Regular Meeting of the Mayor and City Council

City of Ball Ground, Georgia

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

Minutes

January 14, 2021

Item 1: Meeting Called to Order by Mayor Roberts.

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

Other staff participating via teleconference: Finance Director Donna England and Chris Luly, Planning and Zoning.

City Manager Eric Wilmarth and City Clerk Karen Jordan were present in Council Chambers for the meeting. 

Item 2: Pledge of Allegiance

Item 3:  Approve Agenda

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve the agenda with Items 4, 8 (e) & (f) removed and adding Resolution 2021-R03. 

Motion unanimously approved.

Item 4: Appearances – None

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

City Manager Wilmarth announced there would be a virtual meeting of the Cherokee Municipal Association on Thursday, January 28, 2021, at 6:00 PM.

City Manager Wilmarth informed Council Members about the Wellness Program employees are participating in.  Because of the effort of the employees, there was a reduction in the premium cost of $704.42. 

Mayor Roberts congratulated our city staff for their efforts to get healthy and encouraged them to keep up the good work.

Item 6: Approval of November 12, 2020, Council Meeting Minutes

(December meeting canceled)

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve the minutes of the November 12, 2020, Council Meeting as submitted by the City Clerk.

Motion unanimously approved.

Item 7:  Old Business – None

Item 8: New Business

1. Consider Appointment of Mayor Pro Tem

Council Member Prettyman put forth a motion Seconded by Council Member Stoner to appoint Council Member John Byrd as Mayor Pro Tem for the ensuing year.

Motion unanimously approved.

1. Consider Appointment of 2021 Department Heads, Committees and Board Members

The following Department Heads and Committees were appointed by Mayor Roberts and confirmed unanimously by the City Council.

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 Supervisor Karen L. Jordan

Clerk of Court Karla Weaver

Assistant Clerk of Court Karen L. Jordan

Municipal Court Judge Gary Markwell

Tree Board

Karen Jordan, Chairman

Dennis Holt

Diane Smit

Mayor Roberts

The sitting president of the Ball Ground Garden Club

Zoning Board of Appeals

David Kubala

Daniel Sisson

Jennie Byers

Jeremy Parker

Ellen Goldberg

Mayor Roberts appointed five (5) committees and asked that each one report back to Council at least two (2) times during the year at Council Meetings.  The committees are as follows:

Council Committees Chair Other Staff

Finance, Insurance & Personnel Andy Mickey & Frank Donna

Parks & Recreation Mickey Andy & Lee Karen

Roads, Streets & Sidewalks Frank John & Andy Eric

Water, Sewer & Sanitation John Lee & Frank Eric

Public Safety Lee John & Mickey Chief Reeves

Mayor Roberts serves as an ex officio member of each committee.

Executive Committee

Mayor, Mayor Pro Tem, and City Manager

Council Member O’Malley to serve as an alternate to the Executive Committee in the event anyone of the committee members is unable to attend a meeting.

1. Reaffirm Check Signers for any/all banking/checking accounts

Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to authorize Mayor Roberts, City Manager Eric Wilmarth, City Clerk Karen Jordan and Police Chief Bryon Reeves as check signers for any/all banking/checking accounts. Two of the named signers are to sign any and all checks $500.00 and over.

Motion Unanimously Approved

1. Consider Establishing and Fixing Qualifying Fees for Municipal Elections per O.C.G.A. §21-2-131(1)(a)

Council Member Byrd put forth a motion, Seconded by Council Member Stoner to approve the qualifying fee of $35.00 for the office of City Council and $108.00 for the office of Mayor. 

Motion Unanimously Approved

1. Consider Adoption of Zoning Map – Removed for consideration

1. Consider Adoption of Schedule of Service Fees-Removed for consideration

1. Consider Arbor Day Proclamation 2021-01

Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley proclaiming February 19, 2021, as Arbor Day in The City of Ball Ground.  A tree planting will take place at a time to be determined on this date.

Motion Unanimously Approved

1. Consider request from JBJ Properties to accept permanent maintenance and ownership of roads, sidewalks, street signs, and stormwater infrastructure in Heritage Woods Subdivision.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve a Resolution 2021-R1 to accept and authorize certain streets and storm drains in Heritage Woods Subdivision to become publicly maintained streets.

Motion Unanimously Approved

1. Consider Resolution to change the name of Gilmer Ferry Road to Main Street

Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to approve a Resolution 2021-R2 to announce the changing of Gilmer Ferry Road to Main Street. 

Motion Unanimously Approved

1. Consider Ordinance to designate Valley Street as a “No Thru Truck Street.”

Council Member O’Malley put forth a motion, Seconded by Council Member Stoner to adopt an Ordinance to designate Valley Street as a “No Thru Truck Street.”

