CATOOSA COUNTY BOARD OF COMMISSIONERS
ADMINISTRATION BUILDING, 800 LA FAYETTE ROAD
October 16, 2007, 6:00 p.m.
The regular meeting of the Board of Commissioners was held Tuesday, October 16, 2007 at 6:03 p.m. in the Catoosa County Administrative Building, 800 LaFayette Street, Ringgold, Georgia.
Commissioner Ken Marks gave the invocation, which was followed by the Pledge of Allegiance.
Chairman Clark called the meeting to order. The following commissioners were present: William H. H. Clark, Chairman; Ken Marks, Commissioner District One; Robert Winters, Commissioner, District Two;
James F. Emberson, Commissioner, District Three; and Dewayne Hill, Commissioner, District Four.
Additions: Approve Bid of Mayse Construction for Blevins Acres Sewer Project; Approve Proposal of Rindt-McDuff for Groves/Townsend Estates Sewer Projects; Proposed Resolution to Approve Sending Comprehensive Plan Update to RDC and DCA for Comments Remove: Paving of Napier Lane By unanimous consent the agenda was approved as amended.
MINUTES
Chairman Clark called for approval of the minutes of the Regular Meeting and Public Hearing of October 3, 2007. There were no corrections and the minutes were unanimously approved as presented.
CONSIDERATION MAKING APPLICATION TO NORTHWEST GEORGIA JOINT DEVELOPMENT AUTHORITY County Attorney, Skip Patty, stated the Catoosa County Development Authority has requested that the Commissioners consider making application to the North West Georgia Joint Development Authority. At the present time the North West Georgia Development Authority is composed of Walker, Dade, and Chattooga Counties. A cost of $1.50 per person based on the 2000 census is required to join the Joint Development Authority. The cost will be approximately $80,000 if the County is accepted and allowed to join. Mr. Patty stated the bylaws of the North West Georgia Joint Development Authority provides that the Board of Commissioners of each County elects 3 directors to the Board of the Joint Development Authority. The Authority will act as a marketing arm for the County and the local Development Authority would remain in place. Mr. Patty stated the first procedure is that the Board of Commissioners approves a Resolution authorizing application to the Joint Development Authority. The Resolution is as follows:
RESOLUTION OF BOARD OF COMMISSIONERS OF CATOOSA COUNTY, GEORGIA TO MAKE APPLICATION TO JOIN THE NORTHWEST GEORGIA JOINT DEVELOPMENT AUTHORITY
RESOLUTION # 07-014
Whereas, the Catoosa County Development Authority and the Development Authority of Catoosa County held a meeting on October 9, 2007 to consider whether to recommend to the Board of Commissioners that Catoosa County join the Northwest Georgia Joint Development Authority; and,
Whereas, the Catoosa County Development Authority and the Development Authority of Catoosa County unanimously recommended that Catoosa County make application to join the Northwest Georgia Joint Development Authority; and,
Whereas, the recommendation of the Catoosa County Development Authority and the Development Authority of Catoosa County was considered by the Board of Commissioners at its regular meeting of October 16, 2007; and,
Whereas, the Board of Commissioners after due deliberation believes that it would be in the best interest of Catoosa County to join the Northwest Georgia Joint Development Authority as it would help foster industrial and commercial development in Catoosa County.
BE IT THEREFORE RESOLVED AS FOLLOWS:
RESOLVED that Catoosa County make application to join the Northwest Georgia Joint Development Authority, a development authority created under the provisions of the Georgia development authorities law and presently composed of Chattooga County, Dade County, and Walker County.
BE IT FURTHER RESOLVED, that the Chairman of the Board of Commissioners is hereby authorized and directed to make application to the Northwest Georgia Joint Development Authority for Catoosa County to be admitted as a member of the Northwest Georgia Joint Development Authority, to execute and deliver all forms and documents required to make application.
So resolved this 16th day of October 2007.
