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Regular Meeting of the Mayor and City Council
City of Ball Ground, Georgia
Ball Ground City Hall ~ 7:00 P.M.
MINUTES
SEPTEMBER 9, 2021
Item 1: Meeting Called to Order by Mayor Roberts
Council Members and Staff Present:
John Byrd – Council Member
Andrenia Stoner – Council Member
Lee Prettyman – Council Member
Darrell Caudill, City Attorney
Donna England, Finance Director
Eric Wilmarth, City Manager
Karen L. Jordan, City Clerk
Item 2: Pledge of Allegiance
Item 3: Approve Agenda
Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to approve the agenda with the following amendments: Remove Item 8 (a), and 9 (a), and add Consider Inmate Housing Agreement and Ratification Authorizing City Clerk to sign any and all documents related to the closing of the Swap Closing between the City of Ball Ground, and BG Partners, LLC on August 31, 2021.
Motion Unanimously Approved
Item 4: Appearances – None
Item 5: Public Comments
Dan Frechette of 306 Upper Pheasant Ct. addressed the mayor and council concerning the Loyd Development. Mr. Frechette thanked Mayor Roberts and the Member of Council for their influence on the Loyd Development withdrawing their annexation and rezone application. He stated the development would have had a detrimental effect on the traffic flow in the area.
Mayor Roberts thanked Mr. Frechette for his comments.
Mary Luchan of 201 S. Mountain Brook Way thanked Mayor Roberts and Member of Council for the issuance of the Executive Order related to the placement of signs in the city. Mrs. Luchan asked if the ordinance had been amended or did the Executive Order fix the issue.
Mayor Roberts stated there was an error in the ordinance,
City Manager Wilmarth stated that under Scrivener’s Rule the error was corrected by the Mayor’s Executive Order. If the elected body wants to consider a permanent 60-day allowance of the placement of signs the ordinance would have to be amended.
Mayor Roberts stated he would like for Council to discuss and determine if and what changes needed to be made to the ordinance.
Item 6: Announcements/Informational Items/Project Updates – City Manager
October 16, 2021 – Rivers Alive Clean up 9AM – 1PM
December 3, 2021 – Annual March of the Toys Parade for Toys for Tots 7PM
Item 7: Approval August 12, 2021, Council Meeting
Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve the minutes of the August 12, 2021, meeting as submitted in writing by the City Clerk.
Motion Unanimously Approved
Item 8: Old Business
Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to approve the City of Ball Ground Development Code as submitted for approval.
Motion Unanimously Approved.
Item 9: New Business
A Proclamation unanimously adopted by Council Members and read by Mayor Robers urging all citizens to study the Constitution of the United States of America and reflect on the privilege of being an American with all the rights and responsibilities which that privilege involves; And furthermore, declared the week of September 17-23, 2021, ad Constitution Week in the City of Ball Ground.
City Manager Wilmarth stated he had received a proposal from Staurolite Minerals and Mines to lease property adjacent to 345 Gilmer Ferry Road. As part of the proposal, the City of Ball Ground would remove the marble from the property so to improve the parking area and install a black metal fence along the sidewalk between RockSolid Brewing Co. and Easy Ride Cars at a cost of approximately $35,000. In exchange for the improvements, the city would receive 4 years of use of the parking area without a fee. After four years, the city would then begin paying a monthly fee of $700.00.
Council Members discussed the need for additional parking in the downtown area. Council Member Stoner then put forth a motion, Seconded by Council Member Prettyman to enter into a lease agreement with Staurolite Mineral and Mines.
Motion Unanimously Approved.
City Manager Wilmarth stated the 2014 Dodge Charger a police department vehicle is once again in the repair shop. Mr. Wilmarth said it is time to replace the vehicle due to the mounting cost to repair the car.
Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to surplus the 2014 Dodge Charger and advertise the vehicle sale on GovDeals.
Motion Unanimously Approved.
