CB AGENDA WALKER COUNTY BOARD OFCOMMISSIONERS LAFAYETTE. GEORGIA30728  WALKER COUNTY COURTHOUSE, ANNEX III, 201 SI MAIN STREET  RG  The following constitutes the agenda for the regular scheduled meeting of the Board of Commissioners of  Walker County, Georgia to be held ate 6:30 p.m. on September 26, 2024  REGULAR SCHEDULED MEETING  Invocation & Pledges  Chairman Whitfield will Call to Order the Regular Meeting  Establish a Quorum is present Approve Agenda Approve Minutes Public Comment New Business Commission Grant  Minutes for the Regular Scheduled Meeting Held on September 12, 2024 at 6:30 p.m.  Resolution R-034-24 to Agreement to Provide Local Match for Historic Preservation Resolution R-035-24 to Revise the Regular Meeting Calendar for 2024 Resolution R-036-24 to Establish the County Holiday Schedule for 2025  Resolution R-037-24 to Declare Fire Rescue Property as Surplus and Removed from the Resolution R-038-24 to Rescind Approval of an Intergovernmental Agreement with the City of License and Access Agreement with the Georgia Department of Natural Resources  County Inventory  Rossville for Recreational Services  Commissioner Comments Executive Session (if necessary)  Adjourn  NEXT REGULAR MEETING- Thursday, October 24, 2024 at 6:30 p.m.    Walker County Governmental Authority 101 South Duke Street, P.O. Box 445 LaFayette, GA 30728 706-638-1437 Minutes of the Regular Meeting September 12, 2024-6:301 PM  Call to Order: II. Attendees:  Chairman Shannon' Whitfield called to order the Public Hearing oft the Board of Commissioners held atA Annex III, 201 S. Main Street, LaFayette, Georgia ate 6:30 PM on September 12, 2024. Thef following were present: Chairman Shannon Whitfield, Commissioner Robert Blakemore, Commissioner Mark Askew, Commissioner Brian! Hart, Commissioner Robert Stultz, Legal and Policy Director David Gottlieb, and Communication Specialist Dakiya Porter. Other guests signed Commissioner Hart made a motiont to approve the agenda with one modification to add Purchase Order 2024-00002733, seconded by Commissioner Askew, 4 ayes and 0 nays, motion carried. Commissioner Stultzr made ar motion to approve the minutes oft the Regular Scheduled Meeting held August 22, 2024 ate 6:30 p.m., seconded by Commissioner Blakemore, 4 ayes and 0 nays, A. Chairman' Whitfield presented the FY2025 General Fund Budget and FY2024 Enterprise Funds & Special Revenue Budget of the Governing Authority of Walker County, Georgia. 1. Melissa Hulsey came forward with questions aboutt the Hotel/Motel tax.  ina att the meeting as well. Please see the attached signi ins sheet.  Il. Approval of Agenda: IV. Approval of Minutes:  minutes were approved.  V. Public Hearing (Budget):  VI. Public Comment:  1. Chairman Whitfield presented a Statement on Public Meeting Decorum (attached).  2. Tim Bennet spoke abouti items that are forbidden to come inside the courthouse building. There is a sign posted on the south entrance tot the courthouse and Mr. Bennet claims this sign is unconstitutional. He referenced several O.C.G.A.s. He also stated thate employees can bring their cell phones into the courthouse and ifitisf forbidden then it needs to bef forbidden for all. He stated that the courthouse is a mixed use of offices and courts. He did not finishy what he wanted tos say within thet five minutes, but stated ale letter had been mailed tot the commissioners office. Chairman Whitfield responded that he would have 3. Jim Pope spoke aboutt the board's governing. jurisdictions and authority. He questioned Commissioner Stultz and pressed for an answer ast to how Commissioner Stultzi interprets the exception clause and the law. Commissioner Stultzr responded that he does not have anything different then what hel has previously Melissa Hulsey asked how the hotel/motel taxi is specifically broken out and if the budget reflects this. Mrs. Husley questioned the enterprise and special revenue fund budget and referenced page 19 of31, 6. Steven Keith came forward to discuss the animal shelter and animal control. He asked thel board to do 7. Frankie Martinez, al local home builder, spoke about fixing Angland Road. He statedt that this road was in poor condition. He questioned how long the process took to get the road fixed. Mr. Martinez wants tob buy land ont this road and build homes and the condition oft this road is nott traversable to everyone.. 