The work session and agenda-setting meeting of the Board of Commissioners of Catoosa County, Georgia was held on December 16, 2003 at 5:00 p.m. in the Catoosa County Courthouse Conference Room in Ringgold, Georgia.

After a discussion of the preliminary agenda, Chairman Long called the agenda-setting meeting to order. The following Commissioners were present: Winford Long, Chairman; Robert Winters, Commissioner, District Two; James F. Emberson, Commissioner, District Three; and Ronald Gracy, Commissioner, District Four. Mark Fletcher, Commissioner, District One, was absent.

The preliminary agenda was amended as follows: Remove the Financial Report from the agenda and add Legal Advice and Personnel to the Executive Session.

The regular meeting of the Board of Commissioners of Catoosa County, Georgia was held on December 16, 2003 at 7:00 p.m. in the Catoosa County Courthouse Annex in Ringgold, Georgia.

The invocation was given by Brad Johnson, Youth Pastor at Boynton Baptist Church, followed by the Pledge of Allegiance.

Chairman Long announced the changes to the agenda.

Chairman Long called the meeting to order. The roll was called and the following Commissioners were present: Winford Long, Chairman; Robert Winters, Commissioner, District Two; James F. Emberson, Commissioner, District Three; and Ronald Gracy, Commissioner, District Four. Mark Fletcher, Commissioner, District One was absent.

PURCHASING POLICY REPORT County Manager Vickrey presented the current Purchasing Policy Report. Motion by Commissioner Gracy, seconded by Commissioner Winters, to approve the Purchasing Policy Report as presented; motion carried unanimously. [Attached hereto as Exhibit A]

There were no reports.

There was no old business.

SHERIFF’S DEPARTMENT SPEED LIMITS AND RADAR Sheriff Summers presented a Speed Limit and Road Radar Ordinance No. 12-16-03 rescinding the old ordinance. Sheriff Summers indicated the former ordinance was from the 1980s for approximately 26 roads and pointed out the need for the update due to tremendous growth in Catoosa County. Motion by Commissioner Gracy, seconded by Commissioner Winters, to approve the ordinance to increase the number of roads on which the County was allowed to operate radar. During discussion, County Attorney Wiggins pointed out that the ordinance included speed limits, as well as radar. Commissioner Gracy amended his motion to adopt the Speed Limit and Road Radar Ordinance 12-16-03 of Catoosa County Board of Commissioners as written. Commissioner Winters agreed to the amendment and the motion carried unanimously. The adopted Ordinance No. 12-16-03 of Catoosa County Board of Commissioners is as follows:

In accordance with the Georgia Uniform Rules of the Road, codified in the Official Code of Georgia Annotated Sections 40-6-181 through 40-6-183, and Code Sections 40-6-370 through 40-6-376, and Code Sections 40-14-1 through 40-14-16 as applicable, the following list of roads, speed limits for the portions thereof identified therein, and radar approval for use on said roadways are approved as attached hereto and incorporated herein by reference, consisting of the letter of November 12, 2003 from the Georgia Department of Transportation to the Catoosa County Sheriff’s Office and the List of Roads, Catoosa County, Number 08-21-03. More specifically, the speed zones and speed limits listed in said attachments are hereby established based on an engineering study and traffic investigation that has been completed as provided by law. Said study is on file in the office of the Sheriff of Catoosa County and the Office of the Board of Commissioners of Catoosa County. Any person convicted of a violation of this ordinance shall be punished as provided by law. This ordinance is not intended to repeal any prior ordinance or speed limits unless speed limits for the sections of roads listed are in conflict with prior set limits; to the extent of any conflict, the terms of this ordinance dated December 16, 2003 shall supercede and repeal the conflicting portions of any such prior ordinance or ordinances. [Copy of Ordinance and List of Roads on file in County Commission Office]

APPROVAL OF BFI CONTRACT FOR LANDFILL County Manager Vickrey presented the contract for expansion of the Catoosa County Landfill site with Gateway LLC. Mr. Vickrey recommended the contract be approved with two changes: 1) the addition of a statement in Item 3-BB requiring that the contractor comply with government inspectors who visit the landfill and answer questions or inquiries they might have; 2) a change in the language in Section 33 to be agreed upon by the County Attorney and officials of Gateway, which would provide for arbitration at a lesser cost than was mentioned in the contract. Motion by Commissioner Gracy, seconded by Commissioner Emberson, to approve the amended, restated, and supplemented Catoosa County Landfill contract with the statement addition and the change in language in Section 33as agreed upon by the County Attorney and officials of Gateway; motion carried unanimously.

