March Minutes

Regular Meeting of the Mayor and City Council
City of Ball Ground, Georgia
Ball Ground City Hall 7:00 P.M.   
Minutes
April 8, 2010
 
Item 1:  Mayor Roberts called the meeting to order
Council Members John Byrd, Frank Homiller, Mickey O’Malley, Lee Prettyman &   Andrenia Stoner were present.
 
Staff Present:  Darrell Caudill, City Attorney; Dana Davis, Police Chief; Donna England, Finance Director; Michael Chapman, Planner; Eric Wilmarth, City Manager;  & Karen L. Jordan, City Clerk
 
Also Present:  Erika Neldner, Cherokee Ledger-News; and Ashley Fuller, Cherokee Tribune
 
Item 2:  Pledge of Allegiance led by Council Member Stoner
 
Item 3:  Scheduled Appearances – None
 
Item 4:  Announcements/Informational Items
City Administrator Wilmarth announced the Heritage Days Festival would be held May 15 and 16, 2010.
 
The Census count is currently underway and forms for those who did not receive  one can be picked up at City Hall during regular business hours.
 
Item 5:  Approval of February 27, 2010 Meeting Minutes (No March Meeting was held)
Council Member Stoner put forthe a motion, Seconded by Council member O’Malley to approve the minutes as submitted in writting by the City Clerk.
 Motion Approved 5 Yeas, 0 Nays.
Item 6:  Old Business – None
Item 7:  New Business
a)   1st Reading – De-Annexation Petition 2010-D01 Request by Bill Palmer for deannexation of all that tract of parcel of land lying and being in Land lot 315 of the 4th District, 2nd Section, Cherokee County, Georgia, being Lot 6, Final Plat for Cherry Grove Road, as per plat recorded in Plat Book 102, Page 4, Cherokee County, Georgia Records, said plat being incorporated and made a part hereof.  The property is further described as Map 04N06A, Parcel 006. 
 Mayor Roberts presented De-Annexation Petition 2010-D01 for Council consideration. 
  Council Member Byrd put forth a motion, Seconded by Council Member Stoner to approve the first reading.
  Motion Approved 5 Yeas, 0 Nays.
 
b)   1st Reading – De-Annexation Petition 2010-D02 Request by Bill Palmer for deannexation of all that tract of parcel of land lying and being in Land lot 315 of the 4th District, 2nd Section, Cherokee County, Georgia, being Lot 7, Final Plat for Cherry Grove Road, as per plat recorded in Plat Book 102, Page 4, Cherokee County, Georgia Records, said plat being incorporated and made a part hereof.  The property is further described as Map 04N06A, Parcel 007.
Mayor Roberts presented De-Annexation Petition 2010-D02 for Council consideration.
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve the first reading.
 Motion Approved 5 Yeas, 0 Nays.  
 
c)    1st Reading – De-Annexation Petition 2010-D03 Request by Bennie Shelley for deannexation of all that tract of parcel of land lying and being in Land lot 315 of the 4th District, 2nd Section, Cherokee County, Georgia, being Lot 8, Final Plat for Cherry Grove Road, as per plat recorded in Plat Book 102, Page 4, Cherokee County, Georgia Records, said plat being incorporated and made a part hereof.  The property is further described as Map 04N06A, Parcel 00.
Mayor Roberts presented De-Annexation Petition 2010-D03 for Council consideration.
Council Member Byrd put forth a motion, Seconded by Council Member Stoner to approve the first reading.
  Motion Approved 5 Yeas, 0 Nays
 
d)   Consider Amendment to SPLOST 3 Budget
City Administrator Wilmarth presented an amended SPLOST 3 Budget as related to revenues.  City Administrator outlined the proposed amendments. He stated that when the budget was originally adopted it was anticipated that the Street Scape Project would be completed before June 30, 3009 and the additional grant funding would be received. However that was not the case and the grant funds of $511,786 was not received until the 2009-2010 Budget year began.  Also the intergovernmental funding from Cherokee County to construct the concession stand at the girl’s softball field has been added.  (Amended Budget Attached)  Council Member Stoner put forth a motion to approve the amended SPLOST 3 FY 2009-2010 Budget.
Motion Approved 5 Yeas, 0 Nays.
 
e)   Consider Resolution 2010-R06 Adoption of City of Ball Ground Water Conservation Plan
  A motion by Council Member Homiller, Seconded by Council Member Prettyman to adopt the following resolution know as:
A RESOLUTION No. 2010-R06
 
ACKNOWLEDGING THE CITY OF BALL GROUND’S COMMITMENT TO WATER CONSERVATION
 
WHEREAS, the City of Ball Ground recognizes the critical important of water conservation; and
WHEREAS, Water conservation planning and contingency planning are critical to maintaining and preserving our water supply; and
 
WHEREAS, the City of Ball Ground has developed a Water Conservation Plan and Contingency Plan in the effort to conserve water, improve customer service, and establish priorities for water supply during periods of critical supply shortages.
 
