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REGULAR BOARD OF COMMISSIONERS MONTHLY MEETING AGENDA
Wednesday, May 9, 2012 – 9:00 a.m.
Courthouse Annex, 79 Jackson Street, Zebulon, Georgia

1. CALL TO ORDER ..................................................................................... Chairman Doug Mangham

2. PLEDGE OF ALLEGIANCE .................................................................... Chairman Doug Mangham

3. APPROVAL OF THE AGENDA - (O.C.G A. 50-14-1 (e) (1))

[Note from the Editor: I was not in attendance at this meeting but am working from a recording of this meeting. If you have any thoughts on this meeting and would like to send them to me for the Letters to the Editor page, please email them at editor@pikecountytimes.com.] There were a lot of amendments to this meeting. County Clerk Watson advised commissioners why there were so many amendments. The new Open Records Law just signed by the Governor mandates that agendas must be completed one week prior to a meeting so all changes after the initial posting of the agenda must be added to the agenda as an amendment and approved that the meeting. Each of the items that were added to today's amended agenda were time sensitive and could not wait until the May 29 meeting. Commissioner Bass suggested making copies of the possible amendments and getting them to the public along with the standard agenda. Motion to approve amended agenda.

4. APPROVAL OF THE MINUTES - (O.C.G.A.§ 50-14-1(e) (2))

a. Minutes from the following: Regular Monthly Meeting of April 24, 2012.

5. INVITED GUESTS

a. County Clerk desires to make a presentation to the Board.

County Clerk Watson recently attended ACCG training along with several others in Savannah. Chairman Doug Mangham was presented with a certificate of completion for the Certified Commissioners Advanced Program. Commissioner Carol Bass was presented with the certificate which shows that she is now a certified county commissioner. Commissioner Tamra Jarrett has also completed her certification as she will receive her certificate after the next ACCG conference.

6. REPORTS FROM COMMISSIONS, DEPARTMENTS, COMMITTEES, AUTHORITIES

a. Monthly Reports submitted from County Departments and County Authorities, including a Revenue/Expenditure Statement for all departments, and a summary check register.

Brief presentations will be heard from the following: Kevin Teate, David Allen, Jimmy Totten, Mike Grant and Todd Goolsby.

Pike County Parks & Recreation Authority Director Kevin Teate gave a brief update. Spring sports are wrapping up. Summer program schedules are set. Movies in the Park will be on June 29, July 27, and August 24. They are excited to be able to bring this to the community again. It has been discovered that some of the light poles at the park have woodpecker damage and will call at least $5,000 to take care of.

Public Works Director David Allen gave a brief update. He said that the Courthouse is continuing as scheduled. We are continuing to average one to two new homes in Pike County per month which is not as good as 4 or 5 years ago but it is improving somewhat. Impact fees for homes and commercial property is up 25% since this time last year. We continue to share the load with customer service in the department since Brenda Shaw's departure.

EMA Director Jimmy Totten gave a brief update. The next COAD meeting is May 24th. Click here for details. The state COAD director will be there. Mid Georgia is working with them and will be announcing upcoming first aid classes for citizens to attend. They are working with FEMA to obtain citizen training. The Red Cross will be working with them to bring training for those who want to run shelters in a time of emergency.

Pike County Emergency Services Fire Chief Mike Grant gave a brief update. He advised that eleven personnel went to a training course on extrication from airplanes and learned how to cut the newer metals. Click here for more.

He said that they spent Friday through Sunday at this training and then went to a wreck on Monday morning where they used their training from the weekend. They have done various public education events over the past few weeks. There were some bad fires but the rain has come in and so has the burn ban so it ought to lessen the number of fires in Pike County.

Public Works Director Todd Goolsby gave a brief update. Completed 27 work orders on roads during the month of April, 36 vehicles came through the shop, EMA's command mobile unit is in the shop, and received a letter from DOT notifying that Strickland and Cook Roads made the resurfacing list. They are working to get these two roads ready for resurfacing as well as doing patching on Dripping Rock Road. They worked on the driveway at Chestnut Oak for the Ag Authority. One logging permit and one driveway permit have been issued. He said that there were trees down from the storm overnight in the Molena and Concord areas and they have been working since 6 am this morning. Commissioner Bass asked about Tanyard Road and he advised that it will be ongoing patching there.