City Manager Wilmarth stated in order to “refund” the lease on City Hall to generate the cash to construct the new police station it is necessary to declare the current City Hall and property as surplus, to advertise property for sale, and to accept bids for the sale of the property.
City Manager Wilmarth explained the process to Mayor Roberts and Council Members.
Following discussion, Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to adopt the Resolution supporting the public sale of a certain tract of the real property described in the Resolution; the authorization and ratification of notice of such sale, and the determination of deadlines for the receipt of sealed bids; and for other purposes.
Motion Unanimously Approved.
City Manager Wilmarth stated it is the intent of this Agreement, that in pursuance of law enforcement in and for the City and County, the County and Sheriff will accept, book, and house Inmates for the City, subject to the terms in the Agreement. The City will compensate the County a rate of fifty-five ($55.00) per inmate per day.
Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to enter into the Inmate Housing Agreement between Cherokee County and the City of Ball Ground pending review by City Attorney Caudill.
Motion Unanimously Approved.
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to ratify the authorization of City Clerk Karen L. Jordan to sign any and all documents related to the Swap Closing between the City of Ball Ground and BG Partners, LLC on August 31, 2021.
Motion Unanimously Approved
Item 10: City Manager Comments
City Manager Wilmarth provided Council Members with an unaudited report of account balances, and a statement of revenue and expenditures for the month ended August 31, 2021. Accounts on deposit totaled $1,637,222.74.
Chief Reeves presented a written report of the Police Department’s activity for the month ended August 31, 2021, for Mayor and Council Members to review.
The U.S. Census Bureau has released the 2020 results and it shows that Ball Ground had a population increase of 78%. Our present population is 2,560. Our population according to the 2010 Census data was 1,433.
City Manager Wilmarth also updated Mayor and Council Members on several projects ongoing in the city.
Item 11: Mayor Roberts’s Comments
Mayor Roberts said he hoped the number of COVID cases has peaked. The numbers are still being closely monitored with anticipation of their decline. Mayor Roberts encouraged everyone to get vaccinated.
Mayor Roberts expressed his excitement about the upcoming November 2, 2021, Municipal Election. He said he was flattered to be serving another four-year term. He also wished all the candidates good luck.
Item 12: Council Comments
Council Member Prettyman, Byrd, and Stoner thanked Chief Reeves and the entire staff for their dedicated service to the city.
Council Member Byrd said he appreciated the number of candidates who qualified for the November 2, 2021, Municipal Election.
Item 13: Executive Session – Discussion of Potential Litigation
Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to adjourn into Executive Session to consult with legal counsel pertaining to potential litigation per O.C.G.A. 50-14-2.
Motion Unanimously Approved.
Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to adjourn the Executive Session and reconvene back into the regular council meeting.
Motion Unanimously Approved.
Item 13: Adjourn
After reconvening back into regular session Council Member Byrd put forth a motion, Seconded by Council Member Stoner to adjourn the meeting.
The minutes of this September 9, 2021, City Council Meeting adopted this 14th Day of October 2021.
Regular Meeting of the Mayor and City Council
City of Ball Ground, Georgia
Ball Ground City Hall ~ 7:00 P.M.
MINUTES
August 12, 2021
Item 1: Meeting Called to Order by Mayor Roberts.
Council Members and Staff Present:
John Byrd – Council Member
Mickey O’Malley – Council Member
Andrenia Stoner – Council Member
Lee Prettyman – Council Member
Chris Luly – Director of Planning and Zoning
Darrell Caudill, City Attorney
Donna England, Finance Director
Eric Wilmarth, City Manager
Karen L. Jordan, City Clerk
Donald Campbell – Cherokee Tribune
Item 2: Pledge of Allegiance
Item 3: Approve Agenda
Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the agenda.
