Minutes-December 9, 2010

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

Minutes
December 9, 2010

Item 1:  Call to Order by Mayor Roberts
 Council Members Frank Homiller, Mickey O’Malley, Lee Prettyman were present.

 Absent:  Council Member John Byrd and Andrenia Stoner

 Staff Present:  Mark Anderson and Darrell Caudill, City Attorney; Dana Davis, Police Chief; Donna England, Finance Director; Michael Chapman,  Planner; Eric Wilmarth, City  Manager; Karen L. Jordan, City Clerk

Item 2:  Pledge of Allegiance 

Item 3:  Scheduled Appearances

Item 4:  Announcements/Informational Items

Item 5:  Approve Minutes of November 18, 2010
 Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to approve the minutes of the November 18, 2010 City  Council Meeting.
 Motion Approved 3 Yeas 0 Nays  2 Absent

Item 6:  Old Business
 a)  2nd  Reading of Annexation Petition 2010-A01
 Applicant:  Bagwell & Spears Inc. & A. R. Holcomb Properties, LLc.
 Description: The property is described as all that tract or parcel of land lying and being  in Land Lot 141 of the 3rd District, 2nd Section, Cherokee  County, Georgia, being Tract 1A, containing 1.16 acres, more or less, according to that certain plat of survey prepared by Jim  Norton, Georgia  Registered Land Surveyor Number 2260, dated March 28, 2007,  a true and correct copy of which is attached hereto as  Exhibit “A” and more  particularly described in Cherokee County Tax Map No. 03N01 042A.
 Present Zoning:  GC Applicant is not seeking a change in zoning.

 Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to approve annexation petition 2010-A01 as submitted. 
 Motion Approved 3 Yeas  0 Nays  2 Absent

 b)  2nd Reading of Annexation Petition 2010-A02
 Applicant:  Howell Bridge LLC & A. R. Holcomb Properties, LLC.

 Description: The property is described as all that tract or parcel of land lying and being  in Land Lot 141 of the 3rd District, 2nd Section, Cherokee  County, Georgia, being Tract 1b, containing 1.18 acres, Tract 1C, containing 0.04 acre, more or less, and Tract 2, containing 0.22 acre,   more or less, according to that certain plat of survey for Howell Bridge, LLC, prepared by Jim Norton, GRLS No. 2260, dated March 28, 2007,     Georgia  Registered Land Surveyor Number 2260, dated March 28, 2007, a true and correct copy of which is attached hereto as Exhibit    “A” and more particularly described in Cherokee  County Tax Map No. 03N01 042.
 Present Zoning: GC  Applicant is not seeking a change in zoning. 

 Council Member O’Malley put forth a motion, Seconded by Council Member Homiller to approve annexation petition 2010-A02 as submitted.
 Motion Approved 3 Yeas  0 Nays  2 Absent

 c)  Consider 2nd Reading of Application for Alcohol License: 
 Applicant:  David Lock, OTA Ventures, LLC
 Location:  JJ’s Pizza – 248 Gilmer Ferry Road

 Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to approve the Application for Alcohol License submitted by  David Lock, OTA Venture, LLC for JJ’s Pizza located at 248 Gilmer Ferry Road, Ball Ground, Ga. 30107.
 Motion Approved 3 Yeas  0 Nays  2 Absent.

 d)  Consider 2nd  Reading of Application for Alcohol License
 Applicant:  Dhiraj Dutta, American Petro Inc.
 Location:  Chevron Food Mart – 155 Howell Bridge Road

 Council Member O’Malley put forth a motion, Seconded by Council Member Prettyman to approve the Application for Alcohol License submitted by  Dhiraj Dutta, American Petro Inc. for Chevron Food Mart located at 155 Howell Bridge Road, Ball Ground, Ga. 30107.
 Motion Approved 3 Yeas  0 Nays  2 Absent

 e)  Consider 2nd  Reading of Application for Alcohol License
 Applicant:  Dhiraj Dutta
 Location:  Buddy’s Food Mart – 2880 Ball Ground Hwy

 Council Member O’Malley put forth a motion, Seconded by Council Member Prettyman to approve the Application for Alcohol License submitted by  Dhiraj Dutta, for Buddy’s Food Mart located at 2880 Ball Ground Hwy., Ball Ground, Ga. 30107.
 Motion Approved 3 Yeas  0 Nays  2 Absent

 Item 7:  New Business
 a)  Consider adoption of the Multi-Jurisdictional Hazard Mitigation Plan
 Council Member Homiller put forth a motion, Seconded by Council Member O’Malley to approve the Multi-Jurisdictional Hazard Mitigation Plan as  follows:

 Joint City/County Government Ordinance
 Regarding Multi-Jurisdictional Hazard Mitigation Plan

 November 2010
  Whereas, The Cherokee County, Georgia Board of Commissioners and the Mayors and Council members of the cities of Ball Ground,  Georgia,  Canton, Georgia, Holly Springs, Georgia, Nelson, Georgia, Waleska, Georgia and Woodstock, Georgia recognize the threat that natural  hazards  pose to people and property; and

  Whereas, undertaking hazard mitigation actions before disasters occur will reduce the potential for harm to people and property and save  taxpayer  dollars; and

  Whereas, an adopted all hazards mitigation plan is required as a condition of future grant funding for mitigation projects; and

  Whereas, the Cherokee Sheriff’s Office Division of Emergency Management has partnered with the Cherokee County Emergency  Management Program Advisory Council (EMPAC), Cherokee County department heads and representatives and representatives from the cities of  Ball Ground, Georgia, Canton, Georgia, Holly Springs, Georgia, Nelson, Georgia, Waleska, Georgia and Woodstock, Georgia to prepare the 2010  update to the Cherokee County, Georgia Multi-Jurisdictional Hazard Mitigation Plan;

  Now, therefore be it resolved, that the Cherokee County Board of Commissioners, and the mayor and Council of each participating city  government, hereby adopts the Cherokee County, Georgia Multi-Jurisdictional Hazard Mitigation Plan 2010.

