CATOOSA COUNTY BOARD OF COMMISSIONERS
ADMINISTRATION BUILDING, 800 LA FAYETTE ROAD
September 18, 2007, 6:00 p.m.
The regular meeting of the Board of Commissioners was held Tuesday, September 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: DOT Contracts Busses/Capital; Post Volunteer Fire Department Funding; CDBG Check Presentation; Maintenance Contract Tax Assessors Office; Intersection of Three Notch Road and Poplar Springs Road Paving; Reschedule Regular Meeting Date of October 2nd Remove: GeoSyntec Contract; Online Surplus List; Appointment of Committee to Sell Online Surplus. By unanimous consent the agenda was approved as amended.
MINUTES
Chairman Clark called for approval of the minutes of the Regular Meeting of September 4, 2007. There were no corrections and the minutes were unanimously approved as presented.
AUDIT ENGAGEMENT LETTER FOR CURRENT YEAR AUDIT Carl Henson, Chief Financial Officer, presented the Commissioners with the audit engagement letter for the current fiscal year ending September 30th. Mr. Henson said the proposal is from the current firm Johnson, Hickey, and Murchison. Catoosa County has had for the last four years a reduction in the audit fee of $20,500 each year. The fee has been capped the last three years at $50,500, in the current proposal they are requesting an increase of $1500 to cover additional expenses bringing the total fee not to exceed $52,000. Mr. Henson said he feels this is a reasonable request since the revenue and expenditures during the past 5 years has increased 43.5% and therefore the exposure and number of transactions that they are required to audit has also increased. Chairman Clark called for all in favor of approving Johnson Hickey Murchison as auditors do so by saying aye. There was no opposition and the motion was approved by unanimous consent.[Letter on File in Commissioners Office]
PROPOSED BUDGET AMENDMENT FOR FISCAL YEAR 2007-2008 Carl Henson, Chief Financial Officer presented a budget amendment resolution for the fiscal year 2007-2008. The resolution is as follows:
RESOLUTION # 07-011
WHEREAS, the county’s fiscal year begins October 1, 2007 and ends September 30, 2008, and
WHEREAS, state law requires that each county operate under a balanced budget adopted by ordinance or resolution, and
WHEREAS, the annual budget can be amended during the fiscal year to adapt to changing governmental needs, and
WHEREAS, the budget shall be adopted at the legal level of budgetary control which is the fund/department level. That is, expenditures may not exceed the total for any department within a fund without the board of commissioners’ approval. The Budget Officer, however, shall have the authority to transfer appropriations within a department within a fund from one line item (to another object classification within the same department) to other line items, except for salary line items. The county Board of Commissioners must approve any increases in any salary line item, and
WHEREAS, the county staff prepared a proposed balance budget stating the anticipated revenues by source and expenditures by department for the proposed fiscal year, the current fiscal year as well as the previous fiscal year, and
WHEREAS, the county Chief Financial Officer submitted the proposed budget to the Catoosa County Board of Commissioners on July 25, 2007, displayed a copy of the proposed budget in the Office of the Board of Commissioners, and displayed a copy on the bulletin board of the Catoosa County Administrative Building, and the Courthouse Annex for public review, and provided the Catoosa County News with a copy of the proposed budget, and
WHEREAS, county staff notified the public, through a newspaper advertisement that the proposed budget is available for review in the Office of the Board of Commissioners of Catoosa County, and the time and day of the budget public hearing, and
WHEREAS, the Board of County Commissioners conducted public hearings on August 7, 2007 at 9:00 a.m. and August 21, 2007 at 6:00 p.m. to discuss the proposed budget, and
WHEREAS, county staff notified the public, through a newspaper advertisement, of the adoption of the budget resolution, and
WHEREAS, the Board of Commissioners adopted the budget amendment resolution on September 4, 2007 as follows:
General Fund Revenues and Expenditures - $23,104,133
Special Revenue Funds Revenues and Expenditures - $1,503,599
Enterprise Funds Revenues and Expenditures - $832,215
Capital Project Funds Revenues and Expenditures - $8,600,000*
Total Annual Budget - $34,039,947
WHEREAS, Catoosa County did enter into a contract with the Catoosa County Foundation for the Performing Arts, Inc. for the operation of the Colonnade and desires to allow the Foundation to use the money collected as building rent and theatre admission to offset its expenses. Based on the projected revenue and expenditures, Catoosa County did budget in the expenditure budget (Page 84) an expense of $75,000.
WHEREAS, Catoosa County Foundation for the Performing Arts, Inc. does not have the staff to handle the accounting for the revenues and expenditures, they have requested that the County handle these transactions as they had in the past. Therefore, budgeting the projected revenues in the amount of $340,000 and projected expenditures in the amount of $415,000 with expenditures exceeding revenue by $75,000.
