BOARD OF COMMISSIONERS
CATOOSA COUNTY ADMINISTRATIVE BUILDING
The regular meeting of the Board of Commissioners was held at on Thursday, February 8, 2007 at 9:00 a.m. in the Catoosa County Administrative Building, Ringgold, Georgia.
PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG AND INVOCATION
Commissioner Marks gave the invocation, followed by the Pledge of Allegiance.
CALL TO ORDER
Chairman Clark called the meeting to order, and 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.
SET THE AGENDA
Chairman Clark called for changes to the agenda and the agenda was amended as follows: Additions: Maintenance Contracts for Postage Machine and Copiers; Legal Advice for Executive Session. The Board unanimously approved the amended agenda.
MINUTES
Chairman Clark called for corrections or approval of the minutes of the regular meeting of January 16, 2007 and the called meeting of January 30, 2007. There were no corrections and the minutes were approved as presented by unanimous consent.
AMINISTRATIVE-FISCAL MATTERS
INTERGOVERNMENTAL AGREEMENT WITH FORT OGLETHORPE FOR WEST CHICKAMAUGA SEWER PROJECT Attorney Young indicated this agreement had previously been circulated to the Board and the Public Works Authority had approved it. Mr. Young said the City of Fort Oglethorpe (the City) had offered to partner in the construction of the pump station on the West Chickamauga Creek Sewer Project in the amount of $1 million from their dedicated SPLOST sewer funds. Mr. Young said that would pay for one-half of the pump station construction costs, which would free $1 million of the County’s SPLOST money to lay more sewer collector lines in the area. He said this intergovernmental agreement essentially provided the County would pay its one-half of the pump station costs to the City of Fort Oglethorpe and the City in turn agreed to build the pump station and the interceptor extension. Mr. Young said this arrangement would allow the City to take advantage of certain debt forgiveness financing through the City of Chattanooga and Moccasin Bend whereby the City would borrow the money to do the project and use the SPLOST money to repay the debt. Mr. Young said the City had also committed $500,000 for an extension of the interceptor further down into Mitchell Acres toward Highway 2A. He said the County had no obligation for any money borrowed by the City. Chairman Clark called for all in favor of approving the agreement to indicate by saying aye. There was no opposition, and the agreement was unanimously approved. [Copy of the Agreement on File in Commission office]
COUNTY MANAGER REPORT County Manager Brown’s report consisted of activities at the ACCG Legislative meeting in Atlanta where he and the Board of Commissioners met with legislators and other departments regarding County projects.
§ DOT had indicated the Cloud Springs Project would probably break ground between April and May of this year.
§ Successful in getting the Interstate 75/Highway 151 Interchange project moved about 2 years closer.
§ Picked up additional turn lights on Highway 41 and GA 2A.
§ DOT would meet with the Board at the conclusion of this meeting to talk about the Highway 2A project.
FINANCIAL REPORT Mr. Henson said the General Fund executive summary for the three months ending December 31, 2006, operating revenues were $5.6 million, exceeded the budget by $61,000 and exceeded prior year by $1.1 million. The expenditures were $4.9 million, less than budget by $444,000 and exceeded prior year by $409,000. Mr. Henson said for the three‑month period revenues exceeded expenditures by $650,829, favorable to budget the same amount and favorable to prior year $1.6 million. This left the ending fund balance at $5.2 million. In response to a question by Chairman Clark regarding sales tax revenue, Mr. Henson said for the past two months, the collections had been less than budget and less than prior year. He said he requested an audit from the State, but had not gotten the results of the audit yet. Mr. Henson said he did not feel the economy reflected those numbers. [Summary of Financial Report Attached Hereto as Exhibit A]
BOARD OF TRUSTEES HOSPITAL AUTHORITY OF WALKER, DADE AND CATOOSA County Attorney Patty said the County was required to nominate 3 individuals for each post on the Board of Trustees of the Hospital Authority of Walker, Dade, and Catoosa Counties. He recommended the following individuals be nominated for the posts. For the post currently held by Angela Tobias that Angela Tobias, L. Wesley Smith, and Tom Weldon be nominated and for the post currently held by Dr. Weldon that Dr. Weldon, Clifton M. Patty, Jr., and Randall G. Peters be nominated. Chairman Clark for all in favor of approving the recommended nominations to indicate by saying aye. There was no opposition and the recommendation was unanimously approved.
