CATOOSA COUNTY BOARD OF COMMISSIONERS
ADMINISTRATION BUILDING, 800 LA FAYETTE ROAD
January 15, 2008, 6:00 p.m.
The regular meeting of the Board of Commissioners was held Tuesday, January 15, 2008 at 6:00 p.m. in the Catoosa County Administrative Building, 800 LaFayette Street, Ringgold, Georgia.
County Attorney Patty 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: Appointment of Vice-Chairman for Board of Commissioners; Boynton Elementary 3rd Annual Tech Trek; Remove: Final Budget Amendment for Fiscal Year Ended September 30, 2007; Budget Amendment for Fiscal Year Ending September 30, 2008; Renew Line of Credit to Provide the ability to partially finance by a tax anticipation note select 2004 SPLOST projects. By unanimous consent the agenda was approved as amended.
MINUTES
Chairman Clark called for approval of the minutes of the regular meeting of December 18, 2007. There were no corrections and the minutes were unanimously approved.
BOYNTON ELEMENTARY 3RD ANNUAL TECH TREK Brandy McDade, Boynton Elementary, stated Boynton Elementary is requesting the use of County roads for a charity race for the school. Ms. Mcdade stated Boynton Drive, Pine Grove Road, and Old Mill Lane were the roads that would be closed briefly during the race. Chairman Clark called for all those in favor of approving the use and closing of the roads indicate so by saying aye. There was no opposition and the motion was approved by unanimous consent.
BOARD OF ELECTIONS PAY INCREASE Carl Henson, Chief Financial Officer, presented the request from the Board of Elections for a pay increase for poll workers and the Board. Mr. Henson stated the current rate for the managers is $125 per day and the proposed increase is $150 per day, the assistant managers current rate is $6 per hour and the proposed increase is $130 per day, the clerks current rate is $6 per hour and the proposed increase is $8 per hour, the advanced voting current rate is $6 per hour and the proposed increase is $8 per hour, for the Board the current rate is $7 per hour and the proposed increase is $9 per hour. Mr. Henson stated the increase is roughly a 30% increase but there has not been an increase in the past 12 years. Chairman Clark called for all those in favor of approving the increases to indicate so by saying aye. There was no opposition and the motion was approved by unanimous consent.
APPOINTMENT OF DEPUTY CLERK FOR BOARD OF COMMISSIONERS County Attorney Patty stated that at this time the County does not have a deputy clerk to act in the absence of the County Clerk and the Board needs to appoint someone to the position by way of resolution. Attorney Patty stated it has been recommended that Christal Thomas be appointed as Deputy Clerk. Chairman Clark called for all those in favor of appointing Christal Thomas as deputy clerk indicate so by saying aye. There was no opposition and the resolution was approved by unanimous consent.
CONTRACT RENEWAL WITH JOHN CAMPBELL – ELECTION TECHNICIAN AND TRAINING Carl Henson, Chief Financial Officer, presented the proposed contract with John Campbell to serve as the elections technician and training for clerks. Mr. Henson stated Mr. Campbell has served the County since 2003 and charged $25 per hour by way of a contract and he is proposing an increase to $40 per hour. Mr. Henson stated the Board of Elections is recommending the Commission renew the contract with Mr. Campbell with the increase requested due to his experience and lower rates compared to other providers. Chairman Clark called for all those in favor of renewing the contract indicate so by saying aye. The Clerk called the roll. The contract was approved by a 4-1 vote with Commissioner Marks voting nay.
ADJUST MILEAGE ALLOWANCE TO 2008 IRS STANDARD MILEAGE RATE Carl Henson, Chief Financial Officer, stated each year the County adopts the IRS standard mileage rate for the reimbursement of travel. Mr. Henson stated the IRS rate increased by $.02 going from 48.5$ to 50.5$. Chairman Clark called for all those in favor of adopting the 2008 IRS standard mileage rate indicate so by saying aye. The Clerk called the role. The motion was approved by a 4-1 vote with Commissioner Marks voting nay.
