CATOOSA COUNTY BOARD OF COMMISSIONERS
ADMINISTRATION BUILDING, 800 LA FAYETTE ROAD
May 6, 2008, 9:00 A.m.
The regular meeting of the Board of Commissioners was held Tuesday, May 6, 2008 at 9:00 a.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: Revision of 2009 SPLOST Allocation Remove: Letter of Support-Cleburne Monument; IWorQ Software Contract 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 and Public Hearings held on April 15, 2008. There were no corrections and the minutes were unanimously approved as presented.
PROPOSED LOAN CONTRACT FOR PURCHASE OF SHERIFF VEHICLES Carl Henson, Chief Financial Officer, presented the proposed loan contract for the purchase of Sheriff vehicles. Mr. Henson stated in the current fiscal year the County budgeted $180,000 for the purchase of 9 Sheriff’s vehicles. Mr. Henson stated the vehicles have been received and he now needs to finalize the loan agreement for the purchase of the vehicles. Mr. Henson stated a proposal has been received from Northwest Georgia Bank in the amount of $180,000 at 64% of prime, which is currently 3.2% interest. Chairman Clark called for all those in favor of approving the contract to indicate so by saying aye. There was no opposition and the contract was approved by unanimous consent.
PROPOSED CONTRACT FOR HVAC CONTRACTOR AT SHIRLEY SMITH LEARNING CENTER – CONDITIONAIRE, INC. County Attorney Chad Young informed the Board the County opened bids on April 24th for the HVAC system at the Shirley Smith Learning Center addition. Mr. Young stated the low bidder was $46,457 from Conditionaire, Inc. and Raymond Clark, Architect for the project has recommended acceptance of the bid. Mr. Young stated he has prepared a contract for the bid and would recommend the Board approve accepting the bid from Conditionaire, Inc. and authorize the Chairman to sign the contract. Chairman Clark called for all those in favor of accepting the bid and approving the contract to indicate so by saying aye. There was no opposition and the contract and bid were approved by unanimous consent.
PROPOSED MEMORANDUM OF UNDERSTANDING – E-VERIFY PROGRAM County Attorney Chad Young stated there is a recent program adopted in the state of Georgia as a statute and on a federal level called E-verify, the basic premise of the program requires contractors and employees that perform work for Catoosa County that receive any public funds provide verification that the people working for them are legal immigrants or residents of the United States consists of affidavits and other responsibilities. Mr. Young stated Ann Cain, Human Resource Director, has attended courses to become certified to know how to implement the program. Mr. Young stated the memorandum of understanding is between the County and the Department of Homeland Security and Social Security Administration indicating the County will comply with the program. Chairman Clark called for all those in favor of approving the memorandum of understanding to indicate so by saying aye. There was no opposition the memorandum was approved by unanimous consent.
PROPOSED BID ACCEPTANCE FOR PERIMETER WELLS AT THE LANDFILL – GREENLEAF ENVIRONMENTAL SERVICES, LLC County Attorney Chad Young stated the item has been tabled a few times prior and the County has received bids in March to install 20 or 10 perimeter wells around the Landfill. Mr. Young indicated the Public Works/Solid Waste Management Authority recommended acceptance of the bid from Greenleaf Environmental, LLC for $174,751.65 for the 20 wells as required by the County’s approved Corrective Action Plan for the Landfill. Chairman Clark called for all those in favor of accepting the bid to indicate so by saying aye. There was one opposition and the bid was accepted by a 4-1 vote with Commissioner Bobby Winters opposing.
REPORTS
COUNTY MANAGER REPORT County Manager Mike Helton reported on the following items:
· Stated the Board should have received a project report informing them of the updates on the various projects the County is involved in.
· Informed the Board that the County has received a GEFA grant to assist in financing the needed matching funds for the Lakeview Phase II CDBG Project in the amount of $50,000. Chairman Clark questioned if a phase III had been planned on for the project. County Manager Helton stated there would be opportunity for a phase III for the project.
· Reported on the results of the Amnesty Day held by the County on May 3rd.
REVISION OF 2009 SPLOST ALLOCATION County Attorney Skip Patty stated as he understands the schedule of the allocation of the 2009 SPLOST funds would be changed as follows: Peavine SR 151 East Chickamauga County Sewer Projects will be $10,750,000; Roads, Bridges, and Stormwater will change to $9,869,000; and new allocation as Historical Tourism/Greenspace $750,000. Mr. Patty stated the total County Projects would remain at $56,000,000. Chairman Clark called for all those in favor of approving the proposed revision of the 2009 SPLOST allocation to indicate so by saying aye. There was no opposition and the revision was approved by unanimous consent.
PROPOSED RESOLUTION TO JOIN NORTHWEST GEORGIA REGIONAL DEVELOPMENT AUTHORITY County Attorney Patty presented the proposed resolution to join the Northwest Georgia Development Authority. Mr. Patty stated this is the second time this matter has appeared before the Board and the first time it appeared there was some uncertainty about whether or not the population was based on the 2000 census or on the more recent estimates on the population of Catoosa County. Mr. Patty stated Carl Henson verified that in fact the membership is based on $1.80 per person on the 2000 census with the cost being approximately $96,000 to Catoosa County. Mr. Patty stated the $1.80 per person payment would go for 2 years as the initiation fee and would then drop to the current rate of the other members, during that time the funds received are nonrefundable if the County were to drop out of the Authority. 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.