THEREFORE, BE IT RESOLVED, that the Catoosa County Board of Commissioners hereby amends the fiscal year 2007-08 budget as provided herein.
So resolved this eighteenth day of September 2007.
*For information only.
A project length budget has been adopted for the 2004 SPLOST to run for five years in the amount of $43,000,000.
Chairman Clark called for all those in favor of approving the Budget Amendment Resolution for fiscal year 2007-2008 do so by saying aye. There was no opposition and the Resolution was approved by unanimous consent.
CONFIRM PREMIUMS FOR PROPERTY AND LIABILITY INSURANCE RENEWAL WITH ST. PAUL TRAVELERS Carl Henson, Chief Financial Officer, stated at the last Board of Commissioners meeting the Board approved the renewal of the property and liability insurance with the current carrier St. Paul. St. Paul’s had proposed a renewal with projected reductions in rates arranging from 5-9%. Mr. Henson stated he has now received the renewal and the rates decreased between 5-9% as projected, but due to the increase in exposure the bulk of which was property, inland marine, law enforcement liability, and automobile liability the net premium reduction was $15,150 or 3.6%. Chairman Clark called for all those in favor of approving the insurance renewal do so by saying aye. There was no opposition and the renewal was approved by unanimous consent.
RECOGNITION OF EMPLOYEE Olney Meadows, Public Works Director, said it gives him great pleasure to recognize one of the Public Works employees. Mr. Meadows stated he would like to take this opportunity to recognize the efforts of Mr. James Flowers who has been in charge of the Landfill for many years. Mr. Flowers has played a major role in the timely ending of probation by records keeping, methane monitoring, landfill maintenance, and leachate operations. Most recently he has carried out with staff the phase I Corrective Action Plan installing aprons to seal out water and air from extraction wells, and mounted a sustained effort to pump leachate out of the wells enhancing the balance and performance of the entire system. Mr. Flowers has also kept meticulous records on the disposal of the leachate into the Moccasin Bend Treatment Facility. The records must be done timely and accurately and in compliance with state and federal regulations. Mr. Meadows read a short letter from the City of Chattanooga Department of Public Works to Mr. Flowers. The letter stated would like to announce the silver anniversary of their industrial waste pretreatment program and as part of the celebration they would like to present Mr. Flowers with a certificate of appreciation on behalf of the City of Chattanooga in recognition of Catoosa County’s solid waste landfill contribution to pre-treatment excellence. Mr. Meadows stated this was just one example of the good work and excellent record keeping Mr. Flowers has achieved at the Landfill. Chairman Clark stated on behalf of the Board of Commissioners he would like to thank him for his good work and help.
TAX REFUND REQUEST – RENA-JEAN DEVELOPMENT, LLC. Dale McCurdy, Tax Assessor, discussed the memorandum the Commissioners have received from the Tax Commissioner regarding a refund request from a property owner named Rena Jean Development. Mr. McCurdy stated property owners could file for refunds based on erroneous assessments that may occur through the office. The tax refund in question was received in August for tax parcels 11d 53, 59, and 19e15. In his search for the refund request he could not determine that a refund was necessary. Mr. McCurdy said he would recommend the Board make a refund in the amount of $64.65 that was not noted on the Tax Commissioners memorandum. County Attorney Patty stated if the Board of Commissioners denies the property owner the request for refund he has the right to appeal to Superior Court. Dale McCurdy stated he recommends the Board of Commissioners make no refunds for tax parcel 11d-59 for the 2 years requested or for 19e15 for the prior years requested, but does recommend the Board of Commissioners approve a refund for tax parcel 11d53 in the amount of $64.65 for a discrepancy in acreage. Chairman Clark called for all those in favor of approving Mr. McCurdy’s recommendation do so by saying aye. There was no opposition and the motion was approved by unanimous consent.
DOT CONTRACTS BUSSES/CAPITAL Carl Henson, Chief Financial Officer, stated on May 1st the Board of Commissioners approved the operational contracts with DOT and in addition to that there is a capital improvement assistance contract which relates to the busses that are used in Trans-aid. Mr. Henson said there are two busses scheduled and the estimated cost is $98,000, federal support is 80% or $79,400, state support is 15% or $14,700, leaving a balance for the local to contribute $4,900 or 5% of the purchase cost of the two busses. Chairman Clark called for all those in favor of approving the DOT contracts do so by saying aye. There was no opposition and the contract was approved by unanimous consent. [Contract on File in Commissioners Office]
POST VOLUNTEER FIRE DEPARTMENT FUNDING Chairman Clark said the gentlemen from Post Volunteer Fire Department are in attendance and have been discussing how to fund the Department for the coming year in light of the fact of the Fire Resource Committee trying to work out a way to consolidate the Fire Departments. Chairman Clark said he recommends the County fund Post Volunteer for 3 months at the same rate as they are receiving now for the same service they are now providing, if at the end of the 3 months if the County has not consolidated the Board will go back and readdress the issue. Commissioner Marks and Commissioner Winters stated they feel Chairman Clark’s recommendation is an excellent recommendation. Chairman Clark called for all those in favor of approving the recommendation concerning the funding of Post Volunteer Fire Department do so by saying aye. There was no opposition and the recommendation was approved by unanimous consent.