Motion Unanimously Approved
Item 4: Appearances – None
Item 5: Public Comments – None
Item 6: Announcements/Informational Items/Project Updates – City Manager
October 16, 2021 9:00AM – 2:00 PM Rivers Alive Event. Participants are asked to meet at City Hall at 9:00 AM
November 11, 2021, City Council Meeting has been rescheduled for November 18, 2021.
Item 7: Approval of July 15, 2021, Council Meeting Minutes and July 30, 2021, Special Called Meeting
Council Member O’Malley put forth a motion, Seconded by Council Member Stoner to approve the minutes of the July 15, 2021, Council meeting as submitted by the City Clerk.
Motion Unanimously Approved.
Council member Stoner put forth a motion, Seconded by Council Member Byrd to approve the minutes of the July 30, 2021, Special Called Council Meeting as submitted by the City Clerk.
Motion Unanimously Approved.
Item 8: Old Business
Development Group
Council Member O’Malley put forth a motion, Seconded by Council Member Stoner to approve the second reading of this agreement as presented.
Motion Unanimously Approved.
Applicant: Lee Lusk – Mineral Spring Road (04N02-018, 020, & 021)
Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to approve a Resolution relative to this annexation of three hundred thirty-four and 06/100 (334.06) acres, tax parcel maps 04N02, Parcels 004A, 008, 018, 020, and 021. The certain property is also described in Exhibit “A” attached hereto and incorporated herein by specific reference, conditioned upon the following specific provisions which shall be met or completed prior to any approval of require permitting as follows:
Council Members Byrd, O’Malley, & Prettyman voted aye in favor of the motion.
Council Member Stoner voted nay against the motion.
The ayes have it, the motion carries
Applicant: Lee Lusk – Mineral Springs Road (04N02-004A)
Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to approve the second reading of the annexation of three hundred thirty-four and 06/100 (334.06) acres, tax parcel maps 04N02, Parcels 004A, 008, 018, 020, and 021. The certain property is also described in Exhibit “A” attached hereto and incorporated herein by specific reference, conditioned upon the following specific provisions which shall be met or completed prior to any approval of required permitting as follows:
Council Members Byrd, O’Malley, & Prettyman voted aye in favor of the motion.
Council Member Stoner voted nay against the motion.
The ayes have it, the motion carries
Item 9: New Business
Applicant: Loyd Development Services – Ball Ground Hwy.
Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to approve the first reading of Annexation Petition 2021-04 as submitted by Loyd Development Services, for 40+/- acres located on Ball Ground Hwy.
Motion Unanimously Approved
City Manager Wilmarth proposed the following items be surplused and sold as a lot sale on GovDeals. If the items are not sold, request approval for the items to be sold as scrap metal, and money be deposited into the general operating expense account. Utility Trailer 6X10, Husqvarna Push Mower, Yardman 22” push mower, Bulldog ATV, Echo Weed Trimmer, Husqvarna 327RJ Trimmer, Husqvarna Trimmer 225R, Husqvarna Trimmer 372RJ, (2) RedMax Trimmers, (2) Ryobi Blowers, KM110R Trimmer, Husqvarna push mower, Yardman 22” push mower, Snapper leaf vacuum, Yard Machine Edger, Norther Tool Snow Blower.
The following items are to be declared surplus and sold on GovDeal to the highest bid: Frontier SS1067B Broadcaster, Bush Hog Brand 5’ Offset Bushhog, and 1993 Ford f-350 Service Truck.
Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to approve the list of items as presented for surplus and sold as recommended by the City Manager.
Motion Unanimously Approved.
Mayor Roberts stated that in 2007/2008 when City Hall was built the original architectural plans were to build three buildings. Based on the cost we opted to build two of the three while delaying the third, which was to house the police department. We have now reached a point where we need the space, and while being successful to obtain the funding we have decided to move forward with the construction of the third building to house the police department.
