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:
TO ADOPT THE FISCAL YEAR 2008-2009 BUDGET FOR EACH FUND OF THE CITY OF BALL GROUND, GEORGIA, APPROPRIATING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES / EXPENSES, ADOPTING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, AND PROHIBITING EXPENDITURES OR EXPENSES FROM EXCEECING THE ACTUAL FUNDING VALUABLE
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.
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.
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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
Karen L. Jordan, City Clerk