PROPOSAL FOR ARCHITECTURAL SERVICES ON KEITH RECREATION CENTER – 2004 SPLOST Carl Henson, Chief Financial Officer, presented the proposal from Killian & Clark for architectural services on the Keith recreation center. Mr. Henson stated the amount of the proposal is $29,700. Commissioner Hill stated the proposal is for a gym, addition for fire truck, and possibly housing an ambulance. Chairman Clark called for all those in favor of approving the proposal for architectural services with Killian & Clark indicate so by saying aye. There was no opposition and the proposal was approved by unanimous consent.[Proposal on File in Commission Office]
ANNUAL HARDWARE MAINTENANCE AND SOFTWARE SUPPORT AGREEMENTS FOR CALENDAR YEAR 2008 Carl Henson, Chief Financial Officer, presented the various annual contracts for hardware maintenance and software support for the calendar year 2008. Chairman Clark called for all those in favor of approving the contracts indicate so by saying aye. There was no opposition and the contracts were approved by unanimous consent. [Contracts on File in Commission Office]
APPOINTMENT OF VICE-CHAIRMAN FOR BOARD OF COMMISSIONERS Chairman Clark stated that at the first meeting of the Board of Commissioners each year the Board elects a Vice-Chairman and the selection is normally done by rotation of districts and if the Board wishes to continue in that order Commissioner Winters would be the next Vice-Chair. Chairman Clark made a motion to elect Commissioner Winters as Vice-Chairman for 2008. Commissioner Marks second the motion. Chairman Clark called for all those in favor of electing Commissioner Winters as Vice-Chairman indicate so by saying aye. There was no opposition and the motion passed 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 3-months ending December 2007, which is 25% for the year. Mr. Henson stated operating revenues for the 3-month period were $5,854,000, 25.2% of the budget; therefore, exceeding the budget by $38,400, .7%, exceeding prior year by $254,000, 4.5%. Operating Expenditures for the same period were $5,261,000, 23.5% of budget; therefore, less than budget by $334,000, 5.97%, although exceeding prior year budget $367,000, 7.5%. [ATTACHED HERETO AS EXHIBIT A]
OLD BUSINESS
RATIFY CMAQ GRANT APPLICATION SUBMITTAL Olney Meadows, Public Works Director, discussed the Congestion Mitigation Air Quality Grant (CMAQ). Mr. Meadows stated the County previously received one grant for improving Cross Street and Lakeview intersection and the grant if approved would provide 5-new dump trucks. Mr. Meadows stated the Board approved him proceeding with the application for the grant and the Chairman signed the application therefore the Board is requested to ratify the CMAQ grant application submittal for the 5-new dump trucks. Chairman Clark called for all those in favor of ratifying the CMAQ grant application submittal indicate so by saying aye. There was no opposition and the application submittal was ratified by unanimous consent.
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT WITH CITY OF RINGGOLD – PEAVINE BASIN SEWER PROJECTS County Attorney Young stated the Board previously adopted an Intergovernmental contract with the City of Ringgold regarding sewer projects in the Peavine Basin that are constructed with the 2004 SPLOST money. Mr. Young stated the contract should be amended to include funds for the City of Ringgold for providing the services of their inspectors on the projects. Mr. Young stated the amendment states the City of Ringgold would provide inspection services for the projects and the County would reimburse their inspector out of the SPLOST proceeds for the project at their hourly rates of $36.82 per hour for the superintendent and $24.72 per hour for his assistant and mileage reimbursement at the federal rate of 50.5% per mile Chairman Clark called for all those in favor of the amendment to the agreement indicate so by saying aye. There was no opposition and the amendment was approved by unanimous consent.
PLANNING COMMISSION RECOMMENDATIONS:
Mr. Donald Brown presented the following rezoning recommendations:
Case No. 1009-07,W.L. Hester,Greenwood Road, A-1 to C-1. Mr. Brown stated the property is owned by Premier Log Homes who wants to move their finished milling process closer to their sales office. Mr. Brown stated the Planning Commission approved the request subject to the following conditions: All commercial traffic use the easement noted on the site plan; Maintain a 50’ buffers; Applicant incorporate the site plan as submitted. Chairman Clark called for all those in favor of approving the request with the conditions submitted by the Planning Commission indicate so by saying aye. There was no opposition and the request was approved by unanimous consent.