Motion Unanimously Approved.

1. Consider Map Amendment to increase the Valley Overlay District

City Manager Wilmarth explained that approximately two (2) months ago a track of land was annexed into the City.  Half of the property was already inside the City while a portion of the property was not.  The property located outside the City had a different land use classification and since annexed it needed to conform with the property already inside. 

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to extend the Valley Overlay District classification to cover the entire parcel of property identified as map and parcel number 04N04-031B. 

Motion Unanimously Approved.

1. Commitment for Street Light Funding of GDOT Roundabout-SR 372 Spur Estimated cost $1,500.00 per year.

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to obligate funding for the monthly cost of street lights to be placed at the Roundabout-SR 372 Spur constructed by the Georgia Department of Transportation. 

Motion Unanimously Approved.

1. Consider Resolution 2021-R3 Acknowledging the City of Ball Ground’s Commitment to Reduce the Spread of COVID-19.

Mayor Roberts commented on the current status of COVID-19.  He stated that until there are more people vaccinated and tested it is going to be hard to get the virus under control.  At present time Cherokee County is one of the top counties in the state for testing and a positive number of cases.  Presently we are at 20%, whereas last summer our positive number of cases was at 7/8%.  We are being encouraged by the Georgia Municipal Association to support efforts to minimize the risk of spreading COVID-19. Although some cities have enacted ordinances mandating the wearing of masks, we are reiterating our support for those policies and actions ordered by Governor Kemp. 

City Manager Wilmarth read the ordinance stating strategies to be taken immediately.  They are: 

1. Customers/Residents visiting City Hall must wear a mast while in City Hall
2. City employees shall wear a mask whenever outside their personal office space
3. City employees shall wear a mask when meeting with other staff or the public
4. Patrons at all City Parks and Facilities will be expected to socially distance themselves from individuals with who they do not reside
5. Public gatherings shall not exceed 50 individuals unless social distancing can be achieved and is adhered to
6. Servers in all restaurants shall wear masks when engaging with the public and tables will be arranged to achieve six-foot separation or barriers shall be erected

Council Member Stoner put forth a motion, Seconded by Council Member Homiller supporting the passage of Resolution 2021-R3.

Motion Unanimously Approved

Item 9: City Manager Comments

City Manager Wilmarth provided Council Members with an unaudited report of account balances, and a statement of revenues and expenditures for the month ended December 31, 2020.  The report showed cash on deposit totaled $2,049,975.67

City Manager Wilmarth also updated Mayor and Council Members on several ongoing projects throughout the City. 

Item 10: Mayor Roberts

Mayor Roberts stated he had decided to delay council’s annual planning retreat until later late spring or early summer.

Council Members were encouraged to participate in the Georgia Municipal Associations weekly call with a comprehensive update on COVID-19.

Mayor Roberts said he hoped to achieve two goals this year.  One is for the DDA to become active again, and the second is to complete and adopt a Historic Preservation Ordinance.

Item 11:  Council Comments

Council Member O’Malley expressed his excitement to introduce an online reservation link for the purpose of scheduling the use of city parks and facilities on the City’s Webpage.  We stated it is his desire to bring this service online later this year.

Council Members each expressed their appreciation to Chief Reeves, his officers, and the entire city staff for the work they perform each day.

Council Member Prettyman expressed his desire to require all new homes being constructed to have at least one (1) car garage and to prohibit on-street parking.  City Manager Wilmarth stated there was no code to regulate a house must have a garage.

Item 12:  Public Comments

Item 13:  Executive Session (If Needed)

Item 14:  Adjourn

There being no further business for mayor and council consideration a motion was put forth by Council Member Stoner, Seconded by Council Member O’Malley to adjourn the meeting.

The minutes of this January 13, 2021, City Council Meeting approved this 11^th Day of March 2021.

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

MINUTES
November 12, 2020

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

Item 1: Meeting Called to Order by Mayor Pro Tem John Byrd

Item 2: Roll Call of Council Members

Council Members Byrd Prettyman participated via teleconference call.

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

Item 3: Approval of Agenda

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

Item 4: Announcements/Informational Items/Project Updates – None

Item 5: Approval of October 8, 2020 Council Meeting Minutes

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve the minutes of the October 8, 2020 Council Meeting as submitted in writing by the City Clerk.
Motion Unanimously Approved.

