Regular Meeting of the Mayor and City Council

City of Ball Ground, Georgia

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

Minutes

June 10, 2021

Item 1: Meeting Called to Order by Mayor Roberts.

Council Members and Staff Present:

John Byrd – Council Member

Mickey O’Malley – Council Member

Lee Prettyman – Council Member

Chris Luly – City Planner

Darrell Caudill, City Attorney

Donna England, Finance Director

Eric Wilmarth, City Manager

Karen L. Jordan, City Clerk

Donald Campbell – Cherokee Tribune

Council Members Absent:  Frank Homiller and Andrenia Stoner

Item 2: Pledge of Allegiance

Item 3:  Approve Agenda

Council Member O’Malley put forth a motion, Seconded by Council Member Prettyman to approve the meeting agenda.

Motion Unanimously Approved.

Item 4: Appearances

Presentation of GACP Risk Reduction Certificate – Stan Deese, Georgia Municipal Association Director, Risk Management Services,  Dan Beck, LGRMS Director, and Dwayne Orrick, Assistant Executive Director Georgia Association of Chiefs of Police presented Police Chief Bryon Reeves with a Certificate of Completion of the Risk Reduction Program.  Mr. Beck stated the Ball Ground is the third department in the State of Georgia to receive this distinguished award. 

Mr. Beck stated the program is a cooperative effort between the Georgia Municipal Association of Chiefs of Police and the Georgia Interlocal Risk Management Agency to help local law enforcement agencies mitigate potential liability. 

Mayor Roberts and Council Members commended Chief Reeves and his department for achieving this honor.

Sheriff Frank Reynolds also congratulated Chief Reeves and his department on receiving the GACP Risk Reduction Certificate. 

Sheriff Reynolds announced to Mayor Roberts and Council Members the opening of a new Sheriff’s Precinct located at Evenflo Drive and Hwy 5.  Sheriff Reynolds stated the plans to open a Ball Ground Precinct had been in the making for about two years.  Having the precinct in this location will provide a shorter response time to calls in the area. 

Mayor Roberts thanked Sheriff Reynolds and Lieutenant Downey for the support they provide to the City of Ball Ground.

Item 5: Announcements/Informational Items/Project Updates – City Manager

Cherokee County Parks and Recreation conducts a week-long fishing camp each year for kids 8-13 years of age.  Each day they take a field trip to a different location for the kids to fish.  This year they will fish in the pond at Calvin Farmer Park on June 24.

The City’s Annual Fire Works Display will be held on Saturday, June 26 beginning at 9:45 PM.  A concert will be held in Downtown Park beginning at 6:00 PM. 

Item 6: Approval of May 20, 2021, Council Meeting Minutes

Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to approve the minutes of the May 20, 2021, City Council Meeting as submitted in writing by the City Clerk.

Motion Unanimously Approved.

Item 7:  Old Business

1. Consider Second Reading of Lee Lusk/Old Canton Investments, LLC Annexation Petition 2021-A01

  Applicant:   Lee Lusk of Old Canton Investents, LLC – 125 Old Canton Rd

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the second reading of Annexation Petition 2021-A01 as presented.

Motion Unanimously Approved.

1. Consider 2^nd Reading of Application for New Alcohol License:  Licensee Ronald Bryan Choate/ Choate BBQ, LLC, 10150 Ball Ground Hwy, Suite 201

Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to approve the second reading of the application for a new alcohol license for Choate BBQ, LLC as presented.

Motion Unanimously Approved

1. Consider 2^nd Reading of An Ordinance to Amend the Code of Ordinances, City of Ball Ground, Georgia, to provide additional definitions, Micro-Distilleries, and Home Delivery and Sale for Off-Premises Consumption of Alcohol; to provide an effective date; to repeal all Ordinances and parts of Ordinances in conflict herewith, and for other purposes.

Section One: Section 4-19 – Definitions of the Code of Ordinances

Section 4-25 – Micro-distilleries

Section 4-45 – Home Delivery

Section 4-48(b) – Effective Date

Council Member Byrd put forth a motion, Seconded by  Council Member Prettyman to approve the second reading Amending the Code of Ordinances, City of Ball Ground, Georgia as presented.

Motion Unanimously Approved.

Item 8: New Business

1. Consider Zoning Application Case #21-05-014 Old Canton Investments, LLC

Applicant is requesting to rezone 1.5732 +/- acres at 125 Old Canton Road from R-40 (Single-Family Residential) to TND (Traditional Neighborhood Development) within the Valley Overlay District.  If rezoned, the property will be utilized for three (3) single-family detached homes.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the Zoning Application Case #21-05-014 for Old Canton Investments, LLC as presented.

Motion Unanimously Approved

Council Member O’Malley put forth a motion, Seconded by Council Member Prettyman to amend the City of Ball Ground Zoning Map to include this parcel of property identified as 125 Old Canton Road and further described as tax map and parcel number 03N01-108 in the Valley Street Overlay District. 

Motion Unanimously Approved.

1. Consider First Reading of Annexation Application 2021-A02

Applicant: Lee Lusk – Mineral Spring Road (04N02-018, 020, & 021)

Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to deny Annexation Application 2021-A02 as presented.