Case No. 1018-07,Phillip Spencer, Hwy 41, R-1 to C-1. Mr. Brown stated Mr. Spencer’s property is currently split zoned with the front section zoned C-1 and the rear section R-1 and he is hoping to rezone the entire property to C-1 to expand his current use of the property. Mr. Brown stated the Planning Commission approved the request under the grandfathered use subject to 50’ buffers. Chairman Clark called for all those in favor of approving the request with the conditions specified by the Planning Commission indicate so by saying aye. There was no opposition and the request was approved by unanimous consent.
Case No. 1022-07,Darrell Eaker,Harris Lane, R-1 to A-1. Mr. Brown stated the applicant is requesting the zoning change from R-1 to A-1. Mr. Brown stated the Planning Commission approved the request subject to the requirement that only 2 horses be allowed and no other agriculture use allowed. Chairman Clark called for all those in favor of approving the request with the requirements specified by the Planning Commission indicate so by saying aye. There was no opposition and the request was approved by unanimous consent.
Case No. 1023-07,Edgar Cagle, Jr., Hwy 27, R-1 to C-1. Mr. Brown stated the applicant is requesting the zoning change from R-1 to C-1 to develop a car wash or retail business in the future. Mr. Brown stated the Planning Commission approved the request with limited access use of Parkett Street. Chairman Clark called for all those in favor of approving the request with the conditions of the Planning Commission indicate so by saying aye. There was no opposition and the request was approved by unanimous consent.
Case No. 1024-07, Howard Hughes, Sr., Longhollow Road, A-1 to C-2 Mr. Brown stated Mr. Hughes is requesting the rezoning for future plans for a coffee and donut shop. Mr. Brown stated the Planning Commission denied the request due to spot zoning.
Ethel Schultz, resident, stated she is against the rezoning due to the increase in traffic and accidents it would cause. Ms. Schultz said there are plenty of other places close to the area for people to get coffee and donuts on Hwy 27.
Howard Hughes, Sr., stated he would like to withdraw his request for rezoning and has found a better location for his business venture.
Chairman Clark called for all those in favor of approving the request for rezoning there was no opposition and the request was dropped.
RESOLUTION ESTABLISHING QUALIFYING FEES FOR 2008 GENERAL ELECTION County Attorney Patty presented the proposed resolution to establish qualifying fees for the 2008 general election. Mr. Patty stated the Commission is required to set and post the fees prior to February 1. The resolution is as follows:
RESOLUTION OF THE BOARD OF COMMISSIONERS ESTABLISHING QUALIFYING FEES FOR COUNTY OFFICES FOR THE PRIMARY AND GENERAL ELECTION OF 2008
RESOLUTION # 08-003
Under the provisions of O.C.G.A. § 21-2-131, the governing authority of each county is required, not later than February 1, in any year in which a general primary or general election is to be held, to set the qualifying fee for each county office to be filled in the upcoming elections. There will be a primary and general election to be held in Catoosa County in 2008, in which county officials will be elected, and it is necessary that the Board of Commissioners of Catoosa County, Georgia set the qualifying fees.
NOW THEREFORE, in accordance with the provisions of O.C.G.A. § 21-2-131, the Board of Commissioners of Catoosa County, Georgia, the governing authority of Catoosa County, Georgia, hereby establishes the following qualifying fees for the primary and general election to be held in 2008 as follows:
1. Chairman of the Board of Commissioners: $360.00;
2. Member of Board of Commissioners of Catoosa County, Georgia to be elected from Commissioner District One: $240.00;
3. Member of the Board of Commissioners of Catoosa County, Georgia to be elected from Commissioner District Three: $240.00;
4. Chief Magistrate Judge: $1894.94;
5. Judge of the Probate Court: $1894.94;
6. Tax Commissioner: $1894.94;
7. Sheriff: $2270.25;
8. Clerk of Superior Court: $1894.94;
9. Coroner: $247.20
10. Member of Board of Education of Catoosa County, Georgia District One: $90.00;
11. Member of Board of Education of Catoosa County, Georgia District Three: $90.00;
12. Member of Board of Education of Catoosa County, Georgia At large: $90.00
BE IT FURTHER RESOLVED, that the Qualifying Fee Schedule as set forth above shall be posted at three or more public places by the Registrar and that the same be published two times in the Catoosa County News, the legal organ of Catoosa County, Georgia.
SO RESOLVED, this 15"' day of January 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.
