Minutes-September 14, 2017

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

MINUTES
September 14, 2017

Item 1: Meeting Called to Order to order by Mayor Rick Roberts.
Council Members Present: John Byrd, Frank Homiller and Andrenia Stoner
Council Members Absent: Mickey O’Malley and Lee Prettyman
Staff Present: Donna England, Michael Chapman, Darrell Caudill, Eric Wilmarth and Karen Jordan

Item 2: Pledge of Allegiance

Item 3: Appearances – None

Item 4: Announcements/Informational Items/Project Updates – City Manager
September 23, 2017 – Movie in the Park
October 28, 2017 – Annual Spooktacular Event

Item 5: Consider Approval of August 10, 2017 Council Meeting Minutes
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve the minutes of the August 10, 2017 Council Meeting as submitted in writing by the City Clerk.
Motion Unanimously Approved

Item 6: Old Business
a) Consider Second Reading of Application for New Alcohol License
Applicant: Locally Yours, LLC located at 245 Gilmer Ferry Rd.
Council Member Homiller put forth a motion, Seconded by Council Member Byrd to approve the application for an alcohol license for 245 Gilmer Ferry Road.
Motion Unanimously Approved

b) Consider Second Reading of Annexation Petition
Applicant: Randall C. Carter & Cynthia S. Carter
475 Old Howell Bridge Rd.
Presently Zoned: Light Industrial Applicant is not seeking to rezone
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve the second reading of an application for annexation submitted by Randall C. Carter and Cynthia Carter.

To annex property in the City of Ball Ground, Georgia, pursuant to Chapter 36 of Title 36 of the Official Code of Georgia Annotated (O.C.G.A.); to provide an effective date of said annexation and zoning and for other purposes.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BALL GROUND:

The following area contiguous to the City of Ball Ground, Georgia is hereby annexed and zoned into and is made part of said City:

Section 1
4.83 +/- acres, identified as parcel 072 tax map 03N01, Parcel Identification Number 03-0067-0001, Land Lot 0067 of the 3rd District of Cherokee County, located on Old Howell Bridge Road.

Section 2
Upon annexation, this tract shall be zoned LI, Light Industrial.

Section 3
This ordinance shall become effective on the 1st day of October, 2017.

Section 4
The City Clerk of the City of Ball Ground is hereby directed to notify the Georgia Department of Community Affairs within thirty (30) days after the effective date of the annexation as set forth in section 3 above. The City Planner of the City of Ball Ground is hereby directed to make any necessary changes to the official City of Ball Ground Zoning and Boundary map.

All ordinance and parts of ordinances in conflict with his ordinance are hereby repealed.

Approved this 14th day of September 2017 by the Mayor and City Council of the City of Ball Ground, Georgia.

CITY OF BALL GROUND


c) Consider Second Reading An Ordinance As Related to Code Section 103.3 (Rain Sensor Shut Off)
Council Member Stoner put forth a motion, Seconded by Council MemberCouncil Member Homiller that The Code of The City of Ball Ground, Georgia is hereby amended by adding to the following section Subpart B Titled Land Development; Chapter 103 Titled Buildings and Building Regulation; Article 1. In General; Section 103.3 Rain Sensor Shut Off Required: All irrigation systems installed within the City of Ball Ground Water Service Delivery Area and within the Corporate City Limits must be equipped with a rain sensor shut off.
Motion Unanimously Approved

d) Consider Second Reading of An Ordinance – Water Meters
Council Member Byrd put forth a motion, Seconded by Council Member Stoner to that The Code of The City of Ball Ground, Georgia is hereby amended by adding to the following section Chapter 28 Division 2. Titled Rules and Regulations: Water Meters:

(a) All connections to the City of Ball Ground Municipal Water System must be metered.

(b) The city reserves the right to meter any existing unmetered connection, and to charge the standing prices to install the meter.
(c) Users with meters must have their entire water supply to the premises on which they are set, metered, and they will be charged for all water that passes through the meter, whether used or wasted.