Motion to move Ben Carter's update on the Courthouse up to this part of the meeting. Approved 5.0. Ben Carter provided an update from the project manager to the commissioners. The project is on schedule with no changeovers or additional costs at this time. Someone asked about the painting frames on the outer doors in the Town Hall Portion of the meeting. Joy Walker said that it looked liket they were painted without being scraped. Mr. Carter advised that he would check that today to be sure that they were scraped and primed like they were supposed to be. Commissioner Bass asked about the need for a designated project manager now that CM Bill Sawyer is gone. CM Bill Sawyer was the prior project manager for the purpose of communicating information back to the Board of Communications from the architect and the contractor as well as receiving proposals and bringing those back to the board, and for receiving pay requests from the general contractor. Commissioner Collins suggested that County Clerk Teresa Watson would be a good person to have relay communications to the Board if needed. Chairman Doug Mangham asked Public Works Director David Allen if he was coming up to the Courthouse and doing the inspection on it. He said that he was up there daily as well as Kevin from his office. They are documenting the process weekly and have all the specs and plans for the Courthouse in their office. He said he didn't mind being the point of contact if that is what commissioners want. It was noted that no decisions will be made without coming back before the commissioners for approval. Motion to appoint David Allen for inspections and as a point of contact for the contractor and Teresa Watson for administration for the Courthouse project. Approved 5-0.

b. County Manager Report
• Update on County finances for the following funds/accounts:
General Fund ............................................................................................. $ 809,630.03
Jury Account ............................................................................................................. 0.00
Cash Reserve Account ................................................................................ 1,100,839.24
Jail Fund ....................................................................................................... 32,212.52
E-911 Fund .................................................................................................... 141,027.72
DATE Fund ..................................................................................................... 13,194.74
Juvenile Court Fund ......................................................................................... 27,206.08
Residential Impact Fees ................................................................................. 289,039.65
Commercial Impact Fees ................................................................................. 16,516.07
General Obligation SPLOST Tax Bond Sinking Fund, 2011 ..................... 2,755,240.00

Update 5.22.12:

c. County Manager Comments

In the absence of the county manager, County Clerk Watson read the totals above.

- Passage of HB 1091, an Act providing for homestead exemption from Pike County School District ad valorem taxation for certain residents.

The county received notification of the passage of HB to 91. This will provide an a homestead exemption from Pike County School taxes for qualifying residents.

- Courthouse update.

This was moved prior to the County Manager report above.

There is a public hearing on the budget today at 1:00 PM. The commission then recognized the Pike County Sheriff's Office for being recognized as the Griffin Judicial Circuit Law Enforcement Agency of the Year. She read the following in the meeting: District Attorney Scott Ballard noted during the presentation, "That in this year of transition the Sheriff's Office has performed with excellence to serve a growing population yet the crime rate here is low. The agency exceeded all expectations with limited or reduced resources and admirably provided court security even with several high profile cases. It has been instrumental in reassigning space for the temporary courthouse relocation and assisting in the courthouse renovation project as needed. They have mastered the art of serving and protecting in a way that is tailored to the particular needs of the citizens." Click Here to read about it. It was also on the front page of the Pike Journal Reporter. The Sheriff present in the meeting and received a round of applause from those in attendance. He he said, "This is one of those things were community involvement has helped so much." Thanked the Board of Commissioners for working with the department over the past two years during these economic times because they helped make these things happen. He also praised those working in the Sheriff's Office, saying, "The folks that work there... you'll never know how much time they give that they don't get paid for... They do it over and beyond because they love the department, they love the county, and they see where we're going."

Sergeant Allen Goldston and Deputy Chuck Hutto were also recognized as "true" heroes in this meeting. They received a medical call on Hwy 19 south in reference to an unresponsive person and administered CPR for 5 to 7 minutes until medical units arrived. This person was taken to the hospital and is expected to make full recovery thanks to these deputies. These great success stories are rare and Pike County would like to show its appreciation, she said. Click Here to read about it.