THEREFORE, be it resolved by the Mayor and City Council that the City of Ball Ground is adopting and enforcing the Water Conservation as submitted to the City Council on April 8, 2010.
 
BE IT RESOLVED this _________ day of _______________________, 2010
 
   Signed   /s/ A. R. Roberts, III, Mayor
Attest:   /s/ Karen L Jordan, City Clerk
f) Consider Expanding the “Downtown District”
City Administrator Wilmarth presented a map of the “Downtown District” with the revisions discussed at the Councils February Planning Retreat. 
 
Mayor Roberts stated that the revisions would enlarge the district by approximately 200%.  Some of the benefits and incentives from expanding the district would benefit the Downtown Development Authority in their efforts to redevelop the downtown area.
 
  Council Member Stoner put forth a motion, Seconded by Council Member Byrd to expand the “Downtown District” as proposed at the 2010 Council Planning Retreat (See Attached Map).
  Motion Approved 5 Yeas, 0 Nays.  
 
g)   Consider Transfer of Property to Cherokee County Board of Education.  Property known as:
 
1)    All that tract or parcel of land lying and being in Land Lots 64 and 81 of the 3rd District, 2nd Section, Cherokee County, Georgia, and being more particularly described as “Tract G” on a survey prepared and dated on February 6, 2009 and revised on March 10, 2009, June 4, 2009 and February 4, 2010 by Lanmarx, Inc. for Cherokee County Board of Education and recorded in Plat Book 105, Page 90, Cherokee County, Georgia Records, said plat being incorporated and made a part hereof as “Exhibit A” and made a part hereof.
 
  Motion by Council Member Byrd, Seconded by Council Member O’Malley to empower Mayor Roberts to sign any and all documents related to Limited Warranty Deed pertaining to all that tract or parcel of land lying and being in Land Lots 64 and 81 of the 3rd District, 2nd Section, Cherokee County, Georgia, and being more particularly described as “Tract G” on a survey prepared and dated on February 6, 2009 and revised on March 10, 2009, June 4, 2009 and February 4, 2010 by Landmarx, Inc. for Cherokee County Board of Education and recorded in Plat Book 105, Page 90, Cherokee County, Georgia Records, said plat being incorporated and made a part hereof as “Exhibit A” and made a part hereof
Motion Approved 5 Yeas, 0 Nays.
 
2)    All that tract or parcel of land lying and being in Land Lot 65 of the 3rd District, 2nd Section, Cherokee County, Georgia, and being more particularly described as “Tract C” on a survey prepared and dated on February 6, 2009 and revised on March 10, 2009, June 4, 2009 and February 4, 2010 by Lanmarx, Inc. for Cherokee County Board of Education and recorded in Plat Book 105, Page 90, Cherokee County, Georgia Records, said plat being incorporated and made a part hereof as “Exhibit A” and made a part hereof.
 
  Motion by Council Member Stoner, Seconded by Council Member Prettyman to empower Mayor Roberts to sign any and all documents related to Limited Warranty Deed pertaining to all that tract or parcel of land lying and being in Land Lots 64, 65 and 80 of the 3rd District, 2nd Section, Cherokee County, Georgia, and being more particularly described as “Tract D” on a survey prepared and dated on February 6, 2009 and revised on March 10, 2009, June 4, 2009 and February 4, 2010 by Landmarx, Inc. for Cherokee County Board of Education and    recorded in Plat Book 105, Page 90, Cherokee County, Georgia Records, said plat being incorporated and made a part hereof as “Exhibit A” and made a part hereof.
Motion Approved 5 Yeas, 0 Nays.
 
3)    All that tract or parcel of land lying and being in Land Lot 64, 65 and 80 of the 3rd District, 2nd Section, Cherokee County, Georgia, and being more particularly described as “Tract D” on a survey prepared and dated on   February 6, 2009 and revised on March 10, 2009, June 4, 2009 and February 4, 2010 by Lanmarx, Inc. for Cherokee County Board of Education and   recorded in Plat Book 105, Page 90, Cherokee County, Georgia Records, said plat being incorporated and made a part hereof as “Exhibit A” and made a part hereof.
 