(d) All master meters installed in the system must be sub-metered by the owner at the point of use for each individual commercial/industrial space or business.

(e) Every individual dwelling or unit in a multi-family structure will be individually metered.

(f) Connections to a drive-thru car wash will not be established unless the car wash is equipped for water recycle.

(g) All water meters will be set on public right of way. The city reserves the right to relocate any existing meter on private property to the public right of way.
Motion Unanimously Approved.

e) Consider Second Reading of An Ordinance – Water Waste Management
Council Member Byrd put forth a motion, Seconded by Council Member Stoner to that The Code of The City of Ball Ground, Georgia is hereby amended by adding the following section as related to Water Waste Management.
Motion Unanimously Approved

WATER WASTE MANAGEMENT

Waste of water; prohibitions.

(a) The following uses are a waste or unreasonable use or method of use of water and are prohibited:

(1) Allowing water to escape from any premises onto public right-of-way, such as streets and sidewalks, or upon any other person’s property;
(2) Operating an irrigation system or other lawn or landscaping watering device during rain;

(3) Operating an irrigation system or other lawn or landscaping watering device that has any broken or missing sprinkler heads;

(4) Failing to repair a controllable leak, including a broken sprinkler head, or a leaking valve, or a leaking outdoor faucet, or a service line leak, or any other visible outside water leaks, on premises owned, leased, or managed by that person, within thirty (30) days;

(5) Washing any vehicle with a hose and not having a water shut-off nozzle or allowing water to run continuously from a hose while washing any vehicle is also prohibited.

Exemptions.
(a) The restrictions in section (Waste of Water; prohibitions) do not apply to the following authorized uses:

(1) Flow resulting from firefighting or routine inspection of fire hydrants or from fire training activities;
(2) Water applied as a dust control measure, as required by erosion and sedimentation rules;

(3) Water applied to abate spills of flammable or otherwise hazardous materials, where water is the appropriate methodology;

(4) Water applied to prevent or abate health, safety, or accident hazards when alternate methods are not available;

(5) Water used for construction or maintenance activities where the application of water is appropriate methodology and where no other practical alternative exists;

(6) Water used for power washing hard surfaces to alleviate safety or sanitary hazards, unless prohibited by drought restrictions;

(7) Mobile car washes when approved or a special use permit is obtained from the local authority;

(8) Emptying of swimming pools for maintenance when proper local rules are followed.

Penalties for violations.

(a) Water wasting includes water waste by any classifications of user;

(b) Whenever the director of public works, city manager or mayor determines that there is a waste of water in or about premises to which water is supplied from the city, either by willful waste or by means of a leak in any water pipe or fixture located in or upon the premises, said waste may cause the water to be cut off.

(c) Any person found guilty of violating any provision of this article shall be punished as provided in section 1-8 of this Code;

(d) In addition to the penalty provided for the violation of this article, the city may maintain an action or proceeding in any court of competent jurisdiction to compel compliance with or restrain any violation of this article.

Item 7: New Business
a) Consider Amendment to Valley Overlay District
City Manager Wilmarth stated the Valey District Map amended at the March 9, 2017 Council Meeting to include the original City boundaries to the north and entire parcels, rather than just following the original one half mile radius from the old city hall located at 301 Gilmer Ferry Road failed to identify the area of Grogan Street, Dixie and Billy Lane. City Manager Wilmarth asked Council Members to approve the amendment to the map to identify the properties in the area identified.

Council Member Byrd put forth a motion, Seconded by Council Stoner to identify the areas of Grogan Street, Dixie and Billy Lane on the City of Ball Ground Valley Streete Overlay Map. (See Map Below)
Motion Unanimously Approved.

b) Consider RESOLUTION 2017 – R03 – Removal of Portions of State Route 372 From the State Highway System
Mayor Roberts stated the resolution below is to reinforce efforts to remove portions of SR 372 from the Georgia Department Of Transportation System.

City Manager Wilmarth stated the Downtown Development Authority at a recent meeting voted unanimously to support the Council in this endeavor.

