The work session and agenda-setting meeting of the Board of Commissioners of Catoosa County, Georgia was held on October 21, 2003 at 6:00 p.m. in the Catoosa County Courthouse Conference Room in Ringgold, Georgia.

After a discussion of the preliminary agenda, Chairman Long called the agenda-setting meeting to order. The following Commissioners were present: Winford Long, Chairman; Mark Fletcher, Commissioner, District One; Robert Winters, Commissioner, District Two; James F. Emberson, Commissioner, District Three; and Ronald Gracy, Commissioner, District Four.

The preliminary agenda was amended as follows: Add to New Business: Inert Landfill Application and Tax Resolution to Representative Forster.

The regular meeting of the Board of Commissioners of Catoosa County, Georgia was held on October 21, 2003 at 7:00 p.m. in the Catoosa County Courthouse Annex in Ringgold, Georgia.

The invocation was given by Dr. Keith McLeod of Boynton Baptist Church, followed by the Pledge of Allegiance.

Chairman Long announced the changes to the agenda.

Chairman Long called the meeting to order. The roll was called and the following Commissioners were present: Winford Long, Chairman; Mark Fletcher, Commissioner, District One; Robert Winters, Commissioner, District Two; James F. Emberson, Commissioner, District Three; and Ronald Gracy, Commissioner, District Four.

PURCHASING POLICY REPORT County Manager Vickrey presented the current Purchasing Policy Report. Motion by Commissioner Winters, seconded by Commissioner Gracy, to approve the Purchasing Policy Report as presented; motion carried unanimously. [Attached hereto as Exhibit A]

DOT CONTRACT FOR JOB NO. PR 000-S005-00 (822) Mr. Vickrey presented the standard DOT Contract No. PR 000-S005-00 (822) in the amount of $72,482.86 for resurfacing portions of seven County roads under the LARP program: Hargrove Road, Tipton Drive, Pine Hill Drive, Everett Road, Hamil Hollow Road, Bandy Lane, and Dylan Drive. Motion by Commissioner Gracy, seconded by Commissioner Winters, to approve the contract and authorize County Manager Vickrey to sign the contract. Commissioner Gracy amended his motion per the DOT instructions to authorize Chairman Long to sign the contract; Commissioner Winters agreed to the amendment and the motion carried unanimously. [Contract on file in Commission Office]

COUNTY MANAGER REPORT County Manager Vickrey called attention to two meeting dates. He said October 28 at 5:00 p.m. there would be a joint meeting with the Board of Commissioners and the Public Works and Solid Waste Management Authorities to discuss the receipts and disbursements of the 2004-2009 SPLOST cycle. Mr. Vickrey said on November 4, there would be a public hearing before the regular board meeting for purpose of approval of a lease purchase arrangement for the County administrative building, (RTC). Mr. Vickrey also announced that after 29 years, Jack Mattox announced his retirement as coordinator of the Special Olympics and passed the responsibility back to the Catoosa County School System. He applauded the efforts of Mr. Mattox.

There was no old business.

RESOLUTION ADOPTING UPDATED SOLID WASTE MANAGEMENT PLAN County Manager Vickrey said this was an annual report required by the Department of Community Affairs that basically adopted an updated plan, which allowed the County to maintain eligibility for State Solid Waste permit, grants, or loans. Mr. Vickrey recommended approval. Motion by Commissioner Gracy, seconded by Commissioner Emberson, to approve the updated Solid Waste Management Plan as outlined by Mr. Vickrey; motion carried unanimously. The resolution adopting the plan is as follows:

WHEREAS, The Georgia Comprehensive Solid Waste Management Act requires county and municipal governments to prepare local comprehensive solid waste management plans; and

WHEREAS, Catoosa County, Georgia has compiled, reviewed and modified an update to the Solid Waste Management Plan for Catoosa County including the Cities of Fort Oglethorpe and Ringgold; and

WHEREAS, Catoosa County, Georgia has complied with the Rules of Georgia Department of Community Affairs Minimum Planning Standards and Procedures for Solid Waste Management (Chapter 110-4-3) including the minimum public participation requirements;

NOW, THEREFORE BE IT RESOLVED by the Catoosa County Board of Commissioners that the document entitled: Catoosa County, City of Fort Oglethorpe, City of Ringgold Short Term Solid Waste Work Program 2003-2007 (revised August, 2003) be officially approved and adopted.

PLANNING RECOMMENDATIONS Mr. Brown presented the following recommendations:

Case No. 806-03, Kastle Home Builders, 80/15 Lake Road, R-A to R-1. The Planning Commission recommended approval 6-0, with no opposition. There was no opposition present at this meeting. Motion by Commissioner Gracy, seconded by Commissioner Winters, to approve Case No. 806-03, Kastle Home Builders, 80/15 Lake Road from R-A to R-1; motion carried unanimously.

