MINUTES

REGULAR MEETING

STEPHENS COUNTY BOARD OF COMMISSIONERS

JUNE 6, 2006

 

Chairman Steve Chitwood called the meeting to order at 5:30 p.m.

 

PRESENT:     Commissioners Steve Chitwood, Kenneth Peeples, and Rex Anderson; County Administrator Darrell Hampton;

County Clerk Donna Patterson; County Attorneys Brian Ranck and Rusty Smith

 

Chairman Chitwood welcomed those in attendance.  Phillip Teasley gave the Invocation and Pledge of Allegiance.

 

I.          APPROVE AGENDA

 

County Administrator Darrell Hampton requested the addition of an Executive Session to the agenda due to a personnel issue and

a legal issue to bring before the Commissioners.

 

A motion was made by Commissioner Peeples, seconded by Commissioner Anderson, to approve the agenda with the addition

of an Executive Session.  Motion carried unanimously.

 

II.        APPROVE MINUTES

 

            1.      May 2, 2006 Regular Meeting

            2.      May 9, 2006 Called Meeting

 

A motion was made by Commissioner Peeples, seconded by Commissioner Chitwood, to approve the minutes as presented.

  Motion carried unanimously.

 

III.       OLD BUSINESS

 

            1.      DEPT. OF VETERANS SERVICES RENTAL AGREEMENT #1353

                     $1 PER YEAR / OFFICE SPACE JULY 1, 2006 - JUNE 30, 2007

 

Chairman Chitwood explained that this Agreement would replace the Agreement that was approved at the May 2, 2006 Regular Meeting of the Commissioners.  This Agreement allows the Department of Veterans Services to lease office space at the Courthouse Annex Extension for $1.00 (one-dollar) per year, beginning on the 1^st day of July, 2006 and ending on June 30, 2007, in lieu of the previously approved lease amount of $21.67 a month.

 

A motion was made by Commissioner Anderson, seconded by Commissioner Peeples, to approve Rental Agreement #1353 as presented.  Motion carried unanimously.

 

The Agreement is entered and attached as Exhibit ‘A’ being made a part of theses minutes.

 

IV.       NEW BUSINESS

 

            1.      STEPHENS COUNTY HOSPITAL / REQUEST FOR SUPPORT OF

                     $4 MILLION BOND

 

Chairman Chitwood stated that Stephens County Hospital has planned for a renovation project which requires the issuance of a

$4 million bond.  They are requesting for Stephens County to support the bond so that they can obtain a lower interest rate.

 

Chairman Chitwood questioned the effect the bond issue would have on the County’s landfill financial assurance test, which is required by federal law.

 

County Attorney Rusty Smith stated that he had contacted the County’s auditor (Mauldin & Jenkins) and spoke with Representative Wade Sansbury.  As he understands it, Mr. Sansbury’s opinion was that as long as the County is not directly responsible for payments on the bonded indebtedness, the bond debt would not appear on the County’s balance sheet.  As a result, the debt should not appear on the County’s landfill financial assurance sheet and should not effect the County’s scoring on the test.

 

Attorney Smith pointed out that if the Hospital Authority did default, unlikely as that may be, to the extent that the County did become liable as guarantor and had to make the required payments, at that point the indebtedness would show up on the County’s balance sheet and would then have an effect on the County’s standing on the landfill financial assurance test.

 

A motion was made by Commissioner Peeples, seconded by Commissioner Anderson, to support the bond as presented.  Motion carried unanimously.

 

            2.      RESOLUTION VEHICLE SURPLUS

 

Chairman Chitwood stated that this resolution declares the listed County vehicles as unserviceable and surplus property to be sold at public auction later this year.

 

A motion was made by Commissioner Peeples, seconded by Commissioner Anderson, to approve the resolution as presented.  Motion carried unanimously.

 

The resolution, with the attached listing of vehicles, is entered and attached as Exhibit ‘B’ being made a part of theses minutes.

 

            3.      ROAD MAINTENANCE PETITION / RIVER RIDGE ROAD

 

Residents of River Ridge Road have requested that the County re-grade and re-gravel or pave a section of River Ridge Road that is currently impassible.

 

Road Superintendent Clayton Hayes stated that he didn’t think the right-of-way had ever been deeded to Stephens County.  Therefore, he doesn’t know if this is a County road or private road.

 

Chairman Chitwood stated that it would be illegal under Georgia law for the County to maintain the road if it were a private road and further research was necessary before any action could be taken.

 

A motion was made by Commissioner Anderson, seconded by Commissioner Peeples to deny the request until a legal opinion is obtained from the County Attorney.  Motion carried unanimously.

 

            4.      CITY OF TOCCOA / ANNEXATION REQUEST / R-IA ZONING

                     TRACT 6 / 13.49 ACRES / NW SIDE OF FERNSIDE DRIVE

 

Chairman Chitwood stated that the City of Toccoa has received an annexation request from Joey Penick and Hal Stinespring (Tax Map 042G, Parcel 004).  They have requested that the property be zoned R-IA (Single-family District).

 

A motion was made by Commissioner Peeples, seconded by Commissioner Anderson, to approve the annexation request as presented.  Motion carried unanimously.

 

            5.      BUILDING PERMIT REQUEST / SOUTHEAST TOWERS, LLC

                     CINGULAR TELECOMMUNICATIONS TOWER / 114 COLLIER ROAD

 

Jim Horman, a representative of Southeast Towers, has requested a building permit for installation of Cingular Wireless equipment at 114 Collier Road, Toccoa (Tax Map 032B Parcel 187).