Council Member Byrd put forth a motion, Seconded by Council Member Homiller to adopt the Resolution below.
Motion Unanimously Approved,

CITY OF BALL GROUND

RESOLUTION 2017 – R03

CONCERNING REMOVAL OF PORTIONS OF STATE ROUTE 372
FROM THE STATE HIGHWAY SYSTEM

WHEREAS, Gilmer Ferry Road in Downtown Ball Ground was designed and constructed as a City Street; and

WHEREAS, The State of Georgia took control of Gilmer Ferry Road in 1973 and converted the roadway for use as State Route 372; and

WHEREAS, the road was not designed or built to accommodate high volume vehicle traffic and heavy loads; and,

WHEREAS, the asphalt condition of SR 372 continues to deteriorate through the Gilmer Ferry corridor due to excessive weight and vehicle traffic; and,

WHEREAS, the City of Ball Ground downtown businesses are suffering from road conditions such as excessive truck traffic, and noxious odors from agricultural truck traffic; and,

WHEREAS, The Georgia Department of Transportation is willing to remove State Route 372 beginning at intersection of State Route 369 and extending to intersection of State Route Business 5 and return these sections of roadway back to Cherokee County and the City of Ball Ground for maintenance and traffic control; and

WHEREAS, The Georgia Department of Transportation has agreed to bring this section of roadway to The Georgia Department of Transportation standard prior to turning over to Cherokee County and the City of Ball Ground for maintenance.

NOW THEREFORE, Be it Resolved by the Mayor and City Council on this 14th day of September 2017 that the City of Ball Ground is fully supportive of this proposal and is officially requesting that the Cherokee County Board of Commissioners endorse and support this concept to remove excessive truck traffic from downtown Ball Ground as soon as possible.

c) Consider Special Events Policy and Procedure
City Manager Wilmarth stated that as we are contacted by various organizations, etc to conduct special events in our City it is important to have a policy that addresses certain issues associated with special events. The document stated below does just that. City Manager stated the document was sent to council members earlier for their review and consideration at tonight’s meeting.

Council Member Homiller put forth a motion, Seconded by Council Member Stoner to approve the Special Events Policy and Procedure as submitted.
Motion Unanimously Approved

SPECIAL EVENTS
POLICY AND PROCEDURES
The following is an informational guide of our policy and procedures provided by the City of Ball Ground. Special Events provide opportunities to promote community welfare and quality of life thus contributing to the economy of the City of Ball Ground; conditions and restrictions under the Special Event Permit are intended to protect the community and general public health, safety and welfare.
This policy is intended to work in cooperation with all other applicable rules, regulations, laws and ordinances of the City of Ball Ground.

Definition of Special Event
A special event is any activity sponsored by an organization or individual for profit or non-profit and held on public property or private and shall include but not be limited to block parties, trade shows, festivals, fairs, fun runs, roadway foot races, fundraising walk, auction, bikeathons, parades, carnivals, filming/movie events, concerts, motorcycle rides, and which event is to be held:
1) Wholly or partially on property owned or maintained by the City
2) On a street or sidewalk located within the City and will likely result in the obstruction of such streets or sidewalks or will likely compromise the ability of the City to respond to a public safety emergency; or
3) On any other property, but requires for its successful execution the provision and the coordination of the City services to a degree over and above that which the City routinely provides.

Permit required
A permit is required for Special Events; an application must be submitted to the City of Ball Ground not less than thirty (60) calendar days and not more than three hundred sixty-five (365) calendar days prior to the event. In addition to a special event permit, other permits and licenses may be required (i.e. electrical permit, signs permit, alcohol permit, etc.) The following documents are required when submitting a completed permit application;
Lay out of the event area, including locations of all tables, chairs, tents, stages, etc.
Plans for parking
Sanitation plans
Copies of contracts, certifications, and State licenses.
Map of the race/parade route

Permit fees
The processing and permit fees are non-refundable payable to the City of Ball Ground.
Processing fee $50.00 non-refundable (required by all applicants; to be included at time of application) (exceptions will be the City sponsored events, and other governmental entities)
In addition to the special event permit, other permits and licenses may need to be obtained. This may incur additional fees payable to the individual departments/organizations.