Motion Unanimously Approved.

1. Consider First Reading of Annexation Application 2021-A03

Applicant:  Lee Lusk – Mineral Springs Road (04N02-004A)

Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to deny Annexation Application 2021-A03 as presented.

Motion Unanimously Approved.

1. Consider First Reading to an amendment to Appendix A-Zoning; Division 104. – District Standards and Permitted Uses: Section 104.14 Valley Overlay District

City Manager Wilmarth stated the purpose and intent and further summarized the special stipulations of the amendment.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the first reading of the amendment as submitted.

Motion Unanimously Approved.

1. Consider First Reading of Application for New Alcohol License: 

Licensee:  Nancy Ann Wurtz/Lora Mae’s

Location:  420 Old Canton Rd.

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to approve the Application for New Alcohol License for Nancy Ann Wurtz/Lora Mae’s as presented.

Motion Unanimously Approved.

Item 9: 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 May 31, 2021.  The report showed cash on deposit totaled $1,819,252.02.

City Manager Wilmarth announced that all the cities signed the Service Delivery Strategy Agreement, and it has been transmitted to the Georgia Department of Community Affairs for review.  It is anticipated Ball Ground will regain its Local Qualified Government status within the next 30 to 45 days. 

The City has been notified by the Cherokee County Tax Commissioner of  a glitch in the state software system.   The amount of Ad Valorem tax paid to the City has been miscalculated resulting in an overpayment of approximately $53,000.00 to the City.  City Managers will be asking for a meeting with the County Tax Commissioner to discuss this issue.

City Manager Wilmarth asked council members to consider approving a 4.633 millage rate for the 2021 city property tax at the July Council Meeting.   He stated 4.633 would not be an increase but would be considered revenue neutral. 

The City of Ball Ground is expected to receive an estimated $819,000.00 under the American Rescue Plan.  The City will receive half of the funds this year and the remaining funds in 2021.  A list of projects identifying how the funds are to be spent is underway.

Plans to renovate the Community Center next year are being considered.  The renovation project will be funded with monies from the Special Purpose Local Option Sales Tax.

Quotes for the repair and upgrade to the tennis courts are being accepted.  This project will be presented to Mayor and Council for consideration at the July Council Meeting.

Item 10: Mayor Roberts Comments

               Mayor Roberts announced he would be speaking to the Cherokee County   Chamber of Commerce Leadership Class about the City.  This has become an annual event for the class to visit and learn more about Ball Ground each year.

               The Ball Ground Garden Club is hosting its annual plant sale on Saturday, June 12, 2021.  Mayor Roberts commented on the amount of work the members put into the Botanical Garden and the efforts they have put into organizing the plant sale and festival.  He said the garden is a big benefit to the city, and he receives many positive comments on its beauty.  It is nice to have it located on the grounds of City Hall.

Item 11:  Council Comments

Council Member O’Malley reported on the increase in activity for the sport of  Pickle Ball.  The teams are looking forward to the improvement of the courts.

Council Member Prettyman expressed his appreciation to Chief Reeves and his officers.  He stated they do a fine job and their work does not go unnoticed.

Mayor Roberts stated so many departments have issues, but not ours.  They know the right thing to do and they do it.

Item 12:  Public Comments – None

Item 13:  Adjourn

There being no further business for consideration the meeting adjourned at 8:05

PM.

The minutes of this June 17, 2021, Council Meeting approved this 15^th Day of July 2021. 

______________________________

A.R.. Roberts, III, Mayor

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

May 20, 2021

Item 1: Meeting Called to Order by Mayor Roberts.

Council Members participating via Zoom:  John Byrd, Mickey O’Malley

In-person participation:  Mayor Roberts, John Byrd, Andrenia Stoner

Council Members participating VIA phone:  Frank Homiller & Mickey O’Malley

Council Member Lee Prettyman was absent

Staff in person:  Eric Wilmarth, Karen Jordan, Darrell Caudill, Donna England & Chris Luly

Donald Campbell, Cherokee Tribune, attended the meeting.

Item 2: Pledge of Allegiance

Item 3:  Approve Agenda

Motion by Council Member Byrd, Seconded by Council Member Stoner, to amend the agenda to add Item 8 (h) under New Business:   Consider adoption of Services Delivery Strategy Agreement

Item 4: Appearances – None

Item 5: Announcements/Informational Items/Project Updates – City Manager

Farmers Market ongoing every other weekend  in City Park through October

Cherokee County Parks and Recreation conducts a week-long fishing camp each year for kids 8-13 years of age.  Each day they take a field trip to a different location for the kids to fish.  This year they will fish in the pond at Calvin Farmer Park on June 10^th.

Annual Fireworks Display will be held on Saturday, June 26 beginning around 9:00 PM

Item 6: Approval of March 11, 2021, Council Meeting Minutes

Council Member Stoner put forth a motion, Seconded by Council Member Byrd, to approve the minutes of the March 11, 2021, City Council Meeting.

Motion Unanimously Approved.

Item 7:  Old Business

1. Consider Second Reading of FY 2021/2022 Budget Mayor Roberts noted that the budget had been properly advertised, and a public hearing was held on May 6, 2021, with only staff in attendance.  No public comments were received.