Motion by Council Member Byrd, Seconded by Council Member Stoner to empower Mayor Roberts to sign any and all documents related to Limited Warranty Deed pertaining to all that tract or parcel of land lying and being in Land Lots 64, of the 3rd District, 2nd Section, Cherokee County, Georgia, and   being more particularly described as “Tract H” on a survey prepared and dated on February 6, 2009 and revised on March 10, 2009, June 4, 2009 and    February 4, 2010 by Landmarx, Inc. for Cherokee County Board of Education and recorded in Plat Book 105, Page 90 Cherokee County, Georgia Records, said plat being incorporated and made a part hereof. 
Motion Approved 5 Yeas, 0 Nays.
 
h)   Consider Granting Easement to Cherokee County Board of Education for all that tract or parcel of land lying and being in Land Lot 64, of the 3rd District, 2nd Section, Cherokee County, Georgia, and being more particularly described as “Tract H” on a survey prepared and dated on February 6, 2009 and revised on March 10, 2009, June 4, 2009 and February 4, 2010 by Landmarx, Inc. for Cherokee County Board of Education and recorded in Plat Book 105, Page 90 Cherokee County, Georgia Records, said plat being incorporated and made a part hereof. 
 
  Motion by Council Member Byrd, Seconded by Council Member Stoner to empower Mayor Roberts to sign any and all documents related to a Temporary Construction Easement Agreement between the City of Ball Ground and the Cherokee County Board of Education.
  Motion Approved 5 Yeas, 0 Nays.
 
i) Submit Proposed Budget for fiscal year July 1, 2010 through June 30, 2011
  City Administrator Wilmarth presented for Mayor and Council consideration the proposed budget for fiscal year July 1, 2010 through June 30, 2011.  City Administrator Wilmarth also gave a brief overview of anticipated revenues and proposed fund expenditures for the General Operating Fund, Water/Sewer Fund, SPLOST and Solid Waste Fund.  Budgeted Funds totaled $1,623,607.00
 
  Motion by Council Member Stoner, Seconded by Council Member Byrd to accept the first reading of 2010-2011 Fiscal Year Budget totaling $1,623.607.00
  Motion Approved 5 Yeas, 0 Nays.
 
j) Consider Setting Date of Budget Hearing
Motion by Council Member Homiller, Seconded by Council Member Prettyman to schedule public hearing for the FY 2010-2011Budget for Wednesday, May 5, 2010 at 5:00 PM. 
  Motion Approved 5 Yeas, 0 Nays. 
 
k)    Consider Naming the City of Ball Ground Master Plan developed by Lew Oliver Inc. 2007
Mayor Roberts stated that at the Councils Annual Planning Retreat Marie Garrett suggested that Mayor and Council name the City’s Master Plan developed by Lew Oliver. The Valley District Plan was discussed and deemed appropriate because of the topography of the City.
Council Member Stoner put forth a motion, Seconded by Council Member Homiller to name the City of Ball Ground Master Plan the Valley District Plan.
Motion Unanimously Approved 5 Yeas, 0 Nays.
 
l) Discussion of Disposition of Old City Hall Building
Mayor Roberts stated we continue to have a building that is empty and asked what Council would like to do with the building.  He further stated that there is no money readily available for improvement to be made to the building and consideration should be given to the DDA to dispose of it. 
 
Council Member Stoner stated she thought Council had already made the decision to give possession to the Downtown Development Authority.   Mayor Roberts stated it was discussed but no action was taken.  Mayor Roberts asked for comment from Council Member Homiller. 
 
Council Member Homiller stated that he would like for the DDA to continue with the Old City Hall Building project.  He asked if the inside of the building has been torn out, if not, then that would be the next step since it is felt the building could not be rented in its current condition.
 
Mayor Roberts asked if Council would like to just continue possession of the building.  Council Member Homiller asked if Council would proceed with the transfer of the building to the Downtown Development Authority. 
 
Mayor Roberts asked when the last time the DDA met was.  Council Member Homiller stated that it had been awhile.  Mayor Roberts ask if the group could meet before the May Council Meeting and address the matter with DDA Members.  Mayor Roberts asked Eric to coordinate with Council Member Homiller to schedule a meeting of the DDA.
 