REAFFIRMATION OF E-911 CHARGES County Attorney Patty said each year in February, the Board of Commissioners was required to review the Emergency 911 Service Fund and determine whether the charges made to the telephone subscribers for E-911 service should be changed. Mr. Patty said at the present time the County imposed the maximum amount that could be imposed. He said it was his and the Financial Officer’s recommendation that the County continue the charges at the maximum amount, since the County did not have a surplus in that account. Mr. Patty said the County had to supplement the E-911 budget from the General Fund each year. Mr. Patty said it was his recommendation that the resolution reaffirming the E-911 Telephone Charge be approved. Chairman Clark called for all in favor of approving the resolution as presented by Mr. Patty to indicate by saying aye. There was no opposition and the resolution was adopted unanimously. The resolution is as follows:
RESOLUTION REAFFIRMING TELEPHONE
CHARGE FOR EMERGENCY 911 SERVICE
Resolution # 07-003
Under the provisions of O.C.G.A. § 46-5-134, the governing authority of a local government operating an emergency 911 system shall, by resolution, reaffirm the necessity for the 911 charge beginning with the thirteenth month following the month in which Emergency 911 System Service is first provided in the county and during such month annually thereafter. The Board of Commissioners of Catoosa County, Georgia, the governing authority, has affirmed that it is necessary to continue the 911 charge in its present amount in order to fund the Emergency 911 System. Therefore, it is necessary to reaffirm the necessity for the 911 charge.
BE IT THEREFORE RESOLVED that the Board of Commissioners of Catoosa County, Georgia, in accordance with the provisions of O.C.G.A. § 45-5-134(d)(2), hereby affirms the necessity for the present 911 telephone charge to operate the Emergency 911 System in Catoosa County, Georgia.
SURPLUS VEHICLE FOR POST VOLUNTEER FIRE DEPARTMENT/SOUTHERN CROSS MINISTRIES County Manager Brown said the Post Volunteer Fire Department requested one of the surplus vehicles which they would use for transportation assistance to the Chaplain Services of the Post Fire Department provided by Southern Cross Ministries. Chief Finance Officer Henson specified the vehicle was a 2002 Dodge Intrepid, last four numbers of the serial number was 2921. Mr. Henson said this was a transfer of ownership and title to the Post Volunteer Fire Department; therefore, the vehicle was “as is” with no warranties or guarantees and no maintenance and insurance provided. Mr. Brown stipulated the vehicle was being transferred to the Post Volunteer Department and not to the Southern Cross Ministries. Chairman Clark called for all in favor of transferring the vehicle to Post Volunteer Fire Department to indicate by saying aye. There was no opposition and the transfer was unanimously approved.
HIRING AN ARCHITECT FOR THE LEARNING CENTER BUILDING ADDITION County Manager Brown said the County had received the grant funds for the addition to the Learning Center. Mrs. Shirley Smith, Executive Director of the Learning Center, requested the Board to approve Killian and Clark as the architect since they had done most of the buildings on Benton Place Campus. Chairman Clark made the motion that whoever was appointed as architect that it be included in the contract that if looked there would be an overrun, that the architect go back and redesign at no cost to the County. Commissioner Winters seconded the motion. Mr. Patty presented the agreement between Catoosa County and Killian and Clark Partnership, Inc. He said he had reviewed the contract, which was the AIA Standard Form between Owner and Architect. He said it provided for compensation for architect services in the amount of $28,300. He said there was an addendum that the County attached to that agreement that provided that disputes were not subject to arbitration but must be decided in the Catoosa County Superior Court; that the architect waived the Prompt Payment Act and was responsible for the provision that if the architect had any sales or use taxes, they would be required to be paid by the architect. County Attorney Patty recommended that the Board approve the Standard Form Agreement between the Owner and Architect dated February 8, 2007 as amended by the addendum outlined to the Board and as further amended by the overrun stated by the Chairman, which Mr. Patty would add to the addendum. Chairman Clark withdrew his original motion and made the motion to adopt the recommendation made by Mr. Patty. Commissioner Marks seconded the motion and the motion carried unanimously. [Copy of Agreement on File in County Commission Office]
AGREEMENTS FOR POSTAGE AND COPY MACHINES Chief Financial Officer Henson presented the following contracts for approval:
§ Annual maintenance contract for mailing equipment with Hasler Company in the amount of $522 for Tax Commissioner’s Office;
§ Maintenance contract with Duplicator Supply in the amount of $477.00 for the copy machine in Tax Commissioner’s Office;
§ Maintenance contract with Duplicator Supply in the amount of $200.00 for the copy machine at the Fire Department in Ringgold;
§ Maintenance contract with Duplicator Supply in the amount of $652.00 for Recreation Department; and
§ Maintenance contract with Royal Office Equipment in the amount of $546.00 for the copy machine at the Learning Center. Mr. Henson said the copy machine was a new machine that was received as a grant.