Mayor Roberts stated this budget is the largest in the City’s history.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley, to approve the FY 2019-2020 Operating Budget as submitted. 

Motion Unanimously Approved.

Item 8: New Business

1. Consider Proclamation – National Garden Week June 6-12

Council Member Byrd put forth a motion, Seconded by Council Member Stoner, to approve a proclamation signed by Mayor Roberts, designating the week of June 6-12, 2021 as National Garden Week in the City of Ball Ground.

Motion Unanimously Approved.

1. Consider 1^st Reading of Lee Lusk/Old Canton Investments, LLC Annexation Petition 2021-A01 

Applicant:   Lee Lusk of Old Canton Investents, LLC – 125 Old Canton Rd

Council Member Homiller put forth a motion, Seconded by Council Member Byrd, to approve the second reading of Annexation Petition 2021-A01 as submitted by Lee Lusk,  for property located 125 Old Canton Rd.

Motion Unanimously Approved   

1. Consider Adoption of Updated Fee Schedule for Water Rates

City Manager Wilmarth recommended the addition of a 6^th  tier to the water rate structure for users that consume an excess of 20,000 gallons of water per month.  The rate would be $10.00 per one thousand gallons for all water consumed over  20,000 gallons of water each month.

In addition to the adoption of the 6^th tier, a new rate would be established for new developments after July 1, 2021, that would require the City to supplement the system by purchasing water from CCWSA. 

Council Member Byrd put forth a motion, Seconded by Council Member Stoner to adopt the proposed water rate schedule as submitted.

Motion Unanimously Approved.

1. Consider DDA Appointments

Mayor Roberts proposed Council Members consider the appointment of Ryan Turnage and Darrell McNeal to the Downtown Development Authority.  Each to serve a four (4) year term expiring January 2025.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to appoint Ryan Turnage, and Darrell McNeal to the Downtown Development Authority for a four (4) year term expiring January 2025.

Motion Unanimously Approved.

1. Consider ZBA Appointments

Mayor Roberts proposed the appointment of Scott Barnes to the City of Ball Ground Zoning Board of Appeals for a term of three (3) years, expiring January 2025.

Council Member Stoner put forth a motion, Seconded by Council Member Byrd, to appoint Scott Barnes to the Zoning Board of Appeals for a term of three (3) years expiring January 2025.

Motion Unanimously Approved

1. Consider 1^st Reading of Application for New Alcohol License:  Licensee Ronald Bryan Choate/ Choate BBQ, LLC, 10150 Ball Ground Hwy, Suite 201

Council Member O’Malley put forth a motion, Seconded by Council Member Byrd, to approve the first reading of the application submitted by Bryan Choate for a new Alcohol License for 10150/Suite 201 Ball Ground Hwy.

Motion Unanimously Approved

1. Consider 1^st Reading of Changes to Alcohol Ordinance

An Ordinance to Amend the Code of Ordinances, City of Ball Ground, Georgia to provide additional definitions, Micro-Distilleries, and Home Delivery and Sale for Off-Premises Consumption of Alcohol; to provide an effective date; to repeal all Ordinances and parts of Ordinances in conflict herewith; and for other purposes.

Section One: Section 4-19 – Definitions of the Code of Ordinances

Section 4-25 – Micro-distilleries

Section 4-45 – Home Delivery

Section 4-48(b) – Effective Date

All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed on the effective date of this ordinance.

City Manager Wilmarth summarized each of the amendments for council discussion. 

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley, to accept the first reading of the proposed changes as submitted.

Motion Unanimously Approved.

1. Consider an Intergovernmental Agreement for the Implementation of the Service Delivery Strategy by and between Cherokee County, Georgia, a political subdivision, acting by and through its Board of Commissioners (hereafter, the “County”), and Cities of Ball Ground, Canton, Holly Springs, Mountain Park, Nelson, Waleska, and Woodstock, municipalities acting by and through their Mayor and Council (hereinafter, collectively the “Cities”).

City Manager Wilmarth presented an overview of the Service Delivery Strategy document

Council Member Stoner put forth a motion, Seconded by Council Member Byrd, to authorize Mayor Roberts to execute the Service Delivery Strategy, and all other related documents with Cherokee County Board of Commissioners.

Motion Unanimously Approved.

Item 9: City Manager Comments

Officer Matt Young was awarded a plaque by Chief Bryon Reeves for his act of valor on February 28, 2021, when he initiated a traffic stop on two known armed men from Alabama.  Officer Young selflessly pursued the individuals knowing they were armed and dangerous. Although the two men fired their weapons upon Officer Young, he was able to keep them from leaving the scene until backup arrived, and they were apprehended.

Mayor Roberts also commended Officer Young for his heroic actions.  He stated we have a small, but outstanding police department, and we’re glad to have Officer Young as a member of the department. 

City Manager Wilmarth also commended Officer Young and the other members of the department for their quick response to this event. 

City Manager Wilmarth provided Council Members with an unaudited report of account balances, and a statement of revenues, and expenditures for the month ended April 30, 2021.  The report showed cash on deposit totaled 1,921,405.27

City Manager provided updates on the progress of several ongoing projects around the City.