8. Frederick Uffordt thanked Chairman' Whitfield for his service to the County. He also expressed his opposition fort the Chickamauga Battlefield Connector Trail. He claimed therei is note enough traffic, not 9. Jay Tankersley stated that the Ag center isl looking good and that Ag dayi ist this weekend. He referenced several documents pertaining tol McLemore. Hes statedt that he understands that they do need some help starting up, but 30 yearsi is al longt time. He is in opposition of the agreement due tot the length of time they 10. Jennifer Hayes spoke aboutt the Connector trail. She stated that shet feels the bridge isr not regulated. She claimed thatt the bridge has almost collapsed twice. She stated that she has a working! hayfield and does not want this tot take away from her personal business. She stated thati int the past shel has asked for speed bumps and regulations tol bep put inp place. She is concerned the trail will bring in more people she 11. Robbie Tate spoke ont thel McLemore: agreement. Inl his opinion 30 yearsi is way tool long. He stated that Shannon did a greatj job at getting the county out of debt buth hei is opposed tot this agreement. He also  the county attorneyl look into these concerns.  statedi inp prior meetings.  4. Jamie! Hulsey spoke about the hotel/motel tax and MOU. He referenced R-004-18. 7540t tourism line item 523300.90 regarding ane expense for $700,000.  better for the animals.  enough walkers or bicycling int this area.  are asking for.  simply does not want.    statedt that hev wanted tof follow up on having his road (Foster Mill DR) repaired. He claimed thatt they did sprays some areas butr no other action has been taken. David Gottliebr responded that he would need to get with Carlen Bowers, the Public' Works Director, to discuss where they were atv with this process. 12. Ned Yates came forward to discuss his opposition int the McLemore agreement. He urged the commissioners tot table this agreement until Chairwoman elect Angie Teems takes office. 13. Karen Bradley statedt thats she is opposed tot the McLemore agreement. She also discussed the damages to Chamberlain Rd and Little. John Rd. She claimed that these roads have severe damage, drains have been washed outa and ith has been temporarily fixed and noti fixed properly. She requested that the roads bep patched before winter and the guardrail that has been knocked over fixed. 14. Gary Williams came forward with questions aboutt the connector trail. He specifically asked what the county was contributing tot this trail and what the requirements and obligations were for the county. Mr. Williams questioned" where the rest oft the money was coming from to complete this project. He stated that he wouldi really like to! know morei information about this project. 15. Kathy Eubanks came forward tor request District 41 to vote against the McLemore agreement. She questioned the board onv whether McLemore had top pay any property tax andi ift they were paying the fire servicef fee. She urged the! boardt tot table this agreement 16. Scott McNabb expressed that he was opposed tot the McLemore agreement. He asked Commissioner Blakemoe to givei it some thought when he went to vote ont this matter. 17. Angela Pence came forward to ask Commissioner, Askew tot table the McLemore agreement. She complimented Chairman Whitfield on his service and bringing the county out of debt. 1. Resolution R-031-241 to adopt the General Fund Budget for FY2025.  VII. New Business:  A. Commissioner Hart motioned to approve the budget, Commissioner Blakemore seconded. 4 ayes, Or nayes. The resolution was unanimously approved. 2. Resolution R-032-24 to adopt the Special Revenue and Enterprise Funds Budget for FY2025. A. Commissioner Stultzr motioned to approve the budget, Commissioner Hart seconded. 4 ayes, 0 nayes. The resolution was unanimously approved. A. Chairman' Whitfield motioned to appoint Police Chief David Gilleland as Walker County Chief of Police. Commissioner Blakemore seconded the motion. 4 ayes, Or nays. The 4. The Development, Agreement and Grant of Temporary Access and Construction Easement for the A. Noel Durant came forward tos speak about the connector trail and answer any questions citizens had about the trail. He stated Walker County has committed $50,000 and the city of Chickamuaga has committed $50,000, foundations and grant money would cover the rest. He statedt that with nop publica areas for visitors, itis hard to conserve the history. He believes this willl be a benefit tot the county. He mentioned severali foundations and stated that his teami is still working tor raise more money. The trail has ane estimated construction time ofs six months and would ber made out of compacted concrete. Parking was discussed.. Additional parking will not be constructed as thisi ist to help attract people to B. Commissioner. Askew motioned to approve the agreement. Commissioner Blakemore seconded the motion. The agreement was unanimously: approved.  3. Resolution R-033-241 to appoint a new Chief of Walker County Police.  