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

MINUTES
April 25, 2019

1. Call Meeting to Order by Mayor Rick Roberts at 7:05 PM
Council Members Present: John Byrd, Mickey O’Malley, and Andrenia Stoner
Council Members Absent: Frank Homiller and Lee Prettyman
Staff Present: Donna England, Chris Luly, Eric Wilmarth, Darrell Caudill, and Chief Bryon
Reeves
2. Pledge of Allegiance
3. Appearances
4. Announcements – City Manager Eric Wilmarth
5. Consider Approval of March 14, 2019, Council Meeting Minutes
Council Member O’Malley put forth a motion, Seconded by Council Member Stoner to
approve the minutes of the March 14, 2019, Council Meeting as submitted in
writing by the City Clerk.
Motion Unanimously Approved
6. Old Business
a) Consider Second Reading of Annexation Petition
Applicant: David W. Shirley & William R. Shirley
Located 370 & 374 Roy Haynes Drive
Council Member Byrd put forth a motion, Seconded by Council Member Stoner to
approve the second reading of an annexation petition by David W. Shirley and
William R. Shirley for property located at 370 and 374 Roy Haynes Drive.
Motion Unanimously Approved
7. New Business
a) Consider First Reading of FY 2019-2020 Operating Budget
Mayor Roberts presented the FY 2019-2020 Operating Budget to Council and provided
a brief overview of the significant changes over previous years.
Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to
accept the budget as presented for the first reading.
Motion Unanimously Approved
b) Consider Resolution for County Fire Marshal Services

April 25, 2019
Ball Ground City Council Meeting Page 1

Mayor Roberts put forth a request asking Council to approve a resolution affirming
the City of Ball Ground to begin using the services of the Cherokee County
Fire Marshal for plan review and required commercial building inspections.
Council Member O’Malley put forth a motion, Seconded by Council Member Stoner to
approve the resolution.
Motion Unanimously Approved
c) Consider GMA Lease/Purchase of Kubota 4wd ATV
Council Member Byrd put forth a motion, Seconded by Council Member Stoner to
approve the lease/purchase of a 4-wheel drive Kubota ATV from Nelson
Tractor Company in the amount of $11,250.00 through the Georgia Municipal
Association Lease/Purchase Program.
Motion Unanimously Approved
d) Consider the Surplus of Public Works Equipment
City Manager Wilmarth presented Mayor and Council with a list of property he
recommends be surplused and place on GoveDeals for public auction. Items
are identified as: Ferris TA26 Sidearm Mower, John Deere 3120 Tractor, John
Deere PTO drive fertilizer spreader, a 5’ offset bush hog and a Bull Dog ATV.
A motion was put forth by Council Member Stoner, Seconded by Council Member
Byrd to place the above-listed items on the auction site. Motion Unanimously
Approved
e) Consider Application for New Alcoholic Beverage License
Applicant: Miranda Jackson Business: Fire & Ice Events, LLC/Truck & Tap
Location: 340 Gilmer Ferry Road
A motion was put forth by Council Member Byrd, Seconded by Council Member
O’Malley to approve the first reading of an application for new alcoholic
beverage license, applicant Miranda Jackson with Fire & Ice Events, LLC/Truck
and Tap at 340 Gilmer Ferry Road.
Motion Unanimously Approved
f) Consideration Resolution Authorizing Membership in the Georgia Interlocal
Risk Management Agency (GIRMA) Liability Insurance
A motion was put forth by Council Member Stoner, Seconded by Council Member
Byrd to adopt a resolution authorizing membership in the Georgia Interlocal
Risk management Agency (GIRMA) for Liability Insurance.
Motion Unanimously Approved
g) Consider Purchase of property 2019-A
This item of business discussed in Executive Session. No action taken.
h) Consider Purchase of property 2019-B
This item of business discussed in Executive Session. No action taken.
i) Consider Purchase of property 2019-C
April 25, 2019
Ball Ground City Council Meeting Page 2

This item of business discussed in Executive Session. No action taken.
j) Consider Purchase of property 2019-D
This item of business discussed in Executive Session. No action taken.
k) Consider Purchase of Property 2019-E
This item of business discussed in Executive Session. No action taken.
8. City Managers Report
City Manager Wilmarth presented Mayor Roberts and City Council with a written report of
operational activities of the City over the previous month. The City Manager
covered several of the items in a verbal report.
City Manager Wilmarth announced that a meeting of the Parks and Recreation Committee
would take place at 10:00 am on Tuesday, April 30
th
to discuss the Community

