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The meeting was called to order at 9:00 a.m. by Chairman Ferrell Henry, with Commissioners James D. Harris, A. James Nance, Brad Faircloth, and William Culpepper in attendance. Others present were County Administrator Lester E. Crapse, Jr., County Attorney David Forehand, Finance Director Sherrie Leverett, and Secretary Linda Finch. Rev. W. James Hill, pastor of Zion Hill Baptist Church in Leslie, gave the Invocation, and Administrator Crapse led the everyone in the Pledge of Allegiance to the Flag of the United States of America.


Motion was made by Mr. Faircloth to approve the minutes of the meeting of October 9, 2007, seconded by Mr. Nance, motion carried unanimously.


Connie Sangster, Planning Director, reported that we had the Public Hearing last month on GBT Management, Inc. to rezone property from RM (Multi Family Residential) to HC (Heavy Commercial) for the purpose of general business office space and mini warehouses and other related purposes for that zone district. Property is located east of 1212 East 13th Avenue, and the decision can be made today. Commissioners had all reviewed the review checklist for the rezoning request. Motion was made by Mr. Faircloth to approve the rezoning request for GBT Management, Inc. from RM to HC in this zone district, seconded by Mr. Nance, motion carried unanimously.


Wayne Martin, Administrator of Crisp Regional Hospital, Charlotte Vestal, Chief Financial Officer for the hospital, and Craig Cotton, Hospital AuthorityŐs Attorney, met with Commissioners to discuss the Crisp Regional Hospital Bond Agreement for an additional eight-bed ICU unit. Administrator Crapse reported that this is a pretty big day for Crisp County and Crisp Regional Hospital Authority; there has been a lot of hard work put into this effort by our attorneys, Commissioners, AdministratorŐs, and all that have been involved in this project. He advised that we have reached an agreement that serves both the needs of the Hospital Authority and satisfies the fiscal concerns of the Board of Commissioners, and with the BoardŐs approval of this agreement, the bonds than can be executed. The groundbreaking of this new addition is scheduled for November 20th, and he recommends that the Board approve the Agreement and authorize the Chairman to sign. He advised that this Contract will be for the Certificate of Need that is for the 16 bed ICU; the lien of the countyŐs taxes are limited to that project, which satisfies the countyŐs need as not having an open ended agreement that could be expanded. It provides for the care of indigent patients residing in Crisp County, it provides that the county will pay for the bond indebtedness in the event that the Hospital Authority is unable to do so, but it also provides that the Hospital Authority will budget for this expense every year, and the hospital books will be open to the county upon request. Both attorneyŐs have also put together a Resolution for the Board of Commissioners that authorizes the execution of this Contract; because it is such a significant event, the attorneyŐs thought we needed a formal Resolution to activate this instead of just noting it in the minutes of the meeting. The Resolution parallelŐs the Agreement. Motion was made by Mr. Harris to approve the Intergovernmental Contract for the Hospital Authority and also approve the Resolution of the Board of Commissioners and authorizes the Chairman to sign the necessary paperwork, seconded by Mr. Nance, motion carried unanimously. Mr. Martin, on behalf of the Hospital Authority and their governing board, stated that they certainly appreciate the support from the Commissioners, it is a great day for us all, and also the support they have had over the years. Chairman Henry thanked both attorneyŐs for the extremely hard work along with Mr. Martin and Administrator Crapse. All Commissioners agreed with the Chairman and thanked all involved for their hard work. Mr. Martin also advised that the hard work that has been done will save the Hospital Authority $118,000 a year without taking any money away from the county, so that is the fruits of the work that we have all put into it.