resolution was unanimously approved. Chickamauga Battlefield Connector' Trail.  theb businesses of Chickamauga.  Chairman! Whitfield requested a 10-minute recess which occurred from 8:25 p.m. to 8:35 p.m.  VII. Board Discussion (McLemore Agreement):  1. Chairman Whitfield stated that McLemore has been up on the mountain for several years. The previous administration was tryingt to create a public-private partnership. Chairman Whitefield believes that this willl be a revenue: stream for Walker County. He stated that wheny you have a tourist destination, itrelieves tax dollar pressure on the school system, health department etc. he stated that allp previous hotel/motel tax was goingt tot the cities because thati is where they are located, having McLemore helps our county. Whitfield stated that the last thing he wants to doi is bring financial hardship tot this county. Whitfield stated that hel has no personal orf family Commissioner. Askew stated that when this matter was brought to him, he wanted the primary and secondary legal councilt tor review the terms, conditions, and legalities oft the agreement before making a decision. Commissioner Askews stated that he and Chairwoman elect Angie Teems went to McLemore for a meeting. He believes thatt this will be al beneficial agreement to the county because we will still receive sales taxi from thei incoming tourists. Commissioner Stultz questioned ifv wel knew what the estimated numbers would be ont the tax Commissioner Hart states that het thinkst this isi in our county's best interest and is a good idea. . Commissioner Blakemore states that a percentage of what McLemore is saving will be reinvested  investments in McLemore for personal gain.  revenue Walker County would receive. into the resort to continue to drawi inr moret tourists.  Chairman Shannon' Whitfield asked to suspend the rules to open the meeting top public comments ont the McLemore Agreement only. Commissioner Askewr made a motiont to opent the public comment section for discussion ont the McLemore project. Commissioner Stultz seconded the motion. 4 ayes, 0 nays motion carried.  1. Jay" Tankersley came forward with a memorandum of understanding and a resolution that states the county will get 3%1 for hotellmotel tax. Mr. Tankersley wants to see the documents that say 2. Jamey Hulsey questioned wheret the letter ofi intent was. Mr. Hulsey wants tok knowi ift therei is something happening that the citizens do not know. He wouldI like tos see the supporting  thata a deal with the MOU. documents.    3. Melissa Husley stated that the lack of documentation is a concern. She statedt that McLemore is greatf for the county. She does nota agree with the time frame of 30 years. She suggested a 10 4. Ned Yates stated that he understands thati if yous give your word, that integrity is very important. Rusty Hayes came forward to questioni ifM McLemore had any intentions of buying the Mountain Cove Farms as hel knows that they have touredi itai few times. The commissioners confirmedi that 6. Gary Williams referred tot the project agreement fund agreement page 1 section 4. 7. David Gottlieb stated that Hotel/Motel taxi is a complicated issue. He statedt that the 3% is unrestricted and can go tot the General Fund or be used elsewhere. Mr. Gottlieb also stated that the MOUi is readily available, ith has not been requested, but can! be provided to anyone that would 8. Angela Pencet thanked the boardf for going over everything in depth. She statedt that she does agreet that McLemore does benefit the community. She claimed that the board needs to dol better 9. Robert Tate came forwardi in opposition tot the McLemore agreement as he stated 30 years is a 10. Roy Hambrick questioned how longt this information had been available to the public. He recommended taking a step back andt tabling the agreement tor review the MOUS. 11. Scott McNabb camet forward stating that he did and open record requests for the MOU and has it. He claimed thati it states that the hotel/motel tax would be 8%. He requested that the board hold  yeart term with the rightt tor renewi it.  He emphasized that transparency oft the deal ist the problem. there arer nop pending agreements for Mountain Cove Farms.  like tos see it.  ati informing and explaining things. longt time and the documents are nota available.  meetings to explaint their positions ont this agreement. 12. Gary Williams askedi ifthisi is a newi funding agreement.  Commissioner. Askew made a motion to allow Gary Williams tos speak a second time ont the McLemore topic.  Commissioner Blakemore seconded the motion. 4a ayes, Or nays motion carried.  IX. New Business:  1. Agreement with Scenicl Land Company per Cloudland atN McLemore Project. 