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

MINUTES
March 9, 2017

Item 1: Meeting Called to Order by Mayor Rick Roberts

Council Members Present: John Byrd, Frank Homiller, Lee Prettyman and Andrenia Stoner

Council Member Mickey O’Malley absent

Staff Present: Michael Chapman, Donna England, Bryon Reeves, Darrell Caudill, Eric Wilmarth, Karla Weaver and Karen L. Jordan

Item 2: Pledge of Allegiance led by Mayor Pro Tem Frank Homiller

Item 3: Appearances – None

Item 4: Announcements/Informational Items/Project Updates – City Manager
• Ball Ground is one of 11 metro Atlanta communities to receive a Livable Centers Initiative (LCI) study grant in the amount of $100,000.00

The grant will help be used to address truck traffic and create a blueprint for new development in our downtown district in a manner compatible with our historically significant areas.

Item 5: Approval of February 9, 2017, Minutes
Council Member Homiller put forth a motion, Seconded by Council Member Stoner to approve the minutes of the February 9, 2017, City Council Meeting as submitted in writing by the city clerk.
Motion Unanimously Approved.

Item 6: Old Business – None
a) 2nd Reading of Downtown District – Valley Overlay District Map Amendment
Council Member John Byrd put forth a motion, Seconded by Council Lee Prettyman to approve the Second Reading of the Valley Overlay District Map Amendment as submitted at the February 8, 2017, City Council Meeting.
Motion Unanimously Approved.

b) 2nd Reading of Downtown Architectural Controls
Council Member Homiller put forth a motion, Seconded by Council Member Byrd to approve the Second Reading of the proposed Architectural Controls as submitted in writing at the February 8, 2017, Council Meeting.
Motion Unanimously Approved.

DESIGN GUIDELINES FOR
HISTORIC DOWNTOWN BALL GROUND
CENTRAL BUSINESS DISTRICT

This document presents design guidelines for the construction of new buildings and modifications to existing buildings within the downtown district that are not single family detached residential dwellings. This ordinance is supplemental in nature, and will be used in the absence of more stringent zoning requirements within the district, such as TND. The boundary map for this district shall mirror that of the Downtown District and Valley District

Characteristics of Downtown Buildings:

• Buildings aligned with adjacent historic buildings at sidewalk edge;
• One to three-story traditional commercial buildings;
• Masonry construction dominates;
• Expansive ground floor storefront windows, often topped by transom windows, transitioning into predominantly solid upper floors;
• Flat-roof buildings or pitched roof buildings with a minimum 8:12 Pitch using architectural asphalt shingles, or approved standing seam metal roof of an approved color.

Design Goals:

• To encourage infill development that is consistent with existing historic commercial buildings;
• To continue the use of traditional building materials found in the area with the exception of tin or light weight metal roofing, which was not an original feature, metal roofing will be of a standing seam nature with colors approved by the City;
• To maintain the traditional mass, size, and form of buildings seen along the street (i.e., as seen from the street, a building should be a rectangular mass that is one-to three stories in height).
• To design commercial buildings with storefront elements similar to those seen traditionally (i.e., a commercial building should include: recessed entries, display windows, transom windows, cornices or parapets, and vertically oriented upper-story windows).
• To encourage projects that reinforce the retail oriented function of the street and enhances its pedestrian character.
• To promote friendly, walkable streets (i.e., developments that support pedestrian activity and contribute to the quality of life are encouraged).
• To accurately convey the history of the area by avoiding architectural styles that are not consistent with historic buildings in Ball Ground.

Materials:

Building materials of new structures should contribute to the visual continuity of the district. Brick and wood are the dominant materials and their use in new construction is required. Refer to section D of the Ball Ground Master Plan for illustrations of preferred exterior design elements.

Materials prohibited in the District:
1. Metal (other than an approved standing seam or architectural metal)
2. Vinyl
3. Aggregate Stone Textures
4. Non-architectural masonry block.

Materials permitted in the District:

1. Brick (Standard Size: 3 5/8” x 2 ¼ x 8”)
2. Wood
3. Cementitious Siding (such as Hardi-Plank/Hardi-board.)
4. Masonry Block, used only on the side and/or rear of building.
5. Stucco, used only as accent material.
6. Natural Stacked Stone or manufactured stacked stone that is natural in appearance as accents.
7. Marble

Process Requirements:

1. Applicant must submit stamped engineered drawings, including building elevations with proposed colors of all exterior materials for all structural changes or new construction.
2. Applicant must submit drawings, including building elevations with proposed colors of all exterior materials for cosmetic changes.
3. If taking advantage of zero lot line development standards, applicant must submit construction easements for the duration of the project and a perpetual maintenance easement.
4. Plans require the approval of at least two members of the Executive Committee.
5. Applicant may appeal any decisions of the Executive Committee to the Ball Ground City Council.

Item 7: New Business
a) Consider an Intergovernmental Agreement for Cherokee County to conduct Elections for the City of Ball Ground
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve the Intergovernmental Agreement for Cherokee County to conduct Elections for the City of Ball Ground as outlined below.
Motion Unanimously Approved.

STATE OF GEORGIA
COUNTY OF CHEROKEE

INTERGOVERNMENTAL AGREEMENT
FOR CHEROKEE COUNTY
TO CONDUCT ELECTIONS FOR THE CITY OF
BALL GROUND, GEORGIA

THIS AGREEMENT entered into between the City of Ball Ground, Georgia, a Municipal Corporation, lying wholly within the County of Cherokee, Georgia, hereinafter referred to as the “City,” and Cherokee County, a political subdivision of the State of Georgia, (including the Cherokee County Board of Elections and Registration) hereinafter referred to as the “County.”
WITNESSETH
WHEREAS, the Georgia General Assembly created a Cherokee County Board of Elections and Registration having jurisdiction over the conduct of primaries and elections (Ga. Laws 1991, p. 3830, et seq., as amended), and provided that the Board of Elections and Registration shall, with regard to the preparation for, conduct and administration of primaries and elections, succeed to and exercise all duties and powers granted to and incumbent upon the election superintendent pursuant to Title 21 of the O.C.G.A.; and
WHEREAS, the city, in the performance of its governmental functions, desires to contract with the County to conduct all elections for the citizens of the City (including referenda, bond issues, special elections, second elections pursuant to O.C.G.A. § 21-2-520, et seq., and run-off elections, hereinafter referred to as the “City Elections”) as hereinafter described; and
WHEREAS, under the provisions of the Georgia Election Code, particularly Section 21-2-45 of the O.C.G.A., a City may by Ordinance authorize the County to conduct City Elections, and the City has heretofore adopted such an Ordinance; and
WHEREAS, the City and the County are also authorized by Art. IX, Sec. III, Par. 1 of the Constitution of the State of Georgia to enter into such an agreement for the conduct of City Elections; and
WHEREAS, O.C.G.A. § 36-70-20, et seq,. provides that local governments should develop a service delivery system that is efficient and responsive to citizens; and
WHEREAS, the County is willing to conduct City Elections under the terms and conditions contained herein to accomplish efficiency to the benefit of residents of the City and the County
NOW, THEREFORE, in consideration of the premises contained herein, the sufficiency of which is hereby acknowledged, it is hereby agreed by the City and the County as follows:

(1)
Conduct of City Elections
This Agreement shall govern the conduct of all the City Elections by the County. Polling places for City Elections shall be at locations mutually acceptable to the City and County. It is the intent of the parties that City Elections be conducted in compliance with all applicable federal, state and local legal requirements. In the event that any unscheduled City Election becomes necessary, the City and the County shall confer and reach a mutually convenient date to conduct any such election.