Insurance
Insurance coverage is required; a general liability insurance (comprehensive liability) policy covering bodily injury, including death, personal injury and property damage, with limits of not less than one million dollars ($1,000,000) combined single limit (CSL) per occurrence, and including the City of Ball Ground, Georgia as an additional insured party. The certificate of insurance is to be provided to the City of Ball Ground no less than fourteen (14) days prior to the scheduled event. The insurance agency must be licensed in the state of Georgia.

Parking
The event organizer is responsible for the organization of parking at the event site. Participants must adhere to all parking regulations. Event organizer must secure additional parking for larger events. A parking plan must be submitted with the application.

Event equipment and layout
A layout of the event area, including the location of all tables, chairs, tents, stages, vendor set-up, portable restrooms, and other equipment must be submitted with the application.

Alcohol
Alcohol sales and consumption is permitted only with the approval from the City Clerk’s Office in accordance with City of Ball Ground alcohol ordinance. Applying for an alcohol license may take up to 30 days, please plan accordingly. All required licensing and insurance pertaining to the serving of alcohol is the responsibility of the event organizer.

Sanitation
Event organizers are responsible for the removal of all trash and debris related to the special event. For events attracting a large number of individuals, it is recommended that trash removal services be contracted with a private vendor. It is the event organizer’s responsibility to make all arrangements and pay all fees applicable.

Restrooms facilities
Restrooms facilities may be required by the State Office of Environmental Health depending upon the size and type of event. The location of restroom facilities must be approved prior to the event. The organizer of the event is responsible for making all arrangements and payment of fees.

Sound system
The Event organizer must notify of any intended use of sound system during the event. All concerts and events must adhere to the City of Ball Ground Noise Ordinance. All events must conclude by 12:00AM midnight Monday through Saturday and 6:30PM Sunday.

Fire safety plan
Applications will be reviewed by the Cherokee County Fire Marshal. When a fire official determines that the gathering of persons will impact the provision of fire safety services, a plan for the provision of safety services will be prescribed by the Cherokee County Fire Marshal.

Food sales
Any intention to sell food must be indicated in the application. It is the responsibility of the event organizer to contact the State Office of Environmental Health and obtain any necessary permits.

Discrimination
The applying organization, association, or entity shall not discriminate or advocate discrimination on account of race, color, religion, creed, national origin, age, gender or disability.

Revocation of permit
The Ball Ground City Council, City Manager and his or her designee shall have the authority to revoke any permit and close the event immediately upon violation of the conditions set forth herein and /or where staging of the event would have an immediate and adverse effect on the welfare and safety of persons or property.

d) Consider First Reading of New Ordinance to The Code of The City of Ball Ground Chapter 28 Titled Utilities; Division 3. Sewers: Prohibiting private wastewater systems within the City of Ball Ground service delivery area.

City Manager Wilmarth stated this is another ordinance we are required to adopt per the Metro North Georgia Water Planning Distirct to aid and assist in the water conservation.

Chapter 28 Titled Utilities; Division 3. Sewers: Prohibiting private wastewater systems within the City of Ball Ground service delivery area

Sec. 28-85 Private Wastewater Systems

A) Private wastewater systems shall not be permitted within the City of Ball Ground service delivery area.

Council Member Stoner put forth a motion, Seconded by Council Member Byrd to adopt the above-stated Ordinance to prohibit private wastewater systems in the City of Ball Ground Service Delivery Area.
Motion Unanimously Approved.

e) Consider First Reading of New Ordinance to The Code of the City of Ball Ground Chapter 22 Titled Solid Waste; Article II. Collection and Disposal
City Manager Wilmarth stated city residents would be required to subscribe to trash services through the city thus eliminating any other trash haulers from collecting and disposing trash inside the city limits.

