June 11, 2020

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

MINUTES
June 11, 2020

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

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

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

Item 2: Roll Call of Council Members

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

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

The following City Staff were present for the meeting.

Eric Wilmarth
Karen Jordan
Bryon Reeves
Darrell Caudill

Item 2: Pledge of Allegiance – Omitted

Item 3: Appearances – None

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

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

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

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

Item 6: Old Business

Consider Second Reading of the 2020/2021 Operating Budget

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

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

Item 7: New Business

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

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

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

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

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

Section 4-137. – Consumption Sales Only

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

Motion Unanimously Approved.

Consider 1st Reading of Sign Ordinance

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

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

Consider Establishment of 2020 Operational Property Tax Millage Rate

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

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

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

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

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

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

Section 1: SCOPE OF SERVICES

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

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

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

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

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

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

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

Consider Adoption of Cherokee County Animal Ordinance.

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

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

Item 8: City Manager Comments

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

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

Item 9: Mayor Roberts

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

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

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

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

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

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

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

Item 10: Council Comments

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

Item 11: Public Comments

Item 12: Executive Session (If Needed)

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

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

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

Attest: _________________________
Karen L. Jordan, City Clerk

May 14, 2020

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

MINUTES
May 14, 2020

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

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

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

Item 2: Roll Call of Council Members

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

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

The following City Staff were present for the meeting.

Eric Wilmarth
Karen Jordan
Bryon Reeves
Darrell Caudill

Item 2: Pledge of Allegiance

Item 3: Appearances – None

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

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

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

Item 7: New Business

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

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

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

Consider 1st Reading of Proposed 2020/2021 Operating Budget

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

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

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

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

Consider CDBG Cooperation Agreement

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

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

Item 8: City Manager Comments

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

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

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

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

Item 9: Mayor Roberts

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

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

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

Consider Proclamation Peace Officers Memorial Day and Police Week

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

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

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

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

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

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

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

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

Item 10: Council Comments

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

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

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

Item 11: Public Comments

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

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

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

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

Item 12: Executive Session (If Needed)

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

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

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

Attest: _________________________
Karen L. Jordan, City Clerk

March 26, 2020

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

AGENDA
March 26, 2020

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

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

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

The following Staff were present for the meeting.

Eric Wilmarth
Karen Jordan
Bryon Reeves
Darrell Caudill

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

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

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

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

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

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

Item 3. Adjourn

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

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

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

Attest: __________________________
Karen L. Jordan, City Clerk

March 12, 2020

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

AGENDA
March 12, 2020

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

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

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

Item 3: Appearances – None

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

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

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

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

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

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

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

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

 

Item 7: New Business

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

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

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

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

Item 8: City Manager Comments

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

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

Item 9: Mayor Roberts

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

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

Item 10: Council Comments

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

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

Item 11: Public Comments – None

Item 12: Executive Session (If Needed)

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

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

Attest: ___________________________
Karen L. Jordan, City Clerk

February 20, 2020

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

AGENDA
February 20, 2020

Item 1: Meeting Called to Order by Mayor Rick Roberts

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

Council Members Absent: Frank Homiller

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

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

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

Item 3: Appearances

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

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

Item 6: Old Business – None

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Item 8: City Manager Comments

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

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

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

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

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

Item 9: Mayor Roberts

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

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

Item 10: Council Comments

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

Item 11: Public Comments

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

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

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

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

Item 12: Executive Session (If Needed)

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

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

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

Attest: _________________________
Karen L. Jordan, City Clerk

January 9, 2020

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

MINUTES
January 9, 2020

Item 1: Meeting Called to Order by Mayor Rick Roberts

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

Council Members Absent: Frank Homiller and John Byrd

Item 2: Pledge of Allegiance

Item 3: Appearances

James Bence, Mauldin & Jenkins, LLC – Presentation of Financial Audit for Period Ended June 30, 2019. 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 cooperation as of, and for the year ended June 30, 2019.

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

Eric Rife appeared before Mayor and City Council to address the issue of outdoor storage at his business located at 2950 Canton Hwy. Mr. Rife stated he had received a letter stating he was in violation of several ordinances. He stated he was working to correct the problems

Mayor Roberts thanked Mr. Rife for attending the meeting and stated this matter would be discussed at the upcoming council retreat.

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

January 13, 2020 – Mayor and City Council Planning Retreat will be held at the Cherokee County Airport Terminal 8:00 AM – 4:00 PM

Beginning March 14, 2020, live music will be held at the downtown food court.

