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The meeting was called to order at 9:00 a.m. by Vice-Chairman James D. Harris, with Commissioners A. James Nance, Joyce C. Pheil, Ferrell Henry, and Brad Faircloth in attendance. Others present were County Administrator Lester E. Crapse, Jr., Finance Director Sherrie Leverett and secretary Linda Finch. Vice-Chairman Harris welcomed Mr. Faircloth to the Board; Mr. Faircloth, pastor of Faith Chapel Primitive Baptist Church, gave the invocation.


Vice-Chairman Harris nominated Ferrell Henry as Chairman for 2005 after he advised that he was told several years ago that the senior member of the Board usually moved to Chairman, but he has no desire to be Chairman; he moved to close the nominations, Mrs. Pheil, seconded the motion, and Ferrell Henry was appointed as Chairman of the Board of Commissioners of Crisp County for 2005. Chairman Henry responded that it was a pleasure to be chosen by his fellow Commissioners to serve in this position, he is honored to be a County Commissioner, and to have the cooperation from the staff, department heads, and Elected Officials. He also echoed the sentiment of retiring Chairman J. R. Dowdy, Jr. as the best days for Crisp County is ahead of us, and he pledged that the Commissioners will do the best they can to continue on with some of the projects we have going in the county and to bring in industry and new jobs where it is available and possible for them to have an influence. This Commission and himself will do whatever they can to continue to improve the quality of life.


Chairman Henry opened the floor for nominations for Vice-Chairman for 2005, he nominated James Harris as Vice-Chairman, and Mrs. Pheil moved that the nominations be closed, with Mr. Nance seconding that motion, and Mr. Harris was appointed as Vice-Chairman of the Board of Commissioners of Crisp County for 2005. Mr. Harris thanked Commissioners and advised that he will do everything he can to make Crisp County move forward.


Motion was made by Mr. Harris to approve the minutes of the meeting of December 14, 2004, seconded by Mrs. Pheil, motion carried unanimously.


Motion was made by Mr. Nance to appoint Guy D. (Pete) Pfeiffer as the County Attorney and Charles Jones as the Landfill Attorney for 2005, seconded by Mrs. Pheil, motion carried unanimously.


Administrator Crapse reported that it has been noted that the Board has never officially adopted a parliamentary procedure for the conduct of meetings of the Board of Commissioners. In order that business be conducted in an orderly way, he has discussed this with the county attorney, and they agree that it would be in order to adopt the procedure for operating the Board; therefore the procedure that is most widely used is the Roberts Rules of Order for Parliamentary Procedure. He stated that the effect of this procedure is to make things go in a more orderly fashion and speed up the process of business before the members of the Board, it does provide an organized procedure for handling different things that may come up, and it is pretty standard with what the Board has been doing all along, it is just adopting that procedure so that it will be formally established. Motion was made by Mr. Harris to adopt the Roberts Rules of Order for the county’s official parliamentary procedure on conducting the business of the Board of Commissioners of Crisp County, seconded by Mr. Faircloth, motion carried unanimously.


Chairman Henry appointed Mrs. Pheil, Mr. Harris, and himself to serve on a six month term to the Crisp County Power Commission thru June 30, 2005.


Chairman Henry appointed: himself to the Cordele-Crisp Industrial Development Authority, Crisp County Board of Health and the Agri-Industrial Development Division, as is the tradition of the Chairman; Chamber of Commerce - Mr. Nance; J. W. Mann Livestock Barn - Mr. Faircloth; Middle Flint RDC - Mr. Harris; Tourism Board - Mr. Faircloth; Train Authority - Mr. Harris and Mrs. Pheil; Mid-South RC & D Council - Mr. Harris and Mrs. Pheil; Landfill Committee - Mr. Harris and Mrs. Pheil; Water System Committee - Mr. Faircloth and Mr. Nance; Public Safety Committee - Mr. Harris and Mrs. Pheil; Public Works Committee - Mr. Faircloth and Mr. Nance; Crisp County Community Council - Mrs. Pheil; Crisp County Planning Committee - Mr. Faircloth and Mr. Nance; and Crisp County Finance Committee - Mr. Nance and Mrs. Pheil.