2. Tourism Product Promotion and Development Agreement  A. Commissioner Stultz motioned to approve the agreement, seconded by Commissioner Hart. 4 ayes, 0 Nayes the agreement was approved unanimously. A. Commissioner Hart motioned to approve the agreement, Commissioner Blakemore seconded the motion. 4 ayes, 0 nays the motion was approved unanimously. 3. Purchase Order 2024-00002722 Topo Industries, LLC in the amount of $40,000 for grinding brush A. Commissioner Blakemore motioned to approve the purchase order, Commissioner Hart seconded the motion. 4 ayes, Or nays the purchase order was approved. A. Chairman Whitfield statedt that the stats were included and available int the packet but due toi it being sol late he was going tof forgo reading them.  atthel Landfill.  4. August 2024 Departmental Statistics  X. Commissioner Comments:  1. Commissioner Blakemore said appreciates everyone coming out and beingi involved. He thanked allt the first responders, residents and employees of Walker County for all their hard work. 2. Commissioner. Askew expressed that the boardi is tryingt to do their best. He explained that the McLemore project was brought tol his attention about three months ago and he wanted to do his due diligence sot the! board! had primary and secondary council review alli items. Commissioner Askews statedt that he believes thatt this vote was int the county's best interest. Hei thanked everyone for coming out and thanked all the countye employees for all their hard work. Commissioner Hart spoke about Beacher Garmany. He statedt that he was ag great man and will ber missed. Commissioner Hart reminded everyone that the AG Festival is this Saturday September 14, 2024 att the newlyr revamped AG Center from 8am-5pm. This eventi is rain or Commissioner Stultz commented on Beacher Garmany. He stated that he was a great man and will ber missed. Commissioner Stultzt thanks all the employees for all their hard work. He stated that hel believes Mclemore willl bring moneyi inf for Walker County and relieve some tax burdens. Chairman Whitfield thanked everyone and expressed his appreciation oft the citizens and their confidence int thet team tol handler matters fort the county. Chairman Whitfield expressed that! he believes the community will prosper because oft the vote for McLemore. Hes stated! he appreciates everyone being here tonight, being professional and courteous of each other. He thanked all the Commissioner Hart made a motion to adjourn the meeting, Commissioner Stultz seconded the  shine.  county staff.  XI. Adjournment:  motion. Motion carried andt the meeting was adjourned at 10:22PM.    Shannon K. Whitfield Chairman/CEO Walker County Georgia  Date  Minutes prepared by: Walker County Deputy County Clerk, Jessica Staton    Commissioner Meeting  Statement on Public Meeting Decorum  As Chairman of the Board of Commissioners, Ih have been tasked with addressing the  issue of public meeting decorum tonight.  We reside in the greatest nation in the world, and we have the privilege of raising our families in one of Georgia's most desirable communities. As citizens, we have the right and obligation to actively participate in our local government. Public meetings serve asa crucial platform for us to voice our concerns, share our ideas, and engage in constructive dialogue. However, it is imperative that we conduct ourselves with respect and civility  during these gatherings.  Disruptive behavior, personal attacks, pounding on the podium, and vulgar language have no place in our public meetings. Not only do they impede the Commissioners' ability to conduct business effectively, but they also create an atmosphere of hostility and  intimidation that discourages other citizens from participating.  Iti is essential to recognize that we all share a common goal: to improve our community and make it a better place for everyone. While we may hold differing opinions, it is crucial  that we express them respectfully and constructively.  lurge all citizens to be mindful of their behavior when attending public meetings. Let us strive to create a positive and productive environment where everyone feels welcome, respected, and heard. The board desires that Walker County be known throughout the region as a community that can assemble and engage in meaningful public discussions  protessionally.  To ensure that everyone has an opportunity to address the Board of Commissioners, we offer each person up to 5 minutes of speaking time. We kindly request that you focus your remarks on issues, concerns, or ideas directly related to Walker County. While we recognize the importance of national and global issues, our primary responsibility is to  address matters within our jurisdiction.  