Item 5: Approval of November 14, 2019 Council Meeting Minutes
(December meeting cancelled)

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner, to approve the minutes of the November 14, 2019 Council Meeting as submitted in writing by the City Clerk
Motion Unanimously Approved

Item 6: Old Business – None

Item 7: New Business

Consider Appointment of Mayor Pro Tem

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to appoint Council Member John Byrd as Mayor Pro Tem.
Motion Unanimously Approved

Consider Appointment of 2020 Department Heads, Committees and Board Members

The following Department Heads were appointed by Mayor Roberts and confirmed by Council Members Byrd, O’Malley, Prettyman and Stoner.

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

Tree Board Appointments
Karen Jordan, Chairman
Jennie Byers
The sitting president of the Ball Ground Garden Club

Zoning Board of Appeals
David Kubala
Daniel Sisson
Jennie Byers
Jeremy Parker
Ellen Goldberg

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
City Manager

Council Member O’Malley will serve as an alternate to the Executive Committee in the event of a members absent or if there is a conflict of interest among one of the members.

Downtown Development Authority Appointments
Kathy Day Term Expires Dec. 31, 2022
John Byrd Term Expires Dec. 31, 2022
Brent Richardson Term Expires Dec. 31, 2022

Cherokee County Planning Commission Appointment: Council Members unanimously agreed to appoint Lee Lusk to serve a one-year term on the Cherokee County Planning Commission.

Reaffirm Check Signers for any/all banking/checking accounts

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman 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

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

Council Member O’Malley put forth a motion, Seconded by Council Member Prettyman 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

Consider Adoption of Zoning Map

Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to approve the City of Ball Ground Zoning Map as presented.
Motion Unanimously Approved

Consider Adoption of Schedule of Service Fees

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

Consider Arbor Day Proclamation

Mayor Roberts presented Proclamation 2020-001 proclaiming February 21, 2020 as Arbor Day in The City of Ball Ground. A tree planting will take place at a time to be determined on this date.
Consider Proposal for Solid Waste Services

City Manager Wilmarth stated the current solid waste provider, Santek proposed a contract extension with a 53% increase. Staff met and decided it to advertise for RFP’S.
Proposals were accepted for a three-week period and opened on Friday, January 3. Proposals were received from Advance Disposal and Waste Pro.
Advance: Residential Service: $18.09 per month for Garbage, Scheduled Bulk Waste, Yard Waste Services and Recycling. Individual pricing. Residents have the option to subscribe to garbage service only. Recycling is optional and can be added for an additional fee.

Waste Pro: $15.25 per month for Weekly Solid Waste, Recycle, Yard Waste & Bulk collection services.

Committee Members met to discuss the proposals. It was their decision to recommend council members select Waste Pro.

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to select Waste Pro to provide residential garbage service. The cost to residents will be $16.50 for Garbage, Scheduled Bulk Waste, Yard Waste Services. Residents have the option to add recycling if they choose at the cost of $23.00.
Motion Unanimously Approved

Consider GMA Lease/Purchase Agreement for Electronic Message Board

City Manager Wilmarth presented a proposal from A1 Signs of Atlanta to purchase a double-face custom aluminum monument with column and internal LED illumination. Included will be 8mm electronic message center with a 5-year parts warranty and 1-year labor warranty. The cost of the electronic message board is $34,430.00. Funding of this purchase will be through the Georgia Municipal Association Lease/Purchase Program.

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

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve A Resolution to authorize the purchase of the electronic message board and direct an officer of the City to execute one or more lease supplements for a lease or leases under the GMA Direct Leasing Program; to designate such leases as qualified tax obligations; to provide an effective date; and for other purposes as presented.
Motion Unanimously Approved

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

An Inmate Housing Agreement between Cherokee County and City of Ball Ground was presented to Mayor and Council for consideration. Per the agreement, the intent in the pursuance of law enforcement in and for the City and the County, the County and the Sheriff will accept, book and house inmates for the City, subject to the terms disclosed in the agreement.

The City previously adopted and adheres to the “Jail Construction and Staffing Act’ requirements as presented in O.C.G.A ⸹15-21-90 and recognizes that ten percent (10%) of all fines shall be paid to the County for the maintenance of the County Jail.