County Clerk Watson said that the county administers an estimated $9,000,000 budget and a great deal of the county pays from this budget goes across Martha's desk. So she is an integral part of our family here, Teresa said. She's retiring on Friday and the county is honoring her with a going away party. "We thank her for a great job."

d. Commissioner Reports

District 1 - Commissioner Carol Bass thanked the office staff, citizens, and employees for efforts that floor since the county manager's departure last Thursday. "Know that we're behind you and what y'all do," she said.

District 2 - Commissioner Tamra Jarrett echoed the sentiments of Commissioner Bass and said she appreciated the work is that the staff is doing.

District 3 - Tommy Powers said that the county was able to put new lights at highways 109 and 19 east to make it easier to see at night and he was proud of that work.

District 4 - Commissioner Don Collins had no comments on items on the agenda.

Chairman Doug Mangham said that he had no comment.

e. County Attorney Report to Commissioner

Mr. Morton gave a reminder and made it a matter of public record that, as the county is in the process of hiring a new county manager, that the county has a policy that we are equal opportunity and nondiscrimination employer. The policy states that all applicants and employees can be assured of fair and equitable treatment in all aspects of personnel administration including training, promotions, and disciplinary action without regard to political affiliation, race, gender, religious creed, etc. and with proper regard for their privacy and constitutional rights as citizens.

7. UNFINISHED BUSINESS

a. Appointment to the Board of Assessors to fill a four-year term, set to expire April 14, 2016. Postponed from the April 24, 2012 meeting to allow for an extended period of readvertisement for the vacancy.

There were two applicants for this position. Both have completed the requirements for this position. Motion to appoint Leslie R. Ratliff to this position. Approved 5-0.

b. Approval/denial, on second reading, of amendments to Chapter 157, Development Impact Fee Ordinance, Sections 157.01 through 157.14 to the Pike County Code of Ordinances.

Planning and Development Director David Allen advised that there had been no changes since the first reading. Motion to approve. 5-0.

c. Approval/denial, on first reading, of amendments to Chapter 156, Zoning Code, S-2 Sensitive Land – Watershed Protection Ordinance, Sections 156.293 and 156.296 to the Pike County Code of Ordinances.

Planning and Development Director David Allen advised that there had been no changes since the first reading. (This should have read second reading and not the first reading as it reads currently.) Motion to approve. 5-0.

8. NEW BUSINESS

a. Pike Historic Preservation would like permission to serve and sell wine at the annual Pig Pickin’ event on Saturday, May 26, 2012, at the Warm Springs Winery and has no objection to the group’s filing a “Special Event Alcohol Beverage Permit” application.

Motion to approve. Approved 5-0.

b. Appointment to the Board of Appeals to fill an unexpired three-year term, set to expire November 25, 2014.

No applications have been received so this appointment will continue until May 29, 2012 meeting.

c. Approval/denial of Resolution Establishing a Records Custodian for Pike County, Georgia government pursuant to House Bill 397.

Open records requests normally come through one person in Pike County in order to ensure a timely response within the three day required period. This is simply stating current policy in Pike County according to HB 397. According to current policy, the county clerk is the keeper of the records. If the county clerk is not available, the county manager or county attorney would be designated instead of the county clerk. Commissioner Tamra Jarrett wanted to make sure that citizens know that while HB 397 provides for a custodian of public records in county government, requests for open records can be made either orally or in writing to the responsible entity for open records in our county. She emphasized "orally or in writing" by saying it again after the previous sentence. Motion to approve this resolution. Approved 5-0.

d. Approval/denial, on first reading, of the EMS Ordinances and Mutual Aid Agreement for Georgia Emergency Management Agency (GEMA). County Attorney will address.

Mr. Morton opened this discussion by clarifying that several of these items including an ordinance and mutual aid agreements in a time of disaster have been discussed in previous meetings the EMA director, Jimmy Totten. This is a modified document for Pike County than that has some typos--specifically places where it says city that will be changed it county. Mr. Morton advised that the people able to declare emergency in this document can be changed because it is a policy issue.