Chairman Clark called for all those in favor of approving the Resolution do so by saying aye. There was no opposition and the Resolution was approved by unanimous consent.
ANNUAL COPIER MAINTENANCE CONTRACTS Carl Henson, Chief Financial Officer, presented the annual contracts for various Departments copier maintenance. Mr. Henson stated the amount for the 12 Departments contracts is $5,508. Chairman Clark called for all those in favor of approving the maintenance contracts do so by saying aye. There was no opposition and the contracts were approved by unanimous consent. [Contracts on File in Commissioner Office]
PURCHASE PLOTTER FOR GIS DEPARTMENT Carl Henson, Chief Financial Officer, discussed the proposal from ESRI for the purchase of a 42-inch Printer/Scanner/Copier Plotter for the GIS system in the amount of $28,119. Chairman Clark called for all those in favor of approving the purchase of the plotter do so by saying aye. There was no opposition and the purchase was approved by unanimous consent.
APPROVE BID OF MAYSE CONSTRUCTION FOR BLEVINS ACRES SEWER PROJECT County Manager Mike Helton discussed the recommendation from the City of Ringgold and the Public Works Solid Waste Management Authority for approval of the bid from Mayse Construction for the Blevins Acres Sewer Project. Mr. Helton stated Mayse Construction was the low bid received for the project at $694,289. Chairman Clark called for all those in favor of approving the bid from Mayse Construction do so by saying aye. There was no opposition and the bid was approved by unanimous consent. [Bids on File in Project Administrator Office]
APPROVE PROPOSAL OF RINDT-MCDUFF FOR GROVES/TOWNSEND ESTATES PROJECTS County Manager Mike Helton discussed the recommendation from the City of Ringgold and the Public Works Solid Waste Management Authority for approval of the proposal from Rindt-McDuff for the Groves/Townsend Estates Sewer Projects. Mr. Helton stated Rindt-McDuff was the low proposal submitted at $72,800. Chairman Clark called for all those in favor of approving the proposal from Rindt-McDuff do so by saying aye. There was no opposition and the proposal was approved by unanimous consent. [Proposals on File in Projects Administrator Office]
PROPOSED RESOLUTION TO APPROVE SENDING COMPREHENSIVE PLAN UPDATE TO RDC AND DCA FOR COMMENTS County Attorney Chad Young presented the proposed Resolution to approve sending the Comprehensive Plan Update to the RDC for review. The Resolution is as follows:
RESOLUTION # 07-013
WHEREAS, pursuant to O.C.G.A. 50-8-1 et seq the Georgia Department of Community Affairs has established minimum standards and procedures for coordinated and comprehensive local government planning, and
WHEREAS, Catoosa County, Georgia has compiled, reviewed, modified, and finalized a draft document in compliance with the State of Georgia Minimum Planning Standards and Procedures for Local Comprehensive Planning,
NOW, THEREFORE BE IT RESOLVED by the Catoosa County Board of Commissioners that the draft Catoosa County Comprehensive Plan Update is hereby authorized to be submitted to the Coosa Valley Regional Development Center for review.
SO RESOLVED THIS DAY, THE 16th OF OCTOBER 2007.
Chairman Clark called for all those in favor of approving the Resolution do so by saying aye. There was no opposition and the Resolution was approved by unanimous consent.
COUNTY MANAGER REPORT Mike Helton, County Manager, reported on the following:
· Stated the draft Comprehensive Statewide Water Management Plan is available for the Board to review and staff will be attending a meeting to discuss the plan.
· Updated Commissioners on the status of the request for Sue Lane to be adopted as a County road, after research it was determined that Sue Lane road did not meet the standards for adoption as a County road.
· Crematory at the Animal Shelter should be in operation sometime in the next few weeks.
· County Manager will be attending the Chamber of Commerce training session on Human Resources: How not to be sued by your employees.
