The regular meeting of the Board of Commissioners was held at on Tuesday, June 5, 2007 at 9:03 a.m. in the Catoosa County Administrative Building, Ringgold, Georgia.
PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG AND INVOCATION
Attorney Patty 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: Executive Session. Remove: None. The Board unanimously approved the amended agenda.
MINUTES
Chairman Clark called for corrections or approval of the minutes of the regular meeting of May 15, 2007, and the called meeting of May 29, 2007. There were no corrections and the minutes were approved as presented by unanimous consent.
AMINISTRATIVE-FISCAL MATTERS
LARP Contract County Manager Ron Brown presented the annual LARP Contract. Mr. Brown stated this year the County has 24 Roads on the contract. Mr. Brown stated the contract includes portions of the following roads: Aldridge Circle, Battleview Drive, Brownwood Lane, Debbie Lane, Meadowgreen Drive, Murphy Lane, Park Street, State Line Road, and Sutton Drive for example. Mr. Brown stated staff recommends the Chairman sign the contract. Commissioner Winters requested the Commissioners be provided with a copy of the roads on the contract. Chairman Clark called for all those in favor of approving the LARP contract do so by saying aye. There was no opposition and the contracts were approved by unanimous consent.
APPROVAL CHANGE IN SCOPE OF SERVICES/ WORK FOR MORRIS ESTATES PROJECT - INSITUFORM Attorney Patty discussed Insituform’s Change Order #1 for the Morris Estates sewer rehabilitation project. Mr. Patty stated the total cost of the change order comes to $60710.90. Mr. Patty stated the change order has been approved and recommended for approval by the Public Works Board. Chairman Clark called for all those in favor of approving the Change Order #1 for the Morris Estates Sewer Rehabilitation Project do so by saying aye. There was no opposition and the change order was approved by unanimous consent.
REPORTS
· Mr. Brown stated July 14, 2007 the County would be holding an auction at the Lakeview High School grounds. Mr. Brown stated the School System, Cities, and Utility Company will also be joining in the auction.
· Mr. Brown discussed the drought situation in the County and the State.
· Commissioner Marks questioned the status of the crematorium at the Animal Shelter. County Manager Brown stated the crematory is here and he has a call in to see if the County can get a prison crew to do the block work, should be in operation in a few weeks.
CHAMBER OF COMMERCE REPORT Martha Eaker, president of the Chamber of Commerce, presented the Board with an update of the Chamber of Commerce’s accomplishments throughout the year and events and goals planned for the upcoming year.
OLD BUSINESS
TRANSPORTATION ENHANCEMENT GRANT Olney Meadows, Public Works Director, discussed the application for the Transportation Enhancement Grant. Mr. Meadows stated the grant will be for the Benton Place walking trail, which has several segments but the primary segment will be to finish the Citizens and Veterans Memorial in addition it will provide a 1.8-mile walking trail around the campus. Mr. Meadows stated the project is budgeted at $435,370 with a match of in kind services of $45,000 of labor and equipment. Chairman Clark called for all those in favor of approving the application for the Transportation Enhancement Grant do so by saying aye. There was no opposition and the grant application was approved by unanimous consent.
LOOKOUT MOUNTAIN COMMUNITY SERVICES CONTRACT County Manager Ron Brown discussed the renewal of the contract with Lookout Community Services. Mr. Brown stated the contract is for the transportation of seniors to the Senior Center. Mary Pentecost, Trans-aid Director, stated the contract is different from the contract with DOT she stated the contract was originally for $45,000 but has been increased to $51,750. Mrs. Pentecost said the contract is only for bringing the seniors to the Senior Center. Chairman Clark called for all those in favor of approving the contract do so by saying aye. There was no opposition and the contract was approved by unanimous consent.
NEW BUSINESS
CONTRACT FOR PURCHASE OF 2 CATERPILLARS County Manager Ron Brown stated the contract is for the purchase of 2 Caterpillars dozers under federal contract through Yancey Brothers Company to be paid for by SPLOST funds. Mr. Brown stated like for the Board to approve trading in a small and large dozer for trade in value of $43,000. Chairman Clark called for all those in favor of approving the contract to purchase the 2 dozers from Yancey Brothers Company do so by saying aye. There was no opposition and the contract was approved by unanimous consent.