Chairman Henry opened the Public Hearing for a Special Use Permit for David & Patty Childers to locate eight chicken houses in a RR (Rural Residential) Zone District. Property located on Mud Road. Connie Sangster, Planning Director, showed on a map the area that David Childers owns and where the chicken houses will be located, which is at the back of the property. He has met the required restriction that the Unified Development Code calls for, and he is in excess of 1200 feet of the nearest resident, which is his own. Mrs. Pheil asked Mrs. Childers what they would do with the dead chickens, and she replied that they would most likely be disposed of through an incinerator. Chairman Henry asked for any comments in favor of the Special Use Permit: Maria Traverage, manager of Tyson Foods, stated that she is here on behalf of David and Patty, and would like to promote it for them, Tyson has had good success with chickens in the area, it is a profitable business and it brings in a lot of economic help in the community. Ms. Sangster stated that this will be the first chicken house request since we have adopted the new Land Development Code, which includes an extra restriction for residential protection. Clark Henderson stated that he has known the Childers family as well as having been their insurance agent when he was active in the insurance business, and if they run the chicken houses like they run their farm operation, it will be a well run operation; it is an alternative in farming, and he believes that it would be in the county’s best interest to approve the permit. John Pate wanted to know if there were any alternatives to controlling the odor when the humility gets high, and Mrs. Traverage said it is controlled by how you manage the farm, David and Patty have both worked in the chicken industry for several years, they know the principles and procedures behind it. The odor comes from improper ventilation and management, and she is not going to say that chickens do have not odor, but it is controlled through proper ventilation and proper handling of the liter. Mrs. Childers stated that they plan to try to manage the chicken houses in the appropriate way to minimize any contamination or odor and they have a stack of rules and permits that they have to follow, and they have hired an environmental specialist to help them make sure they are in line with all the regulations. Chairman Henry asked for any comments from anyone who opposed the Special Use Permit, there were none, but Ms. Sangster advised that M. L. Hall did call and express his concern with the odor, he had no objection if the odor was addressed. There were no other comments or questions, and Chairman Henry closed the Public Hearing. Motion was made by Mr. Faircloth to approve the Special Use Permit for David and Patty Childers in accordance with the EPD and EPA regulations, seconded by Mr. Nance, motion carried unanimously.


Larry Pope, architect, stated that they have gone through a process of looking for ballfield property that is suitable and affordable. On the proposed piece of property they have gotten civil and geo-technical engineers involved to do a phase I environmental study, a soil boring to see if the soil is buildable with no groundwater problems, and they have commissioned a wetlands specialist to delineate wetlands, plus a surveyor to survey the land. He said that on the soil investigation, groundwater was not encountered at the time of the drilling, as they drilled fifteen holes at twenty feet deep and every hole they checked on this site was very good. He said there is a wetlands area in the middle that they think will turn into a visual element that would be an addition to the development, also, they think they can leave some of the trees on the property to give it a nice look. The Phase I Environmental Study has investigated all the ownership and usage of the land and the study did not indicate past usage or conditions that would likely result in significant environmental concern. They think for the use that we intend for this property, it is acceptable and think it will be an asset, as the site is easy to get to, and they find nothing in an environmental way or constructionally that would stop the Commissioners from purchasing this property. Mr. Pope also showed a drawing of how a new Judicial Annex might look if approved by SPLOST. He stated that in no way is this drawing the actual building that would be there, but it is an overall feel of a 40,000 square foot Judicial Center. Administrator Crapse stated that he had asked Mr. Pope to come up with a drawing so they could have something to present for the upcoming SPLOST presentation.


Denise Fachini, District Attorney, reported that several years ago they were mandated by the State Legislature to provide victim witness services, there is a lot of information that they are required to provide and they do the best they can to notify every victim of their rights in the court system and to let them know when someone who is accused of a crime has gone to court and what the resolution of that case was. That requires personnel and the legislature mandated the service but did not fund it, so they have gotten grants and use some of their fees to pay for this service; it started with one employee, and it has now gone to two. They have now hired another person to help them serve victims of juvenile crimes. She advised that the Prosecuting Attorney’s Council in Atlanta has worked a way for her employees to get state benefits and allow them to go through the state system, it will cost her more of her money, but it is not going to cost the county anything, and she just needs a resolution to allow them to do that. Motion was made by Mr. Faircloth to adopt the Resolution on District Attorney Employee Benefits, seconded by Mr. Nance, motion carried unanimously.