Chief Reeves presented a written report of the Police Department’s activities for the month ended April 30, 2021. 

Item 10: Mayor Roberts

               Mayor Roberts commented on the improvement of the number of COVID-19 cases in Cherokee County.  Currently, we are down to 80 cases per 100,000 people.  This is the lowest number of cases in many, many months.   Because of the decline, this is our first meeting without the requirement of wearing a mask.

Mayor Roberts stated it was with pleasure to announce the opening of the Community Center and City Gym for event rentals and City Park for concerts and other outdoor events.  Ball Ground is open and we welcome visitors and tourists to visit us soon.

Item 11:  Council Comments

                Council Member O’Malley stated he had been approached by the local Pickle Ball

                Club asking that one of the two tennis courts be converted to an official Pickle

                Ball Court.

                 City Manager Wilmarth responded that he was asking for quotes for the conversion, and once they were all in he would forward them to Council Member O’Malley and the Recreation Committee for review.

Council Member O’Malley announced that the first baseball tournament of the season would be held this weekend.  He expected this to a great boost to the downtown businesses.

Council Member O’Malley announced that he would not seek reelection at the end of his current term.  Since being retired, it was time to spend more time with family.  Council Member O’Malley said he was proud to have been part of the council and the work they have accomplished.

Mayor Roberts stated he was sorry to hear this announcement, and expressed his thanks to Council Member O’Malley for being a very important part of the City Council over the years, and for the countless hours he had contributed towards the betterment of our parks and recreation activities. 

Item 12:  Public Comments

               Scott Buckner of 166 Cherokee Village Drive addressed the council concerning a       situation he was having with the entrance of his driveway.  He stated recently the driveway has begun to sag, and crack in the area where a sewer line was installed many years ago. Mr. Buckner stated he was concerned there was a water leak under the driveway causing the problems since a water line runs under his driveway.  He asked if the city could investigate his concerns. 

Mayor Roberts asked if there were other driveways having the same issues.  Mr. Buckner stated he did not know of any.

City Manager Wilmarth stated he would have the water department crew investigate the problem.

Bill Manning of 300 John Mason Court, asked Mayor Roberts and Council Members about information he had heard concerning the Ball Ground Police Department being unable to use speed detection devices, the number of ducks killed by drivers, and the recent removal of ducks from Calvin Farmer Park.

City Manager Wilmarth stated unknown person(s) recently reported the City to several animal activist groups which come to the park and determined the ducks and geese were not being properly cared for.  The group(s) then removed the ducks and geese to another location where they would be properly cared for.  The group then provided the City with ways to provide proper care for the ducks if they were to be returned.  City Manager Wilmarth stated that at this time with the small staff we have, it’s not possible to meet their requirements.  City Manager Wilmarth discouraged residents from dropping off their unwanted ducks and geese at Calvin Farmer Park.

City Manager addressed the concerns of Mr. Manning as related to the Police Departments’ inability to use speed detection devices at this time.  He stated it is our belief this matter will soon be resolved.  Until then, Chief Reeves, and his department will continue to patrol the City as usual.

Item 13:  Adjourn

  There being no further business for mayor and council consideration a motion   

                was duly made and seconded to adjourn.

The minutes of this May 20, 2021, City Council Meeting approved this 10^th  Day of June 2021.

______________________________

1. R. Roberts, III, Mayor

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

April 8, 2021

Item 1: Meeting Called to Order by Mayor Roberts

Council Members participating via Zoom:  John Byrd, Mickey O’Malley

In-person participation:  Mayor Roberts, Lee Prettyman, Andrenia Stoner

Staff in person:  Eric Wilmarth, Karen Jordan, Darrell Caudill

Donald Campbell, Cherokee Tribune participated via Zoom

Item 2:  Approve Agenda

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve the agenda as submitted.

Motion Unanimously Approved

Item 3: Appearances – None

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

Farmers Market begins on May 15, 2021, and continues every other weekend until October in City Park.

The Ball Ground Garden Club will hold its Annual Spring Plant Sales on Saturday, June 12, 2021, from 10AM to 4PM in the Botanical Garden.

The City’s annual fireworks display will be held on Saturday, June 26, 2021.

Item 5: Approval of March 11, 2021, Council Meeting Minutes

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to approve the minutes as submitted. 

Motion Unanimously Approved

Item 6:  Old Business

1. Consider Second Reading to amend The Code of the City of Ball Ground Appendix A – Zoning Division 105.-Supplementary District Regulation; Sec. 105.4 Fences and Walls

Council Member O’Malley put forth a motion, Seconded by Council Member Prettyman to approve the second reading of the amendment to the code as submitted.

Motion Unanimously Approved

Item 7: New Business

1. Consider First Reading of Budget Effective July 1, 2021

City Manager Wilmarth submitted the FY 2021/2022 Budget for Council consideration.

• In the General Operating Fund Budget, the projected total revenue of $1,399,810.00 is an increase of 8.8% over the previous year.   This budget anticipated the increase of ten million dollars (at the 40% value) to the tax digest and an increase to the reserve fund of twenty thousand dollars. 