(2)
Time of Commencement and Completion of Services

The services to be performed pursuant to this Agreement shall commence upon signing of this Agreement and expire on January 1, 2019. This Agreement shall automatically be renewed for two (2) additional one-year terms (the “Renewal Term”), unless either party provides to the other party at least ninety (90) days written notice of termination prior to January 1, 2019. The rates set forth on Exhibit “A” shall be re-negotiated between the parties for any Renewal Term to account for increased or decreased costs to the County for provision of these services.
This Agreement may be terminated by either party by providing to the other party at least one hundred twenty (120) days prior written notice of termination at any time during the initial term or the Renewal Term.
In the event that the City: 1) fails to make payment to the County as required by this Agreement; 2) receives written notice from the County of such nonpayment; and 3) fails within thirty (30) days of such notice from the County to make proper payment to the County, then the County may terminate this Agreement, effective immediately, by providing written notice of termination to the City.

In the event of termination of this Agreement, all compensation theretofore due to the County for services rendered prior to such date of termination shall be tendered by the City to the County on or before said date of termination, subject only to the satisfactory performance of the County’s obligations, if any remain, under the terms and conditions of this Agreement.
(3)
Duties and Responsibilities
The Supervisor of Elections and Registration of the Cherokee County Board of Elections and Registration, or his/her designee(s), shall perform any and all functions for the City in connection with the conduct of City Elections, with the exception of the following tasks to be performed by the City:

a. Adoption of Election Resolutions and Calls, including placement of and payment for required
advertisements, for City Elections (“the Calls”) as required by Title 21 of the Official Code of Georgia;
b. Pursuant to O.C.G.A. § 21-2-130, et seq., setting of qualifying fees, placement of and payment for advertisements in the City’s legal organ for qualifying of candidates and amounts of qualifying fees, (hereinafter “Qualifying”)
c. Preparing Qualifying materials for potential candidates and performing Qualifying of candidates, including any write-in candidates, for City Elections pursuant to O.C.G.A. § 21-2-130, et seq. All Qualifying fees shall be deposited into the City’s general fund to help cover election costs;
d. Submitting Resolutions and other appropriate election information as required to the Cherokee County Board of Elections and Registration and the Georgia Secretary of State, except for certification of returns pursuant to O.C.G.A. § 21-2-493
e. Performing qualifying officer duties as required by the Georgia Government Transparency and Campaign Finance Commission for any and all state reports filed by candidates or committees in conjunction with City Elections to ensure compliance with Title 21, Chapter 5 of the Official Code of Georgia;
f. Verifying, in a timely manner, accuracy of voter list(s) for City residents;
g. Paying for change of precinct voter registration cards and any notifications of changes in polling places for City residents.
h. Ensuring that the City Clerk or her designee is available and readily accessible to the County: 1) during absentee voting periods under O.C.G.A. § 21-2-380; 2) all day on the day preceding day of, and day after any City Election; and 3) as may subsequently be necessary and requested by the County after any City Elections;
i. Providing to the County a detailed map showing the City’s Municipal Boundaries, Municipal Precinct Boundaries, and Voting District Boundaries in compliance with O.C.G.A § 21-2-226 (c);
j. Being responsible for all aspects of bond issues, except for City Elections duties specifically assigned to the County herein;
k. Being responsible for all other required advertisements, except as specifically stated otherwise herein; and
l. Otherwise cooperating with the County in the performance of this Agreement and providing the County such documentation and information as it may reasonably request to facilitate the performance of its duties under this Agreement.
The County Supervisor of Elections and Registration shall:
a. Place the City’s candidate(s), and/or referendum question(s) on the ballot for City Elections within a reasonable time after written notice from the City is received by the County (which notice shall include all necessary details and information), and the County shall have ballots printed or loaded into voting equipment as appropriate;
b. Hire, train, supervise and pay poll officers and absentee ballot clerks;
c. Prepare and submit to the City Clerk a draft voter registration list for review, editing and approval;
d. Perform duties of election superintendent and absentee ballot clerk for City Elections;
e. Place advertisements in the City’s legal organ regarding logic and accuracy testing as required by Sections 183-1-12 – .02 and .07 of the Georgia Administrative Code (to be paid by the City in the event of no County/State/Federal election.);
f. Provide staff, equipment and supplies for conducting City Elections at City polling places on City Election days and to conduct recounts as may be required;
g. Certify City Election returns pursuant to O.C.G.A. § 21-2-493, submit certified City Election returns to the Georgia Secretary of State or City Clerk, or as otherwise required by law;
h. Upon receipt of a notice from the City of a change in City precincts or voting districts, notify City residents of any change in voting districts and/or municipal precincts (costs involved for sending new voter registration cards will be borne by the City); and
i. Answer, as appropriate, open records requests or complaints forwarded by the City to the County regarding the County’s conduct of City Elections (not including Qualifying, Calls, and filing Georgia Government Transparency and Campaign Finance Commission.)
In the event that a City Election is contested, the City shall defend and/or bear all costs incurred in responding to the election challenge, including, but not limited to, attorneys’ fees and expenses associated with the election challenge and any appeals thereafter and as further defined in Section 5 of this Agreement. It is not the intent of the parties that the city should reimburse costs unreasonably incurred by the County. If a second election is required, such election will constitute a City Election under this Agreement and shall be conducted in accordance with the terms of this Agreement.

(4)
Costs Associated with Elections
It is understood between the parties that should a City Election be held in conjunction with a County, State, and/or Federal Election, the City shall be responsible for fifty percent (50%) of the costs associated with said City Election. Costs shall be as defined in the fee schedule attached hereto and incorporated as part of this Agreement as Exhibit “A”; and
It is further understood between the parties that a “stand alone” City Election conducted by the County on behalf of the City will mean the City will bear the full cost associated with said election in accordance with Exhibit “A”; and
The costs of any City Election shall be billed to the City within ninety (90) days after the date of the City Election. A detailed statement showing all costs and expenses incurred by the County, with the City’s portion (if not a “stand alone” election) of said costs reflected, shall be submitted to the Office of the City Clerk, P.O. Box 285, Ball Ground, GA 30107. The City shall pay all invoices within thirty (30) days of receipt. Payments shall be payable to Cherokee County, Georgia and remitted to the County Supervisor of Elections and Registration at 400 East Main Street, Canton, GA 30114.

(5)
Legal Responsibilities

To the extent permitted under Georgia Law, the City shall indemnify and hold the County harmless from any liability resulting from any claims or litigation arising from or pertaining to any City Election, except claims regarding the willful acts of agents or employees of the County in connection with any City Election held pursuant to this Agreement. The City agrees to reimburse the County for all costs, including but not limited to court costs and attorney fees, incurred by the County as a result of any such claim or litigation. The city shall make payment of such reimbursements to the County within thirty (30) days of receipt of any invoice for reimbursement from the County. All legal services and defenses of litigation required by any Board or person arising from the aforementioned election under this Agreement shall be furnished by the City Attorney for the City. Should the City Attorney for any reason fail to provide the legal services referred to in this paragraph, the Supervisor shall have authority to engage the Cherokee County Attorney at the expense of the City; provided however, that all requests for legal assistance by the Cherokee County Board of Elections and Registration from the City Attorney to provide such services shall be communicated in writing to the City Manager before the City will be obligated to pay for legal services under this paragraph; provided further that the failure of the City Attorney to respond to a request made hereunder, within a responsible time shall be deemed to be refusal to furnish such service. County shall notify the City Manager in writing of the determination that the City has failed to respond as contemplated hereinabove before incurring legal fees on its own behalf for which the City shall be responsible.
Should it be necessary to comply with legal requirements that any of the County’s personnel shall be sworn in as a temporary officer or employee of the City, such formality shall be observed without limitation.

