October 2009 Council Meeting Minutes

Regular Meeting of the Mayor and City Council

City of Ball Ground, Georgia

Ball Ground City Hall ~ 7:00 P.M.

 OCTOBER 8, 2009

MINUTES

 Item 1:  Mayor Roberts called the September 17, 2009 meeting to order.

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

Council Member John Byrd was absent.

   Staff Present:  Darrell Caudill, City Attorney; Dana Davis, Police Chief; Michael Chapman, Planner and Eric Wilmarth, City Manager, City Clerk Karen L. Jordan

 Item 2:  Pledge of Allegiance

Item 3:  Scheduled Appearances – None

Item 4:  Announcements and Informational Items

Item 5:  Approval of Minutes

a)    Consider Approval of September 17, 2009 Minutes

Council Member Homiller put forth a motion, Seconded by Council Member Stoner to approve the minutes of the September 17, 2009 meeting as submitted in writing by the city clerk.

Motion Approved 4 Yeas 0 Nays 1 Absent.

 Item 6:  Old Business

a)   Consider 2nd Reading of Deannexation Petition submitted by Cherry Grove Properties, LLC  Property

Council Member Holcomb put forth a motion, Seconded by Council Member Homiller to approve the deannexation petition for  37.43 acres located on the east side of Cherry Grove Road.  The property is described as Map Number 04N06A, Parcles 001, 002, 003, 004, 005, 006, 009, 010, 011 & 012.

Motion Approved 4 Yeas, 0 Nays,1 Absent. 

Item 7:  New Business

a)   1st Reading of Amendment to City of Ball Ground Municipal Code Title 4; Section 4-2-4(B) as Related to Refuse Disposal.

Council Member Prettyman put forth a motion, Seconded by Council Homiller to amend the City of Ball Ground Municipal Code Title 4; Section 4-2-4(b) as Related to Refuse Disposal as stated and in conflict herewith, and for other purposesNo person shall hereafter establish or operate any new disposal facility without first submitting plans and specifica­tions to the mayor and council and receiving its written approval as regards disposal site, methods of disposal, adequacy of equipment and supervision, and other pertinent matters. Existing disposal facilities shall be operated in such a manner as to prevent nuisance or menace to the public health.

Motion Approved 4 Yeas, 0 Nays, 1 Absent.

b)   Consider Levy Date of Property TaxCouncil Member Homiller put forth a motion, Seconded by Council Member Stoner to levy and provide for the assessment of ad valorem property taxes on all property subject to taxation.  The levy date is November 1, 2009 with taxes due and payable on that date and considered past due as of December 31, 2009.Motion Approved 4 Yeas, 0 Nays, 1 Absent.

 c)    Consider Adoption of Solid Waste STWP

Council Member Homiller put forth a motion, Seconded by Council Member Stoner to adopt the Solid Waste Short Term Waste Program.

Motion Approved 4 Yeas, 0 Nays, 1 Absent.

 d)   Consider Adoption of Solid Waste

Council Member Homiller put forth a motion, Seconded by Council Member Prettyman to adopt the Solid Waste Management Plan as submitted.

Motion Approved 4 Yeas, 0 Nays, 1 Absent.

 e)   Consider Zoning Application submitted by COMA Properties, Inc.

Mayor Roberts presented the case for Council comments and consideration.

 Council Member Prettyman stated that he and Council Members Stoner and Byrd attended the Cherokee County Planning Commission on October 6, 2009, at which time this case was presented to the Planning Commission.  Upon review it is their recommendation that Council approve an R-40 zoning rather than the requested R-20.

 Council Member Prettyman put forth a motion, Seconded by Council Member Homiller to approve the R-40 zoning as recommended by the Cherokee County Planning Commission.

Motion Approved 3 Yeas, 0 Nays, 1 Absent.  Council Member Ashley Holcomb abstained.

 f) Consider Permit Fee for Solid Waste Haulers

City Administrator Wilmarth stated that Chapter 2, Section 4-2-5(a) of the City of Ball Ground Municipal Code states the following:  No private contractor shall collect, scavenge and/or dispose of refuse or salvage any component thereof within the city unless he holds an unrevoked permit form the mayor and council.  Only private contractors who comply with the requirements of this chapter shall be entitled to receive and retain such a permit.  The fee for the permit shall be established from time to time by the mayor and council.  City Administrator stated that at no time has Mayor and Council ever established a fee, but felt it necessary for them to do so at this time.  By establishing a fee each hauling company will have to register their company with the city.  This will enable the city to tract the amount of trash pickup within the city. 

 City Administrator Wilmarth posed several options for Council consideration.  Following Council discussion, Council Member Homiller put forth a motion, Seconded by Council Member Holcomb to impose a rate structure based on the number of employees as stated in Section 7-1-4 (b) Occupation Tax Schedule of the City of Ball Ground Municipal Code.

Motion Approved 4 Yeas, 0 Nays 1 Absent.

 g)   Consider Resolution 2009-R04 Authorizing the Executive Legislative Body to Apply for and Accept a GATEway Grant from the Georgia Department of Transportation.

Upon a Motion by Council Member Homiller, Seconded by Stoner the following resolution was adopted and approved for Mayor Roberts to sign.

Motion Approved 4 Yeas, 0 Nays, 1 Absent.

