Sept. 11, 2008

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

MINUTES
September 11, 2008

Item 1:  Meeting Called to Order 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; Donna England,             Finance Director;  Michael Chapman, Planner and Eric Wilmarth, City            Manager & Karen Jordan, City Clerk

Item 2:  Pledge of Allegiance led by Mayor Roberts

Item 3:  Public Comments – Appearances
a) Presentation of Proclamation to Volunteer Fire Department in honor of Firefighters         Appreciation Week
Mayor Roberts presented a proclamation to Fire Chief Roberts Dobbs and members of his     department proclaiming September 14-21 as National Firefighters Week in the City of Ball     Ground.

Diane Minick, Watershed Director of the Upper Etowah River Alliance appeared before     Mayor and Council to restate her request to locate the office of the Upper Etowah River     Alliance to the location of the old City Hall building located at 301 Gilmer Ferry Rd.

Mayor Roberts thanked Ms. Minick for interest and replied that Council would take her     request into consideration when making a decision.

Council Member Frank Homiller, representing the Downtown Development Authority     addressed council expressing the DDA’s desire to take possession of the old City Hall     Building.  Council Member Homiller asked the Mayor and Council to consider transferring the     ownership of the old City Hall Building to the DDA.  The DDA proposed they would provide     funding to remodel the building and to manage the leasing of the building.

Item 4: Announcements/Informational Items
City Adm. Wilmarth made the following announcements:

  • Dedication of City Hall will be held on Saturday, September 27, 2008
  • The Police Department will hold their annual National Night Out on Tuesday, October 7, 2008 between the hours of 6:00 PM and 8:00 PM
  • Mauldin and Jenkins, LLC will being the annual audit of the City’s financial records for period ended June 30, 2008.

City Adm. Wilmarth reported on an email he received from the Georgia Department of Transportation.  The email was in response to our request to transfer the funds from the most recent TEE Grant of $200,000.00 into the Downtown Streetscape Project #0006-00(584). Mayor and Council was asked to consider Supplemental Agreement No. 1 outlined below, which would amend the Original Contract signed on May 1, 2008 to include an additional  $200,000.00  Tee Grant.

The contract reflects the estimated cost of the project is $1,150,000.00.  The Georgia Department of Transportation will be responsible for 80% ($920,000.00) of the total cost of the project not to exceed the federal contribution.

The City of Ball Ground would be responsible for all cost exceeding GDOT’S contribution but shall contribute a minimum of 20% of the cost of the project which equals $230,000.00.

The total federal contribution for this Project is $920,000.00 and is the maximum amount of the Department’s obligation.  The City of Ball Ground shall be solely responsible for any and all amounts in excess of the maximum amount of GDOT’S obligation.

A proposed budget of the project outlining the revenues and expenditures was presented to Mayor and Council for consideration by City Adm. Wilmarth.

Council Member Homiller put forth a motion, seconded by Council Member Prettyman to     empower Mayor Roberts to sign any and all documents related to the Downtown Streetscape     Project # TEE 0006-00(584) including but not limited to Supplemental Agreement No. 1 and     to adopt the proposed budget as submitted in writing by the City Administrator.
Motion Approved 5 Yeas  0 Nays.

Ball Ground Police Sergeant Coy Turner addressed Mayor and Council concerning the     upcoming 4th Annual National Night Out.  Sgt. Turner stated the event would be held on     October 2, 2008 between the hours of 6:00 – 8:00 PM in Calvin Farmer Park.  The event is     free and everyone is invited to attend.

Mayor Roberts commended Sgt. Turner in his efforts to coordinate this event and also for his     involvement in a drug bust that occurred in Marietta, Georgia.  Mayor Roberts stated Sgt.     Turner forwarded information from a traffic stop he made within the City to the Marietta Police     Department which helped them make the arrest.

Item 5:  Approve Minutes
a)    August 14, 2008
Council Member Holcomb put forth a motion, seconded by Council Member Stoner to approve the minutes of the August 14, 2008 meeting as submitted in writing by the City Clerk.
Motion Approved 5 Yeas  0 Nays.