Item 6: Old Business
Consider Second Reading Annexation Petition 2020-A02:
Applicant: Lynwood Development – 560 Old Dawsonville Road

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to approve the second reading of Annexation Petition 2020-A02 as submitted by Lymwood Development for property located at 560 Old Dawsonville Road.
Motion Unanimously Approved

Consider Second Reading Annexation Petition 2020-A03
Applicant: Fred Brackett – 619 Old Dawsonville Rd

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to approve the second reading of Annexation Petition 2020-A03 as submitted by Fred Brackett for property located at 619 Old Dawsonville Road.
Motion Unanimously Approved

Consider Second Reading Annexation Petition 2020-A04
Applicant: City of Ball Ground – 1.34 acres landlocked property located north of where public access road ends (Roberts Lake Rd)

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve the second reading of Annexation Petition 2020-A04 as submitted by City of Ball Ground for 1.34 +/- acres landlocked property located north of where public access road ends (Roberts Lake Road).
Motion Unanimously Approved

Item 7: New Business – None

Item 8: City Manager Comments

City Manager Wilmarth provided Council Members with an unaudited report of account balances, and statement of revenues and expenditures for the month ended October 31, 2020. The report showed cash on deposit totaled $1775,076.55.

City Manager Wilmarth also updated Mayor and Council Members on several ongoing projects throughout the City.

The City received notice from the Environmental Protection Division earlier today to begin the A. W. Roberts Waterline Relocation Project. A notice to proceed was then issued to Trench Incorporated to begin the project. Trench Incorporated is expected to be on site to begin the project within the next two to three weeks.

A new lighting system will be installed at the tennis and basketball courts. The existing on/off switch is constantly being vandalized. In order to eliminate the costly repairs of replacing the on/off switch will now be done remotely through an internet-based system. The lights will be preprogramed to shut off at 10:15 PM nightly.

Chief Reeves presented a written report of the Police Department’s activities for the month ended October 31, 2020.

Watchguard is scheduled to arrive on November 23, 2020 to begin working with the Police Department installing bodycams. The cameras will be installed and officers trained on the use of the devices over the course of three days.

City Attorney Caudill is currently working to provide mayor and council members with a draft of a new zoning code and alcohol ordinance for review within the next couple of months.

Item 9: Mayor Roberts was absent.

Item 10: Council Comments

Council Member Prettyman and Stoner commended Chief Reeves and his department along with City Manager Wilmarth and staff for continuing to provide a high level of service throughout the ongoing Pandemic and recent Hurricane Zeta.

Item 11: Public Comments – None

Item 12: Adjourn

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

The minutes of this November 12, 2020 City Council Meeting approved this 14th day of January 2021.

 

__________________________
R. Roberts, III, Mayor

Attest: ________________________
Karen L. Jordan, City Clerk

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

MINUTES
October 8, 2020

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

Item 1: Meeting Called to Order by Mayor Rick Roberts

Item 2: Roll Call of Council Members

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

Staff Members Present: Finance Director Donna England, Police Chief Bryon Reeves, City Attorney Darrell Caudill, City Manager Eric Wilmarth and City Clerk Karen Jordan

Also Present: Cherokee Tribune Reporter Donald Campbell and Pickens Co. Progress Reporter Larry Cavender

Item 3: Approval of Agenda

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

Item 4: Announcements/Informational Items/Project Updates – City Manager
No announcements

Item 5: Approval of August 13, 2020 Council Meeting Minutes (September Council Meeting Canceled)

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the minutes of the August 13, 2020 Council Meeting as submitted by the City Clerk. (September Meeting was cancelled)
Motion Unanimously Approved.

Item 6: Old Business
Consider 2nd Reading of Application for Alcohol License (Consumption on premises)
Applicant: 1984 Brewing LLC/DBA Rock Solid Brewing
Location: 345 Gilmer Ferry Rd

Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to approve the second reading of the Application for an Alcohol License as submitted by Christina Lauer, 1984 Brewing LLC.
Motion Unanimously Approved.

Annexation Petition 2020-A01: Ridge Mill Associates, LLC 9.99 Acres located on Northridge Rd

Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to approve the second reading of Annexation Petition 2020-A01 as submitted by Ridge Mill Associates, LLC.
Motion Unanimously Approved

Item 7: New Business

Consider Resolution 2020-R-08 as related to petition to change zoning of 10 +/- acres on Northridge Road from AG (General Agriculture) to RZL/Ball Ground (Zero-Lot-Line) for single family residential. Applicant: Ridge Mill Associates, LLC

Applicant is requesting to rezone property from AG (General Agriculture) to RZL (Zero-Lot-Line). If rezoned, the property will be utilized to thirty-five (35) single-family detached homes.