Ed Barfield and Chess Cawthon, county auditors, met with Commissioners to give them a quick report on the audit and to address the situation with regard to the Solid Waste Management Authority and the impact on the county governing authority in not having an unqualified audit based on a certified appraisal of the Solid Waste Management Authority. Mr. Cawthon commended the Commissioners for the outstanding job they have been doing in running the county, and the county remains financially strong overall. He also commended Administrator Crapse, Mrs. Leverett and their staffs and the Elected Officials, as they have always been very helpful in getting them any information they need. He stated that they have issued a qualified opinion, which means there is an exception and it is the same opinion that they have issued in prior years, the exception being that they do not include the financial data of the Solid Waste Management Authority. Because it is a component unit, by law it is required to be included, but because of the uncertainties and the valuation of the facility, the receivables, and payables, it precludes the inclusion of these financial statements. He stated that as of June 30, 2004, the net assets of the county were $32,704,000.00, which represents a $2.8 million increase from the prior year, and every fund had a positive balance except the landfill, which has a deficient of $828,000.00. He advised that one thing they have not done and will have until June, 2007, is reporting of prior infrastructure, which is all the county roads and bridges. Commissioners accepted the audit report. Mr. Barfield reported that, in addition to good business practices, an audit is required by state law, and it is also required that it be submitted to the State Department of Audits and it be reviewed to make sure it has the content of disclosures that are required. This audit meets all the criteria required except for the opinion; and they require that there be a plan of action of overcoming the qualifications. The past seven to eight years we have been granted forbearance in that because they understood the situation with the Solid Waste Management Authority, and as far as he knows that forbearance will continue; but in any bureaucratic situation there is no guarantee that the exception will continue to be allowed, and at any time they can require a plan of action to be included to accept the county’s audit. If the audit is not accepted, any state grants or federal pass through grants could be held up pending the acceptance. The second issue is with the EPD, essentially the landfill has to undergo annual tests of financial assurance, one of those criteria is that they have audits with unqualified opinions, again the EPD has understood the situation with the Solid Waste Management Authority and has granted forbearance, but for the same reasons and criteria, there is no guarantee that will continue. The third issue is should the county want to go out and issue, particularly general obligation bonds, it is how it would be viewed in the financial community with the exception in the audit. He advised that in his opinion and experience, that it is pretty much a wash, in that anybody that is considering buying or placing county bonds would understand the situation once it is explained that the county had no obligation for the Solid Waste Management Authority financial problems. He advised that to cure the problem, the Solid Waste Management Authority needs a valuation on its assets, he doesn’t think it would be difficult to get an appraisal on the building and the physical assets, the difficulty would be the other assets, which is what the money was loaned on in the first place, the contracts that the Solid Waste Management Authority has. He thinks it would be an expensive process and may be in the range of $30,000.00 to $50,000.00 for this as it will take a while to get this data. Mrs. Pheil thinks with the amount of money turning hands at the Authority, that there should be a legal requirement that they be audited and that we know where the funds are. Other Commissioners agrees that there should be some type of accountability of the funds. Mr. Barfield stated that in the Bond Documents for the Solid Waste ManagementAuthority, there is a hierarchy for payment of Authority revenues, in other words, who has a claim on revenues first, the bondholders have a secondary claim to the operations of the Authority; technically, the first claim on any Authority funds would be to pay for the normal costs of operations including an audit. The issue is would FSA agree to that happening, and if they don’t, would Commissioners commit county funds to pay for the appraisals, which is separate from the audit, but it has to precede the audit. He advised that he would draft to FSA requesting the appraisal on behalf of the county and outline the reasons that is important to the county and the citizens. Administrator Crapse recommends that the Board ask Mr. Barfield to put together such a letter that 1) would explain the law with regard to having an unqualified audit, 2) to explain the situation with regard to the claim on the revenues on the Authority, and 3) asking or demanding of FSA on behalf of the Board of Commissioners through the Solid Waste Management Authority that this be done and paid for by the Authority. Mrs. Pheil thinks that as a County Commissioner, they need to put pressure on the Authority to provide whatever documents need to be provided to clean up our audit. Chairman Henry recommended that we move forward, and he entertained a motion that we do utilize Mr. Barfield’s experience and knowledge through whatever correspondence he can provide for us to begin this process. Motion was made by Mr. Nance to allow Mr. Barfield and Administrator Crapse to get together and formulate the necessary correspondence to send to FSA to move forward and start trying to alleviate this problem, seconded by Mr. Harris, motion carried.