City Manager Wilmarth presented the financing proposal from Regions Bank. The document reads Regions Equipment Finance Corporation is pleased to furnish a Term Sheet to the City of Ball Ground for a $1,700,000.00 Tax Exempt, Bank Qualified Loan for the purposes set forth. The Borrower anticipated financing the Project, and closing costs associated with the financing, through the Georgia Municipal Association Bricks & Mortar Program.
Purpose: The proceeds of the loan will be used to (a) finance outstanding debt of $834,797 related to the construction of the City Hall/City Administration Building. (b) finance additional debt of $800,000 for the construction of the Police Department, and (c) cost of issuance (collectively, the (“Project”).
Loan Amount: Up to $1,700,000
Structure The Bank Qualified Ta-Exempt Term Loan will be financed through the Georgia Municipal Association Bricks & Mortar Program.
Interest Rate: The Loan is a Tax-Exempt, Bank Qualified Loan
The rate will be 2.40% throughout the term of the loan.
Repayment: Principal and interest shall be payable on the 1st of each month (calculated on the basis of a 30-day month and a 360-day year) commencing one month after closing. All payments are due on the same calendar day of the month.
Maturity Date: Fifteen years after loan closing with a 240-month amortization.
Security: GMA will assign to the Lender its interest in the Installment Sale Agreement, including its right to receive the Base Rental payable under the Installment Sale Agreement, and, in order to secure the repayment to the Lender of the Financing Amount, GMA will convey to the Lender security title to and security interest in the Project by a Deed to Secure Debt.
Mayor asked when the construction would begin.
City Manager Wilmarth replied the anticipated start date would be five to six months.
Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to enter into a Bank Qualified Term Loan for up to $1,700,000 through Regions Equipment Finance Corporation and further agrees with to the conditions contained in Exhibit A of the Term Sheet.
Motion Unanimously Approved
Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the adoption of the City of Ball Ground Development Code as proposed.
Motion Unanimously Approved
Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the request from W. S. Lathem Properties, LLC to accept permanent maintenance and ownership of Harris Court, Covington Dr., sidewalks, street lamps, water, and sewer infrastructure on public right of way and stormwater in Olde Mill Subdivision as identified below:
Motion Unanimously Approved.
A Warranty Deed from W. S. Lathem Properties, LLC for all that tract or parcel of land lying and being in Land Lot 7 of the 3rd District, 2nd Section, Cherokee County, Georgia and being more particularly described as Exhibit “A” (Legal Description) attached hereto and incorporated herein was presented to Council for consideration.
City Manager Wilmarth stated this property is where the Sanitary Sewer Lift Station for the Old Mill Subdivision is located and is being granted to the City of Ball Ground FEE SIMPLE by W. S. Lathem Properties, LLC.
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to accept this property as identified above FEE SIMPLE by W. S. Lathem Properties, LLC.
Motion Unanimously Approved
Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to approve Resolution R-04 requesting that the segment of State Route 372 between Flatbottom Road and State Route 5, thru downtown Ball Ground, also known as Gilmer Ferry Road and A. W. Roberts Drive be abandoned to the City of Ball Ground and removed from the State System upon completion of the proposed SR 32 Spur/Truck Route.
Motion Unanimously Approved
City Manager Wilmarth asked the council to amend the existing fee schedule to add a fee schedule titled Planning and Zoning. The fees are for the following services: Rezoning, Annexation, Variance, Administrative Variance, Signs, Special Land Use Permit, Valley Overlay District Concept Plan Review, Residential Development Site Plan Review, Commercial Development Site Plan Review, Final Plat Review, Zoning Certificate, and Building Permit and Certificate of Occupancy.
Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the Schedule of Fees as related to Planning and Zoning and, Building as presented.
Motion Unanimously Approved.
Council Prettyman put forth a motion, Seconded by Council Member Byrd to approve Resolution R-05, which strongly encourages the State Transportation Board to consider revising the proposed Chapter 672-11 to reimpose a rate for use of municipal rights-of-way as clearly intended by the Georgia General Assembly, and such rate should be adequate to render the use of the municipal rights-of-way n a manner consistent with the Georgia Constitution and not as a gratuity.