Mayor Roberts stated the Cherokee County Planning Commission held a public hearing on September 1, 2020 and at which time the Commission voted to approve the RZL (Zero-Lot-Line) zoning located on Northridge Road consisting of 10 +/- acres with the following conditions:

Development must contain 5’ sidewalks on each side of the street.
Sidewalks to be installed (3- or 4-foot width) from the front door of each dewing to the sidewalk at the street.
3) Installation of 5’ sidewalks along all Northridge Road frontage of property.
Street tree plantings of 4” caliper from the City of Ball Ground pre-approved tree planting list, every 100 feet of roadway.
LED Street Lights (Standard Georgia Power install currently – same as adjacent development)
Development to be rear entry garages as shown on concept plan
3 pocket parks with a commitment for one of these parks to contain playground equipment.

City Manager Wilmarth stated per the Georgia State Minimum Fire Code, where there are more than 30 dwelling units built there must be two access entrances or equip each dwelling unit with an approved automatic sprinkler system. Because of the terrain of the property the developer has decided to install a sprinkler system in each house.

Council Member Homiller asked if the developer had submitted a site plan.

City Manager Wilmarth answered they have submitted a site plan along with a hydrology study that conforms to the Metro Water District Standards. Water will be retained on site. Storm water for the twenty-five-year storm will leach out. A large detention pond will be constructed on the back of the property per water quality standards so water is detained and released slowly.

Council Member Byrd put forth a motion Seconded by Council Member O’Malley to the petition to change zoning of 10 +/- acres on Northridge Road from AG (General Agriculture) to RZL/Ball Ground (Zero-Lot-Line) for single family residential with the conditions stated above.
Motion Unanimously Approved.

Consider First Reading Annexation Petition 2020-A02:
Applicant: Lynwood Development – 560 Old Dawsonville Road

Council Member Byrd put forth a motion, Seconded by Council Member Prettyman, to accept Annexation Petition 2020-A02 as a first reading.
Motion Unanimously Approved.

Consider First Reading Annexation Petition 2020-A03
Applicant: Fred Brackett – 619 Old Dawsonville Rd

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner, to accept Annexation Petition 2020-03 as a first reading.
Motion Unanimously Approved.

Consider First Reading Annexation Petition 2020-A04
Applicant: City of Ball Ground – 1.34 acres landlocked property located north of where public access road ends (Roberts Lake Rd)

Council Member O’Malley put forth a motion, Seconded by Council Member Byrd, to accept Annexation Petition 2020-A4 as a first reading.
Motion Unanimously Approved.

Consider Interdev Change Order #1 for Storm Utility Data Collection Project

Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve Change Order #1 for the Stormwater Utility Data Collection Project. The effect of change on project cost is $1,830.00.
Motion Unanimously Approved.

Consider an Intergovernmental Agreement for Transportation Improvement Project identified as “2021 Ball Ground Resurfacing Project” between Cherokee County, GA. And City of Ball Ground, GA.

Council Member Byrd put forth a motion, Seconded by Council Member Stoner to enter into an Intergovernmental Agreement for Transportation Improvement Project between by and between Cherokee County and the City of Ball Ground for a resurfacing project identified as “2021 Ball Ground Resurfacing Project.” The project includes 1.1 miles resurfacing of Old Canton Road at a cost to the City of Ball Ground of $91,674.00.
Motion Unanimously Approved.

Consider an Intergovernmental Agreement for Transportation Improvement Project identified as “Old Canton Road at Commerce Lane Guardrail Project” between Cherokee County, GA. And City of Ball Ground, GA.

Council Member Stoner put forth a motion, Seconded by Council Member Byrd to enter into an Intergovernmental Agreement for Transportation Improvement Project by and between the Cherokee County Board of Commissioners and the City of Ball Ground for an improvement project commonly identified as “Old Canton Road and Commerce Lane Guardrail Project.” The estimated cost to the City of Ball Ground is $15,515.90.
Motion Unanimously Approved.

 

Consider adoption of SDS
Council Member Stoner put forth a motion, Seconded by Council Member Prettyman, to empower Mayor Roberts to execute a revised Service Delivery Strategy Form 2’s.
Motion Unanimously Approved.

Consider Request by CCWSA to modify service area to exclude certain parcels

City Manager Wilmarth read a letter from the Cherokee County Water & Sewage Authority stating they had received a request for potable water service from a resident residing off of Blair Road within the Ball Ground service area. The letter further stated the CCWSA staff had determined that a line extension down Blair Road would be required to satisfy the resident’s request. CCWSA, therefore, requests a modification of the service area to exclude parcels 04N03C-009A; 04N03C-009; 04N04-023; 04N04-22; 04N04-21; 04N04-020; and 04N04-018. For clarity, a GIS map was attached to the letter identifying the parcels referenced above.

City Manager Wilmarth stated in order for the City to provide water service to the area, the City would first have to extend the line to the area. Extending the line would be a costly expense to the City along with creating issues providing suitable pressure and flow to the area.

