CATOOSA COUNTY BOARD OF COMMISSIONERS
ADMINISTRATION BUILDING, 800 LA FAYETTE ROAD
December 18, 2007, 6:00 p.m.
The regular meeting of the Board of Commissioners was held Tuesday, December 18, 2007 at 6:00 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: Colbert Hollow Bridge Project – Change Order; Approval of March Adams as Engineer for Boynton Recreation Association Project; and Approve Filing Declaratory Action to Deannex Ft. Oglethorpe Annexations; Remove: None. By unanimous consent the agenda was approved as amended.
SIGNING OF STATE FLAG LOGBOOK ENTRY FORM FOR THE GEORGIA STATE FLAG PROJECT County Attorney Patty presented the Georgia State Flag Logbook Entry Form which is to certify that the Georgia State Flag officially designated for presentation to the USS Georgia at the Return to Service Ceremony was present in Catoosa County on December 18, 2007. Bill Steiner, Regional Development Center, briefly discussed the history of the USS Georgia Submarine and stated the purpose of the Georgia State Flag Project is to honor the return of the USS Georgia Submarine to Georgia by getting a state flag taken to every County in Georgia and to have the County’s sign the State Flag Logbook that will be placed permanently in the USS Georgia. Mr. Steiner introduced Christopher Yancey, Petty Officer First Class, Navy, who was also in attendance for the presentation. Chairman Clark called for all those in favor of approving the signing of the logbook entry form indicate so by saying aye. There was no opposition and the signing was approved by unanimous consent.
PRESENTMENT OF PAINTING TO THE BOARD OF COMMISSIONERS FROM THE SONS OF CONFEDERATE VETERANS Roy Neal, Sons of Confederate Veterans Camp 1859, presented the Board of Commissioners with a painting of the Ringgold Depot for the citizens of Catoosa County. Chairman Clark called for all those in favor of accepting the painting on behalf of the County indicate so by saying aye. There was no opposition and the painting was accepted by unanimous consent.
MINUTES
Commissioner Emberson requested the minutes of the regular meeting of November 6, 2007 be changed to reflect the votes by ballot for the appointments of Planning Commission and Tax Assessor’s Board. Chairman Clark called for approval of the minutes of the regular meeting of November 6, 2007 with the changes requested and the minutes of the Public hearing of November 6, 2007. The minutes were unanimously approved with the corrections noted.
WEST CHICKAMAUGA BASIN SEWER PROJECT – ARCADIS/EAST TENNESSEE GRADING - CHANGE ORDER County Attorney Young presented the proposed change order request for the West Chickamauga Basin Sewer Project in the amount of $5,425. Mr. Young stated the change order is for a test blast required for the project by colonial pipeline and has already been considered and approved by the Public Works Authority. Chairman Clark called for all those in favor of approving the change order indicate so by saying aye. There was no opposition and the change order was approved by unanimous consent.
RATIFY LITERACY CENTER SUPPORT AGREEMENT – SHIRLEY SMITH LEARNING CENTER Carl Henson, Chief Financial Officer, stated the Board of Commissioners needs to ratify the Literacy Center Support Agreement for the Shirley Smith Learning Center. Mr. Henson stated the agreement was approved and included in the current year budget but there is not an official agreement on file. Chairman Clark called for all those in favor of ratifying the Literacy Center Support Agreement indicate so by saying aye. There was no opposition and the agreement was ratified by unanimous consent.
COURTHOUSE RENOVATION PROJECT CONTRACT – NATIONAL BUILDING CONTRACTORS, INC. County Attorney Young presented the two construction contracts for the renovation of the Courthouse. Mr. Young stated the Board has previously approved the low bid of National Building Contractors, Inc. for the project, but the contract must be broken down into two contracts to comply with the grant awarded for the Courthouse renovation. Mr. Young stated the total amount of both contracts is $84,900. County Manager Mike Helton stated he wants to assure the Board that the contractor has been researched thoroughly to ensure their qualifications and quality of work for the project. Chairman Clark called for all those in favor of approving the contracts with National Building Contractors, Inc. for the Courthouse Renovation Project indicate so by saying aye. There was no opposition and the contracts were approved by unanimous consent.
