CATOOSA COUNTY BOARD OF COMMISSIONERS
ADMINISTRATION BUILDING, 800 LA FAYETTE ROAD
February 21, 2008, 6:00 p.m.
The regular meeting of the Board of Commissioners was held Tuesday, February 21, 2008 at 6:04 p.m. in the Catoosa County Administrative Building, 800 LaFayette Street, Ringgold, Georgia.
Commissioner 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: Executive Session: Land Acquisition, Personnel; Appraisal of Property for Proposed Acquisition Remove: Finance Report; Confidentiality Agreement with Colonial Pipeline Chairman Clark called for all those in favor of approving the agenda as amended do so by saying aye. By unanimous consent the agenda was approved as amended.
MINUTES
Chairman Clark called for approval of the minutes of the Regular Meeting of February 5, 2008 and the called meeting held on January 24, 2008. There were no corrections and the minutes were unanimously approved as presented.
PICK-UP TRUCK BID AWARD – RECREATION DEPARTMENT County Manager Mike Helton stated the recreation department has received bids for a 2008 Ford F250 truck to be paid by SPLOST funds. Mr. Helton stated staff recommends the acceptance of the low bid for $17,092 from Prebul Auto Group. Chairman Clark called for all those in favor of accepting the bid from Prebul Auto Group indicate so by saying aye. There was no opposition and the bid was awarded by unanimous consent.
TROPHY/MEDALLION BID AWARD – RECREATION DEPARTMENT County Manager Mike Helton stated bids have been received for trophies and medallions for the recreation program. Mr. Helton stated staff recommends the low bid submitted by Platinum Sports. Chairman Clark called for all those in favor of awarding the bid to Platinum Sports to indicate so by saying aye. There was no opposition and the bid was awarded by unanimous consent.
COUNTY MANAGER REPORT
County Manager Mike Helton reported on the following:
Commissioner Emberson commended the County Manager and Staff for the update/presentation, and keeping the Board and Citizens informed on what is going on.
PLANNING COMMISSION RECOMMENDATIONS:
Mr. Donald Brown presented the following rezoning recommendations:
Case No. 1025-08,Wade Clark,Alabama Hwy 151,R-1 to C-1. Mr. Brown stated Mr. Clark is requesting a re-zoning due to most of the property in the area transitioning to commercial property. Mr. Brown stated the Planning Commission approved the request 5-0. 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. 1027-08,Joey Defoor,235 Old County Mill Lane ,R-A to A-1 and R-1. Mr. Brown stated Mr. Defoor is requesting a zoning change from Residential/Agricultural to Agricultural and Residential. Mr. Brown said the Planning Commission approved the request 5-0. 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.
PROPOSED ORDINANCE FOR THE IMPOSITION OF FRANCHISE FEES UPON CABLE SERVICE PROVIDERS AND VIDEO SERVICE PROVIDERS HAVING SERVICE AREAS WITHIN THE GEOGRAPHIC BOUNDARIES OF CATOOSA COUNTY, GEORGIA County Attorney Patty presented the proposed Ordinance for the imposition of franchise fees upon cable service providers and video service providers having service areas within Catoosa County. Mr. Patty stated at the present time it would only apply to AT&T and imposes a franchise fee of 5% of the service providers gross revenue derived in a 12-month period from the operation of the service. Mr. Patty stated he recommends approval due to the fact that the County is already charging 5% to the other cable providers and not to charge it would give them an unfair competitive advantage.
