Sept. 13, 2007

Regular Meeting of the Mayor and City Council
City of Ball Ground, Georgia
Ball Ground Library ~ 7:00 PM

MINUTES
September 13, 2007

Item 1:    Meeting Called to Order     Mayor Pro Tem Frank Homiller
Item 2:     Pledge of Allegiance        Mayor Pro Tem Frank Homiller
Item 3:    Public Comments – Recognition of Guest
Mrs. Jackie Roland; 1075 Cherry Grove Road, voiced her opposition against the         annexations on tonight’s agenda.

Mrs. Heidi Pryor; 3936 Cherry Grove Road, voiced her opposition against the             annexations on tonight’s agenda.

Ms. Hazel Galloway; 175 Holcomb Road, voiced her opposition against the             Blankinship Annexation Petition.

Item 4:    Announcements/Informational Items/Project Updates
a)    Announcements
Cherokee County Parks and Recreation Department will sponsor “Movie Under             the Stars” Saturday, September 15, 2007 at Calvin Farmer Park

b)    Project Updates            City Manager
1. Downtown Streetscapes
All easements related to the Downtown Streetscape Project has been signed and recorded.  A representative from the Georgia Department of Transportation will review the documents before filing them with the Atlanta Office of GDOT.

2.  City Hall Project
Construction of the new city hall is on schedule and on budget.  The drywall and windows have been installed.

3.  Valley Street Project
A notice to proceed has been issued to Rindt McDuff for the engineering of the construction of Valley Street.

4.  Search for Second Well Site
A request for permission to drill the potential sites has been submitted to the Environmental Protection Division.  Contracts have been submitted to Mr. Dean Myers, owner of two of the potential well sites for his review.  The City is requesting permission from Mr. Myers to access his property for drilling.  Upon     approval from the EPD drilling will begin on the site owned by the City.

5.    Water Meter Change Out Program
The radio read water meter project is approximately 75% complete.  Water Bills were mailed out late due to conversion problems.  There are approximately 20 meters that have not been converted because of their location.

Item 5:    Approval of Minutes
a)        August 9, Regular Schedule Meeting
Council Member Stoner moved to approve the minutes of the August 9, 2007                 regular Scheduled Meeting as submitted in writing by the City Clerk.  Council                 Member Holcomb seconded the motion.  Motion Approved.  4 Yeas 0 Nays

b)        August 23, 2007 Special Called Meeting
Council Member Stoner moved to approve the minutes of the August 23, 2007             Special Called Meeting as submitted in writing by the City Clerk.  Council             Member Holcomb seconded the motion.  Motion Approved.  4 Yeas 0 Nays

c)        August 23, 2007 Work Session
Council Member Stoner moved to approve the minutes of the August 23, 2007             Work Session Meeting as submitted in writing by the City Clerk.  Council                 Member Holcomb seconded the motion.  Motion Approved.  4 Yeas 0 Nays

Item 6:  Old Business
Request Approval to secure funding to extend Valley Street beginning at Beck Street from the Cherokee County Development Authority

Finance Director Randy Westbrook reported on the two proposals he received concerning the funding of the Valley Street Project.  He stated Cherokee Bank submitted the proposal which would most benefit the City.  The term of the loan is as follows:
Loan Request (1)    $500,000.
Loan Request (2)    $600,000.

Term:            (1) One year with a one year option to renew.
(2) 10 years, or 15 years, or 20 years

Interest Rate:    The interest rate for Loan Request (1) is 7.40% fixed.
(No Prepayment Penalty)
The interest rate for each term for Loan Request (2) is based on a tax exempt loan and does not carry a prepayment penalty.
10 Years; 4.95%    15 Years:  5.10%    20 years:  5.25%

Loan Fee:        $250. For each loan

Closing Costs:        All closing costs associated with this loan(s) will                     be paid by the borrower.

Appraisal:    An appraisal of the real estate property mostly Luxury Apartments are being used to secure the loan must be obtained by the bank.