New Ordinance to The Code of the City of Ball Ground Chapter 22 Titled Solid Waste; Article II. Collection and Disposal

SOLID WASTE COLLECTION AND DISPOSAL

ARTICLE I. – NONCOMMERCIAL SOLID WASTE

Sec. 78-1. – Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
Bulky waste. Those items of furniture, such as sofas, chairs, tables, carpets and other large items such as mattresses, electronics, tubs, toilets, picnic tables and benches, which cannot reasonably be placed in a 95-gallon rollout cart.
C & D materials. Waste materials generated by the construction, remodeling, repair or demolition of residential, commercial or other structures.
Collector. A person who is permitted by the city by contract agreement to engage in the business of collection or transportation of solid waste, with or without compensation, from residential dwellings; provided, however, that this definition shall not include an individual collecting and/or transporting waste from his own single-family dwelling unit.
Commercial premises. All non-residential premises, public or private, requiring solid waste collection within the city, including commercial, industrial, institutional, and governmental premises.
Commercial solid waste. All garbage, rubbish and other acceptable waste generated by commercial premises and all C & D Materials, excluding hazardous waste.
Composting. The controlled biological decomposition of organic matter into stable, odor free humus.
Construction/demolition waste. Waste building material and rubble resulting from construction, remodeling, repair, and demolition operations of pavements, houses, commercial buildings and other structures. Such wastes include, but are not limited to asbestos, asbestos-containing waste, wood, brick, metal, concrete, wall board, paper cardboard, inert waste, landfill material, and other nonputrescible wastes which have a low potential for groundwater contamination.
Curbside. The location adjacent to the traveled portion of a publicly owned roadway designated by the contractor for the placement of carts and other solid waste and recyclables for collection.
Disposal facility. Any facility or location where any treatment, utilization, processing, or deposition of solid waste occurs.
Disposal operation. The performance of solid waste disposal, including administration, personnel, land, equipment, design, and other elements necessary or used in the work of solid waste disposal.
Disposal site. The location or land area where the final disposition of solid waste occurs.
Dispose. To get rid of, deal conclusively with or transfer to the control of another.
Garbage. Putrescible animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
Hazardous waste. Solid or liquid waste material resulting from the manufacture or use of pesticides and drugs (other than normal household use); pathological wastes; highly flammable or explosive wastes; toxic wastes; sewage sludge; and other waste material determined to be a likely hazard to the public health, safety, or environment, except radioactive waste materials as provided for in Rules of the Department of Human Resources, Chapter 270-5-20, entitled “Radioactive Materials.”
Industrial waste. Waste materials generated in industrial operations.
Landfill. A method of disposing of solid waste, other than putrescible waste or hazardous wastes, on land by placing an earth cover thereon.
Municipal solid waste. All types of solid waste including garbage, trash, and sanitary waste in septic tanks from hotels, motels, bunkhouses, campgrounds, picnic grounds, and day-use recreation areas. The term includes yard trimmings and commercial solid waste, but does not include construction and demolition waste and solid waste from mining, agricultural, or silvicultural operations or industrial process or operations.
Open dump. A disposable site at which solid waste from one or more sources is consolidated and left to decompose, burn, or to otherwise create environmental pollution or nuisance.
Owner. Any person, firm or corporation owning, leasing, renting occupying, or managing any premises in the jurisdiction of the City of Ball Ground.
Person. The State of Georgia or any other state agency or institution thereof, and any municipality, county, political subdivision, public or private corporation, solid waste authority, special district empowered to engage in solid waste management activities, individual, partnership, association or other entity in Georgia or any other state. This term also includes any officer of governing or managing body of any municipality, political subdivision, solid waste authority, special district empowered to engage in solid waste activities, or public or private corporation in Georgia or any other state. This term also includes employees, departments, and agencies of the federal government.
Plastic bag. A polyethylene or other heavy duty plastic bag meeting the National Sanitation Foundation Standard of at least 1.5 mills and not exceeding a 30-gallon capacity, with securing twist ties.
Provider: The person or company chosen to haul and dispose of solid waste for the citizens of the city by the mayor and council.
Putrescible waste. Wastes that are capable of being decomposed by microorganisms, including kitchen wastes, manure, offal, hatchery and poultry wastes, and garbage.
Reclamation. A controlled method of sorting and storing solid wastes for future use in accordance with an approved plan.