Center, Parks Property and future needs.
9. Mayor Roberts Comments
Mayor Roberts informed Council of the creation of a Historic Preservation Committee
with an initial charge of inventorying the historic properties within the existing
historic district. Mayor Roberts explained that since the initial inventory 15 years
ago numerous structures have been altered or destroyed and it was necessary to
get a new inventory and also to begin planning for the adoption of a Historic
Preservation Ordinance, hopefully by September 2019. Mayor Roberts appointed
the Committee to consist of Stefanie Joyner, Sylvia Bowles, Josh Briggs, and
Anne Hartness and Karen Jordan.
10. Council Members Comments
Council Member O’Malley reported that repairs were being made to the tennis courts and
when finished the courts would also be stripped for pickle ball. No other
comments were received.
11. Public Comments – None
12. Executive Session
• At this time Mayor Roberts left the meeting because of his family interest in one
of the items to be discussed. Mayor Pro Tem Byrd conducted the remainder of the
meeting.
Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to
adjourn into Executive Session for the purpose of discussing future acquisition of
real estate. (O.C.G.A. 50-14-3(4))
Motion Unanimously Approved
Elected officials and staff convened into Executive Session in the conference room to
discuss subject acquisitions. Upon completion of discussion Elected officials and
staff returned to the Council Chambers.
April 25, 2019
Ball Ground City Council Meeting Page 3

A motion was put forth by Council Member Stoner, Seconded by Council Member
O’Malley to adjourn the Executive Session and reconvene back into the open
meeting.
Motion Unanimously Approved.
13. Adjourn
There being no further business for consideration Council Member Stoner put forth a
motion, Seconded by Council O’Malley to adjourn the meeting at 8:30 PM.
Motion Unanimously Approved.
The minutes of this April 25, 2019, City Council Meeting approved this 9

th Day of May,

2019.

_______________________________ _____________________________
Mayor A. R. Roberts, III Mayor Pro Tem John Byrd

______________________________ _____________________________
Council Member Frank Homiller Council Member Mickey O’Malley

______________________________ _____________________________
Council Member Lee Prettyman Council Member Andrenia Stoner

Attest: _____________________________

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

Minutes
March 14, 2019

Call Meeting to Order – Mayor Roberts
Present for the meeting were:
John Byrd, Council Member
Mickey O’Malley, Council Member
Lee Prettyman, Council Member
Donna England, Finance Officer
Bryon Reeves, Police Chief
Chris Lully, City Planner
Darrell Caudill, City Attorney
Eric Wilmarth, City Manager
Karen L. Jordan, City Clerk

Absent: Council Members Frank Homiller and Andrenia Stoner

Pledge of Allegiance

Appearances – None

Announcements – City Manager Eric Wilmarth

Consider Approval of February 7, 2019, Council Meeting Minutes
Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the minutes of the February 7, 2019, Council Meeting as submitted in writing by the City Clerk.
Motion Unanimously Approved

Old Business
Consider Second Reading of Amendment to Ball Ground Municipal Code of Ordinances Chapter 105 Title Floodplain Management; Section 105-4 Applicability.
Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the second reading of the above-stated ordinance.
Motion Unanimously Approved

Consider Second Reading of Amendment to Ball Ground Municipal Code of Ordinances Chapter 28 Titled Utilities to Which to regulate fees and charges for storm water utilities services, define the scope of responsibility, establishes an enterprise fund, credit and appeal policies, billing and collection policies, and other policies and procedures related to establishing the storm water utility.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the second reading of the above-stated ordinance.
Motion Unanimously Approved

New Business
Consider Purchase of Water Dept. Vehicle: 2019 Ford F-250 Pickup
City Manager Wilmarth presented Mayor and Council Members with a Resolution to lease/purchase a 2019 Ford F- Series SD under the Georgia Municipal Association Direct Leasing Program. This vehicle will be entered into the Public Works Fleet of vehicles. The cost of the vehicle is $29,964.00. As stated in the Resolution an appropriation in the City’s current operating budget has previously been made, which shall be sufficient to pay the “Rentals” and the “Termination Payment” during the “Starting Term” under such Lease Supplements.

Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to authorize City Manager Wilmarth to move forward with the purchase of the 2019-Ford F-Series SD vehicle for the Public Works Department.
Motion Unanimously Approved

Consider the Surplus of Public Works Vehicle 1993 F-350
Council Member Wilmarth informed Mayor and Council Members that this vehicle was no longer in operation due to costly maintenance issues.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to surplus the vehicle and advertise the sale of said vehicle as is on GovDeals.
Motion Unanimously Approved

Consider First Reading of Annexation Petition
Applicant: David W. Shirley & William R. Shirley
Located 370 & 374 Roy Haynes Drive

City Manager Wilmarth presented an annexation petition from applicants David W. Shirley and William R. Shirley for 3.377 acres located at 370 and 374 Roy Haynes Drive. The property is currently zoned Single Family Residential (R-40). He further stated Cherokee County had no objections to the application.

Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to accept the annexation petition of David W. Shirley and William R. Shirley as presented.
Motion Unanimously Approved

Consider Resolution Declaring April as National Safe Digging Month
The Cherokee County Local Utility Coordinating Committee sent a letter to Mayor Roberts asking that Ball Ground by Resolution proclaim the month of April as Safe Digging Month. Council Members unanimously passed the resolution signed and presented to Cody Averett by Mayor Roberts.

City Managers Report
A written and oral operational and financial report was presented to Council Members by City Manager Wilmarth.

City Manager Wilmarth noted that the Downtown was busier than usual last weekend due to the filming of another movie. Fayleure Productions Inc. filmed scenes for the movie AIRBORNE. The Burger Bus and City Gym was the locations used for filming.

City Manager Wilmarth announced that Chief Reeves and his department was recently recognized by the Cherokee County Board of Education as the “Partner of the Year”. The Police Department has built an outstanding relationship with students, parents, and staff. Chief Reeves and his officers have also been extremely active and present at school functions.

Chief Reeves presented a monthly report of the Departments activity for the month ended February 28, 2019, for Mayor and Council review.

Mayor Roberts Comments
Mayor Roberts reported on the Cherokee County Municipal Association Meeting he along with City Manager Wilmarth and City Clerk Karen Jordan attended the previous evening. He stated Michael Brown of Brown Pelican Consulting LLC gave a presentation regarding Service Delivery Strategy. Mr. Brown discussed the history of the topic, applicable laws, mediation, and litigation. Mayor Roberts stated negotiations with the Cherokee Board of Commissioners would be ongoing until an agreement could be reached.

Council Members Comments
Council Member O’Malley reported the improvements to the tennis courts have not been completed due to the weather. It is hoped this project will be completed soon.

Public Comments – None

Adjourn
There being no further business for Mayor and Council consideration a motion was duly made and seconded to adjourn at 7:40 PM.
Motion Unanimously Approved

The minutes of this March 14, 2019, Council Meeting approved this 25th Day of April 2019.

_______________________________ _____________________________
Mayor A. R. Roberts, III Mayor Pro Tem John Byrd

______________________________ _____________________________
Council Member Frank Homiller Council Member Mickey O’Malley

______________________________ _____________________________
Council Member Lee Prettyman Council Member Andrenia Stoner

Attest: _____________________________
Karen L. Jordan, City Clerk

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

Minutes
January 10, 2019

Item 1: Meeting Called to Order by Mayor Rick Roberts
City Clerk Karen L. Jordan administered the Oath of Office to Andrenia G. Stoner and Lee Prettyman for the office of City Council. Each will serve a four-year term.

Present for the meeting were:
John Byrd, Council Member
Mickey O’Malley, Council Member
Lee Prettyman, Council Member
Andrenia Stoner, Council Member
Donna England, Finance Officer
Bryon Reeves, Police Chief
Darrell Caudill, City Attorney
Eric Wilmarth, City Manager
Karen L. Jordan, City Clerk

Item 2: Pledge of Allegiance

Item 3: Appearances
Recognition of City Resident
Mayor Roberts presented Steven Byrd with the Key to the City for his dedication as a Citizen on Patrol. Steven walks through the downtown area several times a day and while doing so keeps a watchful eye over the businesses and residents along his route. Mayor Roberts noted several crimes have been solved because of Steven’s watchful eye. Mayor Roberts commended Steven for his dedication and love of Ball Ground.

James Bence, Mauldin & Jenkins, LLC – Presentation of Financial Audit for Period Ended June 30, 2018

Item 4: Announcements/Informational Items/Project Updates – City Manager

Item 5: Approval of the November 15, 2018, Council Meeting Minutes
Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to approve the minutes of November 15, 2018, Council Meeting as submitted in writing by the City Clerk.
Motion Unanimously Approved

Item 6: Old Business – None
Consider 2nd Reading of Grease Control Program Policies/Ordinances
Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the second reading of this ordinance.
Motion Unanimously Approved

Item 7: New Business
Consider Appointment of Mayor Pro Tem
Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to appoint John Byrd as Mayor Pro Tem for the ensuing year.
Motion Unanimously Approved

Consider Appointment of 2019 Department Heads, Committees and Board Members

The following Department Heads were appointed by Mayor Roberts and confirmed by Council Members Byrd, O’Malley, Prettyman and Stoner.