Chairman Clark called for all in favor of approving the contracts to indicate by saying aye. There was no opposition and the contract was unanimously approved. [Contracts on File in Commission Office]
Bobby Henson, Resident. Mr. Henson said he was speaking on behalf of himself and his neighbors. He said they had a situation in their neighborhood, one they felt was a nuisance and blatant disregard for other people in the neighborhood, and one they considered to be a form of harassment and passive/aggressive behavior. Mr. Henson said they had a neighbor that had a band who had been practicing music for 3 years multiple nights a week in a detached building with those practices lasting more than 2 hours and as late as 9:45 to 10:00 p.m. He said the low frequency noise filled every room of his house. He said for 3 years he had been trying to get some type of Ordinance in place to restore peace and sanctity to his home. Mr. Henson cited actions take by he and/or his neighbors:
§ Went to the neighbor on numerous occasions to try and come up with a peaceful resolution and each time had gotten an adversarial response;
§ Spoken to the Sheriff’s Department who had responded they could not do anything because there was no Ordinance in place;
§ Went before the Zoning Commission and they said they needed 3 complaints before it was a nuisance. He followed their requirement and got 5 complaints and then Zoning Commission said there was nothing they could do;
§ Sheriff Summers called the DA’s office on their behalf and suggested they get a petition signed. All 8 neighbors signed the petition, and it was submitted to the DA’s office. A few weeks later they received a response stating there was nothing that could be done because there was not an Ordinance.
Mr. Henson said he felt things such as hammers, dozers, backhoes, and traffic were growing pains, and those things had no volume control; however, a sound system did have volume controls. He said this was much more than a boom box or somebody passing through the neighborhood with a car radio too loud—this was a live band that played multiple nights weekly. Mr. Henson said he felt a man had a right to sit in his home without the selfish intrusion of other people, and he and his neighbors felt their rights were being violated. He said he did not complain about the noise outside of his home, but it was when he was inside his home with the door closed that he felt he had the right to escape the daily grind and get away from this type of nuisance. At the request of Chairman Clark, County Attorney Patty said he would draft an Ordinance and submit it as an amendment to the Zoning Ordinance and present it to the Planning Commission for a public hearing for it to come back to the Board of Commissioners.
There were no commissioner comments.
EXECUTIVE SESSION Chairman Clark said the Board would enter into executive session for legal advice. By way of roll call, the Board unanimously voted to enter into executive session at 9:25 a.m. Chairman Clark said there had been no action taken in executive session and called for all in favor of coming out of executive session to indicate by saying aye. The Board unanimously agreed to come out of executive session at 10:00 a.m.
OPEN SESSION
R. N. TALLEY PROPERTIES, LLC VS. CATOOSA COUNTY Commissioner Emberson said the Superior Court of Catoosa County ruled against a Catoosa County Ordinance with regard to the Talley Asphalt Plant and Mr. Emberson made the motion that the County appeal the ruling to the State Supreme Court. The motion was seconded by Commissioner Winters. The motion was unanimously approved to appeal the ruling.
ADJOURNMENT There was no further business to come before the Board, and upon motion by Commissioner Marks, seconded by Commissioner Emberson, the meeting was adjourned by unanimous consent at 10:05 a.m.
CATOOSA COUNTY BOARD OF COMMISSIONERS
William H. H. Clark, Chairman
Ken Marks, Commissioner, District One
Robert R. Winters, Commissioner, District Two
James F. Emberson, Commissioner, District Three
Dewayne Hill, Commissioner, District Four