(6)
Miscellaneous

Section 601. Assignment. Neither party shall, without written consent of the other party, assign or transfer this Agreement or any rights or obligations hereunder.
Section 602. Amendment. The terms of this Agreement shall not be altered, amended, or modified except in writing signed by duly authorized officers or representatives of the parties.
Section 603. Construction of Agreement. This Agreement shall be construed under the laws of the State of Georgia.
Section 604. Severability. If any paragraph, subparagraph, sentence, clause, phrase , or any portion of this Agreement shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Agreement as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Agreement not held to be invalid. It is hereby declared to be the intent of the parties to provide for separable and divisible parts, and they do hereby adopt any and all parts hereof as may not be held invalid for any reason.
Section 605. Notice. Any notice of communications hereunder shall be in writing and shall be deemed to have been delivered when deposited in the United States mail, registered or certified, or when sent by overnight courier, addressed as follows:
City of Ball Ground, Georgia:

Attn: Mayor
PO Box 285
Ball Ground, GA 30107
Cherokee County, Georgia:
Cherokee County Supervisor of Elections and Registration
400 East Main Street
Canton, Georgia 30114
Or to such other address as either party may designate for itself by written notice to the other party from time to time.

Section 606. No Third Party Rights. This Agreement shall be exclusively for the benefit of the City and the County and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action, or other right.
Section 607. Uncontrollable Circumstance. The performance of either party hereunder shall be excused if such party is reasonably precluded from performance by the occurrence of an Uncontrollable Circumstance, which shall be defined as follows: Any act, event, or condition, or any combination thereof, that is beyond the reasonable control of the party relying on the same and that materially interferes with the performance of the party’s obligations to include, but not limited to, (a) acts of God; (b) fire, flood, hurricane, tornado, and earthquakes; (c) the failure of any utility provider to provide and maintain utility services through no fault of the party; and (d) the preemption, confiscation, diversion, destruction, or other interference in possession or performance or supply of materials or services, by or on behalf of, or with the authority of, a governmental body in connection with a declared or asserted public emergency by an entity other than one of the parties.
A party relying on the occurrence of an Uncontrollable Circumstance as an excuse for non-performance shall, as soon as is reasonably possible upon becoming aware of such an event and its consequences, notify the other party of the occurrence of such event and its consequences and shall take all reasonable efforts to eliminate the cause of such non-performance and to resume full performance in accordance with this Agreement.
Section 608. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original. It shall not be necessary that each signatory sign the same counterpart as long as each has signed an identical counterpart.
Section 609. Authority to Enter Agreement. Each of the individuals who executes this Agreement agrees and represents that he is authorized to execute this Agreement on behalf of the respective government and further agrees and represents that this Agreement has been duly passed upon by his respective government and spread upon the Minutes. Accordingly, the County and City both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof.
IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals this
_______ day of ___________________________, 20____.

City of Ball Ground, Georgia Cherokee County, Georgia
______________________________ _______________________________
By: A. R. (Rick) Roberts, III, Mayor By: L.B. Ahrens, Chairman

Attest: ________________________ Attest: __________________________
City Clerk (Seal) County Clerk (Seal)

EXHIBIT
FEE SCHEDULE

Poll Worker Recruitment and Training ——————————————————————– $500
• Poll worker recruitment
• Assignment of poll workers
• Development of poll worker training
• Poll worker training
• Poll worker payroll processing

Logic and Accuracy Testing
• Advertisement in legal organ ————————————————————————————– Actual cost
• Labor ————————————————————————————————– $15 per hour, per person

Delivery and Setup of Voting Equipment
• Delivery crew labor ——————————————————————————– $15 per hour, per person
• Truck rental ————————————————————————————————————- Actual cost
• Refuel for truck ——————————————————————————————————- Actual cost
• Mileage for van ——————————————————————————————————– Actual cost

Facilities
• Facility rental (Churches) ————————————————————————————- $100 per facility
• Library staff (after hours) —————————————————————————————– $10 per hour
• Carpet cleaning (If necessary) ————————————————————————————- Actual cost

Vote by Mail
• Ballot setup ——————————————————————————————————————— $250
• Ballot printing ———————————————————————————————————- Actual cost
1. Test ballots = $1 each
2. Mail out, Provisional ballots (black and white) = $.45 each
• Ballot postage ———————————————————————————————————- Actual cost
• Data entry, processing, processing returned ballot ————————————————————— $5 each

Payroll
• Early/ Advance Poll Workers ————————————————————————————– Actual cost
1. Manager (1 per location) = $15 per hour
2. Assistant Manager (2 per location) = $12 per hour
3. Clerk = $10 per hour
• Election Day Poll Workers (Flat rate per day) —————————————————————— Actual cost
1. Manager (1 per location) = $190
2. Assistant Manager (2 per location) = $170
3. Clerk = $140
• Election Day technicians ————————————————————————– $10 per hour, per person
• Labor to unload supplies returned by poll workers on election day ——————————– $50 per person
• Staff overtime ———————————————————————————————————- Actual cost
• Miscellaneous labor not listed ————————————————————————————- Actual cost
• Mileage for technicians and Board members —————————————————————— Actual cost

Tabulation of Results ——————————————————————————————- $200
• Sequestered workers (if necessary) = $12 per hour ———————————————————- Actual cost

Certification of Results —————————————————————————————– $200
• Postage for mailing certification to Secretary of State and City ——————————————- Actual cost

* 10% Administrative Fee to cover undefined costs such as setting up the ballot with KSU and for incidentals such as legal consult, executing the contract, billing and supplies.500

b) Consider a Borrow Site Agreement between C.W. Matthews Contracting Co., Inc., P.O. Drawer 970, Marietta, Georgia 30061 (hereinafter referred to as “Contractor”) and The City of Ball Ground at the address of 215 Valley Street, Ball Ground, Georgia 30107, (hereinafter referred to as “Owner”)

STATE OF GEORGIA
COUNTY OF CHEROKEE

BORROW SITE AGREEMENT

THIS AGREEMENT is made and entered into this 6th day of March, 2017 by and between C. W. MATTHEWS CONTRACTING CO., INC., P.O. Drawer 970, Marietta. Georgia 30061 (hereinafter referred to as “Contractor”) and The City of Ball Ground at the address of 215 Valley Street, Ball Ground, Georgia 30107, (hereinafter referred to as “Owner”);

WHEREAS, Contractor and Owner desire to enter into this Agreement under which Contractor and its Subcontractor(s) (hereinafter together referred to as “Contractor”) will enter upon the lands of Owner for the purposes of removing soil and other earth materials (hereafter “Materials”) to be used on the following Georgia Department of Transportation project (hereinafter referred to as the “Project”):
009887, CWM2271

THEREFORE, in consideration of the terms and covenants of this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Contractor and Owner, intending to be legally bound, do hereby agree as follows:

ATRICLE 1
MATERIAL DELIVERY
1.01 Property. Owner does herby grant and convey unto Contractor right
and privilege to enter upon certain real property owned by Owner in Cherokee County, Georgia, said property being more particularly described herein below, said description being incorporated herein by reference (hereinafter the “Property”), for the purpose of removing Materials for the Project:

CWM will remove approximately 15,000 CY of Dirt in order to build DOT
Project 0009887, CWM 2271

1.02 Permits and Testing. Contractor shall obtain its own cost and expenses all necessary plans, permits and licenses, if any, required by any appropriate governmental unit for the performance of any and all work contemplated by this Agreement. Said governmental units include, but are not limited to the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, Georgia Department of Natural Resources, Georgia Environmental Protection Division, The Georgia Soil and Water conservation Commission, and all local governing authorities.