Recovered materials. Those materials which have known uses, reuses, or recycling potential such as newspaper, glass, cardboard, aluminum cans, metal cans, and plastics; those items that can be feasibly used, reused, or recycled; and those items that have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling whether or not requiring subsequent separation and processing.
Recycling. Any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products.
Refuse. All putrescible and non-putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid commercial and industrial wastes.
Residential premises: A dwelling within the city limits occupied by a person or group of persons, including single family homes, duplexes, triplexes, quadraplexes, and mobile homes whether such mobile homes are registered as vehicles or assessed as real property.
Rubbish. Non-putrescible solid wastes (excluding ashes), consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, and similar materials.
Sanitary landfilling. A method of disposing of putrescible waste and/or hazardous waste on land by placing an earth cover thereon.
Scavenge. Uncontrolled picking from discarded waste materials.
Service provider. A person, persons or entity granted an authorization to provide service by the City of Ball Ground governing authority who, under written agreements for compensation by those receiving services, does the work of collecting and transporting solid waste.
Solid waste. Discarded putrescible and non-putrescible waste, except water carried body waste and recovered materials, and shall include garbage; rubbish – such as paper, cartons, boxes, wood, tree branches, yard trimmings, furniture and appliances, metal, tin cans, glass, crockery, or dunnage; street refuse; dead animals; sewage sludge; animal manure; industrial waste; such as waste materials generated in industrial operations; residue from solid waste; thermal treatment technology; food processing waste; construction waste; and any other waste material in a solid, semi-solid, or liquid state not otherwise defined.
Solid waste handling. The storage, collection, transportation, treatment, utilization, processing, or disposing of solid wastes, or any combination thereof.
Solid waste handling facility. Any facility the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal or any combination thereof, of solid waste.
Transfer station. A facility used to transfer solid wastes from one transportation vehicle to another for transportation to a disposal facility.
Waste stream. The total flow of solid waste from commercial establishments, institutions and the like to its ultimate disposal site or facility.
Yard trimmings. Leaves, brush, grass clippings, shrub and tree prunings, discarded Christmas trees, nursery and greenhouse vegetative residuals, and vegetative matter resulting from landscaping development and maintenance other than mining, agricultural, and silvicultural operation.
Sec. 78-2. – Administration.
(a) The mayor is hereby authorized on behalf of the city to enter into an agreement with a service provider to provide for solid waste management to include, but not be limited to, the collection, removal and disposal of solid waste for all citizens residing at residential premises within the City of Ball Ground. The mayor shall, with the approval of the city council, execute an agreement binding the city to the agreement for such a period of time as may be allowed by law and as determined by the city council to be in the best interest of all the citizens of the city.
(b) The City Manager shall have the power and authority to enforce the duties and obligations of the agreement between the selected provider and the city.
(c) To the extent it is necessary to carry out the administration of the solid waste management code, the City Manager shall have the authority to establish rules and regulations not inconsistent with any terms contained in the solid waste management agreement between the provider and the city.
(d) The City Manager shall have the power and authority to enforce the requirements for solid waste management as specified throughout this chapter. It shall be unlawful for any person to fail to adhere to the provisions provided for in this chapter.
(e) Nothing herein shall be deemed to require those persons who dispose of solid waste generated only in their own private residence by personally delivering such solid waste directly to an approved landfill, an excluded private resident.
(f) Further, to the extent there is a binding irrevocable contract in place for solid waste pickup with a person, this chapter shall not be binding on such person (an excluded private resident) until such time as such contract expires. Said contract may not be renewed after the date of the ordinance from which this chapter is derived.
(g) All refuse accumulated in the city shall be collected, conveyed and disposed of by the provider at a permitted subtitle D sanitary landfill designated by provider. The provider shall have the ability to recommend regulations concerning precollection practices for both refuse collection and recyclable item collection, the days of collection, type and location of waste containers and recycling bins, and such other matters pertaining to the collection, conveyance, and disposal as it shall find necessary, and to recommend changes and modifications to the same. The provider shall agree that it has been provided with a copy of this chapter, and is familiar with and to the extent required will adhere to its provisions.
