May 2009

Board Meeting Date:  May 26, 2009 ~ 9:00 a.m.

PERSONS PRESENT: Don Stevens, Barry Mansell, Gene Cornelison, Gary Winchester, Eric Wilmarth, Buzz Ahrens, Nancy Martin, Tom Heard, Janice Henderson, David Kubala, Bill Graham, Tom Roach, Jim Carpenter, Wesley Banks, Rick Dobbs, Jeff Hooper, Ryan Sarks, Clint Blackwell, Mike Venters, Dwayne Fowler, Randy Mitchell, Dan Carson, Dwight Turner, Ron Banks, and Abby Roach.

Don Stevens, Chairman, called the meeting to order.

  1. TOM ROACH NOTED THAT THE BOARD, AT ITS 5/28/08 BOARD MEETING, HAD APPROVED A TERMINATION NOTICE TO SPRINT/NEXTEL WHICH PLACED SPRINT/NEXTEL ON NOTICE THAT THEIR LEASE AGREEMENT WOULD EXPIRE IN JUNE 2009. Mr. Roach noted that Sprint/Nextel is now requesting an extension of this notice which would allow Sprint/Nextel additional time to remove its equipment from the Authority’s Rose Creek tank. Mr. Roach noted that Sprint/Nextel has already been given a one-year notice to remove the equipment from the tank.Janice Henderson noted that the Authority currently receives $3041.75 per month from Sprint/Nextel for use of the Rose Creek tank.MOTION BY GARY WINCHESTER AND SECOND BY NANCY MARTIN TO APPROVE THAT SPRINT/NEXTEL BE CHARGED A RATE OF $9000.00 PER MONTH, IN ADVANCE, UNTIL SUCH TIME THAT SPRINT/NEXTEL REMOVES ITS EQUIPMENT FROM THE ROSE CREEK TANK. All members voted for the motion.
  2. TOM ROACH REPORTED THAT THE BOARD, AT ITS 4/27/09 MEETING, HAD AUTHORIZED AUTHORITY STAFF TO NEGOTIATE A CONTRACT WITH MCNEARY FOR INSURANCE AND RISK MANAGEMENT CONSULTING SERVICES, AT A NOT-TO-EXCEED AMOUNT OF $28,000.00 PLUS OUT-OF-POCKET TRAVEL EXPENSES, WHICH WOULD BE SUBJECT TO THE AUTHORITY’S PRIOR APPROVAL. Mr. Roach noted that the Authority has learned that McNeary made misrepresentations during their presentation to the Authority. McNeary informed the Authority that they do not sell insurance. Mr. Roach noted that the Authority has determined that McNeary does, in fact, sell insurance. Mr. Roach also noted that McNeary has not received a valid consulting license in the state of Georgia.MOTION BY NANCY MARTIN AND SECON BY GARY WINCHESTER TO TERMINATE THE CONTRACT WITH MCNEARY BASED UPON THE MISREPRESENTATIONS MADE IN MCNEARY’S PRESENTATION TO THE AUTHORITY. All members voted for the motion.MOTION BY NANCY MARTIN AND SECOND BY GARY WINCHESTER TO AUTHORIZE TOM HEARD TO EMPLOY A PROPERLY LICENSED CONSULTANT TO ASSIST THE STAFF IN AWARDING PROPERTY, CASUALTY, AND WORKERS COMPENSATION INSURANCE FOR A SUM OF NO MORE THAN $25,000.00. All members voted for the motion. 
  3. MOTION BY BARRY MANSELL AND SECOND BY GARY WINCHESTER TO APPROVE THE 4/27/09 BOARD MEETING MINUTES AS PRESENTED. All members voted for the motion.
  4. CHAIRMAN STEVENS REVIEWED THE FOLLOW-UP ITEMS FROM THE 4/27/09 MEETING:
    1) IT WAS THE CONSENSUS OF THE BOARD TO SCHEDULE THE JUNE 2009 BOARD AGENDA MEETING/WORK SESSION FOR FRIDAY, JUNE 26, 2009 AT 1:30 P.M. The work session will be held at the Fitzgerald Creek facility so that the Board will be able to tour the Fitzgerald Creek facilities in conjunction with holding the monthly work session.
    2) BILL GRAHAM REPORTED THAT THE UNIVETER TANK IS BACK IN-SERVICE.
  5. JANICE HENDERSON REPORTED THAT AUTHORITY CUSTOMER MICHELE KIRK IS REQUESTING REIMBURSEMENT OF A SERVICE CHARGE THAT WAS ASSESSED TO HER ACCOUNT IN APRIL 2009. Mrs. Henderson presented Ms. Kirk’s account history and payment information to the Board of Directors.MOTION BY NANCY MARTIN AND SECOND BY BARRY MANSELL TO DENY MS. KIRK’S REQUEST FOR REIMBURSEMENT DUE TO THE DELINQUENCY OF THE ACCOUNT AND PAYMENT STATUS, CONSISTENT WITH AUTHORITY POLICY. JANICE HENDERSON WILL DRAFT A LETTER TO MS. KIRK WITH CHAIRMAN STEVENS’ SIGNATURE WHICH DETAILS THE BOARD’S RULING REGARDING THIS ISSUE. All members voted for the motion.
  6. JANICE HENDERSON PRESENTED THE FINANCE REPORT. Mrs. Henderson reported that total operating revenues are approximately $2,914,583.00 under budget for the period ending 3/31/09. Mrs. Henderson also reported total operating expenses are approximately $1,119,658.00 under budget for the same period. Mrs. Henderson stated that income from operations is approximately $1,794,925.00 under budget, and reported a year to date net loss of $1,940,613.00 as of 3/31/09.
  7. JANICE HENDERSON NOTED THAT SHE WOULD REPORT CONCERNING THE AUTHORITY’S STREET LIGHT FEES AT NEXT MONTH’S MEETING.