Don tenBensel, Executive Director of Middle Flint Regional Development Commission, reported that the Governor appointed a group called The Commission On A New Georgia, they were divided into study groups, and one group was called the Task Force on Service Delivery. They were to look at how some people felt on how the RDCŐs could perform, and be funded. He advised that right now the state is providing the RDCŐs a total of $1.8 million a year, and that enables them to do things along with the dues and grants they get, and what they are proposing, even though they said they could not afford to increase the $1.8 million, is to spend $9 million a year for Regional Commissions in the state. That is the carrot, and in order to qualify that, they are going to redistrict the state; they started out with several assumptions, 1) you had to have 300,000 people in a regional commission, and 2) you had to have a metropolitan statistical area in each region. That was based on the assumption that those are the economic generators that you can argue. He doesnŐt think that they can prove that the jobs created in Crisp County are necessarily the result of activities that take place in Albany, Macon or Warner Robins. He advised that they were not willing to look at forty to fifty years of inter county co-operation that exists in these existing districts, and he believes that there is value in continuing with established friendly relations. The district map that they have provided combines the lower Chattahoochee RDC in Columbus with the Middle Flint RDC except Dooly and Crisp County, and they will be assigned to another regional RDC, and right now, he doesnŐt know which region. He thinks this will transfer additional power to the state and the large cities. He advised that if we can keep our eight counties together, we will have the more likelihood of a sub office in Americus. Administrator Crapse thinks that if we are put in another region, where we will have to compete with Albany or Macon, it will be a drain on our ability to attract dollars, it will be a drain on our ability to compete on an economic development point of view, as we are now in a region where most of the counties are the same. Motion was made by Mr. Faircloth to authorize Administrator Crapse to do whatever means is possible to voice our displeasure and options as far as making sure our county is best placed in a position that we can best function, and hopefully we can keep our eight counties together, seconded by Mr. Culpepper, motion carried unanimously.


Administrator Crapse and John Crow discussed the contract for the new Judicial Center. Administrator Crapse reported that this construction is another big event for our county today. As anticipated, the programming took a little bit longer than they though it was going to take because we had our plan the way we wanted to do it, and it didnŐt necessarily fit into their plan, but, as we all agree, we only had one shot at this and we didnŐt need to do it too fast. He went over the part that lays out the different areas and spaces in the new facility, how many there are, what the square footage of that space is, and then the total square footage of that type space, along with desirable things of other facilities and general comments. Most all of the requests were met, except a couple of spaces for the District Attorney; she wanted a separate conference room and planning room and they were not able to accommodate that, and we were not able to accommodate two separate waiting rooms plus a third child area, but she does have two separate waiting rooms to keep opposing parties apart, and if that is not necessary, she could use that room for children. Total square footage of the new building is 25,749 square feet, and adding the sally port and the department and building grossing factor, it will be right at 35,000 square feet. He then went over the building costs, bottom line cost is $6.5 million with a cumulative design build at cost of 21.75%, which includes the 10.75% for the general items plus the 5.25% builders fee and 8.45% architectural fee, which brings the total cost to $9 million that is associated with the building itself. Also, he went over the things that will be ours to do, which include electrical, security aspects, audio visual, and the fixtures, furniture and equipment. He advised that we will be using most of the furniture we have right now, along with a contingency of 5%, makes the total about $10.5 million, but 20% of that is in contingency, which we may or may not need. He then went over the project schedule associated with this project, todayŐs date of November 14th is to approve the program, and that is what we will be asking Commissioners to do today. The next crucial phase will be when we get to the 75% review of the GNP Documents, and at this time, is when we will get our final gross maximum price for the project. After that, when we go to final and sub contractors, even if the bids come in greater than that, it is absorbed by the design builder, and once you get that price, you can only go down. This will probably be in April or May of next year. Mr. Crow advised that at the 75% review is the last opportunity to make changes where it doesnŐt really cost you a lot of money; once you go beyond the 75%, you are paying for changes that are made at a pretty handy price. Administrator Crapse stated that construction should begin on May 2, 2008, with completion sometime in early 2009. In talking with the design/builder in trying to get the best advantage that we can, they have agreed to a 10 % retainage on the work, we wonŐt have any retainage on those general requirements as that is money that goes out day to day to pay their operating expenses. We have also agreed that at the point that the building is 50% completed, the retainage will go down to 5%, and the reason is they expect to get better prices from the subs, so they wonŐt have to wait as long to get their retainage back sooner. Attorney Forehand advised that he has gone over the contract, and he has looked at some of the legal consequences to the county, what happens if this deal goes bad; there were five areas that he has identified, none of which will be deal killers, but just wanted to make Commissioners aware: 1) If one party or the other breaches a contract, this may give rise to a claim, and this contract states that the county would waive the right to go out and sue for damages, instead you are agreeing that there would be liquated damages if the contract was not finished by a certain date. There are ways you can go in during the process and monitor the work and provisions built in where you can make corrections. 2) If there were a dispute, you are obligating yourself to alternative dispute resolution, you donŐt go to court and you will have mediation and arbitration process to resolve disputes. 3) In the event of dispute, there are provisions that call for very prompt notice given, within twenty-one days in writing, and there are some consequences attached to not doing that. 4) There is a one-year warranty on the work that is done, hopefully we will know if there are problems within the year. 5) There is an issue of identification and insurance, there are provisions in the contract for the design/builder to have builders risk insurance, and that the county has property insurance, and the key thing is that they are required to insure against claims of people that go on the property and get hurt. Administrator Crapse stated that they have made it clean that they do not want to move in the building before the work is complete, he understands Mr. ForehandŐs concern about the mediation process, but this is standard language and it will probably increase the cost to us at this point, if the Board wanted to go to litigation. He has been pretty comfortable with the design/build team and he doesnŐt anticipate any problems, the warranty is standard, and they do have insurance for errors and omissions and their insurance also includes terrorism, vandalism, and glass breakage. They also do carry the builders risk insurance, and the cost of that is included in the 10.55%. Chairman Henry advised that the Commissioners always want Mr. Forehand to recommend whatever he thinks we need to be aware of, and we depend on Mr. Crapse to keep us out of trouble, with both having jobs of responsibilities. Mr. Forehand advised that he is not recommending that they go back and re-negotiate, he just wanted to highlight the consequences that could ensue. Motion was made by Mr. Faircloth to approve the program which includes which departments are going to be in the building and their space, and approve the contract, seconded by Mr. Harris, motion carried unanimously.