1.03 Material Guarantee. Contractor does not guarantee amount of material to be removed, however, if material is removed, then Contractor shall remove said material and leave the Owner’s property in the condition reasonably consistent with the elevation and grade provided in the grading plan attached hereto as Exhibit “A” upon completion of the work.

1.04 Commencement Date. Contractor will commence removing of the Materials at any time after the date of this Agreement. Such removal may continue throughout the duration of the life of the above-referenced Project, but in no event shall this work continue beyond December 31, 2019.

1.05 Contractor’s Control of Site. Contractor at its sole option may remove Materials on any portion of the Property in whatever sequence or pattern is decided upon by Contractor. Contractor will clear the Property as necessary to remove Materials required for the Project. Contractor shall be responsible for removal of the trees, brush and debris cut or cleared by Contractor. Contractor will slope excavated areas to drain, and grass upon completion consistent with the grading plan attached hereto as Exhibit “A.”

1.06 No Obligation to Proceed/No Warranty. Owner acknowledges that Contractor shall have no obligation to remove any Material on the Property unless Material is available and Contractor decided to remove such Material at Contractor’s sole discretion.

1.07 Compliance with All Laws. Notwithstanding anything herein to the contrary, this Agreement is subject t the laws, statues, rules and regulations of the governments of the United States and the State of Georgia as well as to the specification of GDOT. Any such law, statute, rule, regulation or specification which conflicts with any provision of this Agreement shall control.

1.08 Department of Transportation Approval of Capital Materials. Owner acknowledges that all materials removed from the Property must be approved by the Georgia Department of Transportation (hereafter “DOT”). Contractor shall not be under any obligation to remove any rock or unsuitable materials encountered by the Contractor on the property in the course of Contractor’s excavation work. If any portion of the Materials are determined by the DOT to be unsuitable for the Project, said material will be left in their original condition or retuned to the property.

ARTICLE II
INDEMINITY

2.01 Contractor’s Indemnity. Contractor agrees to indemnify and hold Owner harmless from any and all claims, costs or damages which arise from the date of the execution of this Agreement forward as a result of any negligence in the performance of Contractor’s work as contemplated herein. Owner agrees to give Contractor immediate written notice of any claim of damages suffered by Owner, or by any third party as soon as Owner becomes aware of such claim.

ARTICLE III
OWNER’S REPRESENTATIONS AND WARRANTIES

3.01 Authority. The party executing
this Agreement below represents and warrants to Contractor that such person owns the Property and has legal authority to enter into this Agreement and subject the Property to the activities contemplated hereby.

3.02 Contractor’s Exclusive Rights. Owner agrees that Contractor shall have sole exclusive right to remove Materials from the Property during the entire agreement period, and Owner agrees that it will not place or locate any trash, debris, or other items upon the subject property which may disturb or complicate the work at any time during the agreement period.

3.03 Environmental Concerns. The undersigned Owner represents and warrants to Contractor that Owner is not aware of any federal, state or local governmental rule or ordinance which would prevent the removal of materials contemplated by this Agreement. Furthermore, Owner represents and warrants to Contractor that Owner has not received any notice, verbal warning, cease and desist order or any other notification from such federal, state or local government or any agency thereof which designates the Property as a protected wetlands area or which would otherwise present or impact the work contemplated by this Agreement.

3.04 Written Release. Owner agrees to execute a written release suitable to GDOT when the removal of materials is complete and the conditions in the agreement are reasonably met.

ARTICLE IV
PAYMENT TO OWNER

4.01 Contractor Payments. Payment will be made in the amount of $0.50 per CY for suitable Materials removed, estimated at 8 yards per tandem truck load. Final settlement will be based on actual before and after field measurements by Contractor.

4.02 Payment Schedule. Payments will be made on a date agreed upon by Contractor and Owner.

ARTICLE V
MISCELLANEOUS

5.01 Successors and Assigns. This agreement shall be binding upon the parties hereto and their heirs, successors and assigns, This Agreement shall be construed in accordance with the laws of the State of Georgia. Any notice required hereunder shall be provided in writing to the party receiving such notice at the following address:

Contractor: C. W. Matthews Contracting Co., Inc.
Attn: Sheldon Fram, Corporate Counsel
P. O. Box 970
Marietta, Ga. 30061

Owner: ______________________________________
______________________________________
______________________________________

This agreement together with the text embodies the entire Agreement between the parties concerning the subject matter hereof and cannot be waived or amended except by written instrument executed by Owner and Contractor. Owner has not been induced by or relied upon any information, representation, warranty or statement by Contractor in entering this Agreement.

IN WITNESS WHEREOF, the parties have set their hands and seals the date first above written.

CONTRACTOR – C. W. MATTHEWS CONTRACTING CO., INC.

OWNER – CITY OF BALL GROUND

c) Consider Surplus of 2005 Crown Vic Police Car
City Manager Wilmarth stated the Cherokee County District Attorney Office contacted Chief Reeves asking to purchase the 2005 Ford Crown Vic Police vehicle. Before the car can be sold City Manager Wilmarth stated the City Council must first agree to surplus the vehicle.

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to surplus the 2005 Ford Crown Vic Police vehicle and sell to the Cherokee County Board of Commissioners in the amount of $3,000.00.
Motion Unanimously Approved.

Item 8: City Manager Comments
City Manager Wilmarth presented an unaudited report of account balances, statement of revenue and expenditures for the month ended February 28, 2017. The report showed cash on deposit totaled $928,382.16.

Police Chief Bryon Reeves presented a monthly report of the department’s activity.

Item 9: Mayor Roberts & City Council Comments

Item 10: Public Comments

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 and seconded to adjourn.

The minutes of this March 9, 2017, City Council Meeting approved this 13th Day of April 2017.

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

MINUTES
February 8, 2017

Item 1: Meeting Called to Order by Mayor Rick Roberts

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

Council Member John Byrd was absent

Staff Present: Michael Chapman, Donna England, Bryon Reeves, Darrell Caudill, Eric Wilmarth, Karla Weaver
City Clerk Karen Jordan was absent

Item 2: Pledge of Allegiance

Item 3: Appearances
• Presentation and Recognition of Sheriff Roger Garrison
Mayor Roberts presented former Sheriff Roger Garrison with a key to the city and read a proclamation commending him for his service and dedication to the City of Ball Ground during his tenure as Sheriff of Cherokee County

• Mark Lott – Westminster Chapel
Mr. Lott appeared before Mayor and City Council on behalf of Westminster Chapel to request permission to place a mobile unit behind the existing building. He stated the existing building no longer meets the needs of the congregation and therefore would like to appeal to the Mayor and Council for permission to place the mobile unit on the property.

