June 10, 2021

Regular Meeting of the Mayor and City Council

City of Ball Ground, Georgia

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

Minutes

June 10, 2021

Item 1: Meeting Called to Order by Mayor Roberts.

Council Members and Staff Present:

John Byrd – Council Member

Mickey O’Malley – Council Member

Lee Prettyman – 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 Andrenia Stoner

Item 2: Pledge of Allegiance

Item 3:  Approve Agenda

Council Member O’Malley put forth a motion, Seconded by Council Member Prettyman to approve the meeting agenda.

Motion Unanimously Approved.

Item 4: Appearances

Presentation of GACP Risk Reduction Certificate – Stan Deese, Georgia Municipal Association Director, Risk Management Services,  Dan Beck, LGRMS Director, and Dwayne Orrick, Assistant Executive Director Georgia Association of Chiefs of Police presented Police Chief Bryon Reeves with a Certificate of Completion of the Risk Reduction Program.  Mr. Beck stated the Ball Ground is the third department in the State of Georgia to receive this distinguished award. 

Mr. Beck stated the program is a cooperative effort between the Georgia Municipal Association of Chiefs of Police and the Georgia Interlocal Risk Management Agency to help local law enforcement agencies mitigate potential liability. 

Mayor Roberts and Council Members commended Chief Reeves and his department for achieving this honor.

Sheriff Frank Reynolds also congratulated Chief Reeves and his department on receiving the GACP Risk Reduction Certificate. 

Sheriff Reynolds announced to Mayor Roberts and Council Members the opening of a new Sheriff’s Precinct located at Evenflo Drive and Hwy 5.  Sheriff Reynolds stated the plans to open a Ball Ground Precinct had been in the making for about two years.  Having the precinct in this location will provide a shorter response time to calls in the area. 

Mayor Roberts thanked Sheriff Reynolds and Lieutenant Downey for the support they provide to the City of Ball Ground.

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

Cherokee County Parks and Recreation conducts a week-long fishing camp each year for kids 8-13 years of age.  Each day they take a field trip to a different location for the kids to fish.  This year they will fish in the pond at Calvin Farmer Park on June 24.

The City’s Annual Fire Works Display will be held on Saturday, June 26 beginning at 9:45 PM.  A concert will be held in Downtown Park beginning at 6:00 PM. 

Item 6: Approval of May 20, 2021, Council Meeting Minutes

Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to approve the minutes of the May 20, 2021, City Council Meeting as submitted in writing by the City Clerk.

Motion Unanimously Approved.

Item 7:  Old Business

  1. Consider Second Reading of Lee Lusk/Old Canton Investments, LLC Annexation Petition 2021-A01

  Applicant:   Lee Lusk of Old Canton Investents, LLC – 125 Old Canton Rd

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the second reading of Annexation Petition 2021-A01 as presented.

Motion Unanimously Approved.

  1. Consider 2nd Reading of Application for New Alcohol License:  Licensee Ronald Bryan Choate/ Choate BBQ, LLC, 10150 Ball Ground Hwy, Suite 201

Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to approve the second reading of the application for a new alcohol license for Choate BBQ, LLC as presented.

Motion Unanimously Approved

  1. Consider 2nd Reading of An Ordinance to Amend the Code of Ordinances, City of Ball Ground, Georgia, to provide additional definitions, Micro-Distilleries, and Home Delivery and Sale for Off-Premises Consumption of Alcohol; to provide an effective date; to repeal all Ordinances and parts of Ordinances in conflict herewith, and for other purposes.

Section One: Section 4-19 – Definitions of the Code of Ordinances

Section 4-25 – Micro-distilleries

Section 4-45 – Home Delivery

Section 4-48(b) – Effective Date

Council Member Byrd put forth a motion, Seconded by  Council Member Prettyman to approve the second reading Amending the Code of Ordinances, City of Ball Ground, Georgia as presented.

Motion Unanimously Approved.

Item 8: New Business

  1. Consider Zoning Application Case #21-05-014 Old Canton Investments, LLC

Applicant is requesting to rezone 1.5732 +/- acres at 125 Old Canton Road from R-40 (Single-Family Residential) to TND (Traditional Neighborhood Development) within the Valley Overlay District.  If rezoned, the property will be utilized for three (3) single-family detached homes.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the Zoning Application Case #21-05-014 for Old Canton Investments, LLC as presented.