Commissioner Bass said that she went to the meeting at the Strickland Building and she wants to get to the next one because he is going the right direction with that because that is citizens helping citizens in a time of emergency. She said there may be in need to implement an ordinance but she has "some real serious issues" with this ordinance because it seems very strong with the government moving in and taking over in an emergency. "I think we've got a lot of government in our live right now and we don't need a lot more," she said. She noted that the 4th Amendment protects citizens from warrantless search and seizures. She was concerned with the definition of emergency or disaster as defined in this ordinance because it it doesn't require the emergency to be "real". (Page 2, Section 3(a)1 says: "In the event of an actual or threatened occurrence of a disaster or emergency...") She also expressed a concern of the county manager would be in charge during an emergency rather than the EMA director who is more trained in this capacity.

At this point, EMA Director Totten spoke. He explained that this ordinance was put out by the Georgia Emergency Management Agency (GEMA) in an effort to help cities and counties develop a customized ordinance. He defined an emergency as anything that the county cannot handle on our own on a day to day basis. He gave an example of a threatened emergency as a hurricane that is going to come through Pike County and we need to put some things in place ahead of time. He acknowledged that this is more for coastal cities than it is for us but it could happen. He then said that as the EMA Director, he is here to guide the commission in the event of an emergency but is not here to govern the county.

Commissioner Tamra Jarrett said that she had received some calls about the verbiage in this ordinance. She went on to say that the ordinance came from from an ACCG model emergency management ordinance and she was concerned that we have an awful lot of people who can declare an emergency including but limited to the county manager and his or her designee, the chairman of the board of commissioners, the sheriff, or the EMA director who call all declare a local emergency according to this ordinance (on page 2, Section 3(a)1). County Attorney Rob Morton advised that the county manager is included because we have a county manager form of government had advised that the chairman of the commissioners does not have the authority apart from the board unless they allow it. He also advised that this is a model ordinance that was sent to counties and cities all over the state. Commissioner Jarrett agreed but said even the ordinance says that the chairman can act and then bring it to the board for a vote. Mr. Morton advised that this kind of a set up has worked in other places in emergency situations in case the EMA Director or the Chairman of the Board of Commissioners was not available to make a decision so something could be done if needed in the case of an emergency. Commissioners Bass and Jarrett attended training on emergency situations and the chain of command that said there should be one chief and a formal chain of command that would be followed if someone wasn't available.

Update 5.23.12:

Commissioner Jarrett then discussed the additional emergency powers (found on page 5 of the document in section d and specificially section 3) which could suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms and flammable liquids. Alcoholic beverages? Director Totten said that the reasoning behind that probably was to prevent a bunch of drunk people from running the streets in an emergency. He did point out that the ordinance doesn't say that the county automatically has to do this just because it's written and that they can pick and choose what they want to do. He said that people would still have the right to have firearms in their homes but the basis might be to prevent stockpiling firearms for one neighbor to fight with another. He pointed out that this is only for a time of disaster. Commissioner Jarrett then expressed a concern with the commandeering or utilization of public or private property (section 7 on page 5). It seemed like a “heavy hand” when she read it.

Director Totten said when he attended a conference on EMA recently, the Mayor of Tuscaloosa Alabama addressed this from where the tornado hit their community. They decided to have a curfew and not let citizens into the area even to help and had to educate citizens that they just can’t come in and help. For example, areas have to be cleared with wounded being taken for treatment and dead bodies being removed from an area before a front end loader can come in and help do clearing. If they had not put something into their ordinance about this, this man could have come in and cleared the street thinking that he was helping when he wouldn’t have been. Sometimes things going wrong in a disaster aren’t always clear to people on the outside and you have to have the ability to control what people want to do. Sometimes a disaster within a disaster can involve volunteers in an example such as this. In order to lock down an area like this in a time of emergency, there needs to be written rules so emergency personnel and law enforcement can get in and do their job in a disaster. Even volunteers can go in, but we have to control it. He said that some have mentioned the ordinance saying that the Sheriff or the EMA director can come onto the property in a disaster. If a tornado hit late at night, they would need that access to be sure that you were ok. The same might not apply if it was afternoon and they could see you're ok. "It has to be reasonable and there has to be a reason for it," he said. There needs to be something to deal with supplies and bids for the county to shorten the process in a time of disaster so items can be purchased quickly if needed. If FEMA comes in, they could say that our policies and procedures say that we have to have 3 bids regardless of a time of disaster and they could refuse to reimburse us because we didn't follow policy. He said that he understood that some of these policies can be heavy handed and he doesn't want anyone coming on his property just for the heck of it either.