City of Ball Ground

State of Georgia 

RESOLUTION NO. 2009-R04

 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALL GROUND AUTHORIZING THE TO APPLY FOR AND ACCEPT A GATEway GRANT. UPON AWARD OF THE GRANT, THE BALL GROUND CITY COUNCIL 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 the City of Ball Ground beautify and improve various rights of way by landscaping within the City of Ball Ground; and

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

 NOW THEREFORE,

BE IT RESOLVED by the City Council of the City of Ball Ground

Section 1. The City Council of the City of Ball Ground hereby authorizes the Grant Applicant to apply   for a GATEway Grant. Upon award of the grant, the City of Ball Ground shall enter into a Mowing and Maintenance Agreement between the City of Ball Ground and the Georgia Department of Transportation.

Section 2. The City/County Clerk of City of Ball Ground 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 the City of Ball Ground at the regular meeting assembled this 8th day of October, 2009.

Mayor of the City of Ball Ground

BY:_____________________________________

/s/ A.R. Roberts III – Mayor

ATTEST:

 _______________________________

/s/ Karen Jordan – City Clerk

 Item 8:  Report by City Administrator Eric Wilmarth

Financial Report – An unaudited report of account balances, statement of revenue and expenditures for the month ended September 30, 2009 was presented by City Administrator Wilmarth.  The report showed cash on deposit totaled $619,045.73.

 Water & Sewage – High maintenance and maintenance cost plagued the sewer system again this month.  A request has been sent to G. Ben Turnipseed Engineers to design a pump conversion from HOMA to FLYGT at one of the lift stations. 

 Water loss for the month of September is estimated at approximately 1.4 million.  Staff continues to search leaks. 

 The installation of a new pump at the well house is 100% complete.  We are now supplying 99.9% of our customer base rather than 75% before the new pump was installed.  This will result in less water we have to purchase from CCWSA.

 Roads/Streets/Streetscape

The Streetscape Project continues to be plagued with problems therefore the completion date has once again been delayed.

Parks and Recreation – Notice has been received from County Manager Jerry Cooper that the City of Ball Ground will receive a check for $38,000.00 to construct a new concession stand at the girl’s softball field.  Also noted the county will be advertising for bids to construct two new batting cages at the baseball field and new fencing and dugouts for the softball field.

 Public Safety – A written report of the department’s activity was presented by Chief Davis. The report reflected 469 calls responded to by the department. 

 Item 9:  Comments by Mayor Roberts and City Council

Council Member Homiller suggested area banks be contacted to solicit a higher interest rate that we are presently receiving on the accounts we have on deposit, since was an easier way for getting car loans, but now a days you can also get loans online with no credit check online -money within a min.

 Council Member Homiller also asked City Administrator for an update on the filing of fifa’s for delinquent property taxes. 

 City Administrator Wilmarth stated he is to meet with the Cherokee County Tax Commissioner to discuss the process the county follows and will provide updates as they become available.

 Mayor Roberts stated that when the streetscape project is complete he would like to have a street party.  He further commented on the number of positive comments he receives about the streetscape project.

 Council Members Prettyman commented on the amount of property recently purchased by the Cherokee County Board of Commissioners for parks.   Mayor Roberts and remaining Council Members also commented on this subject.  Following discussion Council Member Homiller put forth a motion, Seconded by Council Member Holcomb to approve the following Resolution NO. 2009-06: 

Motion Approved 5 Yeas, 0 Nays, 1 Absent.

 City of Ball Ground

State of Georgia

 RESOLUTION NO. 2009-R06

 WHEREAS, the Mayor and the City Council of the City of Ball Ground, Georgia wish to issue this resolution of support for the Cherokee County Board of Commissioners for its commitment to improving the quality and quantity of parks, recreation facilities and undeveloped green space in Cherokee County.; and

   WHEREAS, the City of Ball Ground recognizes the inherent value that parks provide the citizens of Cherokee County; and

 WHEREAS, the City of Ball Ground, with its natural beauty, revitalized downtown, and overall quality of life, is a growing municipality within Cherokee County; and  

 WHEREAS, the City of Ball Ground and nearby areas offers many sites which are ideal locations for a variety of recreational and preservation uses; and

 WHEREAS, additional park and recreational facilities and undeveloped green space within and near the City of Ball Ground would not only enhance the quality of life for residents of the City, but would additionally enhance the quality of life for all who reside in Northern Cherokee County; and

 WHEREAS, the governing body of the  City of Ball Ground wishes to encourage the Cherokee County Board of Commissioners to consider the acquisition of land within or adjacent the City of Ball Ground for future park, open space and recreation facilities.

 

NOW THEREFORE BE IT RESOLVED that the Mayor and City Council of the City of Ball Ground hereby supports the efforts of the Cherokee County Board of Commissioners to further enhance the quality of life for the residents of Cherokee County through the acquisition of land for parks, recreation facilities, and perpetual green space. 

BE IT FUTHER RESOLVED that the City of Ball Ground encourages the Cherokee County Board of Commissioners to consider acquiring appropriate properties for these purposes within or in close proximity to the City of Ball Ground.

THEREORE BE IT RESOLVED, this 8th day of October, 2009.

Mayor of the City of Ball Ground

BY:_____________________________________

/s/ A.R. Roberts III – Mayor

ATTEST:

________________________________

/s/ Karen Jordan – City Clerk

 Item 10:  Public Comments – NONE

 Item 11:  Executive Session (If Needed)

 Item 12:  Adjourned

There being no further business for Council consideration a motion was duly made and seconded to adjourn at 8:05PM

 The minutes of this October 8, 2009 Meeting of Council will be considered for approval at the November 12, 2009 Meeting of Council.

 ___________________________ _____________________________

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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