County Attorney Wiggins pointed out for the record that the legal requirement for a public hearing to be held regarding the Landfill contract was held December 16, 2003 at 6:00 p.m., prior to the regular meeting.

SUPERIOR COURT CLERK CLERICAL ALLOWANCE County Manager Vickrey presented a request from Superior Court Clerk, Norman Stone, for the Board of Commissioners to approve and send a letter to local legislators requesting that the clerical allowance for his office be increased from $200,000 to $215,000. Mr. Vickrey pointed out the amount budgeted by the County for Mr. Stone’s office was $225,000; however, local legislation was required to increase the amount. Motion by Commissioner Gracy, seconded by Commissioner Winters, that Catoosa County Board of Commisioners request local legislation adjusting the clerical allowance for the office of the Superior Court from $200,000 to $215,000 per the attached memo; motion carried unanimously. [Memo attached hereto as Exhibit B]

APPOINTMENT OF THREE POSITIONS TO THE PLANNING COMMISSION Motion by Commissioner Winters, seconded by Commissioner Emberson, to table the appointments to a later meeting in January. County Manager Vickrey added that the current terms would expire at the end of December 2003 and the new appointments would not take place after January 1, 2004; therefore, the Board should consider extending the terms of the incumbents until the Board took action. Commissioner Winters amended his motion to extend the terms of the incumbents to serve until the new appointments were made; Commissioner Emberson agreed to the amendment and the motion carried unanimously.

Mr. Brown presented the following cases from the Planning Commission:

• Case No. 805-03, Enoch Hurd, Highway 41 North from R-1 to C-1. Planning Commission approved 6-0 with conditions. Mr. Brown said there was a County 14’ wide substandard road that ran down the side of this property and that some residents had expressed concerns. The conditions set by the Planning Commission were: 1) access on the substandard road would only be 40’ ft. down the road in order to respect the R-1 area; 2) there be a 50’ buffer, as stated in the ordinance, on the back part of the property, the ease side, that adjoined the residential property; 3) there be a 50’ buffer on the south side of the property where the substandard road was located; 4) access off of Ross Lane with Landscape Design # 2; and 5) any lighting on the commercial property be directed toward buildings and in no way toward the residential properties. Chairman Long called for comments regarding the rezoning.

• Case No. 827-03, Tony Armour, Page Road, from R-1 to C-3. Planning Commission approved 6-0, with no opposition. There was no opposition present at this meeting; Mr. Armour was present to answer any questions the Board might have regarding his request for rezoning. Motion by Commissioner Emberson, seconded by Commissioner Winters, that Case No. 827-03 be approved as presented by Mr. Brown; motion carried unanimously.

• Case No. 828-03, Mildred O’Donald, Baggett Road, from R-1 to R-3. Planning Commission approved 6-0, with no opposition. There was no opposition at this meeting. Motion by Commissioner Winters, seconded by Commissioner Gracy, to approve Case No. 828-03 from R-1 to R-3; motion carried unanimously.
• Case No. 829-03, James Masters, Wooten Road and Dessert Lane, from A-1 & R-1 to R-3. Planning Commission approved 5-0, with one abstention. There was no opposition present at this meeting. Motion by Commissioner Winters, seconded by Commissioner Emberson, to approve Case No. 829-03 from A-1 and R-1 to R-3; motion carried unanimously.

Chairman Long asked representatives of groups, associations, or businesses that wished to make statements or present petitions to come forward.

Terry Ingle, Resident. Mr. Ingle, representing the homeowners of Cherokee Valley Subdivision, indicated the residents had made numerous calls to the Road Department regarding the condition of their roads and pointed out they had not been paved since 1982. Mr. Vickrey explained the process of getting assistance from the State for paving and that money added to the SPLOST funds designated for paving was very inadequate to meet the needs. He said he would get with Mr. Ingle and provide him information regarding the roads scheduled to be paved.

Chairman Long announced the Board would enter into executive session for the purpose of legal advice and personnel. Motion by Commissioner Emberson, seconded by Winters, that the Board enter into executive session; motion carried unanimously. The Board went into executive session at 7:55 p.m.

Chairman Long announced there possibly would be an item requiring Board action during open session after the executive session.

Chairman Long announced the purpose of the executive session was for legal advice and personnel; no action was taken and entertained a motion to come out of executive session. Motion by Commissioner Gracy, seconded by Commissioner Winters, to come out of executive session at 9:05 p.m. The motion carried unanimously.

There were no items for open session.

                                                                                Winford H. Long, Chairman

                                                                                Mark Fletcher, Commissioner, District One (Absent)

                                                                                Robert R. Winters, Commissioner, District Two

                                                                                Ronald A. Gracy, Commissioner, District Four