City Clerk Karen L. Jordan
Chief of Police Bryon Reeves
Public Works Eric Wilmarth
City Attorney Roach, Caudill & Gunn
City Auditor Mauldin & Jenkins
Engineer G. Ben Turnipseed Engineers
Architect Mark Robillard
Elections Super Karen Jordan
Clerk of Court Kim Forman
Assistant Clerk of Court Karen L. Jordan
Municipal Court Judge Gary Markwell

Tree Board Appointments
Karen Jordan, Chairman
Jennie Byers
Beth Hall
The sitting president of the Ball Ground Garden Club

Zoning Board of Appeals
David Kubala
Daniel Sisson
Jennie Byers
Jeremy Parker
Ellen Goldberg

Council Committees Chair Other Staff
Insurance & Personnel Andy Mickey Donna
Parks & Recreation Mickey John Karen
Public Works & Services John Lee Eric
Public Safety Lee John Chief

Mayor Roberts serves as an ex officio member of each committee.

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to appoint the following to the Executive Committee:
Mayor, Mayor Pro Tem, and City Manager
Motion Unanimously Approved

Consider Appointments to the Downtown Development Authority
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to appoint the following to the Downtown Development Authority.
Bo Pollard Term Expires 2022
Gloria Bartko-Thomas Term Expires 2022
Motion Unanimously Approved

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to appoint Charles Jenkins to fill the unexpired term of Tricia Richardson whose term will expire in 2020.
Motion Unanimously Approved

Kathy Day Term Expires 2019
John Byrd Term Expires 2019
Brent Richardson Expires 2019
Sheri Little Term Expires 2020

Reaffirm Check Signers for any/all banking/checking accounts
Council Member O’Malley put forth a motion, Seconded by Council Member Prettyman to authorize Mayor Roberts, City Manager Eric Wilmarth, and City Clerk Karen Jordan and Police Chief Bryon Reeves as check signers for any/all banking/checking accounts.
Motion Unanimously Approved

Consider Establishing and Fixing Qualifying Fees for Municipal Elections per O.C.G.A. §21-2-131(1)(a)
Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve the qualifying fee of $35.00 for the office of City Council and $108.00 for the office of Mayor.
Motion Unanimously Approved

Consider Adoption of Zoning Map
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve the adoption of the City of Ball Ground Zoning Map as presented.
Motion Unanimously Approved

Consider Arbor Day Proclamation
Mayor Roberts read a proclamation declaring Friday, February 15, 2019, as Arbor Day in the City of Ball Ground. The annual tree planting event date and time will be announced at a later date.

Consider an Easement between the City of Ball Ground and Georgia Power Company
Council Member O’Malley put forth a motion, Seconded by Council Member Prettyman to grant an easement from the City of Ball Ground to the Georgia Power Company to grant bargain, sell and convey unto Grantee an easement and perpetual right-of-way over, upon, though, under and/or across the property of the City of all Ground in Lan Lot 10, 338, of the 3rd and 4th District, 2nd Section, Cherokee County, Georgia and being a strip of land more particularly described and shown on the plat attached hereto as Exhibit “A” and entitled Church Street (Cherokee County) Distribution LIMS#2018110153 (Tax Parcel ID no 04N04C-013 and otherwise located at 480 Old Canton Road, Ball Ground, Georgia 30107.

Discussion: City Manager Wilmarth stated this would allow the mobile units located behind City Gym access to power.

Motion Unanimously Approved

Consider Resolution 2019-R1 Adoption of Comprehensive Plan
Margaret Stallings, Principal Planner, Department of Cherokee County Planning and Zoning presented an update of the completion and submittal of the City’s Comprehensive Plan. Resolution 2019-R1 states the City has prepared an update to the Comprehensive Plan for the years of 2019-2023 in accordance with the Minimum Standards and Procedures for Local Comprehensive Planning and further adopts the Comprehensive Plan this date.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the Resolution 2019-R1 as submitted.
Motion Unanimously Approved

Consider Adoption of Road Development Standards
City Manager Wilmarth presented for Mayor and Council consideration Standards for which roadways including but not limited to non-residential streets, potential state routes/truck routes constructed within the City of Ball Ground. The guidelines for base thickness, pavement types and layers are identified in the document.

Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to approve the Construction Standards for roadways including but not limited to non-residential streets, potential state routes/truck routes constructed within the City of Ball Ground.
Motion Unanimously Approved.