• SPLOST is projecting total revenue of $582,100.00 based on receipts for the first 6 months of 2021.  SPLOST currently has a debt owed to the General Fund of approximately $130,000.00 for an advance to complete a project.

• Water and Sewage Budget project revenue of $2,053,400.00 for the coming year.  While this budget does not project a rate increase to the average customer, it does provide a significant rate increase on specific users such as customers using over 20,000 gallons per month and customers with a 2 inch or larger water meter. 

• Storm Water Utility Fund expects revenue of $42,250.00 for the coming year.  These funds will provide for the initial inspection of all detention ponds.

• Solid Waste Fund reflects a 12.3% increase over the previous year due to the anticipated growth within the City.

• Total budget reflects a 20.3% increase over the previous FY 2020/2021 Budget.

Budget totals are as follows:

General Fund $1,399,810.00

Fire District Tax $   392,750.00

SPLOST $   582,100.00

Water/Sewer $2,053,400.00

Storm Water $     42,250.00

Solid Waste $   262,200.00

Total $4,732,510.00

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve the budget as submitted.

Motion Unanimously Approved

Mayor Roberts announced a budget hearing would be held on Thursday, May 6, 2021, at 6:00 PM in Council Chambers.

1. Consider Resolution Declaring April as National Safe Digging Month

Council Members unanimously approved a Resolution declaring April as National Safe Digging Month in the City of Ball Ground.

1. Consider Adoption of City Official Zoning Map

Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to approve the 2021 City Zoning Map as submitted.

Motion Unanimously Approved.

1. Consider Purchase of Police Vehicle

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to authorize the purchase of a 2021 Ford Explorer from Akins Ford.  The vehicle will be purchased through the Georgia Municipal Association Direct Leasing Program.

Motion Unanimously Approved

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley.

1. Transfer of Alcohol License

Licensee:  Guadalupe Fuentes/Pueblo Grill 2, LLC, 10150 Ball Ground Hwy

City Manager Wilmarth stated Mr. Guadalupe Fuentes submitted his application for a change in partnership in Pueblo Grill 2, LLC.  The business has been operated by a partnership until recently.  Per City Ordinance in the event of a change of ownership of a business for which an individual has been issued a license, the new owner, if desiring a license, meets the qualifications, files an application, and tender with the application all the administrative and investigatory fees as provided in this division as well as any license fee that may be due, a license can be issued.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the transfer of the alcohol license to Mr. Guadalupe Fuentes.

Motion Unanimously Approved.

Item 8:  City Manager Comments

City Manager Wilmarth provided Council Members with an unaudited report of account balances, and a statement of revenues and expenditures for the month ended March 31, 2021.  The report showed cash on deposit totaled 1,902,231.62.

City Manager provides updates on the progress of several ongoing projects around the City.

Chief Reeves presented a written report of the Police Department’s activities for the month ended March 31, 2021. 

Chief Reeves updated Mayor Roberts and Council Members on the status of the Risk Reduction Certificate Program the department is participating in. The program is a cooperative effort between the Georgia Municipal Association of Chiefs of Police and the Georgia Interlocal Risk Management Agency to help local law enforcement agencies mitigate potential liability.  Chief Reeves said the 6-Step Process is nearing completion and is scheduled to be reviewed for approval within the month.

Item 9:  Mayor Roberts

Mayor Roberts spoke on the “It’s Worth a Shot” campaign the Georgia Municipal Association is using to encourage Georgians to get vaccinated against COVID-19.  The goal of the campaign is to reach a 70%-80% vaccination rate so as to achieve herd immunity in 2021.

Mayor Roberts announced he would propose a plan to separate the Downtown Development Authority from the Main Street Board for council members to consider at the May Council meeting. 

Item 10:  Council Comments

Council Member Stoner thanked Chief Reeves and his department for their assistance in a recent incident she was involved in.

Item 11:  Public Comments

Michele Evans, business owner and resident of 106 Covington Drive said she is thankful for the police department and the work they do in the community.  She said Ball Ground is a great place to live and work.  Ms. Evans is the owner and operator of Ball Ground Beauty Spot located at 140 Valley St.

Item 12:  Adjourn

There being no further business for consideration Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to adjourn at 7:50 PM.

Motion Unanimously Approved

The minutes of this April 8, 2021, City Council Meeting approved this 20^th Day of May 2021.

_______________________________

1. R. Roberts, III, Mayor

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

March 11, 2021

In order to limit the number of individuals present in Council Chambers and to provide for social distancing as recommended by the Centers for Disease Control and Prevention, Council Members O’Malley, Prettyman, and Stoner participated via teleconference call. 

Other staff participating via teleconference: Finance Director Donna England and Chris Luly, Planning and Zoning and City Attorney Darrell Caudill.

Mayor Rick Roberts, City Council Member John Byrd, City Manager Eric Wilmarth, and City Clerk Karen Jordan were present in Council Chambers for the meeting. 

Item 1: Meeting Called to Order by Mayor Roberts.

Item 2:  Approve Agenda

Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to approve the agenda with the omission of Item 7 (f) and (g).

Motion Unanimously Approved

Item 3: Appearances – None

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

City Manager Wilmarth announced that the Ball Ground Farmers Market would begin in April.  The event would be held in City Park every other Saturday.