Mayor Roberts stated mobile units are not a permitted use for the zoning classification of the property.
No action taken.

Item 4: Announcements/Informational Items/Project Updates – City Manager Wilmarth
• Arbor Day Tree Planting – Wednesday, February 15, 2017, at 9:30 AM
• Sunday, March 5, 2017, The Tour of the Southern Highlands (ToSH) Bicycle Race is coming to Ball Ground.

Item 5: Approval of January 12, 2017, Minutes
Council Member Homiller put forth a motion, Seconded by Council Member O’Malley to approve the minutes of January 12, 2017, City Council Meeting as submitted by the city clerk.
Motion Unanimously Approved.

Item 6: Old Business – None
a) 2nd Reading of Alcohol License Application for Consumption on Premise
Applicant: Robert Joseph Waldrop
Business Name: Chef Adam Inc. DBA Les Bon Temps Louisiana Kitchen
Location: 248 Gilmer Ferry Road

Council Member Homiller put forth a motion, Seconded by Council Member O’Malley to approve the second reading of the application as submitted.
Motion Unanimously Approved

b) 2nd Reading of Alcohol License Application for Package Sales
Applicant: Rina H. Patel
Business Name: Keshavkrupa2016, LLC/DBA Jordan’s Package Store
Location: 263 Commerce Lane

Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to approve the second reading of the application as submitted.
Motion Unanimously Approved

c) 2nd Reading of Alcohol License Application for Package Sales
Applicant: Dhiraj Dutta
Business Name: American Petro Inc. DBA Danny’s Exxon Ball Ground
Location: 3010 Ball Ground Hwy.

Council Member Homiller, put forth a motion, Seconded by Council Member Prettyman to approve the second reading of the application as submitted.
Motion Unanimously Approved

d) 2nd Reading of Annexation Petition 2017-A01
Applicant: Robert C. Chapman
The Property consists of 1.48 acres and is located at 8611 Ball Ground Hwy.
The property is described as all that tract or parcel of land lying and being in Land Lot 65 of the 3rd District, 2nd Section of Cherokee County and further described as Cherokee County Tax Map No. 03N01, Parcel 118A. The property is currently zoned R40. No zoning change is being requested

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve the second reading of the annexation petition as submitted.
Motion Unanimously Approved

Item 7: New Business
a) 1st Reading of Downtown District – Valley Overlay District Map Amendment
City Manager Wilmarth presented an updated map showing the additions to the Valley Overlay District. He stated the proposed map included the original City boundaries to the north and entire parcels, rather than just following the original “circle”.

Council Member Homiller put forth a motion, Seconded by Council Member O’Malley to approve the first reading of the amendment to the Valley Overlay District Map. (Map Attached)
Motion Unanimously Approved.

b) 1st Reading of Downtown Architectural Controls
The following Design Guidelines for Historic Downtown Central Business District was presented for Mayor and Council discussion.
Council Member Homiller questioned the use of the word should vs shall.

City Attorney Caudill stated the verbiage should remain as should so as to leave allowance of discretion of the Executive Committee. City Attorney Caudill also stated this would give the Executive Committee flexibility when making decisions.

Council Member Homiller put forth a motion, Seconded by Council Member Prettyman to approve the first reading of the Design Guidelines for Historic Downtown Central Business District as outlined below.
Motion Unanimously Approved.

DESIGN GUIDELINES FOR
HISTORIC DOWNTOWN BALL GROUND
CENTRAL BUSINESS DISTRICT

This document presents design guidelines for the construction of new buildings and modifications to existing buildings within the downtown district that are not single family detached residential dwellings. This ordinance is supplemental in nature, and will be used in the absence of more stringent zoning requirements within the district, such as TND. The boundary map for this district shall mirror that of the Downtown District and Valley District

Characteristics of Downtown Buildings:

• Buildings aligned with adjacent historic buildings at sidewalk edge;
• One to three-story traditional commercial buildings;
• Masonry construction dominates;
• Expansive ground floor storefront windows, transitioning into predominantly solid upper floors;
• Flat-roof buildings or pitched roof buildings with a minimum 8:12 Pitch using architectural asphalt shingles, or approved standing seam metal roof of an approved color.

Design Goals:

• To encourage infill development that is consistent with existing historic commercial buildings;
• To continue the use of traditional building materials found in the area with the exception of tin or light weight metal roofing, which was not an original feature, metal roofing will be of a standing seam nature with colors approved by the City;
• To maintain the traditional mass, size, and form of buildings seen along the street (i.e., as seen from the street, a building should be a rectangular mass that is one-to three stories in height).
• To design commercial buildings with storefront elements similar to those seen traditionally (i.e., a commercial building should include: recessed entries, display windows, transom windows, cornices or parapets, and vertically oriented upper-story windows).
• To encourage projects that reinforce the retail oriented function of the street and enhances its pedestrian character.
• To promote friendly, walkable streets (i.e., developments that support pedestrian activity and contribute to the quality of life are encouraged).
• To accurately convey the history of the area by avoiding architectural styles that are not consistent with historic buildings in Ball Ground.

Materials:

Building materials of new structures should contribute to the visual continuity of the district. Brick and wood are the dominant materials and their use in new construction is required. Refer to section D of the Ball Ground Master Plan for illustrations of preferred exterior design elements.

Materials prohibited in the District:
1. Metal (other than an approved standing seam or architectural metal)
2. Vinyl
3. Aggregate Stone Textures
4. Non-architectural masonry block.

Materials permitted in the District:

1. Brick (Standard Size: 3 5/8” x 2 ¼ x 8”)
2. Wood
3. Cementitious Siding (such as Hardi-Plank/Hardi-board.)
4. Masonry Block, used only on the side and/or rear of building.
5. Stucco, used only as accent material.
6. Natural Stacked Stone or manufactured stacked stone that is natural in appearance as accents.
7. Marble

Process Requirements:

1. Applicant must submit stamped engineered drawings, including building elevations with proposed colors of all exterior materials for all structural changes or new construction.
2. Applicant must submit drawings, including building elevations with proposed colors of all exterior materials for cosmetic changes.
3. If taking advantage of zero lot line development standards, applicant must submit construction easements for the duration of the project and a perpetual maintenance easement.
4. Plans require the approval of at least two members of the Executive Committee.
5. Applicant may appeal any decisions of the Executive Committee to the Ball Ground City Council.

c) Consider Terrell Street name Change
Mayor Roberts stated he had been approached by Steven Byrd a resident of Terrell Street with a request to change the name of Terrell Street to Byrd Hill.

City Manager Wilmarth stated the request was sent to Cherokee County Mapping Department asking if the renaming was acceptable. The response was yes it was acceptable.

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to rename Terrell Street to Byrd Hill.
Motion Unanimously Approved

d) Consider surplus of Strippling Street Lot
City Manager Wilmarth stated the Cherokee County Historical Society had asked for Mayor Roberts to enter into an agreement allowing them to move, at their expense a historic house located at 420 Old Canton Road to a vacant lot owned by the City of Ball Ground located at the corner of Old Canton Road and Strippling Street. As stated in the agreement the Cherokee County Historical Society would restore the structure and then sell it dividing the profit between the City of Ball Ground and the Cherokee Historical Society.