Case No. 807-03, John Gordy, 20D/78 Graysville Road, R-1 to R-3. The Planning Commission recommended approval 6-0, with no opposition. There was no opposition present at this meeting. Motion by Commissioner Winters, seconded by Commissioner Gracy, to approve Case No. 807-03, John Gordy, 20D/78 Graysville Road from R-1 to R-3; motion carried unanimously.

Case No. 808-03, Rodney Waters, 20A/Part of 105, Pine Grove Road, C-R to R-3. Planning Commission recommended approval 6-0, with no opposition. There was no opposition present at this meeting. Motion by Commissioner Fletcher, seconded by Commissioner Winters, to approve Case No. 808-03, Rodney Waters, 20A/Part of 105, Pine Grove Road from C-R to R-3; motion carried unanimously.

Case No. 809-03, Rodney Waters, 10A/303 & 304, Prater Road, R-1 to R-3. Planning Commission recommended approval 6-0, with no opposition. Mr. Brown pointed out there was concern about storm water runoff on the north end of the property and said the engineer for the builder would present a drainage plan to be approved by Planning & Zoning prior to permits being issued. There was no opposition present at this meeting. Motion by Commissioner Gracy, seconded by Commissioner Emberson, to approve Case No. 809-03, Rodney Waters, 10A/303 & 304, Prater Road, from R-1 to R-3; motion carried unanimously.

Case No. 810-03, David Tindell, 11/195 Oak Street, R-1 to C-1. Planning Commission recommended approval 6-0, with no opposition. There was no opposition present at this meeting. Motion by Commissioner Emberson, seconded by Commissioner Winters, to approve Case No. 810-03, David Tindell, 11/195 Oak Street from R-1 to C-1; motion carried unanimously.

Case No. 811-03, David Tindell, 1A/121 Rosa Street, R-1 to R-2. Planning Commission recommended approval 6-0, with no opposition. There was no opposition present at this meeting. Motion by Commissioner Gracy, seconded by Commissioner Fletcher, to approve Case No. 811-03, David Tindell, 1A/121 Rosa Street from R-1 to R-2; motion carried unanimously.

MONEY FOR ACQUISITION OF PROPERTIES FOR MACK SMITH ROAD GEMA/FEMA GRANT Mr. Brown indicated raising of Mack Smith Road was one of the projects under the GEMA/FEMA grant. He recommended the County acquire the property located on Mack Smith Road at May Street and also the property across the street in order to complete the project. He said the cost to the County would be $7,500. Motion by Commissioner Fletcher, seconded by Commissioner Winters, to purchase the property described by Mr. Brown in order to raise Mack Smith Road; motion carried unanimously.

UPGRADING FEES FOR STORM WATER MANAGEMENT PERMITS, LAND DEVELOPMENT PERMITS, PLANNING AND SUBDIVISION FEES AND ADMINISTRATIVE FEES Mr. Brown said earlier this year he had been given approval by the Board to increase building permit fees, with an understanding that other fees would be reviewed and a follow-up recommendation for upgrade of other fees come before the Board of Commissioners. Mr. Brown indicated these fees for developers had not been raised in a number of years, and he recommended the Board approve increases per the proposed scheduled. Motion by Commissioner Gracy, seconded by Commissioner Emberson, to approve the upgraded fees for Storm Water Management Permits, Land Development Permits, Planning and Subdivision fees and Administrative fees; motion carried unanimously. [Copy of proposed fee schedule attached hereto as Exhibit B]

INERT LANDFILL Mr. Brown requested approval from the Board to complete and file application for an inert landfill in Catoosa County, to be utilized by Catoosa County residents only, and it would be located on property at the present landfill site. Mr. Brown indicated the proposed area would be developed in three stages: 1) inert landfill site; 2) household garbage; and 3) a recycle area. Mr. Brown said the monies received from the inert and household garbage areas would be used to create the recycling area. He said presently the recommended fees would be $150 for a single axle vehicle and $200 for a tandem axle and $10 for trailers and pickups. The proposed fee for household garbage would be .25 cents per bag. Mr. Brown pointed out the inert landfill would be a savings for Catoosa County operations, because presently the County paid fees to dispose of its own inert materials at another landfill site. He said the proposed hours would be six days per week from 7:00 a.m. to 7:00 p.m. Mr. Brown briefly explained the operation of the landfill with regard to safety and stock piling of dirt required to meet operational and safety needs. Mr. Brown recommended a start date of November 1, 2003 for the inert landfill. Motion by Commissioner Gracy, seconded by Commissioner Winters, to authorize Mr. Brown to move forward with the inert landfill application; motion carried unanimously.