Administrator Crapse reported that he has a proposed Resolution for Emergency Management within Crisp County. It is a requirement that we adopt such a resolution for a number of purposes; it allows us to invoke emergency powers, it allows the director of emergency management structure to organize those functions that allows the governing authority and the emergency manager to be able to spend funds that are appropriated by the governing authority for emergency management purposes, and it provide for immunity for the county as a subdivision of the State Government for any action taken as a result of the emergency management. It also allows that we have a claim to federal and state assistance in the event of an emergency, so therefore it is very important that we do this. Motion was made by Mr. Faircloth to approve the Resolution on Emergency Management, seconded by Mr. Nance, motion carried unanimously.


Administrator Crapse reported that the City of Cordele has signed the Intergovernmental Agreement on the 2006 SPLOST and returned it to the county for signature; since the Board approved the Agreement, there has been some typographical errors corrected by mutual consent of the City of Cordele and ourselves. This was prepared by the county attorney, and it does allow for the spec building and the water tower to be paid up front and after that we will pay on a pro-rata basis, with 15.75% going to the City of Cordele and 1.56% going to the Town of Arabi, and he recommends approval of this Agreement. Motion was made by Mr. Harris to approve the Intergovernmental Agreement on 2006 SPLOST, seconded by Mr. Nance, motion carried unanimously.


Administrator Crapse reported that this is the actual resolution whereby the Commissioners impose the 1% Sales and Use Tax as authorized by the official code of Georgia, this is not a new tax but a continuation of the current tax that has been in effect and will not go into effect until the current tax expires on December 31, 2005. Sixty percent of this tax is collected from individuals who live outside of Crisp County, this being the highest percentage in the state, and he recommends approval. Motion was made by Mrs. Pheil, to approve the Resolution Imposing a One Percent SPLOST Renewal, seconded by Mr. Nance, motion carried unanimously.


Administrator Crapse and Carl Gamble, Director of Public Works, met with Commissioners to go over the road agenda to take to the Department of Transportation on February 22nd. Administrator Crapse stated that they will also have a joint meeting with DOT, Town of Arabi, and City of Cordele representatives to present their road needs. He advised that he and Mr. Gamble came up with the 2005 road projects, which include Lakeshore Way, Amboy Road, and Hatley Road, total of 4.13 miles of resurfacing under the LARP program. Projects they would like to ask for help from the DOT in addition to the LARP is: 1) road improvements, which include the CSX Railroad widening, balancing of the tracks, and paving, widening and paving part of Drayton Road from the tracks to Shepard Drive; 2) resurfacing and stripping, which include the old LARP lists that have not been included to date plus ten additional projects of 7.92 miles; and 3) some assistance on some or all of three streets in Arabi, plus commit some of the county’s state aide matching money and additional funding to the Town of Arabi for resurfacing of these streets, .72 mile, that they would like resurfacing, as Arabi did not get any resurfacing in LARP this year or last year. He advised that we probably can anticipate about $200,000.00 worth of funds from DOT, and the above list is about $250,000.00. Motion was made by Mr. Harris to approve the agenda for the Department of Transportation visit, seconded by Mr. Faircloth, motion carried unanimously.


Administrator Crapse reported the draft agenda for the strategic planning retreat at Little Ocmulgee State Park, is from Sunday afternoon to Tuesday at noon, January 30-February 1. This allows the Commission to get away from the daily routine of business and concentrate on the focus of the Board agenda for the new administration, if the Commission so desires. They will begin with an opening session at 3:00 p.m. on Sunday with the Board of Commissioners, will have a working dinner that night, Monday will include a morning session with the Commissioners and into the afternoon, and later in the afternoon they will have a joint session with the City Commissioners of Cordele and Town Council from Arabi, including their attorney’s and managers. They will discuss points of interest to the community at large, and will have a joint dinner buffet. Tuesday morning there will have a closing session with the County Commissioners including the county attorney. He advised that he and Mrs. Leverett will be there also, and their facilitator will be Randall Morris, from UGA Business Outreach Services, whose expertise is in economic development. He then went over the proposed agenda. Chairman Henry encouraged Commissioners to give this agenda some thought and if they have other interests, please advise.


