
Additionally, the Board of Community Supervision enacted rules on February 14, of this year that prohibit providers and governing bodies from entering contracts that extend beyond five years. There has been no change to the sixty (60) day termination clause that you may exercise at any time.

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to approve the contract as submitted in writing.
Motion Unanimously Approved.

b) Consider Authorizing Staff to Seek Bids for Construction of Senior Center
City Manager asked council members to consider authorizing city staff to advertise for bids for the construction of the Ball Ground Senior Center. He stated the funding is a Community Development Block Grant through Cherokee County. City Manager Wilmarth stated the Senior Center would be built at the site that once housed the Public Works and Fire Departments (390 Groover Street).

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve the advertisement for bids upon the completion of the architectural design.
Motion Unanimously Approved.

c) Consider Resolution of Support Community Development Block Grant (CDBG)
Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve a Resolution of Support seeking grant funding of $60,000.00 through a Community Development Block Grant (CDBG) and $12,000.00 contributed by City of Ball Ground funds for the construction of a Senior Services Center to be constructed at 390 Groover Street.
Motion Unanimously Approved.

d) Consider Ford F350 Utility Pick Up as Surplus Property
City Manager Wilmarth stated because of safety reasons the vehicle is no longer used by the department and recommended the vehicle be surplused. The vehicle will be sold on Govedeals to the highest bidder.

Council Member O’Malley put forth a motion, Seconded by Council Member Prettyman to approve the surplus of a Ford F350 pickup.
Motion Unanimously Approved.

e) Consider Elder Abuse Awareness Proclamation
A Proclamation encouraging everyone to observe Elder Abuse Awareness Day on June 15, 2017, was read by Mayor Roberts.
Council Members unanimously supported the reading of this proclamation.

f) Consider National Garden Month Proclamation
A Proclamation was read by Mayor Roberts acknowledging the importance of Gardening and the numerous contributions of Gardeners, and further designating the week of June 4-10, 2017 as National Garden Week.

Mayor Roberts encouraged everyone to attend the unveiling of the Ball Ground Botanical Garden Marble Kiosk on Saturday morning at 11:00 AM. Mayor Roberts and Council Members expressed their appreciation to the members of the Ball Ground (Anesta-Ga-Da) Garden Club for their continued efforts and hard work in the ongoing development of the Botanical Garden.

g) Consider Award of Livable Centers Initiative (LCI) Grant
City Manager Wilmarth stated the City of Ball Ground has been awarded a $100,000.00 Livable Centers Initiative (LCI) Grant from the Atlanta Regional Commission. The LCI grant will be used to address truck traffic and create a blueprint for new development in our downtown district in a manner compatible with the historic significance of the area.

The LCI program is funded with federal transportation dollars. The grants cover 80 percent of the cost of each study or transportation project, with the City of Ball Ground making a 20 percent match.

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to accept the Livable Centers Initiative (LCI) Grant from the Atlanta Regional Commission and to engage Reuter Strategy, LLC to create a blueprint for new development in our downtown district in a manner compatible with the historic significance of the area.
Motion Unanimously Approved.

Item 8: City Manager Comments
• Financial Report – City Manager Wilmarth presented an unaudited report of account balances, statement of revenue and expenditures for the month ended May 30, 2017. The report showed cash on deposit totaled $822,027.75.

• Public Safety – Work to improve security as well as privacy within the Police Department should begin within the month.

Chief Reeves presented a written report of the department’s activity for the month ended April 30, 2017.

• Valley Streetscape Project
The last parcel of property needed to be acquired for the project is owned by the Cherokee County School District. It is anticipated the Cherokee County School Board will act on our request to obtain this property at their monthly June meeting.