Following discussion, Council Member Byrd put forth a motion, Seconded by Council Member Stoner to modify the City of Ball Ground Service Area excluding the area identified as parcels 04N03C-009A; 04N03C-009; 04N04-023; 04N04-22; 04N04-21; 04N04-020; and 04N04-018.
Motion Unanimously Approved.

Ratify purchase of 2021 Police Vehicle

City Manager reported that the Police Department has once again been plagued with repair issues with one of the Dodge Chargers. The estimated cost to repair the vehicle is approximately $6,000.00. After discussion with Chief Reeves, it was decided it was too costly to repair the vehicle and it would be in the best interest to purchase a new vehicle. Chief Reeves stated that several pieces of equipment from the old vehicle could be use on the new vehicle which would reduce the final cost of the vehicle.

Prior to this meeting City Manager Wilmarth spoke with council members by phone to ask their support to order a new vehicle.

No further discussion. Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to ratify the decision to purchase a new 2021 Ford Explorer.
Motion Unanimously Approved.

Consider Installation of an Electric Vehicle (EV) Charging Station

Mayor Roberts stated in order for the City to become more environmentally friendly an Electric Vehicle Charging Station will be installed in City Park. Council Member Stoner recently asked Mayor Roberts to give consideration to this project.

City Manager Wilmarth stated he received a proposal that included hardware installation, marking and signage of parking spaces and inclusion in the GIS mapping programs for charging stations. The cost to the City would be approximately $16,000.00. Consumers would be required to pay for access to the charging station.
Motion Unanimously Approved.

Consider Authorizations of Small Business Grants

Mayor Roberts stated he would like for the City to offer a Small Business Grant to our local business that were forced to close their doors as a result of Governor Kemps Executive Orders related to the COVID -19 Pandemic. He further stated the Executive Committee would authorize certain funds of the Occupation Tax (Business License), Pro-Rated portions of the alcohol license fees to be refunded only to businesses

Council Member Byrd, put forth a motion, Seconded by Council Member Prettyman to authorize reimbursement of funds identified as Occupation Tax and alcohol license fees paid by City businesses forced to close their doors as a result of Governor Kemps Executive Orders related to the COVID -19 Pandemic.
Motion Unanimously Approved.

Resolution 2020-R06 Fire Prevention Week

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to empower Mayor Roberts to sign Resolution 2020-R06 declaring October 4-10, 2020 as Fire Prevention Week throughout the City of Ball Ground.
Motion Unanimously Approved.

Mayor Roberts encouraged all residents to check their kitchens for fire hazards and use safe cooking practices during Fire Prevention Week 2020, and to support the many public safety activities and efforts of Cherokee County Fire and Emergency Services.

Item 8: City Manager Comments

City Manager Wilmarth provided Council Members with an unaudited report of account balances, and statement of revenues and expenditures for the month ended September 30, 2020. The report showed cash on deposit totaled $1,643,179.65.

City Manager Wilmarth also updated Mayor and Council Members on several ongoing projects throughout the City.

Chief Reeves presented a written report of the Police Department’s activities for the month ended September 30, 2020.

Chief Reeves addressed Mayor and Council Members on the Risk Reduction Certificate Program he is working on. He stated the program is a cooperative effort between the Georgia Association of Chiefs of Police (GACP) and the Georgia Interlocal Risk Management Agency (GIRMA) to help local law enforcement agencies mitigate potential liability. Our department is participating in the Risk Reduction Certification process in an effort to administer liability insurance or self-insurance coverage to the agency and, accordingly, intend for the exemption found at O.C.G.A. ⸹50-18-72(a)(45) to apply to all documents and materials prepared as part of the certification process to maximum extent permitted by Georgia Law. Chief Reeves stated he hoped to have the certificate process completed by the end of 2020.

Item 9: Mayor Roberts stated he would like for Council Members to be reviewing our existing Development Code for discussion at councils 2021 Annual Planning
Retreat.

Mayor Roberts stated the Downtown Development has not met since the onset of the Pandemic and that it would be his desire to see the Downtown Development Authority rebound in 2021.

Mayor Roberts thanked City Manager Wilmarth for his quick response to his desire to construct a walking trail in Calvin Farmer Park. The quarter mile loop is near completion and is already being enjoyed by city residents.

Mayor Roberts stated Cherokee County continues to increase in the number of positive COVID cases. We strongly continue to ask for and appreciate the cooperation of our city customers, our residents, our businesses and our visitors to do the right thing for the benefit of both yourself and others by following the 3 W’s. Wash Your Hands, Wear your mask and Watch your distance.

Item 10: Council Comments
Council Member Prettyman thanked Chief Reeves and his department for all they do to keep the City safe and secure.