Thank you for your attention and cooperation. Together, let us foster a respectful and productive public meeting environment that encourages active participation and positive  outcomes for our community.    Reqular Scheduled Board of Commissioners Meeting  Walker County Annex III August 22. 2024 6:30PM  Roll Call  Present/Absent  Commissioner Blakemore Commissioner Askew Chairman Whitfield Commissioner Hart Commissioner Stultz  Present  Present Present Present Present    RG) Sign In Sheet August 22,2024 6:30PM  Regular Scheduled Board of Commissioners Meeting  Name  Address Chekeneys Rossvilet 5 Dlanny *7 Tnspeckry Resville WEHPC  Anpe7eens Somalabb Cac Wbr Tohis M ddlefa Sentisle Lathallbu fub Tancn A Bndon Lison NEAHET Luhagr Spseyy Husay Bun hh-lh t  LalayeHe  RISNGEAWN  Chskamayys hhuite RX  Lenluy    RESOLUTION R-034-24  A RESOLUTION OF THE WALKER COUNTY BOARD OF COMMISSIONERS TO ACCEPT THE MATCH CONDITIONS OF THE GEORGIA DEPARTMENT OF  COMMUNITY AFFAIRS HISTORIC RESOURCES SURVEYGRANT  WHEREAS, the Board of Commissioners of Walker County ("County")i is the governing WHEREAS, on. January 25, 2024, the County approved Resolution R-004-24 authorizing the Walker County Historic Preservation Commission to apply fora a Historic Resources Survey grant through the Georgia Department of Community Affairs Historic Preservation Division to conduct a new! historical resources survey; and  authority of Walker County, Georgia; and  WHEREAS, the County agreed toj provide the grant's required match through in kind WHEREAS, Walker County has been awarded a $33,333-33 grant for the project from WHEREAS, the match conditions oft the grant will require local funds, in addition toin THEREFORE: BEI IT RESOLVED, that thel Board of Commissioners of Walker County, Georgia does hereby authorize upt to $13,333-33 in matching funds, througha combination ofi inl kind and cash contributions, required fori this grant;  services; and  the Georgia Department of Community. Affairs Historic Preservation Division; and  kind services;  sO RESOLVED AND ADOPTED this 26th day of September, 2024.  ATTEST:  WALKER COUNTY, GEORGIA  Whitney Summey, Deputy Clerk  SHANNON K. WHITFIELD, Chairman The foregoing Resolution receiveda ai motion for from Commissioner, second by Commissioner, and upon the question the vote is nays to adopt thel Resolution.  (SEAL)  ayes,    RESOLUTION R-004-24  A RESOLUTION OF THE WALKER COUNTY BOARD OF COMMISSIONERS AUTHORIZE THE WALKER COUNTY HISTORIC PRESERVATION COMMISSION TO TOI FILEAGRANT. APPLICATION FOR A HISTORIC RESOURCE SURVEY  WHEREAS, thel Board of Commissioners of Walker County ("Board") is the WHEREAS, the Board reestablished the Walker County Historic Preservation  authority of Walker County, Georgia; and  governing  Commission ("Commission") on March 11, 20211 for thej purpose of  historic  resources  preserving  in our community; and  WHEREAS, one oft thei functions oft the Commission ist to maintain ani inventory ofa all property within the county designated as historic or having the potential for designation as  historic; and  WHEREAS, in order to qualify fors state grants relating tol historic preservation, a new WHEREAS, the Commission requests authority to pursue a grant to conduct a Historic  Historic Resources Survey must be completed; and  Resources Survey and agrees to complete the application andi interview) historics  consultants capable of completing thet task;  survey  THEREFORE BEI IT RESOLVED, that thel Board of Commissioners of Walker County, Georgia does hereby authorize the Walker County Historic Preservation Commission tof file ag grant application withi the Georgia Department of Community. Affairs Historic  Preservation Division toi fund a new Historic Resources Survey.  BEI ITI FURTHER RESOLVED, the Board agrees toj provide the 40% (percent) match  required for the grant through in kind services.  SOI RESOLVED. AND. ADOPTED this 25TH day of. January, 2024.  ATTEST:  WALKER COUNTY, GEORGIA SHANNONI K. WHITFIELD, Chairman  The foregoing Resolution receivedar motion for possoce from CommisieDAlmox second byCommissioner. ShHz and upon the question the votei is 4 ayes, 0 nays to adopt the Resolution.  lshiaglumes Whitney Summey, Deputy Clerk    RESOLUTION R-035-24  Al RESOLUTION OFTHE BOARD OF COMMISSIONERS OF WALKER COUNTYTO  AMENDTHE REGULAR MEETING CALENDAR: FOR: 2024  WHEREAS, Resolution R-002-24 oft thel Board of Commissioners of Walker County established the Board would conduct regular meetings at 6:30 p.m. on thes second and fourth  Thursday ofe each month in 2024; and  WHEREAS, an amendment toi the regular meeting calendar for 2024 is necessary due to meetings scheduled on October 10 and November 281 that conflict with training and a county  holiday;  THEREFORE, BEI ITI RESOLVED by the Board of Commissioners of Walker County, Georgia that regular meetings scheduled on thei following dates in 2024 are canceled: October  10, 2024 and November 28, 2024.  