Administrator Crapse reported that they advertised in the paper the 2007 road projects; they gave out four packages, but when the bids came in, they only had one bid from Reeves Construction. We didnŐt really have anything to compare to except what Mr. Gamble did when they were trying to develop what they thought would be the cost of these roads. The one bid was for $788,964, and when we looked at what Mr. Gamble had estimated the work to be, it was $875,550, so the bid we did get came in $86,586 less than what we were afraid it might cost. For Ball Park Drive, the cost was $99,670, and all parking lots and the maintenance drive came in at $319,745. With the money we get from DOT for this project, which is around $42,000, and the $400,000 that we had designated in the previous SPLOST over-run, we will accomplish this project for about $20,000 less than we had figured. He advised that also included in the bid was $167,050 for Hatley/Sidney Wells, and $202,499 for Drayton Road. Motion was made by Mr. Culpepper to approve the bid from Reeves Construction of $788,964 for the 2007 Road Projects, seconded by Mr. Faircloth, motion carried unanimously.


Administrator Crapse reported that Commissioner Chuck Lingle from Dougherty County wrote a letter to the Chairman requesting that we pass this Resolution Supporting Prescribed Burning in Crisp County. He has checked with the Forestry Department, and they support this for many reasons such as wild fire control, game management, ecological benefits, and economic development. He also discussed it with the Fire Chief, and he doesnŐt have any problem with it. He advised that he thinks, in an agricultural area like ours, prescribed burning is very important to our farmers, and recommends supporting this request. Motion was made by Mr. Faircloth to approve the Resolution Supporting Prescribed Burning in Crisp County, seconded by Mr. Harris, motion carried unanimously. Mr. Culpepper, as a farmer, agrees with the prescribed burning as cleans up a lot of woods, and if they would have had this in south Georgia this summer, it might not have taken so long to get under control.


Administrator Crapse reported that the City of Cordele has requested that the County grant them an additional ten feet easement along the existing easement that runs along the northern boundary of the ball complex. This existing easement would allow the City to run water and sewer lines along the same path; the new EPD regulations require that those two be separated by ten feet, and in order to meet that separation, they need an additional ten feet of easement on the same route. He recommends that the Board grant the City that additional ten feet. Motion was made by Mr. Culpepper to grant the City of Cordele an additional ten feet easement along the existing easement that runs along the northern boundary of the ball complex, seconded by Mr. Faircloth, motion carried unanimously.