· Monthly Department reports have been provided to the Commissioners
OLD BUSINESS
PLANNING COMMISSION RECOMMENDATIONS:
Mr. Donald Brown presented the following rezoning recommendations:
Case No. 1013-07, Noah Yarber,1573 Three Notch Road, R-1 to C-2. Mr. Brown said the applicant is requesting a zoning change from R-1 to C-2. Mr. Brown stated the Planning Commission approved the rezoning request 5-0.
Ron McKelvy, citizen, stated he is planning on turning the home into a business which he feels will be an addition to the community and the area and feels he will be a good neighbor to those in the area.
Chairman Clark called for all those in favor of approving the request do so by saying aye. There was no opposition and the request was approved by unanimous consent.
Case No. 1012-07, Mill Creek, LLC, 43 Holcomb Road, R-1 to R-3. Mr. Brown said the applicant is requesting a zoning change from R-1 to R-3. Mr. Brown stated the Planning Commission approved the rezoning request 5-0 subject to a minimum of 50’ setback making the driveways where you had to turn around and could not back out into the road and there would only be one additional lot.
Jerry Hawthorne, citizen, stated the road comes into a real sharp curve and the house sets very close to the road and due to circumstances he will improve the visibility of the road by the rezoning request being approved.
Chairman Clark called for all those in favor of approving the request with the stipulations set by the Planning Commission do so by saying aye. There was no opposition and the request was approved by unanimous consent.
PROPOSED AMENDMENT TO LAND SUBDIVISION ORDINANCE County Attorney Chad Young discussed the proposed amendment to the Land Subdivision Ordinance that was recommended by the Planning Commission after holding several public hearings and revising the various provisions. The amendment to the Land Subdivision Ordinance is as follows:
AN ORDINANCE TO AMEND THE CATOOSA LAND SUBDIVISION ORDINANCE; TO PROVIDE FOR AN EFFECTIVE DATE OF THE AMENDMENT; TO REPEAL CONFLICTING ORDINANCES
ORDINACE # 07-010
The Catoosa County Board of Commissioners (the “Board of Commissioners”) has previously adopted an ordinance known as the Catoosa County Land Subdivision Ordinance (the “Land Subdivision Ordinance”). The Land Subdivision Ordinance contains regulations governing the construction, development and regulation of land subdivisions lying within Catoosa County and provides for other items.
Based upon the recommendations provided by the Catoosa County Planning Commission, after receiving public input and comment as required by law, the Board of Commissioners finds that it is necessary to amend the existing provisions of the Land Subdivision Ordinance to revise Section 11.15 concerning Subdivision Amenities and to create a new Section 11.16 governing the planting of trees along streets within newly constructed subdivisions within Catoosa County. The Board of Commissioners finds that the regulations promulgated by this Amendment both protect and further the health, safety and welfare of the citizens of Catoosa County and the environment of Catoosa County.
The Board of Commissioners desires, by this Ordinance, to amend and revise the regulations of the Land Subdivision Ordinance to carry out the purposes set forth herein and further desires to repeal all other ordinances of Catoosa County which conflict with this Ordinance.
BE IT ORDAINED AND RESOLVED AS FOLLOWS:
1. Amendment to Section 11.15: The existing Section 11.15 of the Land Subdivision Ordinance is hereby deleted in its entirety and the following is hereby inserted in its place and stead:
Ҥ 11.15 Subdivision Amenities: Any Subdivision containing twelve (12) or more lots shall be required to provide the following required amenities:
11.15.1 Underground electrical, telephone and cable utilities;
11.15.2 Sidewalks which are five (5) feet in width which comply with the following requirements:
(i) Sidewalks shall be provided on both sides of all streets within a subdivision having an average overall density equal to or greater than four (4) units per acre;
(ii) Sidewalks shall be provided on only one side of all streets within a subdivision having an average overall density of less than four (4) units per acre;
(iii) If a subdivision has an overall average density of one (1) unit per two (2) acres or less, sidewalks shall not be required within the subdivision;
(iv) Any sidewalks constructed shall meet or exceed all design, construction and other requirements imposed by the Americans With Disabilities Act (42 USCA § 12101, et. seq.), as amended.