Council Member Stoner thanked Council Members for approving the Electric Vehicle (EV) Charging Station. She stated this would be an asset for our City.

Council Member O’Malley commented on the partnership we have with the Creekview High School and Creekland Middle School Sports Teams. Creekview High School is in the process of erecting a sign identifying the patrons of the sports teams. The City of Ball Ground will be recognized as a patron of the teams.

Mayor Roberts and Council Members commended Finance Director Donna England for her outstanding work in our receiving a Certificate of Achievement for Excellence in Financial Reporting.

Item 11: Public Comments – None

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

The minutes of this October 8, 2020 City Council Meeting approved this 12th Day of November, 2020.

_____________________________
Mayor A. R. Roberts, III

Attest: ______________________________
Karen L. Jordan, City Clerk

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

MINUTES
August 13, 2020

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

Item 1: Meeting Called to Order by Mayor Rick Roberts

Item 2: Roll Call of Council Members

Council Members Byrd, Homiller, O’Malley, and Prettyman participated via teleconference call. Council Member Stoner was not present.

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

Item 3: Approval of Agenda

Council Member O’Malley put forth a motion, Seconded by Council Member Homiller to approve the meeting agenda.
Motion Unanimously Approved

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

City Manager Wilmarth stated he and Tim Cavender, Chairman of the March of the Toys Parade for Toys for Tots, have discussed whether or not to cancel the parade this year due to the COVID Pandemic. A final decision will be made on September 1.

Item 5: Approval of July 9, 2020 Council Meeting Minutes

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd, to approve the minutes of the July 9, 2020 Council Meeting.
Motion Unanimously Approved.

Item 6: New Business
Consider Adoption of Fire District Tax Rate for 2020

Mayor Roberts stated that at the July Council Meeting, Council voted to approve the millage rate adopted by the Cherokee County Board of Commissioners. However, since that time the Board of Commissioners has been unable to come to an agreement on what the millage rate should be.

City Manager Wilmarth put forth for council consideration a rate of 3.483 mills, an increase from the previous year tax. He asked that council members remember that this is a pass-through tax, meaning the City collects the tax then remits to Cherokee County for fire services.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley, to set a rate of 3.483 mill for the 2020 Fire District Tax Rate.
Motion Unanimously Approved.

Consider Adoption of Amendment to Fire and Emergency Services Agreement with Cherokee County

City Manager Wilmarth stated that Cherokee County Board of Commissioners has submitted a proposed amendment to the existing Fire Services Agreement. In the existing agreement, it is specified how the fire tax is calculated. The addendum to the agreement states how the tax is calculated based on the BOC use of the Insurance Premium Tax.

City Manager Wilmarth stated that in a letter sent to the cities from the BOC explaining the implications should the Cities of Ball Ground, Canton, Holly Springs, Nelson and Waleska fail to approve the amendments to the IGA for fire services on or before Monday, August 17, 2020. The letter further stated that should the Cities fail to approve the IGA amendments for fire services, it could have painful and far-reaching implications for the County, the School Board, the Tax Commissioner, the citizens, and each City. The letter further stated the only thing the Cities are required to do is approve the necessary amendment to the IGA for fire services, which will do nothing more than maintain the City payments at the level agreed to in the original IGAs.

Mayor Roberts asked council members to consider authorizing the Executive Committee to enter into this agreement to meet the deadline for setting the millage rate.

Council Member Byrd put forth a motion to authorize the Executive Committee to enter into this agreement to amend the existing Fire Services Agreement.
Motion Unanimously Approved.

Consider Application for Alcohol License (Consumption on premises)
Applicant: 1984 Brewin LLC/DBA Rock Solid Brewing
Location: 345 Gilmer Ferry Rd

Council Member Byrd put forth a motion, Seconded by Council Member Prettyman, to approve the first reading of the application to grant an alcohol license for an alcohol license for consumption on premises only.
Motion Unanimously Approved.

Consider Agreement between the City of Ball Ground and SAFEbuilt Georgia, LLC for Services (Building Inspections)

Mayor Roberts stated that over the years, City Manager Wilmarth has performed the duty of building inspector and done an outstanding job doing it. However, the number of inspections has grown. Because of the continued growth a decision was made to outsource building inspections. After considering a number of companies and options, it was decided to enter into an agreement with Safebuilt of Georgia, LLC.

The terms of the agreement shall be effective on the latest date on which the Agreement is fully executed by both Parties. The initial term of the Agreement shall be twelve (12) months, subsequently. The Agreement shall automatically renew for twelve (12) month terms; unless prior notification is delivered to either Party thirty (30) days in advance of the Agreement. In the absence of written documentation, the Agreement will continue in force until such time as either Party notifies the other of their desire to terminate the Agreement.