Administrator Crapse reported that the current transit system has been growing very rapidly since RMS took over, and they recently informed him that they had to turn down five trips in one day because they didnŐt have enough transportation to handle all the people that wanted to ride. They have asked if the Board was willing to expand to five vehicles, instead of the three we currently have. Mr. Pinson, owner of RMS, has offered to pay the countyŐs match on the new vehicles and buy two vans as opposed to the mini buses that we have now. On these vehicles, the federal government pays 90%, the state pays 5%, and the county pays 5%, and the 5% that the county will have to pay is what Mr. Pinson is offering to pay for us in order to get these other two vehicles. He stated that there will be no capital cost to the county, but we will have the expense of insurance on the vehicles, but the program is really growing and doing very well. We do have one more new van coming, and he has asked that we be able to retain that old van until we are able to expand the system. Motion was made by Mr. Faircloth to approve, when it becomes available, the purchase of two more vans for the CART expansion, RMS will make the match, so that we can continue to expand our services to the citizens in the county, seconded by Mr. Culpepper, motion carried unanimously.


Motion was made by Mr. Harris to approve one weekŐs pay for all full-time county employees, with employment date by October 1, 2007, to be given out on Wednesday before Thanksgiving, seconded by Mr. Culpepper, motion carried unanimously.


Administrator Crapse reported that we have requests from four tax refunds, and all of these were as a result of legitimate errors. The first request was from Alton and Nina Davis and was due to incorrect data of the size of a house, the second request was from Bruce Harris and was a homestead exemption that mysteriously disappeared off the books, the third request was from Michael Wade and had to do with a garage being counted twice, and the fourth request was from the Lions Club was due to error in acreage that the Lions Club owns. He advised that all of these have been referred to the Tax AssessorŐs Office, they all have been reviewed by them, and they have all been recommended for approval by the Assessors. With regard to the last three, they have not paid their 2007 taxes yet, and he recommends that those three be in the form of a credit. With regards to the DavisŐ, they have already paid their 2007 taxes, and in that case, he would recommend a refund. Motion was made by Mr. Culpepper to accept the recommendation of the County Administrator in regards to the tax refund and credits, seconded by Mr. Faircloth, motion carried unanimously.


Administrator Crapse reported that in their packets they have a letter from Mr. James Farrow from Harris Waste Management Group requesting that the storage fee that we had assessed on the bailer ever since it was sold 1.5 years ago, be significantly reduced or eliminate the cost altogether. Behind that letter, Administrator Crapse has written a memorandum, which basically gives a history of that particular action. He advised that when Mr. Farrow called him, he made him an offer of as far as he thought he could go as an Administrator without the BoardŐs approval, and that was to reduce the amount over 25%, which would result to about $12,000 worth of savings at $35,200 for storage fees and an additional thirty days to get the bailer moved without additional cost. Several months ago this came up, and at that time he made the offer to reduce the price by about 20% and provide additional thirty days without cost to remove the bailer, that offer was made to two individuals at Harris, and they failed to respond to that offer. Mr. Farrow informed him that the original purchaser of the bailer told them that he had paid $140,000 for the bailer, and that is what they paid him. Mr. Crapse advised Commissioners that he actually only paid $100,001, and at the same time Harris could have bought it for $100,002, and it appears to him that the people at Harris had ample opportunity to purchase the bailer for $100,002, they had amble opportunity to take advantage to take a 20% discount and they did not respond, and now they are trying to make up for making a bad business deal by putting it to the taxpayers of the county. He would recommend the Board confirm that offer of $35,200, reducing the cost by over 25%, and giving Harris an additional thirty days to remove the bailer. He stated that when Harris bought the bailer, they knew that there was at least $35,000 in storage charges on the bailer. Motion was made by Mr. Faircloth to forgive the debt of $47,200 to Harris Waste Management and give them thirty days to move the bailer, and if not moved in thirty day, it will be brought back to the Commissioners, seconded by Mr. Nance, motion carried unanimously. Mr. Faircloth advised that the reason he agrees with this is that it is very seldom that we have the opportunity to help a local business that has been here for many years.. Other Commissioners agreed with this, as they have been a good business in Crisp County and they do employee a good number of our people. Attorney Forehand advised that the storage fees are actually the original purchaserŐs responsibility.