BEITFURTHER RESOLVED that meetings scheduled in 20241 for October 24,  November 14, December 12 and December 26 will commence as scheduled. SO RESOLVED AND ADOPTED this 26th day of September, 2024.  ATTEST:  WALKER COUNTY, GEORGIA  Whitney Summey, Board Clerk  SHANNON K. WHITFIELD, Chairman Thei foregoing Resolution received a motion for  from Commissioner second Commissioner by and upon the question  (SEAL)  the vote is the Resolution.  ayes,  nayst to adopt    RESOLUTION R-036-24  Al RESOLUTION OF THEI BOARD OF COMMISSIONERS OF WALKER COUNTYTO ESTABLISH Al HOLIDAY CALENDAR: FORCOUNTY OFFICES IN 2025 oft the State of Georgia under the Constitution and laws oft the state of Georgia; and  WHEREAS, Walker County isa duly created and validly existing political subdivision WHEREAS, it] has been determined that the County has anticipated and planned for the closure of certain business and administrative offices of the government in order to observe ar number of generally accepted holidays that occur throughout the year, said holidays tol be accounted for ini the respective fiscal year budget whichl have been or willl be accounted for in both the current fiscal year budget existing and thei future planned budget, both of which will  span the proposed calendar year;  THEREFORE, BEI ITI RESOLVED the Board of Commissioners of Walker County, Georgia does hereby create and establish the following calendar of County holidays for 2025:  January 1 (New Year's Day) January 20 (Martin Luther King, Jr. Day) April 18 (Good Friday) May 26 (Memoriall Day) July 4 (Independence Day) September: 1 (Labor Day) November 11 (Veterans Day) November: 27 (Thanksgiving) November 28 (Day after Thanksgiving) December 24 (Christmas Eve) December 25 (Christmas)  BE ITFURTHER: RESOLVED that the Board of Commissioners reserves the right to modify or change holidays scheduled; to substitute other holidays for scheduled ones; to award additional holidays or to reducet the number ofl holidays, depending ont the needs of the County.  sO RESOLVED AND ADOPTED this 26th day of September, 2024.  ATTEST:  WALKER COUNTY, GEORGIA  Whitney Summey, Board Clerk  SHANNON K. WHITFIELD, Chairman The foregoing Resolution received a motion for  from Commissioner second by Commissioner and upon the question  (SEAL)  the vote is the Resolution.  ayes,.  nays to adopt    RESOLUTION R-037-24  ARESOLUTION OFTHE BOARD OF COMMISSIONERSOFWALKER COUNTYTO DECLARE PROPERTY AS SURPLUS AND REMOVED FROM THE COUNTY  INVENTORY  WHEREAS, O.C.G.A. S 36-9-2 provides that the county governing authority shall have the control of all property belonging to the county and may, by order entered on its minutes, direct the disposal of any real propertywhichi mayl lawfully be disposed ofand make and execute  good and sufficient titlet thereof on behalf oft the county; and  WHEREAS, Walker County Fire Rescue has requested one 1991 Ingersoll Rand Breathing Air Compressor, serial number 307697872, and one 1991 Ingersoll Rand Cylinder Fill Station, serial number P86698, be deemed surplus and further requests that the property be  removed from the Countyinventory;  THEREFORE, BEI ITI RESOLVED byt thel Board of Commissioners of Walker County, Georgia that one: 1991 Ingersoll Rand Breathing. Air Compressor, serial number 307697872, and one: 1991 Ingersoll Rand Cylinder Fill Station, serial number P86698, be hereby declared unserviceable surplus, removedi from the County inventory, and donated tot the City ofLookout  Mountain Fire Department.  sO RESOLVED AND ADOPTED this 26th day of September, 2024.  ATTEST:  WALKER COUNTY, GEORGIA  Whitney Summey, Deputy Clerk  SHANNON K. WHITFIELD, Chairman The foregoing Resolution received a motion for  from Commissioner second by Commissioner and upont the question  (SEAL)  the vote is the Resolution.  