Motion Unanimously Approved.
Item 10: City Manager Comments
Item 11: Mayor Roberts Comments
Mayor Roberts commented on the rapid increase in the number of COVID-19 cases in Cherokee County. Because of the increase we are advocating everyone entering City Hall wear a mask and practice social distancing. Signs will be going up around town to remind everyone to practice social distancing even if they are vaccinated. It is anticipated the present surge in COVID cases will peak within the month. Until then, we ask everyone to mask up and practice social distancing.
Mayor Roberts announced he has decided to attempt one more term as Mayor. He stated, we have a number of projects going on and he would like to continue to serve another term in order to see them completed.
Mayor Roberts talked about his attendance at the recent Georgia Municipal Association Annual Conference. He stated he attended a class where he gained information on how to form a Youth Council. Mayor Roberts said it was his intention to establish a Youth Council earlier in the year, but COVID halted the process. Mayor stated he is now hoping to establish a Youth Council before the end of the year. Mayor Roberts stated he is looking forward to having the input of our younger people and teaching them about government operations.
Item 12: Council Comments
Council Member Prettyman thanked Chief Reeves and his department for the wonderful job they do. He also expressed his appreciation to Mayor Roberts for allowing him to attend the Georgia Municipal Association Conference.
Council Member O’Malley thanked Mayor Roberts for the opportunity to attend the Georgia Municipal Association Conference. It’s a great way to educated yourself and connect with other elected officials on common issues we all share. He encouraged the newly elected officials to take advantage of attending the conference.
Council Member O’Malley announced that the fall ball playing season is just around the corner. The fields will be filled with teams from Dizzy Dean, Creekview Jr. Grizzlies Softball, and local ladies’ softball teams.
Council Member O’Malley also expressed his desire to form a youth council. He also attended the class while at the GMA Conference on how to create a Youth Council.
Item 13: Adjourn
There being no further business for Council consideration a motion was duly made and seconded to adjourn.
The minutes of this August 12, 2021, City Council Meeting adopted this 9th Day of September 2021.
Special Called Meeting of the Mayor and City Council
City of Ball Ground, Georgia
Ball Ground City Hall ~ 10:00 AM
Minutes
July 30, 2021
Item 1: Meeting called to order by Mayor Rick Roberts
Council Members Present John Byrd, Mickey O’Malley, Lee Prettyman, and Andrenia Stoner.
Staff Present: City Manager Eric Wilmarth and City Clerk Karen L. Jordan
Mayor Roberts stated that on July 29, 2021, he received the resignation of Council Member Frank Homiller. Council Member Homiller cited that his personal and work changes had made it difficult to effectively perform the obligations of his post, therefore he needed to step aside.
Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to accept the resignation of Council Member Homiller.
Motion Unanimously Approved.
Item 2: Consider Call for Special Election
Council Member O’Malley put forth a motion, Seconded by Council Member Prettyman to call for a Municipal Election to be held November 2, 2021, to fill the unexpired term of Council Member Homiller, Post 3.
Motion Unanimously Approved.
Item 3: Consider Setting Qualifying Dates for Special Election
Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to set the qualifying dates of August 23, 2021 beginning at 9:00 AM through Wednesday, August 25, 2021, at 4:30 PM for the November 2, 2021, Municipal Election.
Motion Unanimously Approved.
Item 4: Adjourn
There being no further business for consideration a motion was duly made and seconded to adjourn at 10:10 PM.
Motion Unanimously Approved.
The minutes of this July 30, 2021, Special Called Meeting approved this 12th Day of August 2021.
________________________________
A.R. Roberts, III, Mayor
Attest: ____________________________
Karen L. Jordan, City Clerk
Ball Ground City Hall
215 Valley Street
Ball Ground, GA 30107
770-735-2123 770-735-4552
