Nov. 13, 2008

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

November 13, 2008

Item 1:  Meeting Called to Order by Mayor Rick Roberts

Council Members Present:  Ashley Holcomb, Frank Homiller, Lee Prettyman and
Andrenia Stoner

Council Member John Byrd absent

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

Item 2:  Pledge of Allegiance

Item 3:  Public Comments – Appearances
Connie Johns representing the Ball Ground Business Association addressed Mayor and Council Members.  Mrs. Johns spoke about the mission of the Business Association and invited Mayor Roberts and Council Members to attend their monthly meetings that are held the second Monday of each month at the Community Center.  Mrs. Johns thanked the City for their contribution to the Business Association Fall Festival.

Mayor Roberts thanked Mrs. Johns for coming and committed the City’s support to the  Business Association.

Item 4:  Announcements/Informational Items
City Admin. Wilmarth made the following announcements:
City Hall will be closed Thursday, November 24 for the Thanksgiving Holiday
Santa is scheduled to arrived at the Downtown Gazebo on Friday, Dec. 5 @ 6:30 PM
Gilmer ferry Road will be closed Monday evening due to Streetscape related construction
The Referendum to allow the issuance of license for liquor sales for onsite consumption passed 356 Yes Votes to 211 No Votes.

Item 5:  Approve Minutes
a) October 9, 2008
Motion by Council Member Stoner, Seconded by Council Member Holcomb to approve the minutes of the October 9, 2008 Regular Scheduled Council Meeting as submitted in writing by the City Clerk.
Motion approved 4 Yeas, 0 Nays, 1 Absent.

Item 6:  Old Business – None

Item 7:  New Business
a) Presentation of Annual Financial Audit by Mauldin & Jenkins, LLC
Rick Hartley, Mauldin & Jenkins, Certified Public Accounts, LLC presented the Annual Financial Report.  Mr. Hartley provided an overview of the City’s financial activities for the fiscal year ended June 30, 2008.  He further stated the information contained within the report is accurate in all material respects and is reported in a manner that presents fairly the financial position and results of operations of the various funds of the City.

For the first time in the City’s history Mr. Hartley presented to Mayor Roberts and City Council the Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year ended June 30, 2007.  Mr. Hartley stated that the Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.  Mr. Hartley further stated that Ball Ground is one of the smallest city’s to ever receive this award.

Mr. Hartley thanked Finance Director Donna England along with other Staff Members for their assistance and contribution to the preparation of the report.

b) Consider Approval of an Amendment of Fee(s) for Service Schedule
City Admin. Wilmarth proposed Council Members consider amending the City’s Fee for Service Schedule to include the following:

  • $10.00 fee for removal of a pickup load of yard debris.
  • $50.00 fee for removal of a dump truck load of yard debris.

City Admin. Wilmarth stated that in the past this service has been provided to City Residents at no charge. However, because of rising maintenance cost it has become necessary to begin charging a fee.

Council Member Homiller put forth a motion, Seconded by Council Member Stoner to amend the Fee(s) for Service Schedule to include the following:

  • $10.00 fee for removal of a pickup load of yard debris.
  • $50.00 fee for removal of a dump truck load of yard debris.

Motion Approved 4 Yeas, 0 Nays, 1 Absent.

c) Consider a Lease of Property for Off Street Parking
A Lease Agreement between Staurolite Minerals and Mines, LLC and the City of Ball Ground was presented by City Admin. Wilmarth for Mayor and Council Consideration.


THIS AGREEMENT made and entered into this 13th day of November, 2008, by and between Staurolite Minerals and Mines, LLC, whose address is Post Office Box 751, Canton, Georgia 30169, hereinafter referred to as (“Landlord”), and the City of Ball Ground, Georgia, whose address is 215 Valley Street, Ball Ground, Georgia 30107, hereinafter referred to as (“Tenant”).

PREMISES:  That in consideration of the payment of rent hereinafter set forth, to be paid in consideration of the covenants of the parties hereto, one with another, to be performed by them at the time and in the manner hereinafter set forth, the Landlord does hereby lease with certain rights hereinafter shown unto the Tenant, and Tenant hereby accepts from Landlord that certain real property to be used as off street parking located between Mound Street and Valley Street and south of Gilmer Ferry Road in Ball Ground, Georgia, and being a portion of tax parcel number 94N04-041, hereinafter defined as (“leased Premises”) and being more particularly shown on Exhibit “A” attached hereto and made a part hereof.

