April 20, 2014

Heard County BOC Minutes (10/24/13)


OCTOBER 24, 2013 – 6:30 P.M.

The Heard County Board of Commissioners held a Commissioners Meeting on October 24, 2013 at 6:30 p.m. in the courtroom of the Heard County Courthouse.

In attendance at the meeting were Chairman Lee Boone, District 1 Commissioner Larry Hooks, District 2 Commissioner Jacob Cammon, District 3 Commissioner Gwen Caldwell, District 4 Commissioner Frank Crook, District 5 Commissioner Sandi Allen, and County Attorney Jerry Ann Conner.

Chairman Boone called the meeting to order and welcomed everyone present. Commissioner Hooks gave the invocation.

Agenda Item # 3 – Presentation of Service Award – Chairman Boone and the Board presented a retirement plaque to Mr. Jerry Daniel for 39 years of continuous service to Heard County. Chairman Boone stated that Mr. Daniel is the longest serving employee in the history of Heard County.  The entire Board thanked Mr. Daniel for his loyal and dedicated service to Heard County.

Agenda Item # 4 – Approval of Minutes – On motion (Allen) and second (Cammon), the Board unanimously voted to approve the minutes from September 26, 2013 as presented.

Agenda Item # 5 – Amend Agenda – Chairman Boone asked for an amendment to New Business to include item – c. – Discuss Bevis Road Paving Project. Commissioner Crook asked for an amendment to Old Business to include – b. – Discuss Raises for County Employees. Chairman Boone also asked to move item – c. – under New Business ahead of items “a” and “b”. On motion (Cammon) and second (Allen), the Board unanimously approved these amendments.

Agenda Item # 6 – New Business

c. Discuss Bevis Road Paving Project – Public Works Director, Darold Wiggins stated that when he recently solicited bids on the paving of Bevis Road, he received no bids. He stated he spoke with the contractor that is paving Pea Ridge Road and asked if they would consider adding the paving on Bevis Road as an amendment to their current contract. The contractor stated that he would be willing to add to the current contract to include an additional 82,000 square yards for Bevis Road at the unit price of $3.19 per square yard with the understanding the additional 82,000 square yards is not a requirement to complete the contract. The contractor stated that he believes there is enough time to complete the original contract of 38,000 square yards and the additional 82,000 square yards before temperatures require work to be stopped for the season. Although, due to the limited days remaining in the season he does not want the additional 82,000 square yards to be a requirement to complete the contract. The contractor stated the determination to do the additional work would be made once the original 38,000 square yards is completed and they and Heard County agree that the weather will allow for the additional work to be done. Mr. Wiggins stated that he would like to authorize an over run on quantity to the contractor regarding this additional 82,000 square yards. Commissioner Cammon asked what if this additional work is not completed.  Mr. Wiggins stated he would then have to re-bid the 82,000 square yards. On motion (Crook) and second (Allen), the Board voted unanimously to approve this request.

a. Set 2013 Millage Rate – Chairman Boone asked Tax Commissioner, Sandra Nolen to explain the computation of the rollback number of 6.956 that was advertised. She explained that the difference in the rollback number of 6.956 and the 2012 millage rate of 6.94 is only .016 of a percent. Commissioner Caldwell stated that the Board discussed in the budget work sessions not to increase the millage rate at all. After further discussion, on motion (Caldwell) and second (Allen), the Board unanimously set the 2013 millage rate at 6.94 mills.

b. Set Commissioner Meeting Date for November and December, 2013 – Due to the Thanksgiving and Christmas holidays, on motion (Allen) and second (Hooks), the Board unanimously voted to move the November 28th meeting to November 21st and the December 26th meeting to December 19th.  The monthly board meetings will resume their normal schedule of the fourth Thursday of each month on January 23, 2014.