ACQUISITION OF REAL PROPERTY FROM BOYNTON RECREATION ASSOCIATION AND APPRAISAL OF SAID PROPERTY County Attorney Patty stated Boynton Recreation Association has requested the Board of Commissioners consider acquiring a tract of land from the Association with the SPLOST monies set aside for the Association. Mr. Patty stated the Association purchased the tract of land from Madge Campbell on October 5, 2007 for $36,000, Ms. Campbell financed the debt for the purchase of the property and there is a security deed from the Association to Ms. Campbell. Mr. Patty stated that under the rules of procedure for the Board of Commissioners the County is required to have property appraised before it is acquired. Mr. Patty stated the recommendation before the Board is to authorize having the property appraised and the appraisal would then be brought back before the Board to consider acquiring the property. Commissioner Marks suggested the Board proceed with approving the acquisition of the property for no more than $36,000 subject to the property appraising at that amount to expedite the procedure. Chairman Clark called for all those in favor of approving the appraisal of the said property and approval of acquisition of the property for no more than $36,000 subject to the appraisal of the property. There was no opposition and the motion passed by unanimous consent.
RESOLUTION IN SUPPORT OF PRESCRIBED FIRE County Attorney Young presented the proposed Resolution submitted to the Board by the local Forestry Service to support prescribed fire. The Resolution is as follows:
WHEREAS, the Catoosa County Commission recognizes the use of prescribed fire provides multiple ecological and economic benefits to the public,
WHEREAS, prescribed fire is a land management/public safety tool in the prevention of wildfires, reduces the liability and loss of private property and saves lives while it acts as a preventive measure saving taxpayers the cost of local government public safety and fire fighting officials from responding to wildfires which consume valuable tax resources,
WHEREAS, prescribed fire is a priority in the implementation of the State Wildlife Action Plan to improve wildlife habitat, it assists both public and private land managers in perpetuating fire-dependent ecosystems, its dependent game and non-game species and is a tool in managing endangered species,
WHEREAS, prescribed fire is a valuable tool used by land managers, timber growers and the Georgia Forestry Commission in reducing hazardous fuels, reducing the risk of destructive wildfires, preparing sites for both natural and artificial forest regeneration, improving access and controlling detrimental insects and silvicultural diseases,
WHEREAS, the Georgia General Assembly passed the Right to Burn Act in 1992, defining prescribed fire as “Prescribed burning means the controlled application of fire to existing vegetative fuels under specific environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a pre-determined area and accomplishes one or more planned land management objectives or to mitigate catastrophic wildfires.”
WHEREAS, many rural economies are dependent on the use of prescribed fire to manage for game species such as Whitetail Deer, Wild Turkey, and Bobwhite Quail, whose hunting economy is vital to the State of Georgia,
WHEREAS, prescribed fire helps keep Georgia’s forest healthy and those forests, in return, provide clean air and clean water,
WHEREAS, prescribed fire practitioners contribute to the air quality of Georgia as healthy forest contribute vital ecological services as “air shed contributors”,
NOW, THEREFORE, BE IT RESOLVED THAT the Catoosa County Board of Commissioners supports the appropriate and continued use of prescribed fire in Georgia,
AND, BE IT FURTHER RESOLVED THAT the Catoosa County Board of Commissioners supports the Georgia Forestry Commission and Georgia Department of Natural Resources continue to provide educational and technical assistance to landowners in an effort to recognize the benefits listed above,
AND, BE IT FURTHER RESOLVED THAT the Catoosa County Board of Commissioners urges Air Quality Regulators to work closely with all state agencies and landowners in a fair and balanced approach to smoke management,
So resolved this 15th day of January 2008.
Chairman Clark called for all those in favor of approving the Resolution indicate so by saying aye. There was no opposition and the Resolution was approved by unanimous consent.
NOMINATION FOR APPOINTMENT TO THE REGIONAL EMS COUNCIL County Attorney Patty stated the North Georgia Region 1 EMS Council by letter has notified the County that the term of Robert Tester, one of the County representatives on the Council, has expired and the County needs to appoint someone to fill the vacancy. Mr. Patty stated the County has advertised for candidates and Mr. Tester was the only person to apply for the vacant position and if the Board desires it would be appropriate to reappoint Mr. Tester to the EMS Council. Chairman Clark called for all those in favor of reappointing Robert Tester to the North Georgia Region 1 EMS Council indicate so by saying aye. There was no opposition and the motion passed by unanimous consent.