Administrator Crapse reported that we have had one individual who has responded to our request to be on the Crisp County Animal Control Board, Carole Parry, who is a resident and has a business in Crisp County; as she started the Gourmet Doggie Treats online business. He recommends the Board appoint her to fill one of the two spaces we have available on the Board, and we will continue to look for someone else to fill the other seat. Motion was made by Mr. Harris to appoint Carole Parry to a two year term on the Crisp County Animal Control Board from 10/1/07 thru 9/30/09, seconded by Mr. Culpepper, motion carried unanimously.


Mrs. Leverett reported that we need to redo both the Resolution and Amendment to the Defined Benefit Plan because Association County Commissioners of Georgia failed to include the cost in their original Resolution they sent, which has to be included in the Resolution. In going over the Resolution, she advised that the only change between this and the one they passed last month is the insertion ŇBased on the January 1, 2007, actuarial valuation, the estimated increase in plan cost associated with this plan enhancement is $153,000Ó. This verbiage has to be in the Resolution, and the Amendment is exactly the same, but we have to adopt a new one because the signature dates on the Resolution and Amendment have to coincide. Motion was made by Mr. Harris to adopt the Revised Resolution and Amendment to the Defined Benefit Plan adding the cost in the Resolution, and giving the Chairman the authority to sign the Amendment, seconded by Mr. Culpepper, motion carried unanimously.


Mrs. Leverett reported that we need to adopt a Resolution to adjust the FY-07 annual budget, as requested and approved by the auditors. She read the Resolution of the estimated revenues and expenditures of the departments to be adjusted from $22,152,955 to $22,523,933. Motion was made by Mr. Harris to approve the FY-07 budget adjustments from $22,152,955 to $22,523,933 and giving the Chairman the authority to sign the Resolution, seconded by Mr. Faircloth, motion carried unanimously. Mrs. Leverett advised that in our original FY-07 Budget, we planned to draw from surplus $161,738, as we had to do that to balance the FY-07 Budget; but after all the adjustments are in, instead of drawing from the surplus, we are actually going to add $1,316,464 to the surplus. Also, on the expenditure side, the original budget for the Landfill was $429,516, and final budget for the Landfill is zero for FY-07. That is because the Landfill was in the black at the end of the year, and that is a big part of the surplus.


Administrator Crapse reported that we received the proposals on the improvements at the Health Department and the SheriffŐs Department; they we be here this Friday for an interview and bring a sealed envelop with the price. Once we have that, we will know where we stand; both of the companies that bid have been determined to be qualified. They know they have a $900,000 budget, and we will probably need to have a called meeting to address these proposals. By common consent, Commissioners approved a called meeting to be held on Tuesday, November 27th at 10:00 a.m.


Administrator Crapse reported that he received a letter from Governor Sonny Perdue asking for all those who could not attend the Prayer Service at the Capital today, to join in a similar service, and take a moment by yourself to pray for rain on today. Administrator Crapse asked Mr. Faircloth to say a short prayer for rain for our state and county, and he agreed.