Agenda Item # 7 – Old Business

a. Update on CAD System – Chairman Boone stated that Mr. Mike Simmers of LAS Systems called and asked to meet with him to address the problems with the CAD System that were discussed at the last commissioners meeting. He stated that he, 911 Director Chris Acosta, 911 Assistant Director Darlene Shoemake, and IT Director Andrew Williams did meet with Mr. Simmers. He stated it was decided that 911 Director Chris Acosta will be putting together a list of the CAD system problems to send to the county attorney who will then draw up a new contract stating the problems and that the problems will be addressed and fixed within 60 days. He stated that Mr. Simmers agreed to sign the new contract and agreed that a 90 day warranty will apply to the system after the 60 days.

b. Discuss Raises for County Employees – Commissioner Crook proposed to the Board to pay the 911 employees salaries from the 911 account which would free up money in the general fund to give a raise of $.25 an hour to all full time employees who have one year of service with the County. Finance Director Felicia Adams explained that recent legislation has permitted local governments to use 911 funds for dispatcher salaries. She stated to refund the general fund account for 911 salaries is simply a cash transaction. Mrs. Adams stated to give raises of $.25 an hour to approximately 133 full time employees who have one year of service with Heard County, would cost approximately $86,000.00.  Chairman Boone clarified that 911 monies would only be used for salaries for the 911 employees, not to give everyone an across the board raise. After further discussion, on motion (Crook) and second (Allen), the Board unanimously approved this recommendation to be effective October 27, 2013.

Agenda Item # 8 – Public Comments – Tax Commissioner, Sandra Nolen thanked the Board for the pay raise for the County employees. She stated that Heard County has a lot of loyal, hardworking employees, who deserve a raise.

Agenda Item # 9 – Executive Session – None.

There being no further business, on motion (Caldwell) and second (Cammon), the Board unanimously voted to adjourn.

*Minutes provided by Patty Jiles



  1. The reason there were no bids for resurfacing Bevis Rd. is because of the heater scarification surface recycling that Lee Boone and Darold Wiggins chose to do in spite of competent professional advice against it.

    Heater scarification surface recycling involves heating the top 1″ of the existing pavement structure to approximately 300 degrees by subjecting the surface to temperatures approaching 1000 degrees. Then the top 1/2″ – 1″ disturbed with spring loaded steel tines, a so called rejuvenator is added and the pavement is re-screeded to a semi-smooth temporary wearing course. Since heater scarification surface recycling destroys the elastic properties of the asphalt cement (this is not mitigated by rejuvenator), the resulting pavement is brittle and prone to cracking and rutting immediately after paving.

    Additionally there were no quality control measures in place to check for density, smoothness or mix consistency and there was no tack coat applied between the layers. As such, the recycled pavement is porous, has no structural value (can’t resist rutting, cracking or slippage) and must be resurfaced almost immediately or risk losing the whole pavement structure.

    Here is where they really needed a hot-mix asphalt contractor because 1″ of hot produced asphalt does add to the pavement structure and may have provided some protection to the “recycled” mix. But – no hot-mix asphalt contractor wants to risk their reputation by paving over cracking, raveling, prematurely aged and virtually destroyed pavement.

    At this point, Lee Boone and Darold Wiggins realized they were in over their heads and had to reach out to the only paving contractor available to them, a micro-surfacing contractor form Florida. Micro-surfacing is essentially a mixture of sand and asphalt emulsion that is blended at ambient temperature and spread approximately 3/16” – 5”16” thick. While this thin layer may temporarily seal the surface of the “recycled” asphalt, it is not a structural layer. Therefore, it cannot bridge the many deficiencies in the “recycled” mix. There were no quality control measures in place for the micro-surfacing either and the result is Heard County paid for Type II micro-surfacing but got Type I micro-surfacing instead. The difference is that Type II has some aggregate particles the size of a pea and Type I is all sand.

    Be aware that they are planning to apply parking lot sealer to our roads as well. This material is patented as HA5 by Holbrook Asphalt of Utah (another out-of-state contractor). The generic name is “High Density Mineral Bond” but don’t let the name fool you. It is nothing more than the stuff you see applied to the Hobby Lobby parking lot in Carrollton recently. It’s black and nothing more except slick when wet.

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