CDBG CHECK PRESENTATION Chairman Clark stated he went to Savannah last week and received a check for $500,000 from the Community Development Block Grant Program. Mr. Clark said the federal government gives each of the states money aimed primarily at infrastructure (water, sewer) for community’s of low to moderate income areas. Last year the County received a $500,000 grant and has used it in the Lakeview community, Phase I - 41 residents were put on sewer, Phase II – 62 residents will be put on the sewer system. Chairman Clark said he would like to thank Commissioner Mike Beatty, Department of Community Affairs, and Governor Perdue who presented the County with the check. Commissioner Ken Marks said he would also like to thank Olney Meadows, Public Works Director, for taking the lead in applying for the CDBG grants.
MAINTENANCE CONTRACT FOR TAX ASSESSOR WEBSITE Dale McCurdy, Tax Assessor, presented the proposed maintenance contract for the Tax Assessors website. Mr. McCurdy stated he has been using a demonstration website offered by Qpublic for the last several months for free to get feedback from the Community on using the website to research property tax information and he has received an overwhelmingly positive response to having the information available online. Due to the response from the community he would like to recommend that the Board of Commissioners approve a one-year maintenance contract for $4500 with Qpublic to provide that information online. Mr. McCurdy stated eventually the company would be able to put the GIS data online as well. 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. [Contract on File in Commissioners Office]
PAVING OF THREE-NOTCH ROAD AND POPLAR SPRINGS INTERSECTION Olney Meadows, Public Works Director, stated the intersection of Poplar Springs and Three-Notch Road is a very narrow road and there are safety issues at the intersection. Mr. Meadows stated he has presented to the Interim County Manager a small paving project that will improve the safety of the intersection. Interim County Manager, Mike Helton stated the approximate cost of the project is $5,984 and due to the increased traffic from schools it is truly a safety issue for citizens. Chairman Clark called for all those in favor of approving the paving project do so by saying aye. There was no opposition and the project was approved by unanimous consent.
COUNTY MANAGER REPORT Mr. Helton, Interim County Manager, reported on the following:
· Researched and met with Department Supervisors over the past two weeks to look into projects ongoing and past.
· 3 Departments are assisting with the completion of the Animal Shelter Crematory Project – Allen Ridley, Gary Blackwell, and Olney Meadows are all working together with their staff to complete the project. According to Mr. Ridley the project is approximately 70% complete. Darla Proctor, Animal Control Director, is in the process of preparing a proper fee schedule to present to the Board. Training will be provided to employees once the project is completed to prevent accidents.
· Shirley Bowman, DOT, visited the Colbert Hollow Bridge Project Site and she is very pleased and feels the project is moving along well and will be completed close to the time frame projected. Site was inspected immediately after heavy rain and the DOT wanted to commend the County, specifically Allen Ridley, for the Erosion Control measures put in place.
FINANCIAL REPORT
Chief Financial Officer Carl Henson presented the financial report for the 11 months ending August 31. [SEE EXHIBIT A]
OLD BUSINESS
PROPOSED ZONING ORDINANCE AMENDMENT – YARD SALES AND SWIMMING POOLS County Attorney Chad Young presented the proposed zoning ordinance amendment to regulate yard sales and open air markets and to also include additional requirements for swimming pools and to relocate the section to another part of the ordinance where it would make more sense. The Planning Commission understands due to the negative feedback Commissioners have received concerning the yard sale portion of the proposed amendment they are willing to withdraw that portion to give it further study but they would like for the Board to proceed with the proposed ordinance amendment concerning swimming pools. Donald Brown, Zoning Director, stated the requirements concerning swimming pools is already in the ordinance under the sign ordinance they would just like to relocate the section to a more sensible location within the ordinance. Commissioner Ken Marks made a motion to approve the proposed zoning ordinance amendment to move the section concerning swimming pools to another location within the ordinance. Commissioner Hill seconds the motion. There was no opposition and the motion was passed by unanimous consent. The Amendment is as follows:
AN ORDINANCE TO AMEND THE CATOOSA COUNTY ZONING ORDINANCE; TO PROVIDE FOR AN EFFECTIVE DATE OF THE AMENDMENT; TO REPEAL CONFLICTING ORDINANCES
Ordinance # 07-010
The Catoosa County Board of Commissioners (the “Board of Commissioners”) has previously adopted an ordinance known as the Catoosa County Zoning Ordinance (the “Zoning Ordinance”). The Zoning Ordinance contains regulations governing the permitted uses of real property lying within Catoosa County, divides property uses into zoning classifications, provides that certain fees may be charged in connection with the Zoning Ordinance and provides for other items.