Motion Unanimously Approved

Council Member O’Malley put forth a motion, Seconded by Council Member Prettyman to amend the City of Ball Ground Zoning Map to include this parcel of property identified as 125 Old Canton Road and further described as tax map and parcel number 03N01-108 in the Valley Street Overlay District. 

Motion Unanimously Approved.

  1. Consider First Reading of Annexation Application 2021-A02

Applicant: Lee Lusk – Mineral Spring Road (04N02-018, 020, & 021)

Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to deny Annexation Application 2021-A02 as presented.

Motion Unanimously Approved.

  1. Consider First Reading of Annexation Application 2021-A03

Applicant:  Lee Lusk – Mineral Springs Road (04N02-004A)

Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to deny Annexation Application 2021-A03 as presented.

Motion Unanimously Approved.

  1. Consider First Reading to an amendment to Appendix A-Zoning; Division 104. – District Standards and Permitted Uses: Section 104.14 Valley Overlay District

City Manager Wilmarth stated the purpose and intent and further summarized the special stipulations of the amendment.

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

Motion Unanimously Approved.

  1. Consider First Reading of Application for New Alcohol License: 

Licensee:  Nancy Ann Wurtz/Lora Mae’s

Location:  420 Old Canton Rd.

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to approve the Application for New Alcohol License for Nancy Ann Wurtz/Lora Mae’s as presented.

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 revenue, and expenditures for the month ended May 31, 2021.  The report showed cash on deposit totaled $1,819,252.02.

City Manager Wilmarth announced that all the cities signed the Service Delivery Strategy Agreement, and it has been transmitted to the Georgia Department of Community Affairs for review.  It is anticipated Ball Ground will regain its Local Qualified Government status within the next 30 to 45 days. 

The City has been notified by the Cherokee County Tax Commissioner of  a glitch in the state software system.   The amount of Ad Valorem tax paid to the City has been miscalculated resulting in an overpayment of approximately $53,000.00 to the City.  City Managers will be asking for a meeting with the County Tax Commissioner to discuss this issue.

City Manager Wilmarth asked council members to consider approving a 4.633 millage rate for the 2021 city property tax at the July Council Meeting.   He stated 4.633 would not be an increase but would be considered revenue neutral. 

The City of Ball Ground is expected to receive an estimated $819,000.00 under the American Rescue Plan.  The City will receive half of the funds this year and the remaining funds in 2021.  A list of projects identifying how the funds are to be spent is underway.

Plans to renovate the Community Center next year are being considered.  The renovation project will be funded with monies from the Special Purpose Local Option Sales Tax.

Quotes for the repair and upgrade to the tennis courts are being accepted.  This project will be presented to Mayor and Council for consideration at the July Council Meeting.

Item 10: Mayor Roberts Comments

               Mayor Roberts announced he would be speaking to the Cherokee County   Chamber of Commerce Leadership Class about the City.  This has become an annual event for the class to visit and learn more about Ball Ground each year.

               The Ball Ground Garden Club is hosting its annual plant sale on Saturday, June 12, 2021.  Mayor Roberts commented on the amount of work the members put into the Botanical Garden and the efforts they have put into organizing the plant sale and festival.  He said the garden is a big benefit to the city, and he receives many positive comments on its beauty.  It is nice to have it located on the grounds of City Hall.

Item 11:  Council Comments

Council Member O’Malley reported on the increase in activity for the sport of  Pickle Ball.  The teams are looking forward to the improvement of the courts.

Council Member Prettyman expressed his appreciation to Chief Reeves and his officers.  He stated they do a fine job and their work does not go unnoticed.

Mayor Roberts stated so many departments have issues, but not ours.  They know the right thing to do and they do it.

Item 12:  Public Comments – None

Item 13:  Adjourn

There being no further business for consideration the meeting adjourned at 8:05

PM.

The minutes of this June 17, 2021, Council Meeting approved this 15th Day of July 2021. 

______________________________

A.R.. Roberts, III, Mayor

Attest:  _______________________________

  Karen L. Jordan, City Clerk

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