Item 7:    New Business
a)        Adopt 2007 Property Tax Millage Rate of 5.121 Mills
Council Member Holcomb moved to levy a tax Millage Rate of 5.121mills for             the 2007 tax year.  Council Member Prettyman seconded the motion.  Motion             Approved.  4 Yeas.  0 Nays.

b)     Approve opening new account at United Community Bank for the purpose of   depositing new water account deposit fees.
Council Member Holcomb moved to open a checking account at United                 Community Bank for the purpose of depositing new water account deposit fees.              Motion Approved.  4 Yeas.  0 Nays.

c)        Approve opening new account at United Community Bank for the purpose             of depositing funding of the water meter exchange project.
Council Member Holcomb moved to open a checking account at United                  Community Bank for the purpose of depositing funding of the radio read                 water meter exchange project.  Motion Approved.  4 Yeas  0 Nays

d)        Consider Intergovernmental Agreement with Cherokee County Board of             Commissioners to Establish a Joint City of Ball Ground/ Cherokee                 County Planer     Position.
City Manager Wilmarth stated he had met with Jeff Watkins, Executive Director             of the Cherokee Planning and Zoning Department to discuss entering into an             agreement for the purpose of hiring a joint City/County Planner.  The City’s cost             to fund the part time position would be $18,392.00 per year, an amount less               than what was approved for the position in the budget.  Creating a joint position,                this would allow the City the opportunity to hire a level entry planner, who              would work with more experienced planners and have open access to County              maps and other resources stated City Manager Wilmarth.

Council Members discussed the proposed agreement and felt it was in the best              interest of the City to consider this agreement.  Therefore Council Member              Holcomb moved to enter into a joint City/County Agreement for the purpose of               hiring a City/County Planner pending review of the agreement by the City               Attorney.  Council Member Byrd seconded the motion.
Motion Approved.  4 Yeas.  0 Nays.

e)        Consider Adoption of amendment to the City of Ball Ground Municipal             Code Title 7 to include Chapter 8, Titled Adult Entertainment
City Manager Wilmarth presented a proposed amendment to the City of Ball                Ground Municipal Code Title 7 “Licensing and Regulations” to include Chapter 8,           Titled “Adult Entertainment”.

Section 7-9-1. States the purpose of this article is to regulate certain types of               businesses including, but not limited to, adult entertainment establishments, to             the end that the many type of criminal activities frequently engendered by such              businesses will be curtailed.  However, it is recognized that such regulation             cannot de facto approach prohibition.  Otherwise, a protected form of expression             would vanish. As to adult dance establishments, this article represents a                 balancing of competing interest:  reduced criminal activity and protection of the             neighborhoods through the regulation of adult entertainment establishments             versus the protected rights of adult entertainments and patrons.

Council Member Prettyman moved to adopt the amendment to the City of Ball              Ground Municipal Code Title 7 “Licensing and Regulations” to include Chapter 8,          Titled “Adult Entertainment” as presented.  Council Member Holcomb seconded              the motion.  Motion Approved.  4 Yeas.  0 Nays.

f)        Consider Adoption of An Ordinance to Amend the Code of the City of Ball             Ground, Georgia,  To Amend Division 104, Establishment of     District             Standards and Permitted Uses of the Comprehensive Development                 Code of the City of Ball Ground; To Increase the Provision of Zoning             Districts; To Enhance the Flexibility of Zoning and Uses; To Provide for the             Public Health, Safety and Welfare of the City of Ball Ground, Georgia; To         Provide for Severability; To Repeal Conflicting Ordinances; To Provide an             Effective Date; and For Other Purposes.

City Manager Wilmarth presented an ordinance to amend to the City of Ball               Ground Municipal Code, Division 104; Establishment of District Standards and               Permitted Uses of the Comprehensive Development Code of the City of Ball               Ground.  The adoption of this amendment enables property to be annexed into               the City with the same zoning classification as it was in the County.

A motion by Council Member Holcomb to adopt the first reading of the                 amendment to the Code of the City of Ball Ground Division 104; Establishment of         District Standards and Permitted Uses of the Comprehensive Development Code         of the City of Ball Ground.  Council Member Byrd seconded the motion.
Motion Approved.  4 Yeas.  0 Nays.

g)        Annexation Petition No. 2007-A06 Milton O. Blankinship, Applicant.               The property consists of 15 acres & is located on Northridge Rd in Ball Ground, Georgia
30107. The property is described as all that tract or parcel of land lying and being Land
Lot 210 of the 3rd District, 2nd Section Cherokee County, Georgia and further described as
Cherokee County Tax Map 03N01, Parcel 081A. This property is presently zoned Light Industrial (LI) /Grandfathered Heavy Industrial.  No change in zoning is requested at this   time.