Item 6:  Old Business
a)    Affirm Call for Special Election
Mayor Roberts asked Council to confirm the Call of the November 4, 2008 Special Election that was passed by Council at the August 14, 2008 meeting.

Council Member Stoner put forth a motion, seconded by Council Member Byrd to confirm the Call of a Special Election to be held on November 4, 2008 at which time    the voters will vote the following question:
Yes (  ) Shall the governing authority of the City of Ball Ground, Georgia be authorized to
No   (  )    issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to     be for consumption only on the premises?
Motion Approved  5 Yeas  0 Nays.

Mayor Roberts asked Council to consider adding to the ballot the question:  Shall the governing authority of the City of Ball Ground, Georgia be authorized to permit and regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink?

Following Council discussion, Council Member Stoner put for the a motion, seconded by Council Member Holcomb to add the following question to the November 4, 2008 ballot: Shall the governing authority of the City of Ball Ground, Georgia be authorized to permit and regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink?
Motion Approved 5 Yeas  0 Nays.

b)    Adopt Millage Rate for 2008 Property Tax
Mayor Roberts reported that the Executive Committee proposed a Millage rate of 5.121 mills for the year of 2008.

City Adm. Wilmarth also after careful review of the budget recommended Mayor and Council adopts a Millage rate of 5.121 with a tax levy date of November 1, 2008 and due date of December 31, 2008.  This is actually a tax decrease of .39% stated City Adm. Wilmarth.

Council Member Holcomb put forth a motion, seconded by Council Member Prettyman to set 5.121 mills for the 2008 year with a levy date of November 1, 2008 and due date of December 31, 2008.
Motion Approved  5 Yeas  0 Nays.

Item 7:  New Business
a)    Consider Adoption of Resolution No. 2008-R08 as related to Gateway Grant Application
City Adm. Wilmarth presented Resolution No. 2008-R08 for Mayor and Council consideration.

Council Member Byrd put forth a motion, seconded by Council Member Prettyman to approve Resolution No. 2008-R08 as follows:
Motion Approved 5 Yeas  0 Nays.

CITY OF BALL GROUND
STATE OF GEORGIA

RESOLUTION NO. 2008-R08

A RESOLUTION OF THE City Council of Ball Ground, Georgia. AUTHORIZING the City Planner TO APPLY FOR AND ACCEPT A GATEway GRANT. UPON AWARD OF THE GRANT, the City of Ball Ground, Georgia SHALL ENTER INTO A MOWING AND MAINTENANCE AGREEMENT WITH THE GEORGIA DEPARTMENT OF TRANSPORTATION.

WHEREAS, many roadside areas and median strips within Department of Transportation rights of way must be maintained and attractively landscaped; and

WHEREAS, the City Council of Ball Ground, Georgia improve various rights of way by landscaping within the City; and

WHEREAS, the City Council wishes to authorize the City Planner to apply for a GATEway Grant from the Georgia Department of Transportation, and if awarded, to enter into a Mowing and Maintenance Agreement between the City of Ball Ground, Georgia and the Georgia Department of Transportation.

NOW THEREFORE, BE IT RESOLVED by the City Council of Ball Ground, Georgia

Section 1. The City Council of Ball Ground, Georgia authorizes the city planner to apply for a GATEway Grant. Upon award of the grant, the City of Ball Ground, Georgia shall enter into a Mowing and Maintenance Agreement between the City of Ball Ground, Georgia and the Georgia Department of Transportation.
Section 2. The City Clerk of Ball Ground, Georgia is hereby directed to send copies of this Resolution to the Department of Transportation and all other persons as directed by the City Council.
APPROVED AND ADOPTED by the City Council of Ball Ground, Georgia at the regular meeting assembled this 11th  day of September, 2008.
/s/ Mayor A. R. Roberts, III                 Attest: /s/ Karen L. Jordan
Mayor A. R. Roberts, III                    Karen L. Jordan, City Clerk
(City Seal)

APPROVED AS TO FORM: /s/ Darrell Caudil
CITY ATTORNEY
SPONSORED BY: City Council of Ball Ground, Georgia.