(h) All refuse accumulated in the city shall be collected, conveyed and disposed of by the provider, except as otherwise provided for in this chapter. No other person shall collect, convey over any of the streets or alleys of the city, or dispose of any refuse accumulated in the city. Nothing contained in this chapter shall preclude any producer from recycling any garbage or rubbish generated by that producer; provided, that recycling function is carried on entirely by that producer and is transported to a recycling facility in a vehicle owned or leased by and driven by that producer.
Sec. 78-3. – Preparation and storage of waste.
(a) No person shall keep or store solid waste outside of any residence or building within the city, except in proper containers for collection or otherwise prepared, as set forth in this chapter.
(b) Garbage containers shall be provided to the owner or occupant of each residence or establishment sufficient in number to accommodate such waste generated by the residence or establishment between collections. Containers shall be of durable metal or plastic, water-tight, non-absorbent, rust-resistant, rodent-proof, and easily cleaned. Containers shall be equipped with handles and tightly fitted covers and shall have a capacity of not less than 15 gallons nor more than 95 gallons.
(c) Disposable paper or plastic bags of a type, size, and material designed for solid waste disposal may be used to contain refuse for storage and collection, provided they are unbroken, sealed, and loaded in such manner that normal handling will not cause the bag to open.
Sec. 78-4. – Placement of waste containers for pickup.
On days designated as collection days by the provider, garbage and/or rubbish shall be placed for collection on the curb or beside the roadway in front of the residence or establishment owning same, or if the property abuts on an alley, at the rear of the property, but not in the gutter or in the street or alley in such manner as to interfere with pedestrian or vehicular traffic. By previous agreement with the City, residential, collection procedures, may be altered to provide for placement of garbage and/or rubbish in an area adjacent to the residence.
Sec. 78-5. – Collection of waste.
(a) No person shall place or cause to be placed in any container, box or bundle, or otherwise for collection, any hazardous waste of any kind except upon specific prior arrangement with the city, county health department and the provider.
Sec. 78-6. – Unauthorized accumulation of waste; nuisance.
Any unauthorized accumulation of solid waste is hereby declared to be a nuisance and is prohibited. The building inspector by written notice shall notify the owner or occupant of any premise with such solid waste accumulation to remove same. Failure to remove such accumulation within two weeks of the date of such written notice shall be deemed a violation of these regulations and subject the owner or occupant to penalties hereinafter set forth. A separate violation shall be deemed committed each day during or upon which such unlawful accumulation continues.
Sec. 78-7. – Disposal of waste.
(a) All disposal of solid waste shall be at disposal sites operated in accordance with state laws and with rules and regulations of the Georgia Department of Natural Resources, and at no other place. Waste deposited during the operating hours at any site operated by the county or municipality shall be placed as designated by the attendant on duty.
(b) No truck shall discharge waste at a publicly operated disposal site unless the owner’s name, telephone number, permit number, truck number, and rated load capacity are clearly printed on the door of such truck or in an equally conspicuous place.
Sec. 78-8. – Scavenging.
No person other than the owner or authorized collection personnel shall sift the contents of or remove anything from containers, boxes, or bundles containing garbage or rubbish.
Sec. 78-9. – Littering.
No person shall throw or deposit any litter within the city except in public receptacles or in private receptacles authorized by this chapter for collection.
Sec. 78-10. – Service charges.
(a) Solid waste service charges for the purpose of financing the collection and disposal of refuse in the city shall be as established by the City of Ball Ground and may be adjusted from time to time and published in the schedule of fees for the City.
(b) Delinquent accounts shall be subject to the following:
(1) A ten-percent penalty shall be assessed on all accounts considered delinquent.
(2) Solid waste services are a package utility service in conjunction with water and sewer. Termination of services shall be in accordance with service policies for water and sewer.
(c) Solid waste deposits and service charges shall be collected and/or billed by the City of Ball Ground directly to the customer in accordance with the solid waste provider agreement.
Sec. 78-11. – Enforcement.
(a) The City Manager shall be responsible for the administration and enforcement of this chapter. He shall inspect and regulate the operations of private collectors and private transportation and disposal systems to insure that such operations are in compliance with the provisions of this chapter.
(b) All regulatory actions of the City Manager shall be subject to the review of the city council.
(c) Any person aggrieved by the action of the City Manager shall have the right to appeal to the city council, who may, upon hearing, confirm, modify, or revoke such action.
Sec. 78-12. – Penalties.
Any person convicted of violating any of the provisions of this chapter shall be punished by a fine not exceeding $100.00 for each violation or be imprisoned not to exceed 30 days, or both, at the discretion of the judge of the municipal court.

