May 8, 2008

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

May 8, 2008

Item 1:  Meeting Called to Order by Mayor Roberts

Item 2:  Pledge of Allegiance led by Mayor Roberts

Council Members Present:      John Byrd, Ashley Holcomb, Frank Homiller,
Lee Prettyman & Andrenia Stoner

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

Item 3:  Public Comments – Appearances
CSC Engineering request approval of concept plan for a development in the                           Valley Street Overlay District.

City Adm. Wilmarth stated that CSC Engineering was not in attendance at tonight’s meeting.     However, prior to tonight’s meeting they submitted their plans for Mayor and Council review.      The plans are located in the conference room and may be viewed by Mayor and Council at     their convince.

Mrs. Sue Urbatis questioned the type zoning designated for the Preserve at Long Swamp.
Mayor Roberts responded that the zoning is and has been Rural Estate (RE).  At the     time of the annexation the property was zoned Agriculture (AG) per Cherokee County Zoning     which is equal to the City’s RE zoning.

Mrs. Urbatis also asked if the property located on SR372 would remain zoned TND.

Mayor Roberts stated it would remain at the present TND Zoning until a petitioned for     change is filed.

Mr. John Jordan asked for an update on the Streetscape Project.

City Adm. Wilmarth stated that as of May 7, 2008 we are currently in possession of a     contract signed by Dr. Gena Abraham, Chairman of the Georgia Department of     Transportation.  This is not a notice to proceed, but it is one step closer stated City Adm.     Wilmarth.  The bid documents must now be sent to the Cartersville District Office for review.      Upon their review we are hopeful a notice to proceed will be issued.

Ken Bob, Director of the Ball Ground Girls Softball Teams inquired about the status of the     funding for the construction of the proposed new concession stand.

City Adm. Wilmarth stated he had not received a response from the County Recreation     Department but would follow up on the request.

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

  • Heritage Days Festival will be held in Calvin Farmer Park May 17th & 18th
  • City Hall will be closed Monday, May 26th in the observance of Memorial Day
  • Two employees of the Water Department will sit for their Class II Water Operators License on May 13th.
  • The Georgia Municipal Association Annual Convention will be held June 19-23
  • Valley Street Project had encountered a problem with soil compaction. This will result in an estimated $40,000.00 cost overrun. Other changes in the project could off set this expense and the project remains within budget. Completion date is scheduled on or before September 1, 2008
  • Backup Power Generator Project is complete. A backup power generator has been installed at the “Well House” at a cost of $30,000.00. This project is funded partly by a $17,000.00 grant and $12,500.00 of city funds.
  • We will not begin our grant funded, search for leaks project within the water system until September or October.

Item 5:  Approve Minutes of the following:
a)  April 10, 2008 Regular Meeting
Upon motion by Council Member Holcomb, Seconded by Council Member Prettyman, the         minutes of the April 10, 2008 Regular Meeting was approved as submitted in writing by the         City Clerk.  Motion approved 4 Yeas 0 Nays.  Council Member Stoner abstained due to her         absence at the meeting.

b) April 24 Work Session
Upon motion by Council Member Holcomb, Seconded by Council Member Byrd, the       minutes of the April 24, 2008 Council Work Session was approved as submitted in writing
by the City Clerk.  Motion Approved 5 Yeas 0 Nays.

Item 6: Old Business
a) 2nd Reading of Application for Retail Sales of Beer & Wine – Dustin Thomas Hewatt,         Applicant
Mayor Roberts presented the application for Council consideration.

A motion was made by Council Member Holcomb, Seconded by Council Member Byrd to         approve the 2nd reading of the application for the retail sales of beer and wine submitted by         Dustin Thomas Hewatt.  Motion approved 5 Yeas 0 Nays.

Item 7: New Business
a)  Adopt Resolution R-08 – Budget for the City of Ball Ground, Georgia for Fiscal              Year 2008 – 2009, which begins July 1, 2008 and ends on June 30, 2009.

Mayor Roberts presented the following Resolution #R08-05 for consideration:



WHEREAS, sound governmental operations require a budget in order to plan the financing of services     of the residents of the City of Ball Ground; and

WHEREAS, Title 36, Chapter 81, Article 1 of the Official Code of Georgia Annotated (OCGA) requires     a balanced budget for the City’s fiscal year, which runs from July 1 to June 30 of each year; and

WHEREAS, the Mayor and City Council of the City of Ball Ground have reviewed the proposed     FY2008 -2009 budget as presented by the City Manager; and

WHEREAS, each of these funds is a balanced budget, so that anticipated revenues and other     financial resources for each fund equal the proposed expenditures or expenses; and

WHEREAS, THE Mayor and City Council wishes to adopt this proposal as the Fiscal Year 2008 -2009     Annual Budget, effective from July1, 2008 through June 30 2009.

NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Ball Ground     Georgia, as follows:

Section 1. That the proposed Fiscal Year 2008 -2009 Budget, attached hereto and incorporated      herein as a part of this Resolution is hereby adopted as the Budget for the City of Ball Ground, Georgia      for Fiscal Year 2008 – 2009, which begins July 1, 2008 and ends on June 30, 2009.

Section 2.  That the several items of revenue, other financial resources, and sources of cash shown in     the budget for each fund in the amounts shown anticipated are hereby adopted, and that the several     amounts shown in the budget for each fund as proposed expenditures or expenses, and uses of cash     are hereby appropriated to the departments named in each fund.