ayes,  nays to adopt    RESOLUTION R-038-24  A RESOLUTION OF THE WALKER COUNTY BOARD OF COMMISSIONERS TO RESCIND APPROVAL OF AN INTERCOVERNMENTAL AGREEMENT WITH THE  CITY OF ROSSVILLE FORRECREATIONALSERVICES  WHEREAS, the Board of Commissioners of Walker County ("Board") is the governing WHEREAS, on July 25, 2024, thel Board approved an Intergovernmental Agreement ("IGA") withi the City of Rossville for use oft thel Rossville Community Center for recreational  authority of Walker County, Georgia; and  services; and  WHEREAS, the City of Rossville has not executed thel IGA; and  WHEREAS, thel Board now deems iti isi ini thel best interest of the citizens of Walker County that the County assume management ofs scheduling events and activities at the  Rossville Community Center;  THEREFORE BE. IT RESOLVED, that the Board of Commissioners of Walker County, Georgia does hereby rescind its approval oft the Intergovernmental Agreement with the City of Rossville for Recreational Services dated. July 25, 2024, as well as the Memorandum of Understanding with the City of Rossville that contemplated the development ofa city/county  recreation plan dated December 1, 2008;  BE: ITI FURTHER RESOLVED, the County shall assume responsibility for daily operations oft thel Rossville Community Center property effective October 1, 2024, and the Board assigns thel Rossville Community Center property tol be under the management of the  Civic Center Department;  BEJ ITI FURTHER RESOLVED, the Board remains open to collaborating with the City of Rossville on recreational sports ini thei future and agrees to honor any existing reservations  for use of thel Rossville Community Center property.  SO RESOLVED AND. ADOPTED this 26th day of September,2024  ATTEST:  WALKER COUNTY, GEORGIA  Whitney Summey, Deputy Clerk  SHANNON. K. WHITFIELD, Chairman The foregoing Resolution received a motion for from Commissioner, second by Commissioner, and upon the question the vote: is nays to adopt the Resolution.  (SEAL)  ayes,    LICENSE. AND ACCESS AGREEMENT  This Sampling and Removal License and Access Agreement ("Agreement') is made and entered into as of the date of the last signature hereunder ("Effective Date") between the Environmental Protection Division ofthe Georgia Department ofl Natural Resources, an agency of the State of Georgia (hereinafter referred to as the "Licensee") and Walker County ("Licensor"). Thel Licensee and the Licensor are collectively referred to herein as the "Parties."  WITNESSETH  WHEREAS, Licensor is the owner of certain real property located atl NI Marble Top Road, Chickamauga, Walker County, GA Tax Parcel 0265 0241 by this reference incorporated WHEREAS, pursuant to O.C.G.A. S 12-8-96(c). Licensee has requested access to the Property on behalfo ofi itselfa andi its contractors, surveyors, agents, representatives, employees, and assigns (hereinafter the "Licensee Parties") to carry out the corrective action on the adjacent parcel known as HSI 109691 Marble Top Road Abandoned Drum Site authorized under O.C.G.A. WHEREAS, Licensor is willing to grant that access tol Licensee and the Licensee NOW THEREFORE, in consideration oft the public purposes, mutual covenants and agreements! hereinafter set forth, and for other good and valuable consideration, the receipt and adequacy of which is hereby mutually acknowledged, the Parties hereby agree as follows:  herein (the "Property"); and  $12-8-96(b); Parties;  1. TERM.  a. The Term of this Agreement will commence on the Effective Date and will terminate on the date thati is three (3); years from the Effective Date, provided however, that Licensee may renew this Agreement for up to three (3) one-year b. Thel Licensee mayt terminate this Agreement upon fifteen (15) days' written 2. GRANT OFI LICENSE. The Licensee Parties willl have the right to enter the Property ont the terms and conditions set forth int this Agreement toj perform the tasks  periods by notifying the Licensor in writing.  notice tol Licensor.  described in this Paragraph 2 (collectively, the "Work"). a. Activities During Investigation on the Property:  Transport equipment onto and throughout the Property, as agreed upon with Licensor. The equipment will include trucks and sampling  equipment.  3. MANNER OF WORK; RESPONSIBILITY FOR COSTS. Licensee agrees that it willj perform and that it will cause the other Licenseel Parties toj perform any and all Work ont thel Property in an expeditious and workmanlike manner so as to minimize a. Licensee ort thel Licensee. Parties will obtain any and all necessary permits, registrations, licenses, or authorizations required for the Work, provided, however that Licensor will agree not to withhold unreasonably any consents . Licensee ort the Licensee Parties will coordinate with Licensor regarding the days and times during which Licensee and the Licensee Parties will conduct Licensee agrees that it will or thati it will cause its contractors, agents, representatives, and assigns tol have any existing public or! private utility lines and subsurface structures at thel Property be located, marked, andj protected before performing any Work that mayi interfere with such lines or structures. d. Upon written request from Licensor, Licensee willj provide tol Licensor in The costs of the Work willl be funded by the Hazardous Waste Trust Fundi in  interference with the Licensor's use oft thel Property, including:  or permissions required to obtain the same.  the Work att the Property.  