• Downtown Audio System
The committee has reviewed three proposals for the installation of an audio system in the downtown area. The system will allow music to be played as well as announcements of special events. The committee has selected a vendor and hopes to issue a notice to proceed with the project soon.
Item 9: Mayor Roberts & City Council Comments
Mayor Roberts commented on the meeting he and City Manager Wilmarth had with the Georgia Department of Transportation Commissioner Russell McMurry, Senator Brandon Beach and Representative Wes Cantrell to discuss the transportation problems within our downtown. Mayor Roberts stated it is not the intent to keep all trucks out of our downtown, just those that are damaging the roadway and posing a health risk.

Mayor Roberts thanked Gloria Bartko-Thomas and members of the Downtown Development Authority/Main Street Committee for their work.

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 at 8:50 PM.

The minutes of this June 8, 2017, Council Meeting approved this 13th Day of July 2017 Council Meeting.

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

MINUTES
May 11, 2017

Item 1: Meeting Called to Order to order by Mayor Rick Roberts.

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

Staff in attendance: Donna England, Michael Chapman, Darrell Caudill, Eric Wilmarth and City Clerk Karen L. Jordan

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

Item 3: Appearances – None

Item 4: Announcements/Informational Items/Project Updates – City Manager
• May 20th – Trade Days and Movie in the Park
• June 3rd – Ball Ground Rocks the Park Concert featuring the Local Legends

Item 5: Approval April 13, 2017, Council Meeting Minutes and May 2, 2017, Special Called Meeting

Council Member Stoner put forth a motion; Seconded by Council Member O’Malley to approve the minutes of April 13, 2017, Regular Scheduled Meeting as submitted in writing by the city clerk.
Motion Unanimously Approved.

Council Member Stoner put forth a motion; Seconded by Council Member O’Malley to approve the minutes of May 2, 2017, Special Called Meeting as submitted in writing by the city clerk.
Motion Unanimously Approved.

Item 6: Old Business
a) Consider Second Reading of an Ordinance Prohibiting Outdoor Burning
Council Member Homiller put forth a motion; Seconded by Council Member O‘Malley to approve the second reading of the Ordinance to prohibit outdoor burning as described below:
Motion Unanimously Approved.

Outdoor Burning prohibited:

a) Except as otherwise provided by law, or as otherwise set forth in this Code, no persons shall cause, suffer, allow or permit open burning of refuse, rubbish, brush, wood, trash, leaves, tree limbs or other combustible materials anywhere in the City.

b) The following are exceptions to the prohibition on outside burning.

(1) Outdoor burning in connection with the preparation of food for immediate human consumption;

(2) Small wood only fires contained in an outdoor fireplace or fire pit.

(3) Burning associated with the operation of devices that require open flame, such as tar kettles, blow torches, welding torches, portable heaters, gas grills, charcoal grills and other flame making equipment, provided that the use of such equipment does not violate other local or state laws.

c) The Chief of Police or his designee shall be responsible for the enforcement of the provisions of this section, and may issue citations for violations thereof. Any person violating any provision of this section shall be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition, any person violating any provision of this section which results in a fire requiring the response of the fire department shall also be liable for the costs incurred by the fire department in responding to the fire, including actual labor costs, costs of equipment operation, and costs of materials.

Item 7: New Business
a) Consider surplus property: Lot 33 Mountain Brooke North
City Manager Wilmarth stated that Tommy Owen had deeded the City of Ball Ground Lot #33 in the Mountain Brook North Subdivision in October of 2016. Since that time several home builders have expressed an interest in purchasing the lots. Therefore it is the decision of the city council to decide to sale the property on Govdeals or keep the property.

The property is described as all that tract or parcel of land lying and being in land lot 311 of the 4th District, 2nd Section, Cherokee County, Georgia being Lots 33 & 34 of the Mountain Brooke North, Unit 1, as per plat found at Plat Book 86, Page 111 of the Cherokee County, Georgia Real Estate Records which is made a part of this description by this reference. The property is further described as 04N04A-75 and is located at 315 Taylor Leigh Court.

Council Member Prettyman put forth a motion; Seconded by Council Member Byrd to sale the property on Govdeals to the highest bidder reserving the right to reject any and all bids
Motion Unanimously Approved.

b) Consider surplus property: Lot 44 Mountain Brooke North
As discussed in item 7 (a) City Manager asked council members to consider the sale of this property.