Item 8:  City Manager 
Finance – An unaudited report of account balances, statement of revenue and expenditures for the month ended March 31, 2010 was presented by City Administrator Wilmarth.  The report showed cash on deposit totaled $678,988.60.
 
Administrative – Letters will be mailed out next week to property owners who are believed to be in violation of property maintenance and zoning ordinances.
 
Water and Sewer – The Water System generated 5 million gallons of water while selling 3.3 millions. This resulted in an unaccounted loss of 33% for the month of March. 
 
A new fluoride delivery system has been installed at the well house in an effort to achieve a more consistent fluoride level as well as to reduce time and improve safety operations.
 
EPD will conduct an audit of the system on Tuesday, April 13, 2010.  It has been three years since the last audit.
 
City Administrator Wilmarth stated the Georgia Environmental Facilities Authority is offering the opportunity to Georgia cities, counties and water and or sewer authorities to submit projects to be included for funding through the 2010 CWSF loan program.  Even though we are not currently anticipating a capital improvement project at this time in order to be considered for GEFA funding a project must be listed on the 2010
CWSRF Fundable Priority List.  A completed CWSRF pre-application identifying project will be submitted to GEFA by April 29, 2010.  City Administrator Wilmarth emphasized that this does not obligate the city to borrow any funds.
 
Water Customers will soon have the option to sign up for auto draft.  A letter will be mailed to customers notifying them of this service and how they can sign up.
 
Roads and Streets – Repairs to Terrell Street and Cherokee Village Drive are forthcoming. 
 
Georgia Department of Transportation has been in the downtown area surveying the potholes that have occurred since the road was paved in 2009. 
 
The Georgia Department of Transportation has once again denied our Gateway and TRAILS Grant. 
 
Streetscape Project – Gateway sign is currently being installed and should be completed by the end of the month.
 
Parks and Recreation – The concession stand at the softball field is now complete.  New fencing is currently being installed at the softball field, tennis and basketball courts.  New fencing will also be installed at Lions Club Baseball Field parking lot and SR 372.
 
City Administrator Wilmarth stated he has met several times with county officials to discuss the renovation of the Community Center.  At this time it appears the building is not eligible to receive CDBG funding and therefore renovations will not take place. The City will still receive its portion of grant funds. There is another project that has been identified, which the funds can be used for stated City Administrator Wilmarth.
Public Safety – Chief Davis presented a written report of the department’s activity for   the month ended March 31, 2010. 
Item 9:  Mayor Roberts and City Council Report
Mayor Roberts and City Administrator Wilmarth met with Rod Drake, Georgia Power Company Area Manager.  City Administrative Wilmarth stated that as a result of the construction of the new Ball Ground Elementary School a number of good things are going to happen to this community. One improvement is to the power grid system that Georgia Power uses to service the area. Presently the city has seven grids, upon completion of the project the city will be divided into 12 grids. This means that when there is a power outage it will limit the affective area.  A feeder substation is also planned to be constructed which would also improve service during a power outage. 
 
Mayor Roberts commented on Soap Box Vents concerning the improvements in the downtown area and how the City should do something to clean up the area and get something in the stores besides rocks. Mayor stated there is nothing we can do about the rock shops.
 
City Administrator stated that the”Hubbard Building” is now for sale and another one is for rent.  The Robertson Family has done a lot to improve the buildings.  This presents an opportunity for someone to purchase a building or rent one to start a business.
 
Mayor Roberts stated that we have invested a lot of money in the City to make it look better and it’s time for those who had not maintained their property to do so. 
Council Member Homiller commented about the possibility of enacting a year round burn ban. 
 
This commented prompted a discussion on how outdoor burning was a hazard to persons who had breathing problems.  Mayor Roberts asked City Attorney Caudill to look into drafting an ordinance to limit outdoor burning for council review.
 
Council Member Prettyman commented on the number of downtown business that has closed in recent months.
 
Council Member Homiller stated times are tough and that that the downtown business have some significant challenges to overcome.  There is a fair amount of traffic but parking will always be an issue for them. 
 
Mayor Roberts stated that there is a lot of traffic but the local people have to be willing to support the businesses.
 
City Clerk Karen Jordan announced that the Business Association would meet Monday, April 12, 2010 at 7:00 in the Council Chambers.  She also stated that they are tying real hard to promote the city through various events scheduled throughout the year. 
 
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 meeting at 9:25 AM.
 
The minutes of this April 8, 2010 Meeting of Council approved this 13th day of May, 2010.

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