 Be it further resolved, that the Cherokee Sheriff’s Office Division of Emergency Management will submit on behalf of the participating municipalities  the adopted Multi-Jurisdictional Hazard Mitigation Plan to the Georgia Emergency Management Agency for final review and approval.

 Motion Approved 3 Yeas  0 Nays  2 Absent.

 b)  Consider adoption of Outdoor Water Use Ordinance (Required by State Law)
 Motion to approve by Council Member Prettyman, Seconded by Council Member Homiller.
  5-1-30 Restriction on Outdoor Water of Landscape:
 Outdoor watering for purposes of planting, growing, managing, or maintaining ground cover, trees, shrubs, or other plants may occur only   between the hours of 4:00 p.m. and 10:00 a.m.; provided,  however, that this limitation shall not create any limitation upon the following outdoor  water uses:
 (a) Commercial raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; the commercial production  or storing of  feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits, or for use in the  production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, or animals; or the commercial  production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products or as otherwise defined in O.C.G.A. § 1-3-3;

 (b) Capture and reuse of cooling system condensate or storm water in compliance with applicable City of Ball Ground ordinances and state  guidelines;

 (c) Reuse of gray water in compliance with O.C.G.A. § 31-3-5.2 and applicable local board of health regulations;

 (d) Use of reclaimed waste water by a designated user from a system permitted by the Environmental Protection Division of the Georgia  Department of Natural Resources to provide reclaimed waste water;

 (e) Watering personal food gardens;

 (f) Watering new and replanted plant, seed, or turf in landscapes, golf courses, or sports turf fields during installation and for a period of 30 days  immediately following the date of installation;

 (g) Drip irrigation or irrigation using soaker hoses;

 (h) Hand watering with a hose with automatic cutoff or handheld container;

 (i) Use of water withdrawn from private water wells or surface water by an owner or operator of property if such well or surface water is on said   property;

 (j) Watering horticultural crops held for sale, resale, or installation;

 (k) Watering athletic fields, golf courses, or public turf grass recreational areas;

 (l) Installation, maintenance, or calibration of irrigation systems; or

 (m) Hydroseeding.
 Motion to approve 3 Yeas  0 Nays 2 Absent. 

Item 8:  City Administrator Report
 Financial Report – Financial Report – An unaudited report of account balances, statement of revenue and expenditures for the month ended   November 30, 2010 was presented by City Administrator Wilmarth.  The report showed cash on deposit totaled $599,840.86.

 An amended budget will be presented to Mayor and Council Members before the end of the fiscal year for approval. 

 Water/Sewage – During the month of November we produced 5.4 million gallons of water, while selling 3.4 million.  Loss rate for the month is 34%.   Several leaks during the month contributed to the significant loss rate. 

 City Admin. Wilmarth stated he had received and email stating reimbursement funds for the well project from the EPD has been   electronically deposited into the Water Dept. checking account as of today.

 The committee appointed by Mayor Roberts at the November Council Meeting to review bids for the collection and disposal of solid waste, met and  agreed to reject all bids and to re-bid the contract.  Bids are due on or before 2:00 PM on December 31, 2010.

 SPLOST/Capital Improvement Projects – Cherokee County has signed the necessary documents, which will allow the City to proceed with the  proposed sidewalk project.  City Admin. Wilmarth stated the project will be bid in three phases because the project may be too costly to construct  at one time. 

 City Admin. Wilmarth stated he has drafted a Capital Improvements Plan for the City.  Mayor Roberts is currently reviewing the report.  A copy will  be given to Council Members for review at a later date.

 Public Safety – Chief Davis presented a written report of the department’s activity for the month ended November 30, 2010.

Item 9:  Mayor Roberts and City Council Report
 Mayor Roberts stated he would like for members of the Downtown Development Authority to attend the Council’s Annual Planning Retreat.  This  committee will be a key part in the revitalization of the downtown area stated Mayor Roberts.

 Mayor Roberts reported on the meeting hosted by the Georgia Municipal Association to discuss the upcoming legislative session.

 Council Member Homiller commented that a number of the downtown area streetlights are not working.   He stated it would appear that the lights  are not being maintained and it leaves some areas darker than others

 Mayor Roberts asked City Admin. Wilmarth to reconnect the lights that were disconnected.

Item 11:  Executive Session (If Needed)

Item 12:  Adjourn 
 There being no further business for Council consideration a motion was duly made and  seconded to adjourn at 7:55 PM

The minutes of this December 9, 2010 Meeting of Council approved this 13th day of January, 2011.

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