City Manager Wilmarth stated that in the agreement to be considered by Council, there is one paragraph in the agreement that presents a concern by Safebuilt. City Manager Wilmarth asked Council Members to authorize City Manager Wilmarth to enter into the contract with Safebuilt once they meet the conditions of the contract drafted by City Attorney Caudill.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to enter into the Agreement with Safebuilt of Georgia, LLC as drafted and proposed by City Attorney Caudill.
Motion Unanimously Approved.

Consider Purchase of F-250 Vehicle for Water/Sewer Department

Mayor Roberts stated that traditionally when the City purchases a new vehicle, it is purchased through the GMA Lease/Purchase program. However, that is not the case for this purchase. Mayor Roberts asked Council Members to consider the approval of the purchase of a new much needed vehicle for the Water/Sewer Department. The truck would be purchased with monies derived from the fees collected from the Abbington Ridge Apartments development.

Council Member John Byrd put forth a motion, Seconded by Council Member O’Malley, to purchase a new 2019 Ford F-250 Utility pickup for the Water/Sewer Department at a cost of $36,742.52. The city will pay cash for the purchase of this vehicle.
Motion Unanimously Approved.

Consider Acquisition of Property Parcel 2020-A

Mayor Roberts stated this is a .06 acres narrow piece of property located at the trail head of the Roberts Lake Trail.

City Manager Wilmarth asked Council Members to authorize him to enter into an agreement to purchase said property and to close at a date and time to be determined at the price of $6,000.00 in addition to the cost of the survey and closing cost.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley, to authorize City Manager Wilmarth to enter into an agreement to purchase .06 acres at a cost of $6,000.00, in addition to cost of a survey and closing cost, with the Zona Lee Haynes Family or the new property owners.
Motion Unanimously Approved.

Consider Bid Award for Surplus Property (420 Gilmer Ferry Road aka 420 Main Street)

Mayor Roberts stated this property was advertised for sale on GovDeals. He then asked City Manager Wilmarth to update Council Members on the status of the sale.

City Manager Wilmarth stated the highest bid for the property was $52,000.00.

Council Member Byrd opened the discussion by stating he did not realize the location of piece of property when Council decided to advertise the property for sale.. He stated he would like to wait to sell this property. This property ties to the other property behind the Community Center that Council has yet to decide the future of. This property has other uses or could be used as an access to other city property.

Council Member O’Malley expressed thoughts concerning the sale of the property. He concurred with Council Member Byrd that we should give more consideration to the future use of the property before moving forward with the transaction.

Mayor Roberts stated Council Members would either have to vote on the sell or put forth a motion to reject all bids.

Council Member Byrd then put forth a motion, Seconded by Council Member O’Malley, to reject all bids received.

Council Member Prettyman commented that he would like to move forward with the sale of the property.

No further discussion.

Council Members Byrd and O’Malley voted to reject all bids.
Council Member Prettyman voted in favor of the sale of the property.
Council Member Homiller abstained from voting.

Motion Passed 2-1-1

Consider RESOLUTION 2020-R05 to accept Coronavirus Relief Fund (CRF) Grant established by the Coronavirus Aid, Relief, and Economic Security Act (CARES)

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley, to adopt A RESOLUTION OF THE CITY OF BALL GROUND, GEORGIA (CITY) to authorize the execution of the Coronavirus Relief Fund (CRF) Terms and Conditions Agreement; to authorize the acceptance of grant payments including all understandings and assurances contained within such agreement; to direct and authorize Mayor Rick Roberts as the official representative of the City to act in connection with the grant application; and to provide such additional information as may be required.
Motion Unanimously Approved.

Annexation Petition 2020-A01: Ridge Mill Associates, LLC
9.99 Acres located on Northridge Rd.

An Ordinance 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.) was read for the first time. The property to be considered is 9.99 /- acres, identified as parcel 011 tax map 03N07, located in Land Lot 81 and 82 of the 3rd District, 2nd Section of Cherokee County, located on North Ridge Road, Ball Ground, GA. 30107. Applicant is seeking to rezone the property to RZL with conditions.

Council Member O’Malley put forth a motion, Seconded by Council Member Byrd, to accept Annexation Petition 2020-A01 as a first reading.
Motion Unanimously Approved.

Item 7: City Manager Comments

City Manager Wilmarth provided Council Members with an unaudited report of account balances, and statement of revenues and expenditures for the month ended July 31, 2020. The report showed cash on deposit totaled $1,682,320.28.

Chief Reeves presented a written report of the Police Department’s activities for the month ended July 31, 2020.