Council Member Prettyman put forth a motion, Seconded by Council Member Homiller to partner with the Cherokee County Historical Society by providing them with property to enable them to relocate an abandon historic structure in the City and furthermore grant the city attorney authority to draft a formal agreement outlining how the partnership would work, prior to granting formal consent to move forward with the project.
Motion Unanimously Approved.

e) Consider an additional check signer for any/all banking accounts
Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to authorize Police Chief Bryon Reeves as a fourth check signer for any and all City of Ball Ground checking accounts.
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 January 31, 2017. The report showed cash on deposit totaled $860,872.83

Chief Reeves presented a written report of the department’s activity for the month
ended January 31, 2017.

Item 9: Mayor Roberts & City Council Comments
At this time Mayor Roberts excused himself from the meeting and left the building because of his personal involvement in the subject matter of the executive session.

Item 10: Public Comments – None

Item 11: Executive Session
Council member Stoner put forth a motion, Seconded by Council Member Prettyman to enter into executive session for the purpose to discuss negotiations to purchase the property.
Motion Unanimously Approved.

No action taken.

A motion was put forth by Council Member Stoner, Seconded by Council Member Prettyman to adjourn the executive session and to convene back into the regular meeting.
Motion Unanimously Approved.

Mayor Pro Tem Homiller called the regular meeting back to order.

City Manager Wilmarth provided council members with a summary of a deed for property owned by Mayor Rick Roberts identified as map and parcel number 94N03-022A and consisting of .44 acres. The property appraisal prepared by the Georgia Department of Transportation reflected the property value of $25,000.00. City Manager Wilmarth stated all other properties associated with the Valley Street Streetscape Project has been purchased with the exception of this one.

City Manager Wilmarth informed council members of two options to consider. One is to condemn the property and the second is to purchase the property.

Following the discussion, a motion was put forth by Council Member Stoner, Seconded by Council Member O’Malley to make an offer to purchase the .44 acres located at the corner of Beck and Valley Streets owned by Mayor Rick Roberts at the appraised value of $25,000.00

Motion Unanimously Approved.

Item 12: Adjourn – There being no further business for Council consideration the motion was made by Council Member Stoner, Seconded by Council Member Prettyman to adjourn.
Motion Unanimously Approved

The Minutes of this February 8, 2017, City Council Meeting approved this 9th Day
of March 2017.

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

AGENDA
January 12, 2017

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

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

Staff Present: Michael Chapman, Donna England, Bryon Reeves, Darrell Caudill, Eric Wilmarth and Karen Jordan

Item 2: Pledge of Allegiance

Item 3: Appearances
• James Bence, Mauldin & Jenkins, LLC presented the Independent Audit Report for Period Ended June 30, 2016. Mr. Bence stated the firm has issued an unmodified audit report (i.e., “clean opinion’). The financial statements are considered to present fairly the financial position and results of operations as of, and for the year ended June 30, 2016.

Mr. Bence commended Donna England, Finance Director, City Manager Wilmarth and Staff for their excellent recording keeping and corporation during the audit.

Mayor Roberts and Council Members also commended Donna and her staff for their continued efforts to ensure our receipt of the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting.

Item 4: Announcements/Informational Items/Project Updates – City Manager
• City Hall will be closed on Monday, January 16, 2017 in observance of MLK Day
• Council planning retreat will be held Saturday, January 14, 2017

Item 5: Approval of December 8, 2016 Minutes
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve the minutes of the December 8, 2016 meeting as submitted in writing by the City Clerk.
Motion Unanimously Approved

Item 6: Old Business – None
a) 2nd Reading of changes to Alcohol Ordinance
Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the Second Reading of the following amendment to the City of Ball Ground Municipal Code Chapter 4 Alcoholic Beverages.
Motion Unanimously Approved.

Growlers.
(a) The sale of growlers in compliance with this article is authorized for establishments defined in subsection 3-70(1) authorized to sell alcoholic beverages excluding distilled spirits, by the package. The filling of growlers by means of a capped keg shall not constitute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 or other provisions of this article. The term “growler” means a bottle made of glass or other material customary to the industry provided that the bottle is capable of being sealed with a screw cap or flip top and then sealed for the purpose of complying with open container laws, and further provided that the bottle does not exceed sixty-four (64) ounces and is filled by a licensee or employee of the licensed establishment with beer from a keg. Growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler. Only professionally sanitized and sealed growlers may be filled and made available for retail sale. Each growler must be securely sealed and removed from the premises in its original sealed condition. Except as hereinafter provided, consumption on the premises is strictly prohibited.
(b) The holder of a package malt beverage license, with or without a package wine license, but in no event with a package distilled spirits license, shall be eligible for an ancillary growler malt beverage tasting license to provide samples of growler malt beverages offered for sale to customers under the conditions set forth in this section. Growler malt beverage sampling shall be on limited occasions when a customer requests a sample of a growler malt beverage offered for sale within the premises, or in conjunction with growler malt beverage education classes and sampling designed to promote growler and malt beverage appreciation and education. Growler malt beverage tasting for customers shall only be conducted at a counter area constituting no more than ten (10) percent of the entire floor area of the premises. Growler malt beverage sampling for customers shall be limited to no more than one (1) time per day per customer for a period not to exceed two (2) consecutive hours. Samples shall not exceed four (4) ounces, and no customer shall consume more than sixteen (16) ounces in any two-hour period. Only the licensee or an employee shall open and handle unpackaged malt beverages, and samples shall only be poured by the licensee and/or an employee. No open growler container shall be removed from the licensed premises. Not more than two (2) times per week for a period not to exceed two (2) consecutive hours, the holder of an ancillary growler malt beverage tasting license may conduct educational classes and sampling for class participants. All conditions of sampling set forth in this Section shall apply to such classes, except for the limitation on floor areas where the classes can be conducted. Growler malt beverage sampling and tasting is only permitted within the designated interior portion of the premises. The annual fee for an annual growler malt beverage tasting license shall be fifty dollars ($50.00), and may be revised, by resolution of the mayor and council from time to time and published in the Municipal Schedule of Fees.
(c) The holder of a package malt beverage license, with or without a package wine license, but in no event with a package distilled spirit license, who is authorized to sell growlers and whose premises are located in the downtown district shall, in conjunction with city-sponsored special events within the downtown district, be authorized to sell malt beverages in 16-ounce plastic containers in the same manner as consumption on the premises licensees in the downtown district, except that such sales shall only take place outside the premises in a tent directly adjacent to the premises. The exact location and set-up of the tent shall be subject to the review of the Chief of Police, or designee, for public safety compliance.