Chairman Clark called for all those in favor of approving the Ordinance to indicate so by saying aye. There was no opposition and the Ordinance was approved by unanimous consent. The Ordinance is as follows:
ORDINANCE FOR THE IMPOSITION OF FRANCHISE FEES UPON CABLE SERVICE PROVIDERS AND VIDEO SERVICE PROVIDERS HAVING SERVICE AREAS WITHIN THE GEOGRAPHIC BOUNDARIES OF CATOOSA COUNTY, GEORGIA
ORDINANCE # 08-006
WHEREAS, Catoosa County, by and through its Board of Commissioners, presently has Franchise Agreements in place with various providers of video service and/or cable service within the geographic boundaries of Catoosa County, Georgia; and
WHEREAS, pursuant to the aforementioned Franchise Agreements, Catoosa County imposes franchise fees upon providers of video service and/or cable service within the geographic boundaries of Catoosa county, Georgia; and
WHEREAS, effective July 1, 2007, the Georgia General Assembly passed an Act known as the “Consumer Choice for Television Act” which is codified in O.C.G.A. §36-76-1 et seq. (collectively referred to as the “Act”); and
WHEREAS, the provisions of the Act grant cable service providers and video service providers the option of negotiating franchise agreements with local governing authorities or obtaining a State franchise issued through the Georgia Secretary of State for designated service areas; and
WHEREAS, the provisions of the Act further grant local governing authorities the authority to impose franchise fees upon cable service providers and video service providers which have service areas within the geographic boundaries of the local governing authority; and
WHEREAS, by this Ordinance, Catoosa, County, Georgia, acting by and through its duly elected Board of Commissioners (the “Board of Commissioners”), desires to enact and impose a franchise fee to be imposed upon cable service providers and video service providers which have service areas within the geographic boundaries of Catoosa County, Georgia.
NOW, THEREFORE, BE IT HEREBY ORDAINED AND RESOLVED AS FOLLOWS:
1. Statutory Authority: The provisions of this Ordinance are adopted by the Board of Commissioners pursuant to the statutory authority granted in the provisions of O.C.G.A. § 36-76-6 and 47 U.S.C. § 542(b).
2. Incorporation of Definitions: The definitions of terms contained in the provisions of O.C.G.A. § 36-76-2 are hereby incorporated into this Ordinance by reference and are hereby made applicable to the terms utilized in this Ordinance, unless a contrary definition is specifically and clearly set forth herein. The incorporation of definitions described herein includes, but is not necessarily limited to, the definition of the following terms: “Cable Service”, Cable Service Provider”, Video Service”, “Video Service Provider”, “Service Area”, “Franchise”, “Franchise Authority”, “Subscriber” and “Gross Revenue”.
3. Franchise Fee Imposed: There is hereby imposed a franchise fee upon all Cable Service Providers and Video Service Providers having a state or local Franchise within Catoosa County or a Service Area within the geographic boundaries of Catoosa County. The franchise fee imposed is an amount equal to five percent (5%) of the Cable Service Provider’s or Video Service Provider’s Gross Revenues derived in a twelve (12) month period from the operation of a system to provide Cable Service or Video Service within Catoosa County. It is the intent of this Ordinance for the amount of the franchise fee imposed herein to equal, but not exceed, the maximum amount authorized as a franchise fee under the provisions of 42 U.S.C. § 542(b).
4. Collection and Payment of Franchise Fee: The franchise fee imposed herein shall be collected from and paid by Cable Service Providers and Video Service Providers
according to the terms and schedule established by the provisions of O.C.G.A.
§ 36-76-6(b).
5. Existing and Future Franchise Agreements: No provision of this Ordinance shall alter, amend or otherwise affect the provisions of any existing Franchise Agreement between Catoosa County and any Cable Service Provider or Video Service Provider, including but not limited to the provisions of any existing Franchise Agreement concerning the payment of franchise fees. The franchise fees imposed by this Ordinance shall not be applicable to any Cable Service Provider or Video Service Provider which pays a franchise fee to Catoosa County under a separate Franchise Agreement (whether now existing or adopted in the future) with Catoosa County. It is the intent of this Ordinance that each Cable Service Provider or Video Service Provider pay only one franchise fee to Catoosa County, whether said payment is made under the provisions of this Ordinance or under the provisions of a separate Franchise Agreement with Catoosa County. Nothing contained in this Ordinance shall be construed as a prohibition or restriction upon the ability of a Cable Service Provider or Video Service Provider to enter into a separate and independent Franchise Agreement with Catoosa County as authorized under the provisions of O.C.G.A. § 36-76-3.