writing the name(s) ofa any Licensee Parties.  accordance with the Act.  4. LIABILITY: FORI DAMAGE. As a state entity, Licensee may not and will not  Page 1of3    indemnify Licensor or any third parties for any costs, liability, claims, actions, demands, damages, or causes of action thati may arise out of the performance ofthe Work at the Property. The State of Georgia and the Hazardous Waste Trust Fund are relieved from alll liability for loss oft business, damages and taking of property associated with the corrective action under O.C.G.A. 8 12-8-96(dcu).  NOI INTERFERENCE. Licensee Parties.  Licensor agrees not tol hinder or delay performance oft the Work byt the b. Licensor agrees that iti iss solely responsible for purchasing andi maintaining liability and/or property insurance for the property toj protect Licensor's interests against any costs, liability, claims, actions, demands, damages, or causes of action that may arise from the performance oft the Work att the Licensor shall indemnify Licensee and any Licensee Parties from costs, liability, claims, actions, demands, damages, or causes ofa action that may arise duet tol Licensor'si negligence or willful misconduct, including such negligence or willful misconduct that results in harm or damage to any equipment belonging to the Licensee Parties or to any monitoring wells installed at the INSURANCE. Licensee shall cause its contractors, agents, representatives, and assigns to maintain insurance: ini the amounts specified inl Licensee's contract(s) with such contractors, agents, representatives, and assigns. Upon written request from Licensor, Licensee shall cause its contractors, agents, representatives, and assigns to 7. NOTICE. Notices or written communications described in this Agreement may be: (1) personally delivered, or (2) mailed by certified mail, postage prepaid, return receipt requested, (3) sent viai national overnight commercial carrier; or (4) transmitted by electronic-mail to the contacts as follows, or ata as substitute address  Property.  Property by the Licensee Parties.  furnish documentation demonstrating the same tol Licensor.  previously furnished to the other party by written notice: NOTICETOLICENSOR shall be sent to:  NAME ADDRESS EMAIL NOTICET TOI LICENSEE shall be sent to: Henry Candela Unit Manager Response and] Remediation Program 2MLK. Jr DrSE hemrycandendmgasor 8. I MISCELLANEOUS.  a. This Agreement shall be governed by the laws of the State of Georgia and any proceeding commenced: in connection witht the: same shall be brought ina court or other forum of competent jurisdiction in] Fulton County, Georgia. Thet terms and conditions of this Agreement constitute the entire agreement between the parties hereto with respect to the subject matter contained herein and supersede allj previous communications, whether oral or written, between the parties. No amendment, modification, or waiver oft thet terms oft this Agreement shall be effective unless documented in a writing executed by both This Agreement may be executed in any number of counterparts, all of which d. All costs and expenses incurred in connection with this Agreement andt the transactions contemplated. hereby shall be paid by the party incurring such  Parties.  together shall constitute one and the same instrument.  costs and expenses.  Page 2of3    Ifany term or provision of this Agreement isi invalid, illegal, or unenforceable ina anyj jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision oft this Agreement or invalidate or1 render unenforceable sucht term or provision in any otherj jurisdiction. This Agreement is for the sole benefit of the parties hereto and their respective permitted. assigns and nothing herein, express ori implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason oft this During the term oft this Agreement, Licensor shall inform Licensee in writing ifLicensor has entered into any contracts to sell the Property noi fewer than thirty (30) days before the intended closing date of any suchs sale. h. Thej parties agree that any electronic signatures on this Agreement constitute original, valid signatures pursuant to the Uniform Electronic Transactions Act,  Agreement.  O.C.G.A. $1 10-12-1 ets seq.  IN WITNESS WHEREOF, thel Licensor and Licensee, agreeing tot the above terms and conditions andi intending tol bel legally bound and each acting through persons duly authorized, have placed theirs signatures on duplicate original copies of this Agreement.  LICENSOR By:.  LICENSEE By:  [Signature]  [Signature] Jeffrey W. Cown, Director  Print name:  [Date of Execution]  [Date of Executionl  Page 3of3