Council Member Homiller put forth a motion, Seconded by Council Member Stoner to approve the first reading of this ordinance.
Motion Unanimously Approved

f) Consider the Following Items as Surplus Property
• One Acre Tract on Church Street
• One John Deere Zero Turn Mower (not economically feasible to repair)
• One Utility Trailer (Bent Axle – Not feasible to repair – Scrap Metal)

City Manager Wilmarth asked Council Members to consider the items listed above as surplus and they are listed on GovDeals for sale.

Council Member Homiller put forth a motion, Seconded by Council Member Byrd to surplus the items identified above and list each of them on GoveDeals for sale.
Motion Unanimously Approved.

Item 8: City Manager Comments
Financial Report – City Manager Wilmarth presented an unaudited report of account balances, statement of revenue and expenditures for the month ended August 31, 2017. The report showed cash on deposit totaled $720,328.36.

Other Items Reported:
• City Property Tax bills are expected to be mailed out within the month.

• Mayor Roberts recently notification from the Georgia Department of Community Affairs that the proposed development along Coy M. Holcomb had submitted an application for housing credits for the development.

• Sealed bids are now being accepted for the construction of a Senior Services Building on Groover Street. The opening of bids is scheduled for Thursday, September 28, 2017, at 200 PM.

• LMIG Safety grant received by the City for the improvements of the Groover St. RR crossing has not been well received by the company that owns the rail system. City Staff continues to work out the details of the project with the company that owns the rail system.

• City Staff continues to educate local businesses and residents on the damage disposing grease into the sewage lines have on our sewage system. Several lines within the system have been found clogged with grease. Cleaning the lines is a costly expense to the City.

• The Livable Center Initiative (LCI) Study under the direction of Dan Reuter has begun.

• Phase III of Mountain Brooke Subdivision is now under construction.

• Chief Reeves prepared a written report of the department’s activity for the month ended August 31, 2017.

Item 9: Mayor Roberts & City Council Comments
Mayor Roberts discussed with Council Members and staff the possibility of having the annual planning retreat before the end of the year. No date was set.

Mayor Roberts discussed the proposed workforce housing development slated to be constructed at corner of Old Canton Road South and Coy M. Holcomb St. He stated the development is a permitted use in the present zoning of TND and would be built using the specified design standards. Mayor Roberts asked City Manager Wilmarth to compile a fact sheet for the project to assist with questions residents may have.

Council Member Byrd proposed a work session be held prior to a regularly scheduled council meeting beginning in 2018.

Council Member Byrd discussed with Mayor and Council Members a plan proposed by the Downtown Development Authority/Main Street Board to modify/update Gazebo Park. The proposed plan would make the park more user- friendly by:
• Relocate the existing gazebo to Calvin Farmer Park
• Add park benches and picnic tables to the area

Council Members unanimously agreed the DDA/Main Street Board move forward developing a plan to improve the park area.

Item 10: Public Comments – None

Item 11: Executive Session (If Needed)

Item 12: Adjourn
There being no further business for Mayor and Council Members consideration a motion was duly made to adjourn at 8:15 PM.

The minutes of this September 14, 2017, Meeting of Council approved this 12th Day of October 2017.

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