Ratify agreement with ECS Southeast, LLP for Materials Testing Services
City Manager Wilmarth stated since there was no December council meeting to act on the proposed agreement he called council members for their approval to proceed with signing the document. He stated the agreement ECS proposes to provide concrete sampling/testing services for sidewalks, driveways, curb and gutter and top of drainages structures during construction of the Valley Street Streetscape project on an on-call, as needed basis in accordance with the Fee Schedule. The estimated cost for provided 16 visits will be $7,570.00.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to ratify the decision to approve entering into the agreement with ECS Southeast, LLP for services as described above at a cost of $6,570.00.
Motion Unanimously Approved

Consider 1st reading of changes to the City of Ball Ground Comprehensive Development Code Appendix A Titled Zoning; Division 104 District Standards and Permitted Uses

City Manager Wilmarth stated the list of the proposed changes presented to council members for review outlines the changes that clarify where uses are located based on their road locations (arterial, collector, local) and also provides a definition for the same. It also corrects grammar, spelling and spacing errors and inserts the word “shall”.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the changes as submitted.
Motion Unanimously Approved

Consider request by Diamond Head Development for Special Use Permit to allow for a solid waste transfer station in Light Industrial (LI) Zoning

Council Member Byrd put forth a motion to deny the request by Diamond Head Development for a Special Use Permit in Light Industrial (LI) Zoning. Council Member O’Malley Seconded the motion to deny the Special Use Permit.

Council Member Byrd opened discussion stating after visiting several locations where other waste transfer facilities were operated he believed this type of business activity would not be an acceptable use in LI Zoning.

All members voted in favor of the motion to deny the request for Special Use Permit by Diamond Head Development.

Consider first reading of An Ordinance to amend Chapter 14 of the Code of Ordinances, the City of Ball Ground to provide for a service agreement and minimum term of office for the Municipal Court Judge; to provide an effective date; to repeal all Ordinances and parts of ordinances in conflict herewith, and for other purposes.

Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to approve the first reading the ordinance as presented.
Motion Unanimously Approved

Item 8: City Manager Comments
A written and oral operational and financial report was presented to Mayor and Council Members by City Manager Wilmarth.

City Manager Wilmarth thanked Donna England and staff for the excellent job they do in financial management and recordkeeping.

Julie Arthur, Director of the Ball Ground Senior Center was introduced by City Manager Wilmarth. Mrs. Arthur invited everyone to visit the center during the hours of 9:00 AM – 2:00 PM Tuesday thru Thursday.

The Valley Street Streetscape Project is scheduled to begin next week. The project is scheduled to be completed within 90 days.

Item 9: Mayor Roberts expressed his desire to move forward with a Historic Preservation Ordinance this year. He stated he will be discussing this issue more in the near future.

Mayor Roberts reported that he has met with other city mayors and County Commissioner Chair Harry Johnston to try and resolve issues related to the Service Delivery Strategy Plan. We have until June 30, 2019, to resolve this matter stated Mayor Roberts.

Item 10: Council Comments
Council Member Byrd commended the Public Works Staff for the work they do.

Council Member O’Malley reported that City Gym is in high demand. Basketball teams from all across the county are calling wanting to rent the facility.

Council Member O’Malley announced that the Ball Ground Pickle Ball Team is now part of the Cherokee County Pickle Ball League. Our city is getting great exposure from people who are coming to utilize the gym and participate in Pickle Ball Games.

Mayor Roberts commended Council Member O’Malley for the time and commitment he lends to promoting recreation in Ball Ground.

Council Member Prettyman commended Chief Reeves and his department on the job they do serving and protecting the citizens of Ball Ground.
Item 11: Public Comments
Larry Cavender extended an invitation to the elected officials, city manager, and city clerk to participate in a friendly game of Ball Ground Trivia at the Ball Ground Senior Center on Tuesday, January 22, 2019. Larry stated this would be a fun way to test our knowledge of Ball Ground’s past and present.

Charles Jenkins announced that throughout the month of January baseball sign-ups would be held at the Lions Club Field each Saturday.

Item 12: Executive Session (If Needed)

Item 12: 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 January 10, 2019 Council Meeting approved this 7th Day of February
2019.

_______________________________ _____________________________
Mayor A. R. Roberts, III Mayor Pro Tem John Byrd

______________________________ _____________________________
Council Member Frank Homiller Council Member Mickey O’Malley

______________________________ _____________________________
Council Member Lee Prettyman Council Member Andrenia Stoner

Attest: _____________________________
Karen L. Jordan, City Clerk