2008 WORKERS COMPENSATION RENEWAL WITH ACCG Carl Henson, Chief Financial Officer, stated he has received a proposal for renewal of workers comp with ACCG. Mr. Henson stated the Board of Trustees voted to reduce overall rates by 5% for the next year and also voted to return a dividend in the amount of $3.5 million from surplus funds for fiscal years 96, 97, 98, and 99 to those members who were in the program those years and it also marks 25 years since the creation of the non-profit program for Georgia County Governments and during the period they have returned $33.5 million in dividends to the participating Counties. Mr. Henson stated although the estimated payroll for the County increased $389,941, due to the reduction in the rate the net premium before dividend credit only increased $6,500. Mr. Henson stated the premium dividend credit increased $9,581, so there was a net reduction of $3,000. The total premium went from $218,097 to $215,063 for the next year. Chairman Clark called for all those in favor of approving the 2008 Workers Compensation renewal with ACCG indicate so by saying aye. There was no opposition and the renewal was approved by unanimous consent.
COUNTY MANAGER REPORT Mike Helton, County Manager, reported on the following:
FINANCIAL REPORT Carl Henson, Chief Financial Officer, reported on financials for the 12-months ending September 30, 2007. Mr. Henson stated the audit is complete and operating revenues for the 12-month period were $23,458,000, 105.2% of the budget; therefore, exceeding the budget by 1,162,000, 5.2%, exceeding prior year by $3,771,000, 19.2%. Operating Expenditures for the same period were $19,698,000, 91.6% of budget; therefore, less than budget by $1,798,000, 8.4%, although exceeding prior year budget $1,237,000, 6.7%. [ATTACHED HERETO AS EXHIBIT A]
OLD BUSINESS
PLANNING COMMISSION RECOMMENDATIONS:
Mr. Donald Brown presented the following rezoning recommendations:
Case No. 1017-07,McCracken Posten, 2013 Boynton Drive, R-1 to R-A. Mr. Brown stated Mr. Posten is requesting a re-zoning to allow horses on his property. The Planning Commission unanimously voted to recommend re-zoning the property from R-1 residential to R-A residential district allowing limited agriculture use. McCracken Posten stated none of his neighbors are against the rezoning and he appreciates the Boards consideration. Chairman Clark called for all those in favor of approving the Planning Commissions recommendation for rezoning indicate so by saying aye. There was no opposition and the recommendation was approved by unanimous consent.
Case No. 1020-07,Living Venture Enterprises, LLC, 748 Post Oak Road, R-1 to R-2. Mr. Brown stated Living Venture Enterprises, LLC is requesting a zoning change from R-1 (single family) to R-2 (duplex/triplex) to replace the mobile home located on the property with a triplex. The Planning Commission unanimously voted to recommend denying the rezoning request. Chairman Clark called for all those in favor of upholding the Planning Commissions recommendation to deny the zoning request indicate so by saying aye. There was no opposition and the recommendation was approved by unanimous consent.
RESCHEDULE REGULAR BOARD OF COMMISSIONERS MEETING JANUARY 1, 2008 County Attorney Patty stated the next regular meeting of the Board of Commissioners falls on January 1, 2008 and needs to be rescheduled or cancelled due to the Holiday. Chairman Clark called for all those in favor of canceling the regular meeting of the Board of Commissioners scheduled for January 1, 2008 indicate so by saying aye. There was no opposition and the meeting was cancelled by unanimous consent.