6. Effective Date; Term; Repeal of Conflicting Ordinances: This Ordinance shall become effective upon the date of its adoption and the collection of the franchise fees imposed herein shall commence according to the time schedule established under the provisions of O.C.G.A. § 36-76-6. This Ordinance shall remain effective for a period of two (2) years from the date of its adoption. On the second (2nd) anniversary of the date of adoption of this Ordinance, the Board of Commissioners shall take action to re-adopt, amend or repeal this Ordinance. Any provision of any existing Resolution or Ordinance of Catoosa County which conflicts with the provisions of this Ordinance is hereby repealed.
LETTER OF SUPPORT – FAMILY CRISIS CENTER County Attorney Patty said that annually the Board of Commissioners has provided the Family Crisis Center for the Lookout Mountain Judicial Circuit with a letter of support that they take to the General Assembly in order to receive funds to help with their operations. Mr. Patty said the Family Crisis Center has several services they provide, one is a safe-house for families that domestic violence has occurred in, they also provide supervision for visitation for families that have court ordered supervised visitation, and they also provide counseling for families. Chairman Clark called for all those in favor of the Letter of Support for the Family Crisis Center to indicate so by saying aye. There was no opposition and the letter of support was approved by unanimous consent.
MEMORANDUM OF AGREEMENT – FLOOD MAP MODERNIZATION PROGRAM – GEORGIA DEPARTMENT OF NATURAL RESOURCES County Attorney Patty presented a proposed Memorandum of Agreement from the Georgia Department of Natural Resources, which provides that the County will cooperate and provide data pertaining to the flood map modernization program, and will adopt and enforce the new flood map certification when it becomes effective, amend/revise/update the Flood Plain Management Ordinance as needed after the work is completed, and communicate openly and discuss concerns throughout the process. Chairman Clark called for all those in favor of approving the Memorandum of Agreement to indicate so by saying aye. There was no opposition and the agreement was approved by unanimous consent.
Christine Kinsey, resident, 183 Lillian Drive, said she is before the Board to find out as a community what is going on with Mac Smith Road. She said the community has been promised they would receive sewer and would like to know if they are going to get sewer and what is the situation over there, are they going to be annexed, there is damage to people’s property, people cannot get in or out of their driveways due to the mess, and they want to know who is responsible for all of this. Commissioner Winters said the County has spent $5 million of the Counties SPLOST monies on the project and have ran out of money but would be putting additional $5 million in the next SPLOST to get everyone to Cloud Springs Road sewer service availability. Mrs. Kinsey questioned if that includes Ann, Elizabeth, and Lillian. Commissioner Winters stated it did include those streets. Commissioner Winters said the pump station and the trunk line cost so much money, but had to be put in prior to the laterals for it to function. Commissioner Winters said the City of Fort Oglethorpe has over $4million in the bank that the County was hoping would go into that area, Mr. Winters said all that $2.5 million is all that is needed to finish the area up. Mr. Winters said the County is working very hard to take care of the citizens in that area. Mr. Winters said they should be out of Mac Smith Road this week or next week and will pave the road. Mrs. Kinsey questioned what they would do about the damages done to people’s homes in the area. Commissioner Winters said the damages should be taken up with the company and the County needs to know if they are not taken care of. Mrs. Kinsey said they have not take care of the citizens and they are still awaiting responses from the Architect, she said there are several citizens from the area who have received damages from the blasting and construction in the area. Mr. Winters said East Tennessee Grading and Arcadis is going to have to stand up for any kind of damage done, that is the reason they have insurance, and the reason the County holds a bond on the project. Commissioner Marks requested that the County Attorney contact Arcadis and East Tennessee to find out the status of the damage claims submitted.