APPOINTMENT OF MEMBERS TO THE NORTHWEST GEORGIA REGIONAL DEVELOPMENT AUTHORITY County Attorney Skip Patty stated since the County will become a member of the Northwest Georgia Regional Development Authority it has the right to appoint 3 directors to sit on the Authority from Catoosa County. Mr. Patty stated that staff has recommended Bob Peck, Randal Peters, and Martha Eaker to serve the initial term as the representatives for Catoosa County on the Authority. Chairman Clark called for all those in favor of staff’s recommendation to indicate so by saying aye. There was no opposition and the recommendation was approved by unanimous consent.
PROPOSED INTERGOVERNMENTAL AGREEMENT WITH CITY OF FORT OGLETHORPE – WEST CHICKAMAUGA BASIN SEWER PROJECT County Attorney Chad Young stated that currently on the West Chickamauga Basin Sewer Project the contract with Arcadis has expired for them to continue providing sewer inspection services and they had requested additional monies to continue providing those services and it is his understanding that the Board has declined the offer and instructed staff to meet with the City of Fort Oglethorpe Officials to see if they would be willing to do the sewer inspections for this project and all future projects in the West Chickamauga Basin as is done with the City of Ringgold in the Peavine Basin. Mr. Young stated the County would reimburse the City their out of pocket cost for the inspections. Chairman Clark called for all those in favor of approving the agreement to indicate so by saying aye. There was no opposition and the agreement was approved by unanimous consent.
Billy Paradise, 306 Bottoms Lane, stated approximately 10 months ago an individual came to him and wanted to come across his property to tie on the sewer line, after speaking with the individual he made an offer and he informed him it should be worth twice that much. Mr. Paradise said the individual agreed and wrote a contract up, Mr. Paradise said he did not discuss the matter with his family and after finding out his wife and daughter who are on the deed as well stated they would not sign the contract and it was worth more than what was being offered. Mr. Paradise said he informed the individual when he called 2 months later that he was not interested and his family would not sign the contract and he would prefer that he was left out of the picture and the individual could tie on to the sewer across Wooten Road and the individual informed him he would have to pump about 25%. Mr. Paradise stated he informed the individual he could not sign for the price offered and the person said he would offer a different amount and Mr. Paradise told him to call the next day and he would give him a price, after informing the individual of the price requested he replied he would not say yes or no to the price. Mr. Paradise stated he then received a letter from Mr. Patty’s office that states it is determined that sewer service needs to be provided to Sherwood Forrest and the septic tanks are failing and it is necessary for a sewer easement to cross a portion of his property and as a condition of the septic system of Sherwood Forrest constitutes health and safety matter it would be necessary to condemn a sewer easement across his property if an agreement cannot be reached. Mr. Paradise stated he is a private landowner and the County is willing to spend the citizens tax money. Mr. Paradise said he and the individual were discussing a price arrangement for the easement and now he was instructed by Mr. Patty to contact the individual and work out a price because he said he would sell it for $7,000 and now he has gone up on his price and he replied to Mr. Patty that the individual wants to develop the property and sell it for $3.2 million. Mr. Paradise stated he sees this as his property is being damaged by a private landowner not a public park it is a mobile home park that is in the process of being taken apart. Mr. Paradise said the mobile home park has gone from 70 lots to 40 trailers now so it does not appear to him that the individual is trying to improve the tax base for the County by improving; the mobile home park it is a rat hole. Mr. Paradise stated he is not against progress in the County and he is not against the individual going across his property he is not against a developer developing the land out there, he is against is the Board of Commissioners saying to him they are going to take and condemn his land when the land where the mobile home park is in the shape to be condemned due to the health and safety. Mr. Paradise stated he appreciates the Board praying to protect the service men and he does not believe it is right for the Board to take the side of a private landowner it should be handled between him and the individual.
Bobby Riddle, Resident, said he would like to ask about the status of Mac Smith Road. County Manager Mike Helton stated staff has a meeting scheduled for Friday with all of the people involved in the project including Arcadis to discuss the road and what was in the original contract for Mac Smith Road and the other roads in the project was insufficient for restoring the roads and the County is in the process of putting the correct road base and road way in Mac Smith Road. Mr. Helton stated East Tennessee Grading has the requirements and it is just taking longer to complete. Mr. Helton stated the County may possibly have to throw in extra funds to cover the roads.
Cherise Miller, Resident, said she sympathizes with Mr. Paradise because when the Supreme Court of our Country passes imminent domain issue where anybody can take our property for anything it really rubs her the wrong way, but she also understands how our County faces now and does Sherwood Forrest have to hook on is it required or could they put in new fill lines to fix the problem instead of taking this mans land. She does not know all the ends and outs of the problem but everyway possible should be researched instead of just taking Mr. Paradises land.
None.
EXECUTIVE SESSION Chairman Clark said the Board would go into executive session for the purpose of legal and personnel. The vote was taken by roll call and the Board unanimously voted to go into executive session for legal matters and personnel at 9:37 a.m. The Board voted unanimously to come out of executive session at 10:44 a.m.
PROPOSED SERVICE DELIVERY STRATEGY ACT AGREEMENT – FIRE SERVICES County Attorney Skip Patty stated the Service Delivery Strategy Act Agreement for Fire Service proposes to adopt the fire service agreement that was circulate to the Board except under paragraph 3 were the insurance premium tax for the City of Ringgold will be prorated for the remainder of 2008 thereafter it will be equal to the amount of tax they receive each year. Chairman Clark called for all those in favor of the agreement to indicate so by saying aye. There was no opposition and the agreement was approved by unanimous consent.
ADJOURNMENT There was no further business, and the Board unanimously agreed to adjourn the meeting at 10:46 a.m.