11.15.3 Decorative street lights installed between every two lots on alternating sides of each newly constructed street within the subdivision;
11.15.4 Open space in an amount equal to twenty percent (20%) of the total area of the subdivision. The open space required by this sub-section shall be restricted for use only by subdivision community, shall be perpetually owned and maintained by either the developer or a homeowners’ association and shall be utilized to protect environmentally sensitive site features such as wetlands, drainage areas, steep sloped areas, ridgetops and forested areas. The subdivision entrance setback requirement imposed by Section 11.13 of this Ordinance and any required stormwater detention areas may be used to satisfy up to fifty percent (50%) of the open space requirement imposed by this Sub-Section;
11.15.5 Street trees conforming to the standards established by Section 11.16 of this Ordinance.”
Ҥ11.16 Street Tree Standards.
11.16.1 All subdivisions which front on public or private streets shall be required to plant street trees which conform to the requirements of this Section of the Land Subdivision Ordinance. The street trees shall be chosen from the species contained upon the Recommended List of Approved Species of Street Trees as designated on Appendix A and as modified and approved by the governing authority of Catoosa County from time to time.
11.16.2 Street trees shall be planted behind the sidewalks except in subdivisions which contain a designated planting strip, at least six (6) feet in width, between the street curb and the sidewalk. In such subdivisions, the street trees may be planted in the designated planting strip.
11.16.3 Spacing, Placement and Pruning of Street Trees. Unless otherwise approved by the Planning Commission due to special site conditions or safety concerns, the following requirements shall govern the spacing, placement and pruning of street trees:
(i) Street trees shall be at least two and one half (2.5) inches caliper measured and six and one half (6.5) feet (American National Standard for Nursery Stock) above the finished grade of the ground;
(ii) Residential street trees shall be planted at the rate of one tree for every fifty (50) linear feet of road frontage. Driveway widths may be subtracted when calculating the linear foot requirement of this sub-section. A general design depicting street tree spacing which meets the requirements of this sub-section is attached hereto and made a part hereof as Appendix B;
(iii) In commercial developments which do not contain street yard plantings, the developer shall either retain existing trees or plant new trees (ors some combination of the two) along any frontage which is adjacent to public rights-of-way, such that there is an average within the development of at least one (1) tree or every thirty (30) feet of street frontage. The location of the trees may be varied, however, spacing of trees shall be no less than a minimum of one (1) tree for each one hundred (100) feet of street frontage. Driveway widths may be subtracted calculating the linear foot requirement of this subs-section;
(iv) Trees shall not be planted closer than twenty-five (25) feet from the curb line of intersections of streets or alleys, and not closer than ten (10) feet from private driveways (measured at the back edge of the sidewalk), fire hydrants or utility poles;
(v) Street trees shall not be planted closer than twenty (20) feet from light standards. Except in situations required to protect public safety, no new light standard shall be positioned closer than ten (10) feet to any existing street tree and it shall be preferable that new light standards be positioned at least twenty (20) feet from any existing street tree;
(vi) Except in situations meeting the requirements for a designated planting strip, trees shall not be planted closer than thirteen (13) feet from the face of the curb;
(vii) Trees shall not be planted within three (3) feet of any permanent hard surface paving or walkway. Any concrete cuts in sidewalks for trees shall be at least ten (10) square feet in area. However, larger cuts are encouraged in order to promote the overall health of trees planted. Spaces between planted trees and the adjacent hard surface may be covered with permeable, non-permanent hard surfaces such as grates, bricks on sand or paver blocks;
(viii) As planted trees grow, they shall be pruned to provide at least eight (8) feet of clearance above sidewalks and twelve (12) feet of clearance above road surfaces;
(ix) Existing trees within a development may be used as street trees if there has been no damage to the tree from the development which would kill or otherwise weaken the tree. Subject to the approval of the Planning Commission, sidewalks of varying widths and elevations from the standard width and elevation requirements may be utilized in order to save existing trees;
(x) Existing street trees removed by development activity shall be replaced by the developer. The replacement trees shall be of size and species similar to those removed or shall be of a species contained upon the Recommended List of Approved Species of Street Trees as referenced herein. Existing street trees which die shall be replaced with street trees which meet the requirements of this Ordinance.