Mrs. Leverett reported that todayŐs report includes the revenues and expenditures by fund for the four- month period ending October 31, 2007. The General Fund revenues for the month of October totaled $1,181,152, while year-to-date reached $2,696,743. Monthly expenditures were $792,155, year-to-date expenditures of $3,562,197. YTD expenditures continue to exceed YTD revenues by a total of $865,455 for the four-month period. This is normal for this time of year. Our level of cash reserves is sufficient to support daily operations until we see the effects of 2007 property tax collections. Landfill revenue for the month totaled $171,806, YTD $515,351. Expenditures for the month were $117,758, YTD $467,440. Revenues are back on top of expenditures, leaving the Landfill Fund with a year-to-date net gain of $47,911. As a result of an increase in waste being delivered from the SWMA and Norboard, the total tonnage received for the month of October of 6178.98 is considerably higher than usual. 31% of this monthŐ tonnage was delivered on the Onyx commercial contract and 9% being delivered under the City of Cordele free residential contract. The principal balance on the GEFA Loans is current at $3,850,283. The Water Fund recorded monthly revenues of $34,239 and YTD revenues of $148,664. October expenditures totaled $33,227, YTD $126,050 leaving it with a net income for the four-month period of $22,613. Water usage for the month was 6,264,000 gallons, which is down about 100,000 gallons from October of 2006 and can most likely be attributed to the state wide watering band. The USDA Bonds are current at $1,750,485. Cash on hand in the General Fund is $4,800,396, the Landfill Fund at $2,964,181, the Revolving Loan Fund at $153,261, the SPLOST Funds at $6,071,607, and the Water Fund ended the month with $1,075,640, giving us a county wide total of $15,065,085. Of that $15 million county-wide total, $165,338 is reserved for debt service requirements, $54,374 for customer deposits and $6 million for capital projects. In the budget to actual report, for the 2000 SPLOST Issue, we have spent $14.8 million of the $17.6 million collected, leaving us with $2,818,347 to complete the various City and County projects associated with this issue. In the 2005 SPLOST Issue, we have total collections of $7,680,332 and total expenditures for projects associated with this issue of $4,651,513. Our average after twenty months is $384,016. OctoberŐs distribution was higher than average at $401,084. In the monthly detail listing of all the SPLOST Fund expenditures, total disbursements for the month of October were $266,669, with the largest amounts going to the City of Cordele; $133,719; BBSB Complex at $94,186; County Bridges Project at $24,905; the Town of Arabi at $13,597; and the Airport T-Hanger project at $3.150. In the CDBG Revolving Loan Fund monthly report, which includes the balance and status of all our CDBG Revolving Loan Fund Accounts, we have ten outstanding loans with a total balance due at 10/31/07 of $2,205,396. Of those ten, six are current with loan payments, two are slightly delinquent and two have been turned over to legal. The last report included is the revenues by fund and expenditures by department report for the period of July through October 2007. The summary report shows the expended percentage of appropriations for each individual department and the total for each fund. As of October 31st, all departments and divisions should be within 33% of their annual allowances. Overall, our three major funds ended the month as follows: General Fund at 26%, Water Fund at 22%, and Landfill Fund at 31%.


Administrator Crapse reported that 1) he attended several meetings and events this month; 2) there was one new SPLOST expenditure approved this month, and that was the Skate Park concrete pad. There was no local bidder and Regency Pools of Fitzgerald was the low bidder at $25,200 for the 100Ő X 90Ő slab; 3) the $5,000 donation that the Board approved in the Budget to the South Georgia Technical College Foundation was made this month; 4) he authorized the payment of the Recommended Contribution to the Defined Benefit Plan, this was >1% over Budget at $563,007; 5) we assisted the SWMA in obtaining the closure certificate for the MRF. A total of 2170 Tons was removed from the site to date. We will have a little more after the stock material is moved and we can get to it; 6) the paperwork to transfer the Northside Water System to the City of Cordele has been forwarded to the City Manager; 7) the Winter Session of the ACCG Commissioners Training Program is on Friday, January 11th at the UGA Tifton Campus; 8) the Board received a Thank You note from the Chamber for your support of the 15th Annual Public Safety Appreciation Dinner, and the Official City of Cordele Christmas Ornament with a depiction of the Power Dam is now on sale at the Chamber for $17 each; 9) the Annual Employees Appreciation Dinner is on Thursday, November 29, 2007 at the Recreation Center at 6:30 p.m. and the County Christmas Tree lighting is on Tuesday, December 4, 2007 at 6:00 p.m.; 10) the Georgia Chamber Eggs & Issues Breakfast will be in Atlanta on January 15, 2008, the third Tuesday instead of the second Tuesday that always conflicts with the Commissioners Meeting. The group will be going up on Monday afternoon and returning after the breakfast. I need to know who would like to attend so that Monica can book the hotel rooms. This may be the last opportunity for a while if they go back to the second Tuesday; 11) we also need to know who will be going to the Legislative Fish fry and Annual Meeting with the GDOT Commissioner so the rooms can be booked; and 12) the Community of Character Word for the Month of November is HELPFULNESS. To be useful in helping others.


Motion was made by Mr. Culpepper to go into Executive Session to discuss potential litigation, seconded by Mr. Faircloth, motion carried unanimously.


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


Motion was made by Mr. Culpepper to adjourn the meeting at 12:50 p.m., seconded by Mr. Harris, motion carried unanimously.

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