January 2010 Minutes

Regular Meeting of the Mayor and City Council
City of Ball Ground, Georgia
Ball Ground City Hall ~ 7:00 P.M.
Minutes
January 14, 2010

Item 1: Meeting Called to by Mayor Roberts

City Clerk Karen L. Jordan administered oaths of Office to Mayor Rick Roberts and to Post 5 Council Member Mickey O’Malley. Each will serve a four year term.

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

Council Member John Byrd was absent.

Staff Present: Darrell Caudill, City Attorney; Dana Davis, Police Chief; Michael Chapman, Planner; Eric Wilmarth, City Manager; & Karen L. Jordan, City Clerk

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

Item 3: Appearances

Jack Hausman – 212 Morningstar Way West addressed Mayor and Council concerning the response time to an incident by the Cherokee County Sheriff’s Department. Due to the delayed response time Mr. Hausman asked Mayor and Council to consider ways to fund the hiring of additional officers to increase coverage by the Police Department.

Mayor Roberts thanked Mr. Hausman for his comments and stated the need to increase the department would be discussed at the 2010 annual planning retreat.

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

City Manager Wilmarth pointed out that the City of Ball Ground will recognize the Martin Luther King, Jr. Holiday on Monday, January 18, 2010. City Hall offices will be closed in recognition of that holiday.

Item 5: Approval of Minutes

a) December 22, 2009 City Council Meeting

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to approve the minutes as submitted in writing by the City Clerk.

Motion Approved 4 Yeas, 0 Nays, 1 Absent

Item 6: Old Business – None

Item 7: New Business

a) Rick Hartley representing Mauldin & Jenkins, LLC – Presentation of Financial Audit for Period Ended June 30, 2009

Rick Hartley, Mauldin & Jenkins, Certified Public Accounts, LLC presented the Annual Financial Report and overview of the City’s financial activities for the fiscal year ended June 30, 2008. He further stated the information contained within the report is accurate in all material respects and is reported in a manner that presents fairly the financial position and results of operations of the various funds of the City.

For the second consecutive year Mr. Hartley presented to Mayor Roberts and City Council the Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year ended June 30, 2008. Mr. Hartley stated that the Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.

Mayor Roberts stated that Ball Ground is one of the smallest city’s to receive this award.

Mr. Hartley and Mayor Roberts thanked Finance Director Donna England along with other Staff Members for their assistance and contribution to the preparation of the report.

(b) Consider HCR Properties, LLC Zoning Application
The property is located on Cartersville St in LL 66, 3rd District, Tract A, B& C.
Current zoning: R-20 Conservation.
Proposed Zoning: RZL
Mayor Roberts presented the application.
Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to approve RZL zoning as requested by HCR Properties, LLC.
Motion Approved 4 Yeas, 0 Nays, 1 Absent

(c) Consider Appointment of Mayor Pro Tem

Mayor Roberts requested that Council Members confirm his appointment of Council Member Frank Homiller as Mayor Pro Tem.

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to confirm the appointment of Council Member Homiller as Mayor Pro Tem.

Motion Approved 3 Yeas, 0 Nays, 1 Absent. Council Member Homiller abstained.

(d) Consider Appointment of 2010 Department Heads, Committees and Boar Members
Mayor Roberts recommended the following appointments for council approval.
Department Heads
City Clerk Karen L. Jordan
Chief of Police Dana Davis
Elections Superintendent Karen L. Jordan
Special Staff
City Attorney Roach, Caudill & Gunn
City Auditor Mauldin & Jenkins
Engineer G. Ben Turnipseed Engineers
Architect Mark Robillard
Municipal Court
Clerk of Court Karen L. Jordan
Assistant Clerk of Court Kim Forman
Municipal Court Judge Gary Markwell
Associate Municipal Court Judge Robert Dyer
A motion was put forth by Council Member Stoner, Seconded by Council Member Prettyman to approve the appointments put forth by Mayor Roberts.
Motion Approved 4 Yeas, 0 Nays, 1 Absent
Zoning Board of Appeals: David Kubala, Daniel Sisson, Scott Barns, Judson Roberts & Sandy Klaesius
Council Member Homiller put forth a motion, Seconded by Council Member Prettyman to approve the appointments to the Zoning Board of Appeals put forth by Mayor Roberts
Motion Approved 4 Yeas, 0 Nays, 1 Absent

Tree Board: Mayor Roberts, Karen L. Jordan, Jerrie Hall & Jennie Byers

Council Member Prettyman put forth a motion, Seconded by Council Member Homiller to approve the appointments to the Tree Board put forth by Mayor Roberts.
Motion Approved 4 Yeas, 0 Nays, 1 Absent.