Item 5: Approval of January 14, 2021, Council Meeting Minutes (February meeting canceled)

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to approve the minutes of the January 14, 2021, Council Meeting as submitted by the City Clerk.

Motion Unanimously Approved

Item 6:  Old Business

Consider Second Reading of Ordinance to designate Valley Street as a “No through truck street.”

Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve the second reading of this Ordinance.

Motion Unanimously Approved

Item 7: New Business

1. Consider Possible Lease with Georgia Northeastern RR for Downtown Parking

A Land Lease Agreement between the Georgia Northeastern Railroad Company LLC and the City of Ball Ground Downtown Development Authority for consideration of the rents hereinafter agreed to be paid by Lessee, and of the covenants and agreements herein to be kept and performed by Lessee, Lessor hereby leases unto Lessee solely for the purpose herein expressed certain land abutting the eastern edge of the .2737 acre parcel comprised of lots 4 and 5 and extending seventy-five feet (75′) into Lessor’s right-of-way (hereinafter the “Premises”), shown in Plat Book 118, Page 1900, City of Ball Ground, County of Cherokee, Georgia, attached and incorporated herein as Exhibit A, and on the terms and conditions as specified in the Land Lease Agreement was presented to council for consideration.

Mayor Roberts stated this property would create an area for much-needed downtown parking.   

City Manager Wilmarth asked Council Members to consider entering into the Land Lease Agreement for a term of five (5) years commencing on May 1, 2021, in the amount of $5,456.07, payable annually in advance with the first payment commencing upon May 1, 2021, pending final review by City Attorney Caudill.

Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to enter into the Land Lease Agreement pending final approval by City Attorney Caudill.

Motion Unanimously Approved.

1. Consider Employment Contract for Chief of Police

An agreement between Robert B. Reeves, Chief of Police, and The City of Ball Ground for employment was presented to Council for consideration.   The contract states Robert B. Reeves, Chief of Police shall continue for a term beginning the 1^st Day of April 2021 and end on the 31^st Day of March 2024 unless extended or terminated sooner as provided in the agreement.

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve the Chief of Police Contract as submitted.

Motion Unanimously Approve.

1. Consider Employment Contract for City Manager

An agreement between Eric Wilmarth, City Manager, and The City of Ball Ground for employment was presented to Council for consideration.  The contract states Eric Wilmarth, City Manager continues his employment with the City as of July 1, 2021, and may terminate on June 30, 2025. 

Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to approve the City Managers Contract as submitted.

Motion Unanimously Approved.

1. Consider Declaration of Surplus Property (2014 Dodge Charger)

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to declare police vehicle #1 identified as a 2014 Dodge Charger, vehicle identification number 2C3CDXAT1EH186139 as surplus and sold on GoveDeals.

Motion Unanimously Approved

1. Consider First Reading to amend The Code of the City of Ball Ground Appendix A – Zoning Division 105.-Supplementary District Regulation; Sec. 105.4 Fences and Walls

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to approve the first reading to amend The Code of the City of Ball Ground Appendix A – Zoning Division 105.-Supplementary District Regulation; Sec. 105.4 Fences and Walls as proposed.

Motion Unanimously Approved

1. Consider Intergovernmental Agreement for Cherokee County to Conduct City Elections

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to approve entering into an Agreement between the City of Ball Ground and Cherokee County to conduct City Elections under terms and conditions contained in the agreement.

Motion Unanimously Approved

Item 8:  City Manager Comments

City Manager Wilmarth provided Council Members with an unaudited report of account balances, and a statement of revenues and expenditures for the month ended February 28, 2021.  The report showed cash on deposit totaled 1,98,243.16.

City Manager Wilmarth requested Council consider approval of The FIRST AMENDMENT (hereinafter “First Amendment”) to the Intergovernmental Agreement for Transportation Improvement Projects entered into on or about October 20, 2020 between Cherokee County and City of Ball Ground. 

The Amendment stated that in consideration of the mutual covenants and promises contained herein the sufficiency of which are acknowledged by both Parties, the Parties would agree to amend the Agreement as follows:

AMENDMENT TO SECTION 3 OF AGREEMENT.  The City will agree to reimburse the County for all material costs and fuel costs associated with such resurfacing potions of Northridge Road, Lowery St., and Densmore St.  Specifically, City agrees to provide County financial compensation in the amount of $25,944.00.  The City will appoint a Project Manager who will work with the County to obtain any and all needed approvals necessary to complete said Project.

Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to amend the Intergovernmental Agreement for Transportation Improvement Projects entered into on or about October 20, 2020, between Cherokee County and City of Ball Ground to include the resurfacing or portions of Northridge Road, Lowery St. and Densmore St..

Motion Unanimously Approved.

Chief Reeves presented a written report of the Police Department’s activities for the month ended February 28, 2021. 

City Manager Wilmarth also updated Mayor and Council Members on other ongoing projects throughout the City. 

Item 9:  Mayor Roberts

Mayor Roberts briefed Council Members on his weekly participation of the Georgia Municipal Association conference call which provides a comprehensive update on COVID-19.  The information provided to elected officials provides detailed statistics on cases, hospitalizations, infection rates, deaths, trends, and other pertinent information specific to Georgia. 