Commissioner Jarrett said that there seemed to be too many chiefs with so many people who can declare an emergency. He explained that some of this is preparation for a worst case scenario with a tornado hitting a town during a city council meeting and they don't have law enforcement so someone has to be able to do what is needed. This would also let GEMA know the actual chain of command if an emergency is declared in Pike or Molena for example. He went on to state that it is totally up to the commissioners on how they want to put together this ordinance.

Commissioner Bass said that it seemed heavy handed to her and then read from page 3 section (4) 2 about authorization to enter property for investigation and right of entry and/or agreement to use property on the behalf of the county and continued through section 3 on page 4 where it says that no one shall refuse entry or access to authorized personnel in the process of carrying out official duties. She is concerned that people will not be able to ride out a disaster on their own property and could be told to leave their property to go to designated areas through designated routes told to them by officials so they couldn't go through the woods to Grandma's house if they chose--they have to use the route that is given to them. If someone needs to get gasoline to put in their chainsaw to cut down a tree on their own property, they may not be able to do this. They might not even be able to get gasoline to leave. She said that it may sound far-fetched, but government has enforced other rules such as killing pigs with the wrong-colored hair so it happens. And there are fines in this ordinance for those who do not follow the rules that are written.

There is some confusion in the ordinance about whether the Sheriff "shall" or "may" enforce the ordinance. Concerns were addressed about the possibility of warrantless entries to property and the possibility of abuse to citizens. Commissioner Collins said that this is a "worst case scenario" and not an everyday happening. He said it is a method to cover justification for reimbursement from FEMA and preparing necessary items for an emergency that might take place in the future. He said that changes could be made between the 1st and 2nd readings. "It will be a live document once we pass it," said Commissioner Bass. The question was asked if we are doing this to get FEMA payment. In some ways yes, and to ensure that we have an ordinance on the books to protect the county such as from looting, etc. The intent of the ordinance is to save lives and prevent further damage in an emergency situation. There was a lot of concern about not giving away citizens' rights in the meeting versus safety of the public in an emergency situation.

The good things in the ordinance like curfews, etc. but because of the length of the ordinance, commissioners want to study it some more. Commissioner Tommy Powers made the motion that they pull this off the table today and discuss it some more to find something that fits our county. Approved 5-0. There will be a workshop on this at a later date.

Click here to download a copy of the draft EMA Ordinance that was presented in this meeting. Click here to read a copy of the Georgia Emergency Management Agency-Homeland Security Statewide Mutual Aid and Assistance Agreement. [Note from the Editor: Both of these items were obtained through an open records request that was filled promptly as always. More on this discussion soon and I will say that many people have contacted me with concerns about these documents before I even posted them tonight. I have presented my own concerns to the commissioners as well. If we are going to write it into law, then we need to expect for the law to be enforced to the fullest extent. Don't talk to me about "that won't happen here in Pike County". If it is written, it can be enforced both here and all over the state of Georgia where other counties have been passing similar legislation.]

Update 5.31.12

e. Discussion of County Manager vacancy with direction provided, to include chain of command, day-to- day operations, timeframe, job search efforts, etc.

The advertisement has been posted. There have been four applications at the time of this meeting. As of today (5.31.12) there have been 20 applications received. Pike County's Code of Ordinance reads that the commissioners have four weeks from the time that the office of county manager became vacant to name an interim county manager if a replacement cannot be hired within that time. Commissioner Bass noted that the work of the county manager is piling up in the BOC office and asked who is taking care of all of the items that the county manager was working on since those in that office are already working as hard as possible to get everything done. County Clerk Watson advised that what absolutely has to be handled is being taken care of and nothing is falling through the cracks. County Attorney Rob Morton cautioned the board that based on legal problems in the past that while commissioners may have good intentions and want to help in some things, Pike County has a county manager form of government. In the past, commissioners made some decisions with day to day operations that citizens rose up and said the county was violating the county manager form of government. He also advised that just because someone is named interim county manager doesn't mean that they can't change it before filling the commission. He advised that commissioners can go out and gather information all day long but Pike County has had a county manager form of government since 1998 and is designated as the administrator of this government. Mr. Morton clarified that there is some time to designate an interim county manager so it doesn't have to be done at this meeting, but he cautioned commissioners again about the "appearance of impropriety" and the questions that could be raised from the citizens about their actions because we do have a county manager form of government. The Interlocutory Order was specifically mentioned. (This is the court order that came about from prior violations that are alluded to here.)