The property is described as all that tract or parcel of land lying and being in land lot 311 of the 4th District, 2nd Section, Cherokee County, Georgia being Lots 33 & 34 of the Mountain Brooke North, Unit 1, as per plat found at Plat Book 86, Page 111 of the Cherokee County, Georgia Real Estate Records which is made a part of this description by this reference. The property is further described as 04N04A-86 and is located at 235 A. Mountain Brooke Way.

Council Member Stoner put forth a motion; Seconded by Council Member Byrd to sale the property on Govdeals to the highest bidder reserving the right to reject any and all bids
Motion Unanimously Approved.

c) Consider 1st Reading of 2017/2018 Budgets
Mayor Roberts presented the FY 2017/2018 Budget for Council consideration.
Mayor Roberts stated the budget shows and an increase of 11% over the previous previous 2016/2017 Budget.

Budget totals are as follows:
General Fund $ 920,900.00
Fire District Tax $ 250,000.00
Water/Sewer $1,150,350.00
SPLOST $ 437,020.00
Solid Waste $ 160,120.00
Total $2,918,390.00

Council Member Homiller put forth a motion; Seconded by Council Member Prettyman to approve the first reading of the 2017/2018 Fiscal Year Budget.
Motion Unanimously Approved

d) Consider 1st Reading of Defined Benefit Plan
City Manager Wilmarth outlined the proposed Defined Benefit Retirement Plan for employees of the City of Ball Ground. He stated the Plan requires:
• Mandatory participation for all elected officials and each regular employee who works at least 24 hours per week, 5 months per year (see p. 5-7).
• Municipal legal officers cannot participate in the Plan.
• In order to receive vesting requirement and an elected official must attain eight years of service as an elected official in order to be vested (see p. 27-28).
• The Master Plan permits service with other GMEBS employers to count toward vesting and benefit eligibility; however, the amount of any benefit payable from the City’s Plan will be based solely on service with the City.
• As long as a participant is employed on Jul 1, 2017, he or she will receive service credit for prior years worked for vesting and benefit eligibility purposes.
• Past service will not count for benefit computation.
• Regular employees qualify for a normal retirement benefit at age 65 with5 years of service (see p. 14-15).
• Elected officials qualify for a normal retirement benefit at age 65 with 8 years of service as an elected official ( see 14-15).
• Participants can qualify for early retirement at age 55 with 10 years of service (see p. n13).
• If a participant elects early retirement, his or her monthly retirement benefits will be reduced to account for retiring at an earlier age.
• The monthly normal retirement benefit formula for regular employees is 1/12 of 1.5% of final average earnings multiplied by years of credited service as an eligible regular employee (see p. 22).
• The monthly normal retirement benefit for elected officials is $10.00 per month multiplied by each year of service as an elected official (see pp. 22).
• In addition, the plan provides for Auto A in-service and terminated vested death benefits (see p. 28-29).
• All employees are required to make contributions to the pan in the amount of 2.5% of earning (see p.30).
• Five percent interest will apply to a refund of employee contributions in the event that an employee withdraws his or her contributions after leaving employment ( see p. 31).
• Elected officials will not be required or allowed to make employee contributions under the Plan.
An Ordinance to establish and restate the Retirement Plan for the Employees of the City of Ball Ground was presented by Mayor Roberts for Council consideration.

Council Member Homiller put forth a Motion; Seconded by Council Member O’Malley to approve the following ordinance to establish and restate a Retirement Plan for the Employees of the City of Ball Ground.
Motion Unanimously Approved.

AN ORDINANCE

An Ordinance to establish and restate the Retirement Plan for the Employees of the City of Ball Ground, Georgia in accordance with and subject to the terms and conditions set forth in the attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the City and GMEBS, the foregoing shall constitute a Contract between the City and BMEBS, all as authorized and provided by O.C.G.A. §47-5-1 Et Seq.