PERIOD OF LEASE:  Possession by Tenant of the Leased Premises and Tenant’s obligation to pay rent hereunder shall commence on the 1st day of January, 2009, (“Commencement Date”) and shall continue for a term of thirty-six (36) months from the first day of the first full calendar month following the Commencement Date until twelve o’clock on the 1st day of January, 2012.

RENT:  It is mutually agreed and understood that the base rental payment shall be one hundred fifty-four and 32/100 ($154.32 dollars per month.  In lieu of making any monthly rental payments, the parties acknowledge that the Tenant shall immediately install at its sole cost and expense, a black chain link fence without screening around the perimeter of the Leased Premises and Wrought Iron Fence Repair.  The cost of this installation is five thousand five hundred fifty-five and 50/100 ($5,555.50) dollars, therefore, once the fencing is installed, the Tenant will have no further obligation to pay rent during the remaining thirty-six (36) month term of this lease.

USE AND OCCUPANCY:  The Tenant will not use or occupy, or permit to be used or occupied, the said premises for any purpose other than for city off street parking or for its present use, or for the use or purposes in violation of the law, local statutes, ordinances, or regulations.

TERMINATION AND SURRENDER:  The Tenant agrees that at the termination of this lease, or any sooner legal termination thereof, to quit and surrender the premises hereby leased in as good order and condition as at the time of its acquisition, reasonable wear and tear accepted.

(A)  Tenant may terminate this Lease for any of the following reasons by serving prior written notice on Landlord:
(1)  Within sixty (60) days after the end of the thirty-six (36) month Lease Agreement for any reason, with or without cause.
(2)  If Landlord is in default under any provision of this Lease Agreement.
(3)  After thirty (30) days written notice provided to Landlord for any reason, with or without cause.
(B)  Landlord may terminate this Lease for any of the following reasons by serving prior written notice on Tenant;
(1)  Within sixty (60) days after the end of the thirty-six (36) month Lease Agreement for any reason, with or without cause.
(2)  After thirty (30) days written notice provided to Tenant for any reason, with or without cause, provided that the Landlord shall refund a portion of pre-paid rent to the Tenant in an amount equal to one hundred fifty-four and 31/100 (154.32) dollars per month for each month that remains on the unexpired original thirty-six (36) month term of the lease.  (For example, if the Landlord elects to terminate this lease as of December 1, 2010, then the Landlord shall refund twelve (12) months of pre-paid rent at the rate of one hundred fifty-four and 32/100 (154.32) dollars per month for a total refund in pre-paid lease payment of one thousand eight hundred fifty-one and 84/100 (1,851.84) dollars.

All improvements located on the Leased Premises on the date of the notice of termination shall remain the property of Landlord, except that Tenant shall have the right to remove, within sixty (60) days after the Termination Date, all of its fixtures, machinery, equipment, signs, and other distinctive features of Tenant related to Tenant’s operation.

CONSTRUCTION AND INSTALLATION:  (A) Tenant shall immediately construct a black chain link fence, without screening, around the perimeter of the Leased Premises in lieu of making any monthly rental payment during the thirty-six (36) month term of this lease.

(b) At the sole option of Tenant, Tenant may elect to resurface and stripe the Leased Premises at its sole expense.  The parties understand that the Tenant has no obligation to resurface or stripe the Leased Premises.

MAINTENANCE/TENANT’S WASTES:  Tenant shall not commit or suffer waste to be committed upon the Leased Premises.  Tenant shall, at its sole cost and expense, during the term of this Lease maintain and keep the Leased Premises, in a good, neat, safe and clean condition.

TAXES:  Landlord shall pay all real estate taxes and assessments, both general and  special, levied upon the Leased Premises.

REENTRY:  It is further agreed and understood and covenanted between the parties, that in the event of any breach of any covenant on the part of the Tenant to be performed and provided that if such breach is not remedied by the Tenant after reasonable notice in writing to the Landlord by the Tenant, the said Landlord may reenter and terminate such tenancy as set forth in paragraph 5B, above, the Landlord shall at all times be entitled to recover by all lawful means any and all damages sustained by the Landlord through the breach of any of the said covenants on the part of said Tenant to be performed,  It is further agreed, understood and covenanted that in the event of default of the payment of the rent hereby reserved or any part thereof, when and as the same may be due and payable, the Landlord, after giving ten (10) days notice to the Tenant, by registered mail, shall have the right to distrain from the same and by all lawful means recover same upon such distress, and in the Landlord’s discretion, the Tenant may be terminated and the Landlord may enter and take possession of said premises unless the rent shall have been paid.