  8. CLINT BLACKWELL PRESENTED THE WATER TREATMENT OPERATIONS REPORT. Mr. Blackwell reported an average daily treatment of 14.01 MGD for the month of May at the Etowah River WTP. Mr. Blackwell reported that the Hollis Q. Lathem Reservoir is full at 1189 feet.
  9. MIKE VENTERS PRESENTED THE WASTEWATER TREATMENT OPERATIONS REPORT. Mr. Venters reported an average daily treatment of 2.238 MGD at the Rose Creek facility, and an average daily treatment of 4.041 MGD at the Fitzgerald Creek facility. Mr. Venters also noted that gas chlorine has been removed from processes at Rose Creek.
  10. BILL GRAHAM PRESENTED THE CONSTRUCTION REPORT. MR. GRAHAM REFERENCED CORRESPONDENCE RECEIVED FROM DR. FRANK PETRUZIELO, SUPERINTENDENT OF SCHOOLS FOR THE CHEROKEE COUNTY SCHOOL DISTRICT. In this correspondence, Dr. Petruzielo noted that the Cherokee County School District is working with Diversified Electronics, Inc. to improve the interoperability of its radio communication system. This system is vital in meeting the School Board’s Major System priority for ensuring a safe and secure environment for teaching and learning. Additionally, state law requires that live communication devices are installed and used on every school bus.Dr. Petruzielo noted that to effectively communicate county-wide, assessments have shown that installation of radio antennas/repeaters in the areas of Clayton and Free Home would provide the best talk-in/talk-out coverage. Following some preliminary discussion with Don Hammontree, Maintenance & Purchasing Supervisor for the Authority, Dr. Petruzielo’s staff has recommended that consideration be given to utilizing the water tank sites in these areas given their location and elevation.MOTION BY BARRY MANSELL AND SECOND BY ERIC WILMARTH TO APPROVE THE REQUEST OF THE CHEROKEE COUNTY SCHOOL DISTRICT FOR INSTALLATION OF RADIO ANTENNAS/REPEATERS ON THE CLAYTON AND FREE HOME WATER TANKS, CONTINGENT UPON RECEIPT OF INSTALLATION DRAWINGS BY DIVERSIFIED ELECTRONICS, AND CONTINGENT UPON APPROVAL OF THESE DRAWINGS BY UTILITY SERVICE COMPANY IN ORDER FOR THE AUTHORITY TO BE ASSURED THAT INSTALLATION OF THE EQUIPMENT WILL NOT INTERFERE WITH THE MAINTENANCE OF THESE TANKS. All members present voted for the motion.
  11. BILL GRAHAM REPORTED CONCERNING A SEWER LINE INSTALLATION AT 3956 FOXGLEN DRIVE IN WOODSTOCK. Mr. Graham reported that this sewer line is a private line that is encroaching by 10 feet on the Authority’s sanitary sewer easement.IT WAS THE CONSENSUS OF THE BOARD FOR AUTHORITY COUNSEL TO PLACE THE CUSTOMER AT 3956 FOXGLEN DRIVE ON NOTICE OF THE IMPROPERLY INSTALLED SEWER LINE. THE CUSTOMER WILL ALSO HAVE 60 DAYS TO REMEDY THE SITUATION OR THE AUTHORITY WILL TAKE FURTHER ACTION. 
  12. BILL GRAHAM REPORTED THAT, AT THE 1/29/07 BOARD MEETING, THE BOARD HAD APPROVED THE EXECUTION OF A CONTRACT WITH JEFF DOBSON ASSOCIATES WHICH ALLOWED JEFF DOBSON ASSOCIATES TO SELL THE AUTHORITY’S SURPLUS ITEMS. This contract was for the period 2007-2009. Mr. Graham noted that the Authority has received a new contract for the period 2010-2012. Mr. Graham noted that, upon execution of this contract, Jeff Dobson Associates will receive 0% seller’s commission on trucks, cars, and buses. Jeff Dobson Associates will receive a 10% seller’s commission on any remaining surplus items. Mr. Graham recommended approval of this contract.MOTION BY ERIC WILMARTH AND SECOND BY NANCY MARTIN TO APPROVE THE CONTRACT WITH JEFF DOBSON ASSOCIATES FOR THE PERIOD 2010-2012. All members voted for the motion.
  13. TOM HEARD PRESENTED THE GENERAL MANAGER’S REPORT.
  14. MOTION BY GARY WINCHESTER AND SECOND BY ERIC WILMARTH TO ENTER INTO EXECUTIVE SESSION TO DISCUSS REAL ESTATE ACQUISITION. All members voted for the motion.MOTION BY GARY WINCHESTER AND SECOND BY NANCY MARTIN TO EXIT EXECUTIVE SESSION AND RETURN TO REGULAR SESSION. All members voted for the motion.
  15. MOTION BY ERIC WILMARTH AND SECOND BY GARY WINCHESTER TO AUTHORIZE THE EXPENDITURE OF FUNDS, AT AN AMOUNT DISCUSSED IN EXECUTIVE SESSION, IN ORDER TO OBTAIN AN INDUSTRIAL APPRAISAL ON PROPERTY #0901. All members voted for the motion.
  16. MOTION BY GARY WINCHESTER AND SECOND BY ERIC WILMARTH TO ADJOURN. All members voted for the motion.

The meeting adjourned at 10:00 A.M.

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