Mayor Roberts put forth the following Committee Appointments for Council consideration:

Executive Committee: Mayor Roberts; Chairman, Members Frank Homiller & Eric Wilmarth

Public Safety: John Byrd; Chairman, Members Lee Prettyman and Chief Davis

Parks & Recreation: Mickey O’Malley; Chairman, Members Lee Prettyman & Karen Jordan

Natural & Historic Resources: Andrenia Stoner; Chairman, Members Frank Homiller & Michael Chapman

Public Works: Lee Prettyman; Chairman, Members J. C. Cornett & Frank Homiller

Personnel: Mayor Roberts; Chairman, Members Frank Homiller, Andrenia Stoner & Eric Wilmarth

Finance/HR: Mayor Roberts; Chairman, Members Frank Homiller, Eric Wilmarth & Donna England

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve the appointments as put forth by Mayor Roberts.
Motion Approved 4 Yeas, 0 Nays, 1 Absent
(e) Reaffirm Check Signers for any/all banking/checking accounts
Motion by Council Member Homiller, Seconded by Council Member Stoner to affirm Mayor Roberts, City Manager Eric Wilmarth and City Clerk Karen Jordan as check signers on any and all banking accounts.
Motion Approved 4 Yeas, 0 Nays, 1 Absent
(f) Consider Establishing and Fixing Qualifying Fees for November 2, 2010
Municipal Election Per O.C.G.A. §21-2-131(1)(a)
A motion was put forth by Council Member O’Malley, seconded by Council Member Prettyman to set the qualifying fee for the office of Mayor at $108 and at $35 for the office of Council Member.
Motion Approved 4 Yeas, 0 Nays, 1 Absent
(g) Consider Resolution No. 2010-R01 Consider Annexation of portions of Right of
Way along SR 372 Beginning at Existing City Limits extending East to Etowah River Bridge
Mayor Roberts presented Resolution No. 2010-R-01 for Council consideration.
STATE OF GEORGIA
COUNTY OF CHEROKEE
CITY OF BALL GROUND
RESOLUTION NO. 2010-R01

WHEREAS, the Mayor and City Council of the City of Ball Ground, Georgia wish to amend an Act providing a new charter for the City of Ball Ground, approved March 28, 1990 (GA. L. 1990, p 4552), as amended, so as to change the corporate limits of the city, to repeal conflicting laws; and for other purposes; and

WHEREAS, the Act providing a new charter for the City of Ball Ground, Georgia approved March 28, 1990 (Ga. L. 1990, p. 4552), as amended, is hereby further petitioned to be amended by the Mayor and City Council of the City of Ball Ground; and

WHEREAS, the Mayor and City Council of the City of Ball Ground herby wishes to annex portions of right-of-way on SR 372 beginning existing city limit sign approximately ______ miles to Etowah River Bridge; and

WHEREAS, said right-of-way on SR 372 is located within the sphere of influence of the City of Ball Ground, Georgia; and

WHEREAS, the property adjacent to the above stated portions of right of way along SR 372 is within the Service Delivery Area of the City of Ball Ground, Georgia; ;

NOW, THEREFORE, be it resolved by the Mayor and City Council of the City of Ball Ground. Georgia that the ______ miles of right-of-way along SR 372 beginning at existing city limit sign approximately ______ miles to the Etowah River Bridge be annexed into the City of Ball Ground, Georgia.

SO RESOLVED, this 14th day of January, 2010.

/s/ Mayor A. R. Roberts, III

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

Council Member Homiller put forth a motion, Seconded by Council Member Prettyman to approve Resolution No. 2010-R01 and authorize Mayor Roberts to sign the Resolution.
Motion Approved 4 Yeas, 0 Nays, 1 Absent
(h) Consider Resolution No. 2010-R02 Consider Annexation of portions of Right of
Way along SR 372 Beginning at Existing City Limits (Marion Spence Rd.) extending North to Jordan Rd.
Mayor Roberts presented Resolution No. 2010-R02 for Council consideration.
STATE OF GEORGIA
COUNTY OF CHEROKEE
CITY OF BALL GROUND
RESOLUTION NO. 2010-R02

WHEREAS, the Mayor and City Council of the City of Ball Ground, Georgia wish to amend an Act providing a new charter for the City of Ball Ground, approved March 28, 1990 (GA. L. 1990, p 4552), as amended, so as to change the corporate limits of the city, to repeal conflicting laws; and for other purposes; and

WHEREAS, the Act providing a new charter for the City of Ball Ground, Georgia approved March 28, 1990 (Ga. L. 1990, p. 4552), as amended, is hereby further petitioned to be amended by the Mayor and City Council of the City of Ball Ground; and

WHEREAS, the Mayor and City Council of the City of Ball Ground herby wishes to annex portions of right-of-way on SR 372 beginning at Marion Spence Road approximately ______ miles to Jordan Road; and

WHEREAS, said right-of-way on SR 372 is located within the sphere of influence of the City of Ball Ground, Georgia; and

WHEREAS, the property adjacent to the above stated portions of right of way along SR 372 is within the Service Delivery Area of the City of Ball Ground, Georgia; ;

NOW, THEREFORE, be it resolved by the Mayor and City Council of the City of Ball Ground. Georgia that the ______ miles of right-of-way along SR 372 beginning at Marion Spence Road approximately ______ miles to Jordan Road be annexed into the City of Ball Ground, Georgia.