Section 3.  That the “legal level of control “as defined in OCGA §36-81 is set at the departmental level,     meaning that the City Administrator in his capacity as Budget Officer is authorized to move     appropriations from one line item to another within a department, but under no circumstances may     expenditures or expenses exceed the amount appropriated for a department without a further Budget     amendment approved by the Mayor and City Council.

Section 4.  That all appropriations shall lapse at the end of the fiscal year.

Section 5.  That this Resolution shall be and remain in full force and effect from and after its date of     adoption.

A motion was made by Council Member Homiller, Seconded by Council Member Prettyman to approve      the Resolution adopting the 2008-2008 City of Ball Ground operating budget as presented.
Motion Approved 5 Yeas 0 Nays.

a) Adopt Schedule of Fee for City Services, Etc.
City Adm. Wilmarth presented a list of fees charged for city services for Council review.  The                                   charges showed an increase, but not limited to the following services:  Community         Building Rental Fees, building permits, print copies, alcohol license, etc.

Council Member Stoner put forth a motion; Seconded by Council Member Holcomb to     approve the increase in fees as submitted in writing by the City Manager.
Motion Approved 5 Yeas 0 Nays.

c) Consider Bid Received for City Owned Property located at 255 Depot Street
City Adm. Wilmarth presented the one and only bid submitted for City owned Property     declared surplus located at 255 Depot Street for Council consideration.  The bid was     submitted by Latimer Construction, Inc. in the amount of $200,000.00.

Council Member Byrd put forth a motion; Seconded by Council Member Prettyman to accept     the bid of $200,000.00 from Latimer Construction, Inc. for City owned property located at     255     Depot Street.  Motion Approved 5 Yeas 0 Nays.

d) Consider Correction of City of Ball Ground Comprehensive Development Code     Division 104.10; Permitted Use. The correction would add back the verbiage,     automobile, boat and trailer sales in permitted uses.
City Adm. Wilmarth presented for Council consideration a corrected copy of the Development     Code and explained the reason for the correction.  City Adm. Wilmarth stated that when the     ordinance was retyped a portion of the ordinance was overlooked.

Council Member Byrd put forth a motion; Seconded by Council Member Stoner to add back     the following to the Ball Ground Comprehensive Development Code Division 104.10;     Permitted Uses:  Automobile, boat and trailer sales.  Motion Approved 4 Yeas 1 Nay.

Item 8:  City Manager Comments
General Operations – A Statement of Bank Account Balances for period ended April 30,     2008 totaling $459,890.21 was presented in writing for Mayor and Council review.

The renewal application for the City’s Liability insurance has been received and reviewed.      Staff is considering the option of increasing the deductible per occurrence to $5,000.00 from     the present $1,000.00 which would create a reduction of the premium by approximately     $7,000.00.

A form letter with a copy of the City’s Sign Ordinance was sent out to local businesses asking     them to read the ordinance and survey their property to determine if they were in     compliance     with the ordinance.

Twenty-seven City residents have been sent a written notice stating their property was in     violation of City Code.

Public Safety – Chief Davis provided Mayor and Council with a written report of the     department’s monthly activity for period ending April 30, 2008.

Public Works – Terrell Street and Roberts Lake Rd. received repairs where the streets had     collapsed.  The cave-ins occurred in areas where sewer lines were installed several years     ago.

The City of Ball Ground under the Georgia Department of Transportation L.A.R.P. Program     will receive the paving of Mound Street.  Each year Georgia DOT reviews the list of project     submitted by each local government and makes selections based on need and availability of     funds once the level of funding is established.

Planning, Zoning and Building -Pursuant to Georgia law, the following types of contractors     must obtain a license from the State Licensing Board for Residential and General Contractors     by July 1, 2008:  Residential-Basic Contractor, Residential-Light Commercial Contractor and General     Contractor.   Additional information related to this subject can be found on the Secretary of States Web     Site.

Item 9: Mayor Roberts & City Council Comments
Mayor Roberts commented on the current status of our water crises.

As with any ESA company, access to certified therapy cats depends heavily on whether a person can afford to be at or live in a participating facility.

Mayor Roberts announced that on Friday, May 16, 2008 he and City Staff will host the     Cherokee County Chamber of Commerce Leadership Cherokee Class and Mayors from     Canton, Holly Springs, Woodstock and Waleska for round table discussion on annexation.

In light of the sexual harassment allegation made recently against then acting Georgia DOT     Chairman Garland Pinholster, Mayor Roberts asked Council Members to join him in     supporting Mr. Pinholster during the attack that has been made on him.  Mayor Roberts     stated that Mr. Pinholster has always presented himself as a gentleman and has been     very supportive of the City of Ball Ground and its people.

Buying a woman a sex toy is a bold move, and there’s a pretty wide margin of error if you’re not careful. Well, if you feel like buying an animal tails butt plug? head over to

Council Member Holcomb put forth a motion, Seconded by Council Member Byrd to pass    a     resolution supporting Mr. Pinholster while under a cloud of politically-charged allegations and     further recognizes the gentleman like conduct Mr. Pinholster has always displayed while     serving the residents of Ball Ground.  Motion Approved 5 Yeas 0 Nays.

Item 10: Executive Session…….None

Item 11: Adjourn
There being no further business for Mayor and Council consideration a motion was duly     made and seconded to adjourn at 8:13 PM.

The Minutes of this May 8, 2008 Meeting of Council approved this 10th Day of June, 2008.

__________________________        ________________________
Mayor A. R. Roberts, III            Council Member Homiller

__________________________        _________________________
Council Member Byrd                Council Member Holcomb

__________________________        _________________________
Council Member Prettyman            Council Member Stoner

Attest __________________________
Karen L. Jordan, City Clerk

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