Mayor Pro Tem Homiller presented Annexation Petition NO. 2007-A06 for Council consideration.

On behalf of Mayor Roberts, City Manager Wilmarth stated that Mayor Roberts would like his opposition to the petition stated for the record.

Council Member Holcomb asked City Attorney Caudill to comment on the matter.

Council Members discussed concern of the petition because the owner of the property is currently engaged in litigation with the Cherokee County Board of Commissioners.

City Attorney Caudill told Council that they could approve the first reading of the petition and table the second reading until the matter was settled.

Following further discussion a motion was made by Council Member Holcomb, seconded by Council Member Stoner to approve the first reading of Annexation Petition No.  2007-A06 as presented.
Motion Approved.  3 Yeas Council Member Prettyman voted in opposition.

h)        Annexation Petition No. 2007-A07 Applicant, Deborah McKinney & Mattie L. Price,      Administrators of the Holbert Estate.  The property consists of 15 acres and is located at 170 Roberts Lake Dr.  The property is described as all that tract or parcel of land lying and being Land Lots 140 and 149 of the 3rd District, 2nd Section of Cherokee County, Georgia and further described as Cherokee County, Georgia and further described as Cherokee Co. Tax Map 03N07, Parcel 49.  The property is presently zoned R-80.  No change in zoning is requested at this time.

Mayor Pro Tem Homiller presented Annexation Petition No. 2007-A07 for Council consideration.

Council Member Holcomb moved to approve the first reading of Annexation Petition 2007-A07 as presented.  Council Member Prettyman seconded the motion.  Motion Approved.  4 Yeas.  0 Nays.

i)    Annexation Petition No. 2007-A08 Emerald Land & Development, LLC, Applicant The property consists of 39 acres and is located at 698 Howell Bridge Road.  The property is described as all that tract or parcel of land  lying and being in Land Lots 140 and 149 of the 3rd District, 2nd Section of Cherokee County, Georgia, and further described as Cherokee Co. Tax Map   03N01, Parcel 051.  The property is presently zoned R-80.  No change in zoning is requested at this time.

Mayor Pro Tem Homiller presented Annexation Petition No. 2007-A08 for Council          consideration.

Council Member Holcomb moved to approve the first reading of Annexation Petition 2007-A08 as presented.  Council Member Stoner seconded the motion.
Motion Approved.  4 Yeas.  0 Nays.

j)    Annexation Petition No. 2007-A09 Applicant, Charlie Ross, Watkins & Ross Family, LLC…   The property consists of 1.697 acres & is located at 611 Sharp Mt. Church Lane.  The property is described as that entire tract or parcel of land lying being Land Lots 211, 212, 149, 213 & 221 of the 3rd District, 2nd Section of  Cherokee County, Georgia and further described as Cherokee Co. Tax Map 03N01, Parcel 048. This property is presently zoned AG. No change in zoning is requested at this time. Mayor Pro Tem Homiller presented Annexation Petition No. 2007-A09 for Council consideration.

Council Member Holcomb moved to approve the first reading of Annexation Petition 2007-A09 as presented.  Council Member Byrd seconded the motion.
Motion Approved.  4 Yeas.  0 Nays.

k)    Annexation Petition No. 2007-A010 Applicant, Real Property Investments, LLC.                       The property consists of 26.73 acres & is located at 321 Ball Ground Hwy.      The property is described as that tract or parcel of land lying and being     Land Lots 212, 213, 220, & 221 of the 3rd District, 2nd Section of Cherokee County, Georgia and further described as Cherokee Co. Tax Map No. 03N02, Parcel 027.  This property is presently zoned LI. No change in zoning is requested at this time.

Mayor Pro Tem Homiller presented Annexation Petition No. 2007-A010 for Council   consideration.

Council Member Holcomb moved to approve the first reading of Annexation Petition 2007-A010 as presented.  Council Member Prettyman seconded the motion.
Motion Approved.  4 Yeas.  0 Nays.

l)    Annexation Petition No. 2007-A011 Applicant, Real Property Investments, LLC.
The property consists of 2.12 acres & is located at 321 Ball Ground Highway.  The property is described as that tract or parcel of land lying and being in Land Lot 221 3rd District, 2nd Section Cherokee County, Georgia and further described as Cherokee Co. Tax Map No. 03N02, Parcel 027A.  This property is presently zoned AG.  No change in zoning is requested at this time.