Article VI of the Zoning Ordinance contains general regulations and requirements applicable to all sections of the Zoning Ordinance and Article X of the Zoning Ordinance contains various regulations and requirements applicable to the erection and maintenance of outdoor advertising signs and other signs, which also includes regulations governing fences and swimming pools.
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 Zoning Ordinance to re-locate regulations governing swimming pools and fences to a different Section of the Zoning Ordinance. 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, including but not limited to the rights of owners of adjoining property.
The Board of Commissioners desires, by this Ordinance, to amend and revise the regulations of the Zoning 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. Addition of Section 6.12 Concerning Swimming Pools: There is hereby added a new Section 6.13 which shall provide as follows:
“6.12 Swimming pools:
6.12.1 Swimming pools shall be permitted as accessory uses in residential zoning districts. Swimming pools shall only be permitted to be located in the side or rear yards of a property. All portions of a swimming pool (including the pool itself, any re-circulation pumps, sumps, heaters, filtration or treatment systems, chemical tanks or pool-related machinery) shall be set back a minimum of ten feet from the side and rear property lines of a property. Swimming pools shall further comply with the Building Code Ordinances and regulations of Catoosa County and Board of Health/Health Department regulations or ordinances applicable thereto.
6.12.2 Any person constructing a swimming pool within three hundred (300) feet of a dwelling which is not owned by the individual constructing the swimming pool shall also construct a complete enclosure around such pool to a height of at least thirty six (36) inches above the surrounding ground grade. As used in this Sub-Section, the term “enclosure” shall mean a fence, wall or similar structure. Provided, however, that a swimming pool which has a side rim at a height of more than three (3) feet above the surrounding ground grade shall not be required to construct the enclosure required hereunder but shall install a gate or other similar barrier with a minimum height of thirty six (36) inches at all access points to the pool area.”
2. Deletion of Section 10.6: The existing Section 10.6 of the Zoning Ordinance regulating Swimming Pools and Swimming Pool fences is hereby deleted in its entirety.
3. Repeal of Conflicting Ordinances: Except as specifically amended herein, all current provisions of the Zoning Ordinance which are not affected by this Amendment, 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.
RECOMMENDATION FROM PUBLIC WORKS/SOLID WASTE MANAGEMENT AUTHORITY FOR THE APPROVAL OF PROPOSAL SUBMITTED BY THE CITY OF RINGGOLD FOR THE 2004 SPLOST CYCLE PEAVINE BASIN SEWER PROJECTS County Attorney Chad Young stated that at the last meeting of the Public Works/Solid Waste Management Authority the City of Ringgold presented a proposal for the City of Ringgold to act as the Projects Administrator for the County for sewer projects in the Peavine Basin that are constructed with SPLOST funds. The City would propose they would work with the County, the County would still bid the project, still select the engineer, still select the contractor and enter into the contracts. The City would have input and would help to acquire easements and work with the contractor on technical issues about the sewer lines. The City feels this would help projects run more smoothly and will help expedite projects. Mr. Young stated the Public Works Authority voted unanimously to recommend approval of the proposal to the Board of Commissioners. Mr. Young stated if the Board approves the proposal he will draft an intergovernmental agreement between the County and the City and work the terms out and present it to the Board. Chairman Clark called for all those in favor of approving the recommendation from the Public Works/Solid Waste Management Authority do so by saying aye. There was no opposition and the recommendation was approved by unanimous consent.
RESCHEDULE REGULAR BOARD OF COMMISSIONERS MEETING DATE SCHEDULED FOR OCTOBER 2, 2007 AT 9:00 A.M. Chairman Clark called for all those in favor of approving a resolution to move the regular scheduled meeting of the Board of Commissioners on October 2, 2007 at 9:00 a.m. to October 3, 2007 at 2:00 p.m. do so by saying aye. There was no opposition and the resolution was approved 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 7:05 p.m. The Board voted unanimously to come out of executive session at 7:47 p.m.
ADMINISTRATION MATTERS
LANDFILL PROBATION County Attorney Skip Patty said effective August 31, 2007 probation for the Landfill ended, during the probation period the County was required under court order to keep reserve funds for landfill maintenance. County Attorney Patty stated the Board should vote on keeping the funds in the reserve for future landfill use and maintenance. Chairman Clark called for all those in favor of keeping the funds in reserve for future landfill use and maintenance do so by saying aye. There was no opposition and the motion was approved by unanimous consent.
ADJOURNMENT There was no further business, and the Board unanimously agreed to adjourn the meeting at 7:48 p.m.