BE IT ORDAINED by the Mayor and Council of the City of Ball Ground, Georgia and it is hereby ordained by the authority thereof:

Section 1. The Retirement Plan for the Employees of the City of Ball Ground, Georgia is hereby established and restated as set forth in and subject to the terms and conditions stated in the following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement.

Section 2. Except as otherwise specifically required by law or by the terms of the Master Plan or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with respect to persons whose employment with the City was terminated or who vacated his office with the city for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any, as it existed and was in effect at the time of such termination.

Section 3. The effective date of this Ordinance shall be July 1, 2017.

Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly repealed.

First Reading of this Ordinance is Approved by the Mayor and Council of the City of Ball Ground, Georgia this 11th Day of May, 2017.

/s/ A. R. Roberts, III
Mayor

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

e) Authorize City Manager to Execute Closing Documents from Sale of Property (Strippling Street Lot)
City Manager stated the highest bid for the sale of the 367 Old Canton Road property A.K.A. Strippling Street property was $22,500.00. City Manager Wilmarth proposed the City Council accept this amount.

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to accept the bid of $22,500.00 for the sale of this property.
Motion Unanimously Approved.

City Manager Wilmarth asked Council Members to consider authorizing him and the city clerk to execute the closing documents for the sale of this property.

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to authorize the city manager and city clerk to execute any and all documents related to the sale of this property.
Motion Unanimously Approved.

f) Consider renewal of City Managers Employment Contract
Mayor Roberts presented for Council consideration an Employment Contract between the City of Ball Ground and Eric Wilmarth, City Manager. The agreement specifies compensation, duties, and termination of the employment agreement, death, and incapacity of the city manager, savings clause, construction, parole agreements, and modification.

Council Member Byrd put forth a motion; Seconded by Council Member Prettyman to enter into the Employment Contract with Eric Wilmarth, City Manager to continue his employment with the City of Ball Ground on July 1, 2017, with the title of “City Manager”, and said employment will terminate on July 31, 2021.
Motion Unanimously Approved.

Mayor Roberts and Council Members commended Eric for his hard work and dedication to the City of Ball Ground.

Eric thanked Mayor Roberts and Council Members for the trust and support given to him. He said if you “can’t be happy in Ball Ground, you can’t be happy anywhere’.

Item 8: City Manager Comments
• Financial Report – City Manager Wilmarth presented an unaudited report of account balances, statement of revenue and expenditures for the month ended April 30, 2017. The report showed cash on deposit totaled $811,731.23,

• Project Updates:
Valley St. Streetscape Project – Anticipating the purchase of the last remaining piece of property needed for this project within 50-55 days.

• LMIG Safety Grant: Application for grant funding of improvements to Groover St. RR Crossing, installation of guardrails in the vicinity of Calvin Farmer Park parking area, various striping of city streets.

• Downtown Audio System – Three proposals have been received to install an audio system in the downtown area. This would allow music to be played on weekends and other designated times and the announcing of parades and other city events.

City Manager proposed council members authorize up to $17,500.00 to be spent towards the installation of an audio system in the Downtown area.

Council member Prettyman put forth a motion; Seconded by Council Member O’Malley to authorize the purchase of an audio system at a cost not to exceed $17,500.00
Motion Unanimously Approved.

• Chief Reeves prepared a written report of the department’s activity for the month ended April 30, 2017.

Item 9: Mayor Roberts & City Council Comments
Mayor Roberts commented on his interview by Channel 2 News regarding the truck traffic thru downtown. Mayor Roberts stated his comments was not directed toward the trucking industry but rather at the Georgia Department of Transportation for their poor planning of building a bypass to accommodate truck traffic.

Item 10: Public Comments

Item 11: Executive Session (If Needed)

Item 12: Adjourn
There being no further business for council consideration a motion was duly made and seconded to adjourn at 7:40 PM

The minutes of this May 11, 2017, City Council Meeting approved this 8th Day of June 2017.