INSURANCE:  (A) During the term of this lease, Landlord, at no cost or expense to Tenant, will keep and maintain the following type of insurance:

(B) During the term of this lease, Tenant, at no cost or expense to Landlord, will keep and maintain the following types of insurance:
(1) Information to be provided by Eric Wilmarth.

WARRANTY OF TITLE AND POSSESSION:  The Landlord covenants that the Landlord is the vested with legal title to the demised premises and has the right to make this lease, and that the Landlord will put Tenant in the complete and exclusive possession of the demised premises free from all orders and notice of violation.

HOLD AND ENJOY:  The Tenant on constructing the fencing as outlined in paragraph 7A above and conforming to the covenants herein contained shall and may peacefully and quietly have, enjoy and hold said leased premises for the term aforesaid.  It is further understood and agreed that the covenants and agreements contained in the foregoing lease are binding upon the parties hereto, and their respective heirs, executors, administrators, successors, legal representatives and assigns.  This lease embodies the entire contract of the parties, and shall not be altered, changed or modified in any respect whatsoever, except in writing, endorsed thereon, or attached hereto, duly executed by the parties hereto, or their duly authorized agents.

MODIFICATIONS:   No waiver, alterations or modifications of this Lease or any agreements in connection with this Lease shall be valid unless in writing duly executed by both Landlord and Tenant.

WAIVER:  The waiver by Landlord or Tenant of any provision contained herein shall not be construed as a waiver of that provision in any other instance nor shall any failure of the Landlord or Tenant to enforce rights or seek remedies upon any breach or default of this Lease by Landlord or Tenant prejudice or affect the rights or remedies of Landlord or Tenant in the event of any subsequent breach or default by Landlord or Tenant.

GOVERNING LAW:  This Lease shall be construed and governed in accordance with the laws of the State of Georgia.

SUCCESSORS AND ASSIGNS:  The provisions of this Lease shall be binding upon and inure to the benefit of Landlords, its successor and assigns, and Tenant, its successors and assigns.

IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate  originals, on the day and date first above written.

A Motion by Council Member Stoner, Seconded by Council Member Prettyman to enter into the above stated Lease Agreement between the Staurolite Minerals and Mines, LLC and the City of Ball Ground, Georgia.  Motion Approved 4 Yeas, 0 Nays, 1 Absent.

d) Consider Adoption of Resolution No. 2008-R09 Related to City’s Submittal of a
Recreational Trails Program Grant (RTP) Application.

Michael Chapman, City Planner presented Mayor and Council with a copy of the Georgia Recreational Trails Application for review.  Mr. Chapman is submitting the application to the Georgia Department of Natural Resources as a request for funding the construction of a Recreational Trail along the Valley Street Stream Buffer.

Council Member Holcomb put forth a motion, Seconded by Council Homiller to approve Resolution No. 2008-R09 as it is related to the submittal of the Recreational Trails Program Grant Application.  Motion Approved 4 Yeas, 0 Nays, 1 Absent.

State of Georgia
County of Cherokee
City of Ball Ground

Resolution No. 2008-R09

WHEREAS, the Georgia Department of Natural Resources has notified the City of Ball Ground and other general purpose governments that federal funds, managed by said state agency, are available to local governmental units under the Georgia Recreational Trails Program for the purpose of expanding the supply of said trains in the state; and

WHEREAS, the purpose of said grant shall be to develop a trail inside the City of Ball Ground, on city owned right-of-way of Valley Street and a stream buffer, beginning at Beck Street and extending south to Old Howell Bridge Road East; and

WHEREAS, The City of Ball Ground is committed to working cooperatively with the Georgia Department of Natural Resource to implement the Project in accordance with federal and state guidelines as defined by Recreation Trails Program staff of the Georgia Department of Natural Resources in such a manner as to assure that the Project is developed, operated and maintained as a community assed designed to benefit current and future residents of the City of Ball Ground; and

WHEREAS, the City of Ball Ground deems the Project to be in the best interest of the citizens of Ball Ground; and

NOW, THEREFORE, BE IT RESOLVED, that the Mayor of Ball Ground acting in his official capacity and in behalf of the Ball Ground City Council is hereby authorized to file an application with the Georgia Department of Natural Resources in order to obtain said Recreation Trails Program Grant in order to perform those activities specified within this resolution; and

BE IT FURTHER RESOLVED, that the City of Ball Ground shall be committed to the operation and maintenance of trailways and other facilities developed through the Grant resources herein specified as a part of its permanent park and recreation inventory; and

BE IT FURTHER RESOLVED, that the Mayor of Ball Ground is hereby authorized to execute any and all documents as may be required to accompany said application and to provide the Georgia Department of Natural Resources any and all support documents which is considered to be part of said application process.