SO RESOLVED, this 14th day of January, 2010.

 MAYOR and CITY COUNCIL OF
THE CITY OF BALL GROUND, GEORGIA

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

Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to approve Resolution No. 2010-R02 and authorize Mayor Roberts to sign the Resolution.
Motion Approved 4 Yeas, 0 Nays, 1 Absent
(i) Consider Resolution No. 2010-R03 Consider Petition to Local Delegation
Requesting Traffic Citation Written By GSP Be Forwarded to the City of Ball Ground Municipal Court
Mayor Roberts presented Resolution No. 2010-R03 for Council consideration.
STATE OF GEORGIA
COUNTY OF CHEROKEE
CITY OF BALL GROUND
RESOLUTION NO. 2010-R03

WHEREAS, H.B. 1756 passed by the Legislature and approved by the Governor on May 17, 2004 effectively amended the charter of the City of Ball Ground and extended the corporate boundaries of the City to include the 4.4 miles of right-of-way along Interstate 575 between Sharp Mountain Creek and the Cherokee/Pickens County line; and

WHEREAS, the Legislature in H.B. 1756, as authorized in O.C.G.A. § 36-32-1, excepted the 4.4 miles of right-of-way along Interstate 575 between Sharp Mountain Creek and the Cherokee/Pickens County line from the jurisdiction of the municipal court of the City of Ball Ground; and

WHEREAS, H.B. 1756 implicitly allows Georgia State Patrol to remain responsible for the patrol of the 4.4 miles of right-of-way along Interstate 575 between Sharp Mountain Creek and the Cherokee/Pickens County line; and

WHEREAS, the Mayor and the City Council of the City of Ball Ground, Georgia offer this Resolution in support of Local Legislation amending the city charter to include the 4.4 miles of right-of-way along Interstate 575 between Sharp Mountain Creek and the Cherokee/Pickens County line within the jurisdiction of the municipal court of the City of Ball Ground; and

WHEREAS, the City of Ball Ground wishes to allow the Georgia State Patrol the continued right, authority, and obligation to patrol the 4.4 miles of right-of-way along Interstate 575 between Sharp Mountain Creek and the Cherokee/Pickens County line, and

NOW, THEREFORE, be it resolved by the Mayor and City Council of the City of Ball Ground,

Georgia that the City of Ball Ground supports the creation and the passage of local legislation amending the charter of the City of Ball Ground to include the 4.4 miles of right-of-way along Interstate 575 between Sharp Mountain Creek and the Cherokee/Pickens County line within the jurisdiction of the municipal court, while allowing the Georgia State Patrol the continued right, authority, and obligation to patrol said area.

SO RESOLVED, this 14th day of January, 2010.

MAYOR and CITY COUNCIL OF
THE CITY OF BALL GROUND, GEORGIA

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

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve Resolution No. 2010-R03 and authorize Mayor Roberts to sign the Resolution.
Motion Approved 4 Yeas, 0 Nays, 1 Absent.

Item 8: City Manager Comments

Finance – An unaudited report of account balances, statement of revenue and expenditures for the month ended December 31, 2009 was presented by City Administrator Wilmarth. The report showed cash on deposit totaled $679,729.94.

Mayor and Council were given an outline of proposed budget amendments for the SPLOST account for review. The amendments will be presented at the February council meeting for their consideration.

Streetscape – Landscaping is 100% complete which leaves the gateway arch left to be installed. This should take place within the next few weeks.

Public Safety – A written report of the department’s monthly activity was presented by Chief Davis. The report reflected 458 calls responded to by the department. Chief Davis also presented the department’s year end report. The total calls responded to by the department totaled 4,793.

Parks & Recreation – Construction of a new concession stand at the girl’s softball field is underway.

The architect has completed the plans for the proposed renovation of the Community Center. Those plans are scheduled to be sent to Cherokee County tomorrow for review.

Item 9: Mayor Roberts & City Council Comments

Mayor Roberts and Council Members discussed their annual planning retreat. It was decided the retreat would be held at City Hall on Saturday, February 6. Additional information will be forth coming.

Mayor Roberts announced he would attend the annual GMA Mayor’s Day Conference in Atlanta next weekend. Mayor Roberts encouraged council members to attend training sessions when possible.

Item 10: Public Comments

Item 11: Executive Session (If Needed)

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

The minutes of this January 14, 2010 Meeting of Council approved this 11th day of February, 2010.

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