Chief Reeves stated the long-awaited new police vehicle was recently delivered to the dealership. It is scheduled to be outfitted with the necessary equipment before it will be delivered and put into service.

Appoint Court Clerk and Deputy Court Clerk – City Manager Wilmarth stated that due to the resignation of the court clerk it is necessary to make an appointment to fill that position. He recommended that Karen Jordan be appointed as Court Clerk and Karla Weaver as Deputy Court Clerk. Once Karla receives her certification in September, the rolls will be reversed and Council will be asked to appoint Karla as Court Clerk and Karen as Deputy Court Clerk.

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd, to appoint Karen Jordan as Court Clerk and Karla Weaver as Deputy Court Clerk.
Motion Unanimously Approved.

Roberts Lake Trail Project – City Manager reported on Roberts Lake Trail Project. He stated several items needed to complete the requirements to receive approximately $100,000.00 of grant funds are nearing completion. Although this will be an ongoing project, this portion of the project will be complete.

Lantern Walk Cross Walk Project – The City requested the Georgia Department of Transportation give consideration to a pedestrian cross walk at the entrance of Lantern Walk Subdivision and Hwy 5. A request to reduce the speed limit from 45 MPH to 35 MPH was submitted to GDOT for consideration. If the speed requirements are approved, it would allow construction of a cross walk from Lantern Walk Drive to Coy M. Holcomb.

Item 8: Mayor Roberts stated COVID continues to be a real threat to our community, our region and our state. He shared the current situation. Since July 9, 2020 there have been 121,000 new cases in the State of Georgia. In Cherokee County the number is 2,175. The cases continue to grow expeditiously this summer, however new cases appear to be plateauing somewhat the past week. This could be a contributing factor to the drop in the number of new cases. Nonetheless in the last seven (7) days, Cherokee County daily new numbers have averaged 88 new cases per day. That number is the highest since the onset of COVID. Several of the surrounding counties also have experienced an increase in the number of cases.

Mayor Roberts asked Council Member Byrd to coordinate a Zoom meeting with members of the Downtown Development Authority to inform them of what is going on in the downtown district.

Mayor Roberts commented on the Service Delivery Strategy Agreement we have with Cherokee County. He stated we opted not to join the other Cities in opposing the SDS update. Then after months of our losing our Qualified Local Government status, it was finally reinstated a few months ago. It is expected to expire again in October. Mayor Roberts stated he felt we were moving forward to getting an agreement to SDS that all the Cities and County could adopt. However, based on what some of the other Cites are now doing, it appears we may be back to square one by the end of October.

Item 9: Council Comments

Council Member O’Malley reported that currently the Creekview High School Girls Softball team is using Field #2 for their team practice. The local baseball organizations are now registering players for fall baseball season. The local tennis teams are back playing again.

Council Member Prettyman expressed his appreciation to Chief Reeves and his department for their work.

Mayor Roberts commented on the quality of our Police Department. He stated that in all his years of being involved with the City, he is the most comfortable with the department under the leadership of Chief Bryon Reeves.

Council Member Byrd commended the Police Department on the way the officers handled an incident that occurred downtown recently. He stated they handled the matter with the upmost professionalism. He further commended all the employees for their service to the City. Mayor Roberts commended City Manager Wilmarth for the standard of work ethics he has set for other employees to follow.

Item 10: Public Comments – None

Item 11: Adjourn

There being no further business for Council consideration, a motion was duly made and seconded to adjourn at 8:05PM.

The minutes of this August 13, 2020 Meeting of Council approved this 9th Day of October, 2020.

_________________________
A.R. Roberts, III, Mayor

Attest: ________________________
Karen L. Jordan, City Clerk

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

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

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

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

Item 2: Roll Call of Council Members

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

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

Item 3: Pledge of Allegiance

Item 4: Public Hearing – Property Tax Increase for 2020

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

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

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

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

Item 7: Old Business

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

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

Consider 2nd Reading of Sign Ordinance

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

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

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

Consider 2nd Reading of Cherokee County Animal Ordinance.

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

Item 8: New Business

Consider Adoption of Millage Rate for 2020 Property Tax

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

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

Motion Approved 4 yeas.
Council Member Homiller abstained.

Consider Adoption of Fire Tax for 2020

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

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

Consider Resolution GEFA Loan LC2019003

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

Consider Resolution GEFA Loan 2914L37WQ

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

Consider Adoption of Fee Schedule

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

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

Item 9: City Manager Comments

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

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

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

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

Item 10: Mayor Roberts

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

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

Item 11: Council Comments

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

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

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

Item 12: Public Comments – None

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

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

__________________________
Mayor A. R. Roberts, III

Attest: _________________________
Karen L. Jordan, City Clerk