Donnie Mauldin, resident, 144 Lillian Drive, said he has a friend that works for East Tennessee Grading and Lillian Drive is not getting sewer as Mr. Winters stated. Mr. Mauldin said he has seen the plans and they are being railroaded. Mr. Mauldin stated the neighborhood over there has been torn all to pieces. Said he home is in shambles and all you get when you call them is a referral to call the County or call Ft. Oglethorpe. Said East Tennessee Grading threatened Mrs. Kinsey the other day and it is ridiculous. Said the houses are torn all to pieces and it was not that way before they started. Chairman Clark questioned if the houses were damaged from falling rocks. Mr. Mauldin said they were damaged from the dynamite, the foundations are cracked and the ceilings are falling in. Said he finally got the gentlemen from Samuel Seismic out and he took more pictures and would let him know something in 3 weeks. Mr. Mauldin said when the water main was blown out of Mac Smith Road they had to come across the field, and they were small children walking less than 100 yards from where they were dynamiting and there were rocks and dirt flying everywhere. Chairman Clark said he understood that the insurance companies took pictures of the houses before and will take pictures of the houses after and determine what damage has been done. Mr. Mauldin said Mr. Riddle was able to get his file and pictures of his house but when he tried to get a hold of someone about the damages on his house but when he gets the file there are no pictures. He said you cant open any of his windows or front door and if the house catches on fire and the only way out is through the kitchen or out the living room they would burn to death he would have to throw his wife and 3 kids out of one of the windows on the end of the house. Mr. Mauldin said he has been in that neighborhood since he was 5 and was proud to live in Catoosa County but he cannot believe the County gave the City of Ft. Oglethorpe the roads to fee grab off of, because that is all they do. Commissioner Winters said the County is currently trying to take Mac Smith Road back because the City has not maintained it. Mr. Mauldin said the City came out and told them they were going to annex them into the City. Questioned whom he needs to see to get his home fixed because phone calls are not cutting it. Commissioner Winters said he needs to speak with East Tennessee Grading and Arcadis. County Manager Mike Helton requested that those with damages and problems speak with Donald Brown, Zoning/Building Director.
Phyllis Williams, Resident, said she wants to thank Commissioner Hill and the other Board members for appearing on TV and explaining about the fire department situation. Said she has about 30 newspaper clippings regarding the annexation mess and the sewers, the City of Ft. Oglethorpe promised a bunch of people sewers back in 1998 until to date they do not have sewers, they could not get them out of the city and she sympathizes with those people and she will help them out any way she can. Ms. Williams said she reviews the County credit card bills pretty religiously and she ran across a thing on the reservation slips for the Marriott Inn that says now you are a star point member and you have so many points assigned to an account number. She wants to know who is spending these points because in actuality they belong to the County because we pay their way to go to school and she wants to know where those points are going and who is using them and she understands they may be able to use them for their own personal benefit and if they are they need to pay their own vacation because those points should be combined and used when they go to school to help relieve some of the debt from the County. Said she doesn’t know if they know this is going on or not but they need to find out what is going on with those points because there are quite a few of them on there and actually if they don’t find out she is going to call the Marriott and find out herself.
Commissioner Marks said he has never used any points personally.
Commissioner Winters said there is $3,904,000 in the bank for sewer and it is in Ft. Oglethorpe’s name. There is a total of $4,844,000, but when he went to Mr. Goulart and ask him about it he said they had to buy police cars. Mr. Winters said it is not the County that is not trying to get them sewers. The County receives no money from the sewers, the City receives it all. Mr. Winters said he appreciates the citizen’s patience and hates what they have to go through to get the sewer in.
*Several Citizens commented from the audience during Commissioner Winters Comment*
ADMINISTRATIVE MATTERS
FORT OGLETHORPE ANNEXATION County Attorney Patty stated no action would be taken at this time.
APPRAISAL OF PROPERTY FOR PROPOSED ACQUISITION County Attorney Patty stated no action would be taken at this time.
EXECUTIVE SESSION Chairman Clark said the Board would go into executive session for the purpose of legal, land acquisition, and personnel. The vote was taken by roll call and the Board unanimously voted to go into executive session for legal matters at 6:58 p.m. The Board voted unanimously to come out of executive session at 8:16 p.m.
ADJOURNMENT There was no further business, and the Board unanimously agreed to adjourn the meeting at 8:17 p.m.