RESOLUTION FOR INTERSECTION CHANGE/ADJUSTMENT AT POPLAR SPRINGS AND THREE-NOTCH ROAD Olney Meadows, Public Works Director, discussed the proposed changes for the intersection of Three Notch and Poplar Springs Road. Mr. Meadows stated he is recommending a 3-way stop at the intersection with flashing red lights and rumble strips and additional signage, the total cost for the project is estimated at $6,623. Mr. Meadows stated the project is a preferred traffic signalization by the Department of Transportation, who feels this will move more traffic safer than putting in a regular stop light. Chairman Clark called for all those in favor of approving the intersection change/adjustment indicate so by saying aye. There was no opposition and the motion passed by unanimous consent.
Phyllis Williams, Resident, said she wants to know if the County is paying for the trip taken by County employees Olney Meadows and James Flowers, and if so why it was not approved by the Board of Commissioners as it was previously when Commissioner Winters and Olney Meadows went to Baltimore in November 2007. Ms. Williams stated the trip had to be approved by the Public Works Board and the Board of Commissioners, why did was this trip bypassed by both Boards and the employees went on their own. Ms. Williams stated if the rules have changed the public needs to know and if the rules have not changed when an employee decides to take a trip in this County someone needs to be in charge of money, because it costs a lot of gas to drive a car because you can fly as cheap as you can drive now and then they will want to buy a new car because it has too many miles on it. She wants to know why it was not brought before the Public Works Board and the Board of Commissioners if it was required before, it should be consistent.
Commissioner Emberson stated the Board did not have to give permission to Commissioner Winters to make the trip; it was not necessary for him to get permission.
County Manager Helton stated the entire reason the decision was made to drive on this trip was due to the high airfares that were researched. Mr. Helton stated the main reason for the trip was to gain more knowledge about the carbon credits and methane gas to energy projects.
Commissioner Marks stated there is a different County Manager this time and he feels it should be brought out into the public and would have had no problem voting for the employees to attend the training.
Bobby Riddle, Resident, stated today is January 15th supposedly the last day to file the lawsuit against the City of Ft.Oglethorpe for the Mac Smith Road annexation issue and he would like to know if it has been filed.
County Attorney Patty stated it has not been filed at this time, but would be filed if the County does not get satisfaction from the new Mayor and Council. Mr. Patty stated he does not have a commitment at this time and if he does not receive it he will proceed with the filing.
Commissioner Marks stated he appreciates the Commission giving the City time to consider this but understands that the County cannot wait much longer.
Mr. Riddle stated the Council started the process again last night and he has been waiting for years for some answers and he feels he deserves some action.
Commissioner Emberson stated the County Attorney stated he would follow up the next day.
County Attorney Patty stated a lawsuit is expensive and the County was hoping to keep a good relationship with the City and were trying to give them an opportunity to resolve the issue.
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 7:10 p.m. The Board voted unanimously to come out of executive session at 8:17 p.m.
ADMINISTRATION MATTERS
POST-VOLUNTEER AND FT. OGLETHORPE FIRE DEPARTMENT CONTRACTS County Attorney Patty stated it has come to the attention of the County in connection with the work on the consolidation of the Fire Departments and work with the Fire Departments that there is a contract between Catoosa County and Post Volunteer Fire Department that provides for a 120-day notice of termination and also a contract between Catoosa County and the City of Ft.Oglethorpe and City of Ringgold that has the same provision. Mr. Patty stated that since the Board of Commissioners adopted the contracts a Resolution is needed to provide the notice of the termination of the contracts in accordance with the terms of the contract. Mr. Patty stated he would like an authorization to notify the organizations in writing of the termination of the contracts. Chairman Clark called for all those in favor of authorizing the written documents indicate so by saying aye. There was no opposition and the motion passed by unanimous consent.
EXTENSION OF MINERAL AVENUE County Attorney Patty stated no action would be taken at this time concerning the extension of Mineral Avenue.
ADJOURNMENT There was no further business, and the Board unanimously agreed to adjourn the meeting at 8:20 p.m.