TAX RESOLUTION TO REPRESENTATIVE FORSTER Mr. Vickrey made a recommendation that the Board send a letter to Representative Ronald Forster regarding a movement asking Representative Forster to introduce legislation at the next session to reduce the age from 75 to 70 for exemption of school taxes. He said while they were not opposed to the exemption of taxes, the problem with this change was it would require a shift of the tax burden from one group to another group, since this proposal did not reduce any costs associated with operating the school system or government. Motion by Commissioner Gracy, seconded by Commissioner Fletcher, that the Board send a letter as outlined by Mr. Vickrey to Representative Forster asking that he not introduce such legislation; motion carried unanimously.

Chairman Long asked representatives of groups, associations, or businesses that wished to make statements or present petitions to come forward.

Phyllis Williams, Resident. Questioned the Chairman, County Attorney, and County Manager about her rights to speak at the Performing Arts Council without first presenting the questions in writing ahead of the meeting to Mr. Leonard Fant. She specifically questioned if her First Amendment Rights could be in violation, since the taxpayers of Catoosa County mostly supported this organization. She said she had written to the Department of Justice and the ACLU asking them these same questions. She added that in addition to the Board of Commissioners, she also attended other Catoosa County board meetings, such as Public Works & Solid Waste Management, Tax Assessors, and the Planning and Zoning Board meetings and the chairperson of these boards always asked if any citizen had questions or statements they wanted to make. Ms. Williams said she would abide by what was legal and requested her answer in writing within five working days.

Pat Page, Resident. Said she favored the inert landfill, but asked about disposal of old appliances. She said she had noticed people were putting these on their front porches and in their yards, which created an eyesore. Commissioner Winters responded that there would be a place for old appliances and County Attorney Wiggins added that point was proposed in the new landfill agreement with BFI.

Donna Askew, Resident. She referred to an incident involving Rabies Control. She said she was not at home the incident occurred; said she learned of it three days later when she was contacted by Rabies Control at her home and was told a child had gotten hurt on his bicycle because of her dog. She started to speak about the details of the incident when County Attorney Wiggins cautioned her that she should be very guarded about what she was saying; that this was a court matter and not one for the Board of Commissioners; and that she may be implicating herself on a matter. Mr. Wiggins said he was not trying to cut her off about the road safety or other concerns, but he just wanted to warn her that she could be making remarks that she would not want to make in a public forum. Ms. Askew said she understood and moved forward to question the public awareness regarding dog registrations and the "Rambo" style of the Rabies Control Officer.

Amanda Spencer, Resident. Said she had an issue dealing with the same situation and, therefore, she would not speak and confirmed with County Attorney Wiggins that the matters should be taken up in court.

Chairman Long confirmed with County Attorney Wiggins that if these citizens, or any other citizens, had a complaint against the Animal Control personnel, they could address that issue with County Manager Vickrey. Chairman Long said he understood that was probably their reason for coming before the Board tonight and certainly if they thought they had a problem with County personnel, they should feel free to address it with Mr. Vickrey, who said complaints of this nature were investigated.

Commissioner Fletcher – No comment.

Commissioner Winters – Said his heart went out to the residents who were concerned with the Animal Control issues; that he understood Mr. Wiggins advice; but he felt the County had created another Task Force and this seemed to be getting out of hand.

Commissioner Emberson – No comment.

Commissioner Gracy – No comment.

Commissioner Long – No comment.

Chairman Long announced the Board would enter into executive session for the purpose of land acquisition, personnel, and legal advice. Motion by Commissioner Gracy, seconded by Commissioner Fletcher, that the Board enter into executive session; motion carried unanimously. The Board went into executive session at 8:00 p.m.

Chairman Long announced that the citizens were welcome to stay; however, he was not aware of anything the Board would have to vote on in open session. County Attorney Wiggins indicated there could be a result of some type of personnel matter that would come up in open session.

Chairman Long announced the purpose of the executive session was for land acquisition, personnel and legal advice; no action taken and entertained a motion to come out of executive session. Motion by Commissioner Fletcher, seconded by Commissioner Winters, to come out of executive session at 9:45 p.m. The motion carried unanimously.

County Attorney Wiggins said to let the record reflect that in executive session a Name Clearing Hearing was held under the Merit System for an employee of the Sheriff’s Office, a James Yarbrough. Mr. Yarbrough was given the opportunity to testify and to cross-examine witnesses who had testified at the hearing, which included Officer Knox and Sheriff Summers. At the conclusion of that hearing, the Board met in executive session to deliberate the matter and was now back in open session. He added Joyce Casey, Volunteer Court Reporting Service in Chattanooga, Tennessee, took down the contents of the Name Clearing Hearing. Chairman Long entertained a motion regarding the decision of the Board in that matter. Motion by Commissioner Gracy, seconded by Commissioner Fletcher, that the Board uphold the decision of Sheriff Summers, but found that the sexual allegation made against James Yarbrough was not and is not instrumental in his termination; motion carried unanimously.

                                                                                Winford H. Long, Chairman

                                                                                Mark Fletcher, Commissioner, District One

                                                                                Robert R. Winters, Commissioner, District Two

                                                                                Ronald A. Gracy, Commissioner, District Four