b)    Consider joint City/County Participation in Community Development Block Grant Program
City Adm. Wilmarth presented for Mayor and Council consideration a Cooperation Agreement proposed by Cherokee County to participate in the Entitlement Community Development Block Grant (CDBG) funds under Title 1 of the Housing and Community Development Act of 1974.  The agreement further states that the Grant would address certain needs of predominantly low and moderate income persons with CDBG funds [and any program income derived from the expenditure of CDBG funds] to be made available during the period beginning with Federal Fiscal Year [hereinafter referred to as “FFY”] 2009 and continuing in place and in full effect until such time in the future as the City shall elect to exclude itself, in accordance with HUD instructions and schedules.  The County agrees to provide written notice to the City of its rights of future exclusion from the County CDBG Program for each successive three year qualification period, in compliance with HUD-required notification dates.  The agreement would automatically renew unless the City elected to exclude itself from the agreement as described in the Agreement.

City Adm. Wilmarth stated that should Council accept the Agreement, the County would then agree to make CDBG funds available for eligible projects within the City based on a an assessment of needs and priorities with the County and the City, the availability of CDBG funds each year, and consideration of the share of the City’s population within Cherokee County.  It is estimated that the City would receive approximately $50,000.00 for improvements to the Community Center because of its shared use with the Cherokee County Senior Center stated City Adm. Wilmarth.

Mayor and Council discussed some concerns of the Agreement with City Attorney Caudill.
Following the discussion a motion was made by Council Member Byrd, seconded by Council Member Homiller to enter into the Cooperation Agreement.
Motion Approved 5 yeas  0 Nays.

Item 8:  City Managers Report
Finance – City Adm. Wilmarth presented a statement of revenue and expenditures for period     ended     August 31, 2008. General fund showed a balance of cash on hand totaling     $136,533.41, SPLOST a cash balance of $249,000.00, Water, Sewer and Sanitation a cash     balance of $83,752.00.

Staff continues to explore ways to reduce spending as cash usually begins to decline in     September.  In October we will begin to see revenue increase because of the receipt of our     insurance premium tax explained City Adm. Wilmarth.

Public Works – City Adm. Wilmarth reported that he will ask Council to consider an increase     to our water rates at the October meeting.  There has not been an increase in our water in     the past four years and sewage rates have never been increased although operating cost     has continued to increase stated City Adm. Wilmarth.

City Adm. Wilmarth stated contract negations with Waste Management have begun.  Our     current contract which will terminate in February, 2009 contains a clause whereby the City    can choose to extend for an additional one year if we are pleased with the level of service     and terms.   A recommendation will be forth coming for Mayor and Council consideration at     the October meeting.

Public Safety – Chief Davis presented a monthly report of the Police Department’s activity     for month ended August 31, 2008.  The report showed an increase in teen misbehavior.  The     incidents appear to be isolated to a couple of teens and not widespread.

Mayor and Council was given a copy of the newspaper article which highlighted the     contribution made by Sgt. Coy Turner to the arrest of 5 suspects in a Cobb County     methamphetamine drug ring.  Mayor and Council commended Sgt. Turner for his work.

Item 9:  Mayor Roberts & City Council Comments
Mayor Roberts commented on the City’s upcoming 125th Celebration to be held on Saturday,     September 27, 2008.

Council Member Prettyman on behalf of the Ball Ground Lions Club, requested permission      for the Club to alter the City’s Police Department Patch and to  sell the patches as a fund     raiser.  The altered patch would not display the wording Ball Ground Police Department.

Council Member Stoner put forth a motion, seconded by Council Member Holcomb to     approve the Ball Ground Lions Club selling of the Police Department Patch as a fund raiser.
Motion approved 5 Yeas  0 Nays.

Item 10:   Executive Session (If Needed)

Item 11:  Adjourn
There being no further business for Mayor and Council consideration a motion was duly     made and seconded to adjourn at 8:25 PM.

The minutes of this September 11, 2008 Meeting of Council approved this 9th day of     October, 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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