 

The subject property is privately owned by Elizabeth Deal & Etheldra Gilmer and it is zoned Industrial.  It is undeveloped and partially utilized for propane tank storage.  The property is bordered on the north by Luftex Industries, on the east by International Realty Holdings, on the south by Norfolk Southern Railroad (200’ R/W) and on the west by Collier Road and a small residential property.  The tower will exceed the minimum setback requirement from a residential property line.

 

The applicants placed a notice of the application in the legal section of the Toccoa Record on May 2, 2006.  A public notice sign was also placed at the property location on May 2, 2006.

 

The Commission questioned if the Application met all compliance responsibilities relating to Federal, State, and local laws for the construction of a cell tower.  They were particularly concerned with the effect and safety of air navigation at the Toccoa Stephens County Airport.

 

Mr. Horman stated that all of the requirements had been met and is a part of the Application.  A study completed by the Federal Aviation Administration and a clearance letter is also included in the Cingular Wireless Stephens County Tower Application.

 

A motion was made by Commissioner Peeples, seconded by Commissioner Anderson, to approve the Building Permit as presented.  Motion carried unanimously.

 

 

            6.      ADOPTION AGREEMENT FOR BENEFIT ALTERNATIVES, INC

                     STANDARDIZED MONEY PURCHASE PENSION PLAN & TRUST

 

County Administrator Darrell Hampton explained that this Agreement is an amendment and restatement of a previously established qualified plan of Stephens County of Georgia Pension Trust.  This Agreement changes the trustee signatures to Financial Director Phyllis Ayers and County Administrator Darrell Hampton.

 

A motion was made by Commissioner Anderson, seconded by Commissioner Peeples, to approve the Agreement as presented.  Motion carried unanimously.

 

The Agreement is entered and attached as Exhibit ‘C’ being made a part of theses minutes.

 

 

            7.      TUGALO CONSTRUCTION PAVING CONTRACT / DAVIS ROAD

 

This is a proposal from Tugalo Construction for paving Davis Road.

 

A motion was made by Commissioner Anderson, seconded by Commissioner Peeples, to approve the Tugalo Construction Paving Contract in the amount of $87,387.80.  Motion carried unanimously.

 

The proposal is entered and attached as Exhibit ‘D’ being made a part of these minutes.

 

 

            8.      PRECISION PAVING PROPOSAL / MARTIN ROAD

 

This is a proposal from Precision Paving for paving Martin Drive.

 

Chairman Chitwood requested that Administrator Hampton obtain additional bids on this project before a decision is made.

 

A motion was made by Commissioner Anderson, seconded by Commissioner Peeples, to reject the Precision Paving Proposal in the amount of $5,500.  Motion carried unanimously.

 

            9.      APPOINTMENT TO BOARD OF ELECTIONS AND REGISTRARS

 

Chief Registrar Theresa Kelley has requested that Michelle Grafton be appointed to fill the unexpired term of Harold Andrews.  This appointment would be effective June 6, 2006 until August 31, 2009.

 

A motion was made by Commissioner Peeples, seconded by Commissioner Anderson, to appoint Michelle Grafton to the Board of Elections and Registrars effective immediately with the term ending on August 31, 2009.  Motion carried unanimously.

 

            10.    60’ RIGHT-OF-WAY DEED / GULLEY ROAD

 

Katherine Fry has requested that the County accept a 60’ Right-Of-Way Deed for Gulley Road formally known as Maxwell Road.

 

A motion was made by Commissioner Anderson, seconded by Commissioner Peeples, to accept the Right-Of-Way Deed for Gulley Road.  Motion carried unanimously.

 

            11.    TOCCOA STEPHENS COUNTY AIRPORT PROJECTS

 

Project Chairman John Taylor has reported that all the FAA Grant funds for airport projects 9 & 10 have been expended.  He is requesting the County’s portion in the amount of $35,650.  These funds will finish payment of the completed projects.

 

A motion was made by Commissioner Anderson, seconded by Commissioner Peeples to approve the request as presented.  Motion carried unanimously.

 

V.        MATTERS FROM CITIZENS

 

Chairman Chitwood opened the meeting for any matters from the public.

 

No issues were brought before the Commission.

 

VI.       MATTERS FROM COMMISSION / DEPARTMENTS / ATTORNEY

 

            1.      $14,000 EXPENDITURE REQUEST

                     BIG SMITH FIRE DEPT. / EXTRICATION EQUIPMENT

 

Administrator Hampton requested approval for purchase of extrication equipment for the Big Smith Fire Department in the amount of $14,000 to be charged to account 35700-57-2840.

 

A motion was made by Commissioner Anderson, seconded by Commissioner Peeples, to approve the request as presented.  Motion carried unanimously.

 

VII.     EXECUTIVE SESSION

 

A motion was made by Commissioner Anderson, seconded by Commissioner Peeples, to adjourn to Executive Session at 6:05 p.m. in order to discuss a personnel issue and a legal issue.  Motion carried unanimously.

 

After discussion, a motion was made by Commissioner Anderson, seconded by Commissioner Peeples, to adjourn to Regular Session at 6:15 p.m.  Motion carried unanimously.

 

VIII.    ADJOURNMENT

 

There being no further business, the meeting was adjourned.

 

 

Approved this __________ day of ___________________, 2006.

 

 

 

 

                                                                        _______________________________________

                                                                        Chairman Steve Chitwood

 

 

ATTEST:                                                        

 

___________________________________

County Clerk Donna L. Patterson