– BREW PUBS
– Exception for brew pubs.
(a) For all purposes of this section, a “brew pub” is defined as an eating establishment in which beer or malt beverages are manufactured or brewed for retail consumption on the premises and solely in draft form.
(b) Notwithstanding any other provision of this chapter to the contrary, a limited exception from section 3-40 shall exist for owners and operators of brew pubs provided that:
(1) No individual shall be permitted to own or operate a brew pub without first obtaining a proper brew pub license from the council pursuant to the same procedures as are set forth in section 3-6, and each brew pub license holder shall comply with all other applicable sate and local license requirements; and
(2) A brew pub license authorizes the holder of such license to (i) manufacture on the licensed premises not more than five thousand (5,000) barrels of beer in a calendar year solely for retail on the premises and solely in draft form; and (ii) operate an eating establishment that shall be the sole retail outlet for such beer and may offer for sale any other alcoholic beverages produced by other manufacturers which are authorized for retail sale under this chapter, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brew pub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers.
(c) Possession of a brew pub license shall not prevent the holder of such license from obtaining any other license available under this chapter for the same premises.
(d) A brew pub license does not authorize the holder of such license to sell alcoholic beverages by package for consumption off the premises.
(e) A brew pub licensee shall pay all state and local license fees and excise taxes applicable to individuals licensed under this chapter as manufacturers, retailers, and, where applicable, wholesalers.
(f) Except as set forth above in this section, a brew pub license holder shall be subject to all provisions of this chapter.
– SPECIAL EVENTS
– Special temporary outside events.
(a) Establishments duly licensed by the city to sell alcoholic beverages for consumption on the premises must submit an application and site plan to the director of public safety or designee to engage in outside special events. A special event temporary permit shall authorize the retail consumption licensee to sell alcoholic beverages for consumption on the premises for a period not to exceed the hours otherwise specified in this chapter. The applicant must meet the following requirements:
(1) The licensed establishment must have an existing license for the sale of alcoholic beverages for consumption on the premises. The entrances and exits to the event must be through controlled entry points which allow for easy monitoring of patrons entering and leaving the event.
(2) A site plan must be submitted to and approved by the Chief of Police as well as the city manager for approval. If the site plan provides for an area to accommodate more than twenty-five (25) persons, a crowd control and security plan must be submitted to the Chief of Police for approval. The building inspector must approve any temporary structures.
(3) A signed and notarized letter from the property owner must be submitted to the Chief of Police authorizing the use of the property for the event.
(4) The outside event shall not exceed two (2) days.
(5) All outside events for an individual licensed establishment will be restricted to two (2) events per year.
(6) A non-refundable fee of one hundred fifty dollars ($150.00) per event must be paid at the time of filing of the application.
(7) The completed application must be submitted to the Chief of Police no less than forty-five (45) days prior to the scheduled event.
Nothing in this section shall be construed to waive or appeal any other requirements ordained under this Code.
(b) The licensee or the licensee’s employee shall supervise all aspects of the special event pertaining to the handling and storage of alcoholic beverages and the distribution of alcoholic beverages to consumers. The licensee shall be responsible for compliance with all aspects of this article and state law, and liable for infractions thereof.

ARTICLE XIV. – ANCILLARY WINE TASTING LICENSE
– Conditions of license issuance.
(a) The holder of a wine-only package store license shall be eligible for an ancillary wine tasting license to provide samples of wine offered for sale to customers under the conditions set forth in this section.
(b) Wine sampling shall be on limited occasions when a customer requests a sample of a wine offered for sale within the premises, or in conjunction with wine education classes and sampling designed to promote wine appreciation and education.
(c) Wine tasting for customers shall only be conducted at a wine counter area constituting no more than ten (10) percent of the entire floor area of the premises.
(d) Wine sampling for customers shall be limited to one consecutive two-hour period in any one day. Samples shall not exceed two (2) ounces or less, and no customer shall consume more than eight (8) ounces in any two-hour period.
(e) Wine bottles shall be opened only by the licensee or an employee, and samples shall only be poured by the licensee and/or an employee.
(f) No open containers of wine shall be removed from the licensed premises.
(g) Not more than one time per week for a period of not to exceed two (2) consecutive hours, the holder of an ancillary wine tasting license may conduct educational classes and sampling for classes. All conditions of sampling forth in this section shall apply to such classes, except for the limitation on floor areas where the classes can be conducted.
(h) Holders of an ancillary wine tasting permit shall not charge for samples or tastings, but may accept donations for a charitable organization of their choice.
(i) Wine sampling and tasting is only permitted within the enclosed portion of the premises.
(j) The annual fee for an ancillary wine tasting license shall be fifty dollars ($50.00), which fee may be revised from time to time by resolution of the mayor and council.

BREWERIES
– Definitions.
Brewer means a manufacturer of malt beverages.
Brewery means a place where malt beverages are manufactured or brewed.
(a) Brewer license authorized.
Brewer’s licenses are authorized in the city; provided, however, that no individual shall be permitted to own or operate a brewery without first obtaining a proper brewer’s license from the city in the manner provided in this chapter, and each holder of a brewer’s license shall comply with the provisions of this chapter and all applicable state statutes, including rules and regulations promulgated by the department of revenue.
(b) License fee.
The license fee for a brewer shall be five hundred dollars ($350.00) annually. The license fee may be amended from time to time by resolution adopted by the mayor and council of the city.
(c) Tastings and Tours.
Tastings and Tours shall be permitted in accordance with the provisions of O.C.G.A. § 3-5-38, as amended from time to time.

– Furnishing of wine by patron to restaurant.
Notwithstanding any other contrary provision of the ordinance from which this section derives, any restaurant which is licensed to sell wine for consumption on the premises may permit a patron to bring into the restaurant one (1) unopened bottle of wine for consumption on the premises, if the patron purchases a meal and consumes a portion of the bottle of wine and the meal on the restaurant’s premises. In order for this provision to apply, the restaurant must establish a policy for permitting this and must charge a minimum corkage fee of ten dollars ($10.00) per bottle. Nothing in this section shall be deemed to require a restaurant to establish such a policy. Except as provided in this section, it is prohibited for any person to bring his own alcoholic beverage into any retail establishment without regard to whether such establishment is licensed to sell alcoholic beverages. For the purposes of this section, the term retail establishment shall not include a private hotel room or similar guest room or a private club.
– Removal of wine from restaurant by patron.
Notwithstanding any other contrary provision of the ordinance from which this section derives, any restaurant which is licensed to sell wine for consumption on the premises may permit a patron to remove one (1) unsealed bottle of wine per patron for consumption off the premises, if the patron has purchased a meal and consumed a portion of the bottle of wine with such meal on the restaurant’s premises. A partially consumed bottle of wine that is to be removed from the premises must be securely resealed by the licensee or its employees before removal from the premises. The partially consumed bottle of wine shall be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with, and a dated receipt for the bottle of wine or corkage fee and meal shall be provided by the licensee and attached to the container. If transported in a motor vehicle, the container with the resealed bottle of wine shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.

Open area, sidewalk, deck and patio sales. (Replaces Sec. 4-142.(a) ) – the rest of 4-142 remains in effect
The consumption and/or sale of alcoholic beverages may be allowed in open areas, sidewalks, decks, patios or similar unenclosed spaces on or about the premises of an establishment licensed to sell alcohol for consumption on the premises if written application is made to and approved by City Manager, or designee, under such conditions as the director may deem appropriate for the protection of public health, safety and welfare including, but not limited to, maximum capacity, ingress and egress.