Mayor Roberts stated that state statistics show, Cherokee County has the least number of people vaccinated and the greatest number of COVID cases.  He encouraged staff to encourage others to do their part and get vaccinated. 

Mayor Roberts stated we had not received the final count of the 2020 Census.  However, the preliminary numbers being circulated show the population count for Ball Ground at 2300.  It is anticipated we will have an approximately 50% increase in population over the 2010 Census. 

Mayor Roberts stated he had discussed with Eric the possibility of splitting the Downtown Development Authority (DDA) and Main Street Board.  Mayor Roberts stated he would like for the DDA to be more focused on marketing the downtown.  Consideration of this proposal would be put forth to Council at the April meeting.

Mayor Roberts thanked City Manager Wilmarth for his dedicated service to the City during the past year.  Mayor Roberts said the City faced some challenges throughout the Pandemic.  But, thanks to our city manager none of the challenges slowed the City down. 

City Manager stated we have a staff second to none.  Their longevity counts for our success.

Mayor Roberts announced that Council would have a work session on Wednesday, March 17, 2021, at 7:00 PM via Zoom. 

Item 10:  Council Comments

Council Member Byrd reported that the Water Committee is reviewing the existing water rate structure.  Once they have completed the study a draft of the new rate structure will be presented to the council for review.

Item 11:  Public Comments

Item 12:  Adjourn

There being no further business for Council consideration, a motion was duly made and seconded to adjourn at 7:45 PM.

The minutes of this January 13, 2021, City Council Meeting approved this 8^th  Day of April  2021.

Regular Meeting of the Mayor and City Council

City of Ball Ground, Georgia

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

Minutes

January 14, 2021

Item 1: Meeting Called to Order by Mayor Roberts.

In order to limit the number of individuals present in Council Chambers and to provide for social distancing as recommended by the Centers for Disease Control and Prevention, Council Members Byrd, Homiller, O’Malley, Prettyman, and Stoner participated via teleconference call. 

Other staff participating via teleconference: Finance Director Donna England and Chris Luly, Planning and Zoning.

City Manager Eric Wilmarth and City Clerk Karen Jordan were present in Council Chambers for the meeting. 

Item 2: Pledge of Allegiance

Item 3:  Approve Agenda

Council Member Stoner put forth a motion, Seconded by Council Member O’Malley to approve the agenda with Items 4, 8 (e) & (f) removed and adding Resolution 2021-R03. 

Motion unanimously approved.

Item 4: Appearances – None

Item 5: Announcements/Informational Items/Project Updates – City Manager

City Manager Wilmarth announced there would be a virtual meeting of the Cherokee Municipal Association on Thursday, January 28, 2021, at 6:00 PM.

City Manager Wilmarth informed Council Members about the Wellness Program employees are participating in.  Because of the effort of the employees, there was a reduction in the premium cost of $704.42. 

Mayor Roberts congratulated our city staff for their efforts to get healthy and encouraged them to keep up the good work.

Item 6: Approval of November 12, 2020, Council Meeting Minutes

(December meeting canceled)

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve the minutes of the November 12, 2020, Council Meeting as submitted by the City Clerk.

Motion unanimously approved.

Item 7:  Old Business – None

Item 8: New Business

1. Consider Appointment of Mayor Pro Tem

Council Member Prettyman put forth a motion Seconded by Council Member Stoner to appoint Council Member John Byrd as Mayor Pro Tem for the ensuing year.

Motion unanimously approved.

1. Consider Appointment of 2021 Department Heads, Committees and Board Members

The following Department Heads and Committees were appointed by Mayor Roberts and confirmed unanimously by the City Council.

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 Supervisor Karen L. Jordan

Clerk of Court Karla Weaver

Assistant Clerk of Court Karen L. Jordan

Municipal Court Judge Gary Markwell

Tree Board

Karen Jordan, Chairman

Dennis Holt

Diane Smit

Mayor Roberts

The sitting president of the Ball Ground Garden Club

Zoning Board of Appeals

David Kubala

Daniel Sisson

Jennie Byers

Jeremy Parker

Ellen Goldberg

Mayor Roberts appointed five (5) committees and asked that each one report back to Council at least two (2) times during the year at Council Meetings.  The committees are as follows:

Council Committees Chair Other Staff

Finance, Insurance & Personnel Andy Mickey & Frank Donna

Parks & Recreation Mickey Andy & Lee Karen

Roads, Streets & Sidewalks Frank John & Andy Eric

Water, Sewer & Sanitation John Lee & Frank Eric

Public Safety Lee John & Mickey Chief Reeves

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

Executive Committee

Mayor, Mayor Pro Tem, and City Manager

Council Member O’Malley to serve as an alternate to the Executive Committee in the event anyone of the committee members is unable to attend a meeting.

1. Reaffirm Check Signers for any/all banking/checking accounts

Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to authorize Mayor Roberts, City Manager Eric Wilmarth, City Clerk Karen Jordan and Police Chief Bryon Reeves as check signers for any/all banking/checking accounts. Two of the named signers are to sign any and all checks $500.00 and over.