AMENDMENT TO THE ZONING ORDINANCE County Attorney Patty discussed the proposed amendment to the text of the Catoosa County Zoning Ordinance as follows: to establish a Planning Commission of five members or such other number of members of the Planning Commission as the Board of Commissioners deems appropriate; to provide for the establishment of the qualification of the members of the Planning Commission; to provide for the post and terms of the members of the Planning Commission; to provide for the appointment of the members of the Planning Commission and to assign posts to the members appointed; to provide for the appointment of a Chairman of the Planning Commission; to provide for the term of the Chairman of the Planning Commission; to provide for a quorum for the Planning Commission to transact business; to provide for the hearing of recommendations to the Board of Commissioners; and to generally provide for the administration of the Catoosa County Zoning Ordinance. County Attorney Patty stated Post 1,2, and 3 will be appointed and serve until December 31, 2007 the successors of Post 1, 2, and 3 will be appointed to a term of 3 years to commence on January 1, 2008. Attorney Patty stated Post 4 and 5 would be appointed an serve until December 31, 2008 the successors of Post 4 and 5 will be appointed to a term of 3 years to commence on January 1, 2009. Attorney Patty stated the Chairman of the Planning Commission would be appointed to serve until January 1, 2008 thereafter the Chairman will be selected by the members of the Planning Commission to serve annually in that post. Attorney Patty stated with respect to the qualifications of the Planning Commission the phrase “[a] preference should be given to applicants who have had experience in the study of, or practice, in the field of land use planning or real property transactions” has been deleted. Attorney Patty said section 12.1.7 has also been revised to provide that any member of the Planning Commission may be removed by a majority vote of the Board of Commissioners. Chairman Clark made a motion to approve the amendment to the Zoning Ordinance. Commissioner Winters second the motion. Commissioner Emberson stated he has a serious problem with section 12.1.7 which deals with the removal of any member at any time without due cause, he feels this section is political intimidation and he sees no other reason to have this. Commissioner Emberson moved to amend the Zoning Ordinance to remove the section 12.1.7 that states any member of the Planning Commission may be removed by a majority vote of the Board of Commissioners. Commissioner Marks second the amendment. Chairman Clark called for all those in favor of the amendment do so by saying aye. The Clerk called the roll. The amendment failed with a 2-3 vote. Commissioner Winters, Commissioner Hill, and Chairman Clark voted nay. Commissioner Emberson, and Commissioner Marks voted aye.
Commissioner Marks made a motion to amend the Zoning Ordinance to provide that a member from each district be represented on the Planning Commission. Commissioner Emberson second the amendment. Chairman Clark called for all those in favor of the amendment do so by saying aye. The Clerk called the roll. The amendment failed with a 2-3 vote. Commissioner Winters, Commissioner Hill, and Chairman Clark voted nay. Commissioner Emberson, and Commissioner Marks voted aye.
Commissioner Marks questioned the possibility of adding an alternate to the Planning Commission in the case of the absence of a member. Commissioner Marks made a motion to include an alternate for the Planning Commission to serve in the absence of a member. Commissioner Winters second the motion. The Clerk called the roll. The motion passed by unanimous consent. Chairman Clark called for any discussion on the main motion to approve the amendment to the Zoning Ordinance. There was no further discussion.
Chairman Clark called for all those in favor of the amendment to the Zoning Ordinance do so by saying aye. The Clerk called the roll. The motion passed with a 4-1 vote. Commissioner Emberson voted nay. Chairman Clark, Commissioner Hill, Commissioner Winters, and Commissioner Marks voted aye.
APPOINTMENT OF CATOOSA COUNTY PLANNING COMMISSION MEMBERS County Attorney Patty presented the ballots for the Board to appoint 5 members and 1 alternate to the Planning Commission. There were 5 vacancies plus 1 alternate and 15 applicants: Danielle Morgan-Hooper, Ronnie Cobb, Dale Lyons, Nelson Richardson, Charlie Lamar, Roger Bowman, Jr., Barbara Wilson, William Bowen, Hudon Tatum, Phillip Spencer, Gregory Grayson, Wayne Sturdivan, Raymond Clark, Jerry Hawthorne, and Randy Smith. The County Clerk and County Attorney counted the ballots and the following people were appointed to the Planning Commission: Post 1, Roger Bowman Jr.; Post 2, Wayne Sturdivan; Post 3, Raymond Clark; Post 4, Jerry Hawthorne; and Post 5, Randy Smith. Nelson Richardson was appointed the alternate position. Chairman Clark called for all those in favor of appointing Roger Bowman, Jr Post 1, Wayne Sturdivan Post 2, Raymond Clark Post 3, Jerry Hawthorne Post 4, Randy Smith Post 5, and Nelson Richardson as alternate do so by saying aye. There was no opposition and the motion passed by unanimous consent.
APPOINTMENT OF CHAIRMAN OF CATOOSA COUNTY PLANNING COMMISSION Commissioner Emberson moved that Roger Bowman, Jr. be appointed Chairman of the Planning Commission. Chairman Clark second the motion. There was no opposition and the motion passed by unanimous consent.
Phyllis Williams, Resident. Stated that at the last meeting of the Public Works Board on the agenda there was a place where the County is going to spend $3800 to clear up a stormwater problem, said she would like to know who the Developer was at Hickory Oaks and hold them responsible for the problems. She feels the County should be holding the Developer’s responsible for the stormwater problems that develop. County Manager Ron Brown stated staff is looking into an ordinance that would be in effect that the developer would be responsible for so much distance up and down the road on both sides of the development and as far as the developer it is being looked into also.
None.
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 at 9:45 a.m. The Board voted unanimously to come out of executive session at 10:35 a.m.
ADJOURNMENT There was no further business, and the Board unanimously agreed to adjourn the meeting at 10:36 a.m.