DESIGNATE LAND AT BENTON PLACE CAMPUS FOR SOCCER FIELDS Dennis Johnson, Recreation Department Director, presented the Board with a proposal to designate wetlands at Benton Place Campus for soccer fields. Mr. Johnson stated the area of land being requested has no future plans of being developed at the campus. Chairman Clark stated if the Colleges eventually build at the campus they might want to use the land for parking. Mr. Johnson stated it would not be an issue due to the associations hopefully having soccer complexes built by that time. Chairman Clark called for all those in favor of the designation indicate so by saying aye. There was no opposition and the designation was approved by unanimous consent.
MARCH ADAMS & ASSOCIATES – ENGINEERING CONTRACT – BOYNTON RECREATION ASSOCIATION Carl Henson, Chief Financial Officer, discussed the proposal from March Adams & Associates for engineering of the Swanson property for the Boynton Recreation Association. Mr. Henson stated the proposal is basically a redo of plans from 2003-2004 when the Swanson property was originally purchased for the Boynton recreation association, due to the amount of time that has elapsed the EPD requirements have changed as well as the plans have changed and they are requesting the firm that did the previous drawings be approved to redesign the drawings for a lump sum of $14,560 to complete the civil engineering, drawings, and bidding process. Mr. Henson stated the funds are available in the associations SPLOST funds for the 2004 cycle. Chairman Clark called for all those in favor of approving the contract indicate so by saying aye. There was no opposition and the contract was approved by unanimous consent.
Linda Peek, resident, stated she is a resident of the County and lives on Keyes Road and she would like to thank Mr. Helton and Mr. Winters for their help with her concerns. She stated her complaint is with Ringgold Telephone Company, she feels they have a monopoly on telephone services in Catoosa County. Ms. Peek said she is upset with RTC due to their long distance services. Ms. Peek said although it is suppose to be local to call Dalton, where her children live, she is required to dial (1-706) which puts you into a long distance area that charges you additional fees. She has no complaint with the people who work in the customer service of RTC only with the charges. Ms. Peek said she feels it is wrong that RTC is allowed to monopolize all of the local area phone service and knock citizens out of getting other providers with less charge. She is requesting the Board of Commissioners look into the situation and help in any way they may be able to assist with the problems. Said she appreciates the dedication and service the Board provides to the citizens. Commissioner Emberson stated he believes the Georgia Public Service Commission controls it. Chairman Clark stated the Legislators should be able to assist in the situation. Commissioner Hill stated he lives in the same area of the County and has the same issues with the services. Commissioner Marks suggested having the County Manager or County Attorney contact RTC and inquire as to why this is occurring.
Commissioner Ken Marks stated he would like to wish everyone a Merry Christmas and a Happy New Year.
EXECUTIVE SESSION Chairman Clark said the Board would go into executive session for the purpose of legal advice. The vote was taken by roll call and the Board unanimously voted to go into executive session for legal advice and personnel matters at 6:55 p.m. The Board voted unanimously to come out of executive session at 7:52 p.m.
ADMINISTRATION MATTERS
COLBERT HOLLOW BRIDGE PROJECT – CHANGE ORDER – TALLEY CONSTRUCTION County Attorney Young presented the change order for the Colbert Hollow Bridge project, which was recommended for approval from the Public Works Authority. Mr. Young stated the amount of the change order is $60,012.50 and is for additional required excavation in the streambed. Chairman Clark called for all those in favor of approving the change order indicate so by saying aye. There was no opposition and the change order was approved by unanimous consent.
DELARATORY ACTION TO DEANNEX FORT OGLETHORPE County Attorney Patty requested approval by Resolution of the Board of Commissioners to file a declaratory judgment action to deannex certain property located on Mac Smith Road that has been annexed by the City of Fort Oglethorpe and he would like to request permission to file the suit not later than January 15, 2008. Chairman Clark called for all those in favor of approving the resolution to indicate so by saying aye. There was no opposition and the resolution was approved by unanimous consent.
ADJOURNMENT There was no further business, and the Board unanimously agreed to adjourn the meeting at 7:55 p.m.