Administrator Crapse reported that since we have ceased operation of the golf course as of January 1st, he has a list of surplus equipment that the Commissioners need to determine the disposition. It is in two categories, first category is golf course specific equipment that is specialized and only useful to someone that is operating a golf course or selling equipment to golf courses. The equipment is nearing four years old, and would have been scheduled for replacement this year, so it is right at the end of it’s useful life. They have contacted several people including the dealer that provided the equipment originally, and he has offered to buy back the equipment at the rate of twenty-five percent of the original price, which would be $24,475.00. He would recommend that the Board accept this offer for the specialized golf equipment from Georgia Turf and Tractor. Motion was made by Mr. Faircloth to take the bid of $24,475.00 from Georgia Turf and Tractor for the specialized golf equipment, seconded by Mr. Nance, motion carried unanimously. Administrator Crapse reported that the second category of equipment is golf carts, they have had difficulty in trying to secure bidders, and the situation is a little different. He advised that the dealer quoted $650.00 for each of the electric carts and $1,000.00 for the gas powered cart; these items are highly sought after by members of the community, and he recommends that the Board reject the offer we have. He advised that we first identify within the local governments where these assets might best be used for purposes in the county, and once we have identified these needs, then we bid out the remainder in a sealed bid process to the community, and let any citizen that wants to, bid on these golf carts. Motion was made by Mr. Harris to take the recommendation of Administrator Crapse to identify the local governments needs and then advertise for bids from the public on the remaining golf carts, seconded by Mr. Nance, motion carried unanimously.


Administrator Crapse reported that it has recently come to his attention that our entities are sending various offerings, usually in the form of flowers, to individuals working for or associated with the county. The thing that concerns him is that it can end up with several items being sent to the same person for the same purpose all paid for by the county. He thinks we need to take a look at this policy for the prospective of the Board and the taxpayers, and he would recommend that that the offerings be made by the Commissioners on behalf of the Board, the staff and employees of Crisp County. Chairman Henry suggested that the Board consider the Finance Committee reviewing this and coming up with some kind of recommendation. By common consent, Commissioners agreed to let the Finance Committee review the bereavement offerings, come up with a recommendation, and bring back to the whole Board.


Finance Director Sherrie Leverett reported that with the change in the Board of Commissioners, she has a new Resolution for the authorized check signers of the county bank accounts. She read the Resolution. Motion was made by Mr. Nance to adopt the Resolution on Authority to Sign Checks, seconded by Mr. Harris, motion carried unanimously.


Mrs. Leverett reported that she has the proposed 2006 Budget Calendar as they are about to embark on the task of putting together the budget for fiscal year 2006, and advised that they have incorporated the operations of the Tax Assessor’s and Tax Commissioner’s Office as well as the finance and administration into one calendar. Administrator Crapse stated that a lot of work has gone into making this calendar, if all goes well, they will not have to be burning the midnight oil, and he recommends adoption of the calendar. Motion was made by Mr. Harris to adopt the 2006 Budget Calendar, seconded by Mr. Nance, motion carried unanimously.


Mrs. Leverett reported that Commissioners have the December, 2004 report, the mid-year report, of FY2005. In the General Fund, revenues are at 61.58%, about 35% over last year this time, expenditures are at 45%; Landfill Fund net loss year-to-date is $416,000.00; Waterworks year-to-date income is about $36,000.00; and cash on hand county-wide is $13,876,000.00. She advised that she has sent all the department heads their mid-year reports, and she will be reviewing these with the individual department heads before the end of the month. She advised that the detailed list of the SPLOST expenditures for December totaled $992,000.00. Administrator Crapse went over how much has been paid on each Revolving Loan Fund Account from this time last year.