Item 7: New Business
a) Consider Appointment of Mayor Pro Tem
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve the appointment of Council Member Frank Homiller as Mayor Pro Tem.
Motion Unanimously Approved

b) Consider Appointment of 2017 Department Heads, Committees and Board Members
Council Member Byrd put forth a motion, Seconded by Council Member Homiller to approve the following Staff and Board Appointments for the 2017 year as submitted by Mayor Roberts.
Motion Unanimously Approved

City Clerk Karen L. Jordan
Chief of Police Bryon Reeves
Public Works Eric Wilmarth
City Attorney Roach, Caudill & Gunn
City Auditor Mauldin & Jenkins
Engineer G. Ben Turnipseed Engineers
Architect Mark Robillard
Elections Super Karen Jordan

Clerk of Court Kim Forman
Assistant Clerk of Court Karen L. Jordan
Municipal Court Judge Gary Markwell

Tree Board Appointments
Karen Jordan, Chairman
Jennie Byers
Beth Hall
Sitting president of the Ball Ground Garden Club

Zoning Board of Appeals
David Kubala
Daniel Sission
Sandy Klaesius
Jeremy Parker
Vacant

Council Committees Chair Other Staff
Insurance & Personnel Andy Mickey Donna
Historic & Natural Preservation Frank Andy Karen
Parks & Recreation Mickey Frank Karla
Public Works John Lee Eric
Public Safety Lee John Chief

c) Consider Appointments to Downtown Development Authority
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve the following appointments to the Downtown Development Authority.
Motion Unanimously Approved

Downtown Development Authority
John Byrd 01/2020
Bo Pollard 01/2019
Tricia Richardson 01/2017
Gloria Bartko-Thomas 01/2019
Lee Lusk 01/2020
Brent Richardson 01/2019
Kathy Day 01/2020

d) Reaffirm Check Signers for any/all banking/checking accounts
Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to authorize Mayor Roberts, City Manager Eric Wilmarth and City Clerk Karen Jordan as check signers for any/all banking/checking accounts.

e) Consider Establishing and Fixing Qualifying Fees for Municipal Elections per
O.C.G.A. §21-2-131(1)(a)
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve a qualifying fee of $108.00 for the office of mayor and $35.00 qualifying fee for the office of council member.
Motion Unanimously Approved.
f) Consider Arbor Day Proclamation
The following proclamation was read by Mayor Roberts and confirmed unanimously by Council Members. Mayor Roberts stated the date, location and time of the tree planting would be announced later.

Proclamation #2017-01

Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day is set aside for the planting of trees, and

Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and

Whereas, Arbor Day is now observed through the nation and the world, and

Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and

Whereas, trees are a renewable resources giving us paper, wood for our homes, fuel for our fires and countless other wood products, and

Whereas, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and

Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal, and

Now, Therefore, I A. R. Roberts, III, Mayor of The City of Ball Ground, do hereby proclaim February 17, 2017 as Arbor Day in The City of Ball Ground, and I urge all citizens to support efforts to protect our trees and woodlands and

Further, I urge all citizens to plant trees to gladden hearts and promote the well-being of present and future generations.

Dated this 12th Day of January 2017

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

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

g) 1st Reading of Alcohol License Application for Consumption on Premise
Applicant: Robert Joseph Waldrop
Business Name: Chef Adam Inc. DBA Les Bon Temps Louisiana Kitchen
Location: 248 Gilmer Ferry Road
Mayor Roberts presented the Application for alcohol on premise consumption/sales submitted by Robert Joseph Waldrop for 248 Gilmer Ferry Road for Council consideration.

City Manager Wilmarth stated all requirements had been met.

Council Member Byrd put forth a motion, Seconded by Council Member Homiller to approve the first reading of the application as submitted.
Motion unanimously approved.
h) 1st Reading of Alcohol License Application for Package Sales
Applicant: Rina H. Patel
Business Name: Keshavkrupa 2016, LLC/DBA Jordan’s Package Store
Location: 263 Commerce Lane
Mayor Roberts presented the application for package sales of alcohol submitted by Rina H. Patel for business located at 263 Commerce Lane for council consideration.

City Manager Wilmarth stated all requirements had been met.

Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to approve the first reading of the application as submitted.
Motion unanimously approved.

i) 1st Reading of Alcohol License Application for Package Sales
Applicant: Dhiraj Dutta
Business Name: American Petro Inc. DBA Danny’s Exxon Ball Ground
Location: 3010 Ball Ground Hwy.
Mayor Roberts presented the application for package sales of alcohol submitted by Dhiraj Dutta for Danny’s Exxon Ball Ground located at 3010 Ball Ground Hwy.

City Manager Wilmarth stated all requirements had been met. He further stated that the applicant is applying for the license for a business that is presently non-existent. Upon approval of the license, the purchase of the property will be finalized.

Council Member put forth a motion, Seconded by Council Member O’Malley to approve the first reading of the application as submitted.
Motion unanimously approved.

j) 1st Reading of Annexation Petition 2017-A01
Applicant: Robert C. Chapman
The Property consists of 1.48 acres and is located at 8611 Ball Ground Hwy.
The property is described as all that tract or parcel of land lying and being in Land Lot 65 of the 3rd District, 2nd Section of Cherokee County and further described as Cherokee County Tax Map No. 03N01, Parcel 118A. The property is currently zoned R40. No zoning change is being requested

Mayor Roberts presented the annexation petition for 1.48 acres located 8611 Ball Ground Highway as submitted by Robert C. Chapman.

City Manager Wilmarth stated the required notification had been sent to the Cherokee County Board of Commissioners, but no response had been received at the time of this meeting. City Manager Wilmarth further stated Town and Country Wrecker Service is located at this address and proposes to begin renovation of the building upon finalization of the annexation.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the first reading of the annexation petition as submitted by Robert Chapman.
Motion unanimously approved.

Item 8: City Manager Comments – City Manager Eric Wilmarth
• Financial Report – City Manager Wilmarth presented an unaudited report of account balances, statement of revenue and expenditures for the month ended December 31, 2016. The report showed cash on deposit totaled $845,657.44.

• Chief Reeves presented a written report of the department’s activity for the month ended December 31, 2016, and also a recap of the department’s overall activity for the year 2016.

Item 9: Mayor Roberts & City Council Comments
Mayor Roberts stated Lew Oliver of Whole Town Solutions, Inc. would attend our planning retreat to compare our Master Plan developed in 2007 to our development today. Mr. Oliver and his firm were hired in 2007 to guide elected officials, staff and residents through the Charrett Process to produce a comprehensive master plan that would serve as a blueprint for a revitalized town.

Mayor Roberts announced that he would attend the Georgia Municipal Association’s Annual Mayor’s Day Training Conference later this month. Council Members John Byrd and Mickey O’Malley stated they would also be attending.

Mayor Roberts stated he is constantly complimented on the ongoing improvements to our downtown. Other council members echoed his comments. Mayor Roberts stated it’s good to know we are doing things right.

Mayor Roberts thanked Scott Barnes for his continued representation of Ball Ground on the Cherokee County Zoning Board.

Council Member O’Malley expressed his excitement on the continued use of the Ball Ground City Gym. He said it has become hard to meet the demand to rent the facility.

Council Member O’Malley stated he had received a request from several area residents to add the necessary lines to the tennis court for pickleball. Council Member O’Malley further stated the ones making the request would paint the lines with permission without cost to the city.

It was agreed that the “Pickle Ball Team” could paint the lines.

Council Member Homiller stated he believed we are on the cusp of breaking out. He too is constantly receiving positive comments of the revitalization of our downtown.

Item 10: Public Comments – None

Item 11: Executive Session (If Needed)

Item 12: Adjourn
There being no further business for Mayor and Council consideration a motion was duly made and seconded to adjourn at 8:20 PM.

The Minutes of this January 12, 2017, City Council Meeting approved this 8th day of February 2017.