Motion Unanimously Approved

1. Consider Establishing and Fixing Qualifying Fees for Municipal Elections per O.C.G.A. §21-2-131(1)(a)

Council Member Byrd 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

1. Consider Adoption of Zoning Map – Removed for consideration

1. Consider Adoption of Schedule of Service Fees-Removed for consideration

1. Consider Arbor Day Proclamation 2021-01

Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley proclaiming February 19, 2021, as Arbor Day in The City of Ball Ground.  A tree planting will take place at a time to be determined on this date.

Motion Unanimously Approved

1. Consider request from JBJ Properties to accept permanent maintenance and ownership of roads, sidewalks, street signs, and stormwater infrastructure in Heritage Woods Subdivision.

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve a Resolution 2021-R1 to accept and authorize certain streets and storm drains in Heritage Woods Subdivision to become publicly maintained streets.

Motion Unanimously Approved

1. Consider Resolution to change the name of Gilmer Ferry Road to Main Street

Council Member Prettyman put forth a motion, Seconded by Council Member O’Malley to approve a Resolution 2021-R2 to announce the changing of Gilmer Ferry Road to Main Street. 

Motion Unanimously Approved

1. Consider Ordinance to designate Valley Street as a “No Thru Truck Street.”

Council Member O’Malley put forth a motion, Seconded by Council Member Stoner to adopt an Ordinance to designate Valley Street as a “No Thru Truck Street.”

Motion Unanimously Approved.

1. Consider Map Amendment to increase the Valley Overlay District

City Manager Wilmarth explained that approximately two (2) months ago a track of land was annexed into the City.  Half of the property was already inside the City while a portion of the property was not.  The property located outside the City had a different land use classification and since annexed it needed to conform with the property already inside. 

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to extend the Valley Overlay District classification to cover the entire parcel of property identified as map and parcel number 04N04-031B. 

Motion Unanimously Approved.

1. Commitment for Street Light Funding of GDOT Roundabout-SR 372 Spur Estimated cost $1,500.00 per year.

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to obligate funding for the monthly cost of street lights to be placed at the Roundabout-SR 372 Spur constructed by the Georgia Department of Transportation. 

Motion Unanimously Approved.

1. Consider Resolution 2021-R3 Acknowledging the City of Ball Ground’s Commitment to Reduce the Spread of COVID-19.

Mayor Roberts commented on the current status of COVID-19.  He stated that until there are more people vaccinated and tested it is going to be hard to get the virus under control.  At present time Cherokee County is one of the top counties in the state for testing and a positive number of cases.  Presently we are at 20%, whereas last summer our positive number of cases was at 7/8%.  We are being encouraged by the Georgia Municipal Association to support efforts to minimize the risk of spreading COVID-19. Although some cities have enacted ordinances mandating the wearing of masks, we are reiterating our support for those policies and actions ordered by Governor Kemp. 

City Manager Wilmarth read the ordinance stating strategies to be taken immediately.  They are: 

1. Customers/Residents visiting City Hall must wear a mast while in City Hall
2. City employees shall wear a mask whenever outside their personal office space
3. City employees shall wear a mask when meeting with other staff or the public
4. Patrons at all City Parks and Facilities will be expected to socially distance themselves from individuals with who they do not reside
5. Public gatherings shall not exceed 50 individuals unless social distancing can be achieved and is adhered to
6. Servers in all restaurants shall wear masks when engaging with the public and tables will be arranged to achieve six-foot separation or barriers shall be erected

Council Member Stoner put forth a motion, Seconded by Council Member Homiller supporting the passage of Resolution 2021-R3.

Motion Unanimously Approved

Item 9: City Manager Comments

City Manager Wilmarth provided Council Members with an unaudited report of account balances, and a statement of revenues and expenditures for the month ended December 31, 2020.  The report showed cash on deposit totaled $2,049,975.67

City Manager Wilmarth also updated Mayor and Council Members on several ongoing projects throughout the City. 

Item 10: Mayor Roberts

Mayor Roberts stated he had decided to delay council’s annual planning retreat until later late spring or early summer.

Council Members were encouraged to participate in the Georgia Municipal Associations weekly call with a comprehensive update on COVID-19.

Mayor Roberts said he hoped to achieve two goals this year.  One is for the DDA to become active again, and the second is to complete and adopt a Historic Preservation Ordinance.

Item 11:  Council Comments

Council Member O’Malley expressed his excitement to introduce an online reservation link for the purpose of scheduling the use of city parks and facilities on the City’s Webpage.  We stated it is his desire to bring this service online later this year.

Council Members each expressed their appreciation to Chief Reeves, his officers, and the entire city staff for the work they perform each day.

Council Member Prettyman expressed his desire to require all new homes being constructed to have at least one (1) car garage and to prohibit on-street parking.  City Manager Wilmarth stated there was no code to regulate a house must have a garage.

Item 12:  Public Comments

Item 13:  Executive Session (If Needed)

Item 14:  Adjourn

There being no further business for mayor and council consideration a motion was put forth by Council Member Stoner, Seconded by Council Member O’Malley to adjourn the meeting.

The minutes of this January 13, 2021, City Council Meeting approved this 11^th Day of March 2021.