Administrator Crapse reported: 1) he attended several receptions and meetings; 2) paving and striping on Ray, Slim & Fann’s Bridge Roads have been completed. Shaping of the shoulders and temporary grassing should begin next week, and the LARP resurfacing projects on Antioch Road & Lakeview Circle should begin this week; 3) work also continues on the New Town Streets contract, the contractor is scheduled to begin installing curb and gutter this week; 4) the contracts for the Old Penia Road resurfacing project have been executed so we can proceed with that whenever weather allows; 5) the Department of Motor Vehicle Safety moved into their temporary facility on the site yesterday, we are still waiting on DOC for a schedule to begin renovations in late January or early February; 6) Sherrie met with EPD in Albany on the Financial Assurance at the Landfill. As anticipated we are able to satisfy their concerns without any major action this time. A letter of violation was issued, but no fine imposed. We need to continue the progress during this year as a top priority and hopefully we can work the landfill out of this situation; 7) there were two new SPLOST expenditures approved this month, both from the Town of Arabi. $9,786.19 for landscaping and irrigation at the Arabi Clinic. $1,811.00 for signs, parking bumpers and window sills at the Arabi Clinic. There is one new project for the Town of Arabi for $30,155.46 for water system improvements at the Southern Lakes Subdivision. Since this is a water system and part of an enterprise fund and the funds were expended in March 2004, I need the Board’s approval. Motion was made by Mr. Faircloth to approve the SPLOST payment of $30,155.46 for water system improvements at the Southern Lakes Subdivision, seconded by Mr. Harris, motion carried unanimously. 8) we received a $500,000.00 EIP Grant award for MBM from DCA; 9) Charles Truluck has signed an option for the County to purchase his water systems in Omar Heights and Meadow Park as part of Northside Water & Sewer project at the appraised price, pending award of the 2005 CDBG; 10) the water main relocation project at the Old 280 Bridge was awarded to the low bidder, is now underway; the system cut over should take place between 10:00 a.m. and 2:00 p.m. on Thursday, January 12th. A notice was on the front page newspaper this morning; 11) groundwater and methane monitoring contract at the Landfill was also awarded to the low bidder and that monitoring is now in progress; 12) we were notified that the new Senator is sitting with the Cordele-Crisp County delegation at the Georgia Chamber’s Eggs & Issues Breakfast today. Also on your table is a copy of the e-mail that I sent to Senator Carter & Representative Floyd as a result of our earlier meeting with Senator Carter. Senator Carter has responded that he has “calendared” the events for him to attend; 13) we have two actions coming up with regard to “Love Stuff”; first is the petition for contempt before Judge Pridgen on January 24th, and second is the oral argument on their appeal before the Georgia Supreme Court at 2:00 p.m. on February 21st in Atlanta; 14) I was informed by Judge Pridgen that the Governor’s Office notified them of Judge Forrester’s Senior Judge Appointment; 15) we received a “Thank You” card from the family of Nellie Florene Oliver for our expression of sympathy; and 16) there are lots of upcoming events on your calendars, so don’t forget to check them out.


Antoine Yowe asked Commissioners why the golf course the county owns is closed, and Administrator Crapse reported that the golf course operation was phased out basically because of the cost of operation; the cost of operating the golf course was greater than $100,000.00 a year, and our revenues were around $40,000.00. In addition to that we were spending about $250,000.00 of SPLOST money on infrastructure and equipment, and we would have had to buy around $100,000.00 worth of equipment this year just to continue. Also, because of the number of citizens being served and the mission of the Recreation Department to provide recreation for all the citizens of Crisp County, the large number of people that participate are the youth, and we have two other public golf courses open in Crisp County. Mr. Yowe also asked what action did they have to expand activities in the Recreation Department, and Administrator Crapse reported that they are working on the request for proposals for redoing the basketball courts at about four facilities, bids will be going out to build practice fields, they are looking at providing three new sets of playground equipment and upgrading what they have now, and they are going to expand to soccer and baseball under the Recreation Department the same way that they do football and cheerleading now.


Motion was made by Mr. Nance to go into Executive Session to discuss personnel, real estate, and potential litigation, seconded by Mr. Harris, motion carried unanimously.


Motion was made by Mr. Harris to come out of Executive Session, seconded by Mr. Nance, motion carried unanimously.


Motion was made by Mr. Harris to deny the request of Frankie Johnson to make payment of his cracked windshield due to sovereign immunity, seconded by Mr. Faircloth, motion carried unanimously.


Motion was made by Mr. Nance to adjourn the meeting at 1:19 p.m., seconded by Mr. Harris, motion carried unanimously.

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  © 2002 Crisp County Board of Commissioners