11.16.4 All street tree pruning and replacement requirements imposed by this Section shall at all times be the responsibility of either the property owner upon whose property the tree is located, the developer of the subdivision or a homeowners’ association and shall not be the responsibility of Catoosa County.
3. Repeal of Conflicting Ordinances: Except as specifically amended herein, all current provisions of the Land Subdivision Ordinance shall remain in full force and effect. Any and all ordinances which conflict in any way with the provisions of this Amendment are hereby expressly repealed.
4. Effective Date: This Amendment shall be effective from the date of its adoption and
shall remain in full force and effect until such time as it is repealed by the Catoosa
County Board of Commissioners.
SO ORDAINED, this 16th day of October 2007.
Chairman Clark called for all those in favor of approving the amendment to the Land Subdivision Ordinance do so by saying aye. There was no opposition and the amendment was approved by unanimous consent.
AUTHORIZATION TO FILE INTERPLEADER ACTION FOR SURPLUS TAX PROCEEDS County Attorney Skip Patty stated he is requesting approval from the Board of Commissioners to file an interpleader lawsuit in the name of the County. Mr. Patty stated that in 2006 Sandra Self, Tax Commissioner, sold a piece of property at a tax sale, the taxes owed to the County were $3,263.20 and the property was bid in by the highest bidder at the tax sale for $124,000 which resulted in excess funds being held by the County in the amount of $120,736.86. Mr. Patty stated that usually when this occurs he will examine the titles of the property and determine who is entitled to the excess proceeds, in this particular case the title was very confusing, the property owner whom the tax was levied against was a Thomas R. Chambers and he had a mortgage to J.P. Morgan Chase and Company, City Group, and the Georgia Department of Revenue had filed a lien on the property. Mr. Patty stated the purpose of the interpleader action is the County comes into Court as the Plaintiff and receives a judgment from the Court as to how to pay out the excess funds. Mr. Patty said the County would be entitled to recover the attorney’s fees and expenses for bringing the action from the funds before it is dispersed out. Chairman Clark called for all those in favor of approving the authorization to file interpleader action do so by saying aye. There was no opposition and the approval passed by unanimous consent.
None
EXECUTIVE SESSION Chairman Clark said the Board would go into executive session for the purpose of legal advice and personnel. The vote was taken by roll call and the Board unanimously voted to go into executive session for legal advice and personnel matters at 6:46 p.m. The Board voted unanimously to come out of executive session at 7:31 p.m.
ADMINISTRATION MATTERS
RESOLUTION TO SET COUNTY MANAGERS SALARY County Attorney Skip Patty stated that at the meeting of the Board of Commissioners where County Manager Mike Helton was appointed the salary of the County Manager was not addressed. Mr. Patty stated it is recommended that the Board approve a motion to set the salary of the County Manager at $75,000 per annum effective back to the date of appointment of the County Manager. Chairman Clark called for all those in favor of setting the County Manager’s salary at $75,000 do so by saying aye. There was no opposition and the County Manager’s salary was approved by unanimous consent.
RATIFICATION OF FIRE HYDRANT PAYMENT TO CATOOSA UTILITY DISTRICT County Attorney Skip Patty stated the ratification of fire hydrant payment to the Catoosa Utility District has been tabled until more information can be acquired regarding the location of the fire hydrants.
ADJOURNMENT There was no further business, and the Board unanimously agreed to adjourn the meeting at 7:33 p.m.