Adopted this 13th day of November, 2008.

/s/ Mayor A. R. Roberts, II
/s/ Karen L. Jordan,
City Clerk

Item 8: City Administrator Report
Finance – A written report of all account balances for period ended October 31, 2008 was presented for Mayor and Council Members review. The report showed a total balance of all accounts of $466,902.15.

City Admin. Wilmarth thanked Donna and staff for hard work on the audit.

Mayor Roberts and Council Members were given a written report of the budget cuts that have already been enacted by the Executive Committee.  The General Fund Budget was reduced by $44,000.00.

Staff is currently drafting a number of policies and procedures for implementation because of GASB requirements.

Public Works – The City Well produced 3.9 million gallons of water for the month of October.  1.2 million was purchased from CCWSA.  The loss rate for the month was 22%.

The Federal Trade Commission, the federal bank regulatory agencies and the National Credit Union Administration have issued regulations known as the Red Flag Rules requiring financial institutions and creditors to develop and implement written identify theft prevention programs, as par of the Fair and Accurate Credit Transactions Act of 2003.  These programs were to be in place by November 1, 2008 and are to provide for the identification, detection, and response to patterns, practices, or specific activities-known as “red flags”- that could indicate identify theft.

A policy has been written and Members of Staff have completed the training requirements to implement the policies.

A software program has been purchased for the Water and Sewage Department that will assist in managing preventative maintenance, repair work and asset accountability.

Streetscape – The Georgia Department of Transportation has yet to approve change related to the Streetscape project therefore construction has slowed down.

Far from the topic, traditional server monitoring performed by systems administrators who watch the performance of key server processes to ensure the health of server deployment and who react to signs of servers that are starting to malfunction or get overwhelmed, they call it — monitoring software for servers. With so much at stake for businesses today, keeping their online presence working right and available to their users is a key performance component for every enterprise.

The change order if approved will allow the relocation of a storm drain system and the removal of one underground storage tank.  Also, included is the change order is the request to eliminate pre-wiring for a public address system.

SR 372 will be closed on Monday evening from 7:00 PM until midnight due to streetscape construction.

Roads and Streets – Repairs to Terrell St, Roy Haynes and Donna Drive are complete.

The Masterplan for a Sidewalk System is currently being drafted.  A number of city residents have expressed their desire to connect Calvin Farmer Park with the Downtown Area.  A working map is available for review in the City Administrators Office.

Planning and Zoning – The Department of Community Affairs has extended the City’s timeline for submitting a new Service Delivery Strategy.  It is hoped a final copy of the document will be presented for Mayor and Council approval at the December Council Meeting.

Public Safety – A written report of the department’s activity for the month ended October 31, 2008 was presented by Chief Davis.

The Department remains on a flex schedule due to a number of recent vandalisms in the downtown area.

The Department’s National Night held on October 2nd was a success.

Item 9: Mayor Roberts & City Council Comments
Mayor Roberts stated he was considering having a question and answer session at the end of the meeting. We would continue with appearances at the beginning of the meeting.

Council Members were encouraged to attend the GMA/CMA Meeting to be held on November 25 at Canton City Hall at 7:00 PM.

Mayor Roberts stated he received notice of the annual meeting with the local legislative delegation.  This meeting will be held on December 1, 2008 at the Old Canton High Auditorium.

Mayor Roberts stated it would be necessary to schedule a work session within the next two weeks at a time when all Member of Council can attend.   Topic of discussion will be the proposed location of a new school.

Council Member Prettyman commented he would like to address the issue of property that is not properly mowed and overgrown with weeds and debris within the City. If you are looking for a property investment expert, check out MBBW Property investments for more information.

Mayor Roberts asked Council Member Prettyman to subchair a committee to look into this matter.

Item 10:  Executive Session

Item 11:  Adjourn
There being no further business for Mayor and Council consideration a motion was duly made and seconded to adjourn at 8:15 PM.

The minutes of this November 13, 2008 Meeting of Council approved this 11th day of December, 2008.

____________________________ _____________________________
Mayor A. R. Roberts, III Council Member Frank Homiller

____________________________ _____________________________
Council Member John Byrd    Council Member Ashley Holcomb

____________________________ _____________________________
Council Member Lee Prettyman    Council Member Andrenia Stoner

Attest __________________________
City Clerk Karen L. Jordan

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