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to enter into the Inmate Housing Agreement between Cherokee County and City of Ball Ground. The Agreement may be terminated by either Party, with or without cause, at any time upon sixty (60) days’ notice in writing delivered by certified mail to the proper official(s) identified herein.
Motion Unanimously Approved

Item 8: City Manager Comments

City Manager Wilmarth provided Council Members with an unaudited report of account balances, and statement of revenue and expenditures for the month ended December 31, 2019. The report showed cash on deposit totaled $1,106,755.61.

Chief Reeves presented a written report of the Police Department’s activities for the month of December 2019 and a yearly report.

Valley Street Streetscape Project is 100% complete.

Three crosswalks located downtown have been equipped with flashing signals to notify motorist of pedestrians entering the crosswalks.

Tour of the Southern Highlands bike racing event will once again be held in Ball Ground February 29th and March 1st. The race is the only Pro/Am stage race east of the Rockies that doubles as a Junior National selection race. The race draws more than 500 pro/elite, masters and amateurs for up to three days of racing and boasts more than $12,000 dollars in cash and prizes. ToSH also offers young athletes a chance for selection to represent the United States on an international stage.

Item 9: Mayor Roberts announced Council Members will hold their 2020 Planning Retreat on Monday, January 13, 2020 at the Terminal of the Cherokee County Airport. The retreat will begin at 8:00 AM and conclude a 4:00 PM. The meeting is open to the public.

Item 10: Council Comments

Council Member O’Malley reported City Gym is in high demand and completely
booked for the next several months.

Council Member O’Malley stated he would like ideas on how the gym could be better utilized during the day. He stated he would be discussing ideas with council members at the planning retreat.

Council Member Prettyman stated today is National Law Appreciation Day. He asked Council Members to join him in declaring this day as National Law Appreciation Day in the City of Ball Ground.

Mayor Roberts along with Council Members Prettyman, Stoner and O’Malley expressed their appreciation to Chief Reeves and his department for the work they do.

Item 11: Public Comments

Christine Rogers resident of 217 Chestnut Street., appeared before Mayor and Council to express her thoughts of the number of properties that she believed to be in violation of a number of city ordinances. She asked Mayor Roberts and Council Members to drive around to look at the properties she spoke of. She asked that properties in violation adhere to enforcement and to give consideration to revising some of the ordinances.

Mayor Roberts thanked Mrs. Rogers for her comments and stated they would discuss her concerns at the planning retreat.

Wyatt Holcomb, resident of 360 Old Canton Road, addressed Mayor and Council Members concerning the clean up of the vacant lot across from his residence. He asked what the process is for approving a site plan.

City Manager Wilmarth told Mr. Holcomb that at this time there is no site plan for the property. The use of the property has not been decided. When the owner has a plan for the property, the property owner will submit a plan to the City for review. At present time the property owner is removing debris and cleaning up the property. A site plan is not necessary for the work being done.

Tony Parrott, owner of Old Iron Rides located at 2955 Canton Hwy., stated he had received a letter from City staff notifying him that he is in violation of several ordinances. He stated he is working to bring his property into compliance with city code as weather permits. He stated he has a vision for improving the location of his business, but it will take time to make those adjustments.

David Arthur, resident of 343 Old Canton Road, asked if the developer of the property adjacent to his property still had plans to plant trees along the property line.

City Manager Wilmarth told Mr. Arthur per the property owner the trees are to be planted within the week.

Dennis Holt, resident of 335 Old Canton Road. requested Mayor and Council Members consider designating Tatum Circle as a one-way street. Mr. Holt stated at one time the street was one way. He said the street is narrow and unsafe for two vehicle traffic.

Mayor Roberts told Mr. Holt that Council would give consideration to his request.

Mr. Holt also asked Mayor Roberts and Council Members give consideration to allowing golf carts the ability to cross Gilmer Ferry Road.

Mr. Bob Walk, a representative from Waste Pro Solid Waste Services, asked for clarification of the process used to determine which solid waste service company was awarded the contract to provide service.

City Manager Wilmarth told Mr. Walk to call for an appointment to meet with him to discuss the matter.

Item 12: Executive Session (If Needed)

Item 12: Adjourn
There being no further business for Mayor and Council consideration, a motion was duly made and seconded to adjourn at 8:45 PM.
Motion Unanimously Approved

The minutes of this January 8, 2020 City Council Meeting approved this 20th Day of February 2020.

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

Attest: ______________________________
Karen L. Jordan, City Clerk


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