Mayor Pro Tem Homiller presented Annexation Petition No. 2007-A011 for Council consideration.

Council Member Prettyman moved to approve the first reading of Annexation Petition 2007-A011as presented.  Council Member Holcomb seconded the motion.
Motion Approved.  4 Yeas.  0 Nays.

m)    Annexation Petition No. 2007-A012 Applicant, A & B Property Re-Development, LLC, Applicant.  The property consists of 17.04 acres & is located on Sharp Mountain Church Lane. Mountain Church Lane.  The property is described as that tract or parcel of land lying and being Land Lot 220, 221, 284 & 285 of the 3rd District, 2nd Section of Cherokee County, Georgia and further described as Cherokee Co. Tax Map 03N02, Parcel 026A. This property is presently zoned AG. No change in zoning is requested at this time.

Mayor Pro Tem Homiller presented Annexation Petition No. 2007-A012 for Council consideration.

Council Member Prettyman moved to approve the first reading of Annexation Petition 2007-A012 as presented.  Council Member Holcomb seconded the motion.   Motion Approved.  4 Yeas.  0 Nays.

n)    Annexation Petition No. 2007-A013 Applicant, L. Austin & Beatrice Flint.   The property consists of 50.84 acres & is located on the Northwesterly side of Ball Ground Hwy., North of Sharp Mt, Creek.  The property is described as that tract or parcel of land lying and being Land Lot 219, 220, 284 & 285 of the 3rd District, 2nd Section of Cherokee County, Georgia and further described as Cherokee Co. Tax Map 03N02, Parcel 021A. This property is presently zoned AG. No change in zoning is requested at this time.

Mayor Pro Tem Homiller presented Annexation Petition No, 2007-A013 for Council consideration.

Council Member Holcomb moved to approve the first reading of Annexation Petition 2007-A013 as presented.  Council Member Byrd seconded the motion.  Motion Approved.  4 Yeas.  0 Nays.

o)    Annexation Petition No. 2007-A014 Applicant, L. Austin Flint.   The property consists of 52.35 acres & is located on the Northwesterly side of Interstate Hwy. 575, North of Sharp Mt, Creek.  The property is described as that tract or parcel of land lying and being Land Lot 213, 218, 219, 220, 286 & 287 of the 3rd District, 2nd Section of Cherokee County, Georgia and further described as Cherokee Co. Tax Map 03N02, Parcel 021. This property is presently zoned AG. No change in zoning is requested at this time.

Mayor Pro Tem Homiller presented Annexation Petition No. 2007-A014 for Council consideration.

Council Member Holcomb moved to approve the first reading of Annexation Petition 2007-A014 as presented.  Council Member Prettyman seconded the motion.  Motion Approved.  4 Yeas.  0 Nays.

p)    Annexation Petition No. 2007-A015 Applicant, Dale Turner, Cherry Grove Properties, LLC.  The property consists of 1011.47 acres & is located on the Northwesterly side of Cherry Grove Rd.  The property is described as that tract or parcel of land lying and being in Land Lots 257, 258, 277, 278, 279, 295, 296, 313, 314, 315, & 333 the 4th  District, 2nd Section of Cherokee County, Georgia and further described as Cherokee Co. Tax Map No. 04N05, Parcel 033B & Tax Map 04N06, Parcel No 001A. This property is presently zoned AG. No change in zoning is requested at this time.

Mayor Pro Tem Homiller presented Annexation Petition No. 2007-A015 for Council consideration.

Council Member Holcomb moved to approve the first reading of Annexation Petition 2007-A015 as presented.

Following the motion by Council Member Holcomb, City Manager Wilmarth spoke on behalf of Mayor Roberts.  He stated it is the recommendation of Mayor Roberts, should Council approve the first reading of this annexation petition, the second reading be tabled until a Growth Boundary Agreement could be agreed upon between the City and Cherokee County Board Commissioner.

Mayor Pro Tem Homiller stated a year ago a meeting was requested with the Cherokee County Board Commissioner to discuss an agreement.

City Manager Wilmarth stated the Board of Commissioner had no interest to renew the agreement until the number of annexation petitions increased.

Council Member Prettyman seconded the motion made by Council Member Holcomb.  Motion approved.  3 Yeas   1 Nays

q)    Annexation Petition No. 2007-A016 from Gary R. Burrows. The property consists of 90.42 acres & is located on the Northwesterly side of Cherry Grove Rd. adjacent to the Cherry Grove Properties, LLC.  The property is described as that tract or parcel of land lying and being in Land Lot 295 of the 4th District, 2nd Section of Cherokee County, Georgia and further described as Cherokee Co.     Tax Map 04N06, Parcel 003. This property is presently zoned AG. No change in zoning is requested at this time.

Mayor Pro Tem Homiller presented Annexation Petition No. 2007-A016 for Council consideration.

Council Member Holcomb moved to approve the first reading of Annexation Petition 2007-A016 as presented.  Council Member Byrd seconded the motion.  Motion Approved.  3Yeas.  1Nays.

City Manager Wilmarth stated for the record, this annexation petition is contingent upon the final adoption of Annexation Petition 2007-A015.

r)    Annexation Petition No. 2007-A017 from James Anthony Howell.   The property consists of  11.04 acres & is located at 862 Howell Bridge Rd.  The property is described as that tract or parcel of land lying and being in Land Lot     141 of the 3rd District, 2nd Section of Cherokee County, Georgia and further described as Cherokee Co. Tax Map 03N01 Parcel 044. This property is presently zoned AG. No change in zoning is requested at this time.

Mayor Pro Tem Homiller presented Annexation Petition No. 2007-A017 for Council consideration.

Council Member Holcomb moved to approve the first reading of Annexation Petition 2007-A017 as presented.  Council Member Prettyman seconded the motion.  Motion Approved.  4 Yeas.  0 Nays.

Item 8: City Manager Comments

Water & Sewer Dept. The water department produced 4,967,000 gallons of water, purchased 2,866,000 gallons and billed 5,949,000 which results in a 24% water loss for the month of August. A number of leaks during the month attributed to the loss.  The average daily flow of sewage was approximately 34,000 gallons per day.

A grant application has been submitted to Department of Community Affairs for the purchase of a back up power generator to be placed at the well house.

A letter of request has been sent to Cherokee County Water and Sewage Authority for permission to attach either an 8″ or 12″ water line to the Sharp Mountain Creek Bridge.  Should the request approved, we will then solicit bids to connect our water system with the Cherokee County Water and Sewage Department line at East Cherokee Drive.  Should water not be found at the proposed well sites this would then serve as an alternate water source.

The City has received notice from the Georgia DPD that we are in violation of our water withdrawal permit for failure to submit semi-annual groundwater usage reports.  The reports will now be filed monthly with the Cartersville Office and every six months copies will be mailed to the Atlanta office.

Roads & Streets Dept. – Mound Street, Old Canton Road and Old Dawsonville Road has been submitted for paving under the Georgia Department of Transportation 2008 Local Assistance Road Paving Program.  The DOT will respond at a later date with their selection.

A grant application has been submitted to the Department of Community Affairs in the amount of $17,000.00 to construct a sidewalk along Mound Street.

Notice from the Georgia Department of Transportation stating the north bound passing lane beginning at Commerce Lane will be converted to a center turn lane.

Public Safety – Chief Davis presented a written report of the Department’s activity for the month of August for Mayor and Council review.

Administration and Finance – The accounting firm of Mauldin and Jenkins has completed the field work for the annual audit for period ended June 30, 2007.  Finance Director Randy Westbrook was commended for his the excellent job he did in preparing for the audit.

Finance Director Westbrook expressed his desire to obtain the Certificate of Achievement in Financial Reporting (CAFR) upon completion of the audit.  He stated the next several weeks would be spent compiling data for the report.

A report of account balances, statement of revenue and expenditures for the period ending August 31, 2007 was presented by Finance Director Randy Westbrook for council review.   Cash on deposit as of August 31, 2007 totaled $1,006,554.54.

Barbara St. Peter is the newest addition to the City Hall Staff.  Barbara will be working 3 days per week.

Item 9: Mayor & City Council Comments

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 8:30 PM.

The Minutes of this September 13, 2007 Council Meeting approved this 11th Day of October, 2007.

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

__________________________            ___________________________
Council Member Byrd                    Council Member Holcomb

__________________________            ___________________________
Council Member Prettyman                Council Member Stoner

Attest __________________________
City Clerk Karen L. Jordan

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