Commissioner Carol Bass asked, "If something comes up that needs action and we don't have a county manager, would we be within our rights to sit as a board and make a decision on it?" Mr. Morton replied that if it related to the budget, yes. If it related to personnel--with the exception of hiring the county manager--"You're treading on a slippery slope." He further clarified, that commissioners would be treading on this slippery slope by making any administrative function that is deemed to be under the operation of the county manager or interim county manager who--at that time--does not exist in Pike County. County Clerk Watson also advised that commissioners could call a special called meeting and appoint someone if a situation arose where an interim county manager was needed. Commissioner Bass said that she has seen personnel working so hard over the office in the past few days and that she is concerned that "this office is going to be flooded with issues and be overpowered and unable to do the job that we expect them to do." She said that she hoped the personnel in the office would let commissioners know if this became the case. County Clerk Watson pointed out that citizens are already getting the message service when they call and that the office is fixing to lose Martha when she retires (this has already occurred), the office of county manager is vacant, and personnel are simply trying to save some time by responding through this service rather than answering the call when it comes into the office because there is so much that needs to be done. She apologized if anyone was offended but said that it is a "coping mechanism". Commissioner Bass said that it's aggravating but that they made a good decision with this.

f. Appointment of a minute taker for Executive Session (Closed Meeting) as requested in the newly implemented Open Records/Open Meetings Law, HB 397.

County Attorney Morton said that it would be a good idea to designate who will be taking minutes in Executive Session. The options are one of the commissioners, the County Clerk or the County Attorney. Motion to appoint the county attorney to take minutes in Executive Session with the County Clerk as the backup minute taker. 3-2 with Commissioners Bass and Jarrett opposed.

g. Approval/denial to transfer out of Contingency to PUblic Works $29,986 to allow for payment to GEC for additional wells required by the EPD for the closed landfill in order to avoid fines and penalties.

Commissioner Collins said that he remembered Mr. Cintas having a meeting in Pike County with county representatives that would require one 3/4 inch pipe to do the sampling rather than installing additional wells. Now the county is being required to dig three wells. Commissioner Collins said that he is still not sure in his mind that the county has gotten the final word from the EPD on what we are going to be required to do. For an extensive review of this situation including documents from the EPD, click here to read from the 4.11.12 BOC meeting. Motion to table this matter until later in the meeting. 5-0.

9. PUBLIC COMMENT- (Limited to 5 minutes per person)

a. Mr. Robert D. Clark would like to address the Board on Business Licenses and extension of license times.

Mr. Clark was not present at this meeting. He asked that this be postponed until the night meeting of the BOC.

[Note from the Editor: Added 6.25.12... I did not attend this meeting and have been listening to it cold from a tape and taking minutes up to this point in the meeting. At this point, it's more important for the info to get out there for readers than it not to get done before I head out on vacation. The following to the end is from the Post Agenda submitted by the County Clerk that can be found by going to my Links page and clicking on the Pike County Government page.]

10. EXECUTIVE SESSION

a. Chairman requests Executive Session for consultation with the county attorney, or other legal counsel, for discussion or deliberation on the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a county officer or employee as provided in O.C.G.A. § 50-14-3(6); germane to Administration.

From the

Motion/second at 11:03 am to enter Executive Session by Commissioners Bass/Jarrett, vote 5-0. Motion/second to adjourn Executive Session by Commissioners Jarrett/Powers at 11:31 am, vote 5- 0. Motion/second to reconvene to Open Meeting by Commissioners Bass/Powers at 11:31 at a.m. carried 5-0.

Motion/second to appoint County Attorneys Tom and/or Rob Morton as Interim County Manager(s) by Commissioners Collins/Powers. Discussion followed regarding this appointment on a part-time basis as needed. Motion carried 5-0.

Motion/second to lift from the table by Commissioners Bass/Powers the item tabled earlier in the meeting: Approval/denial of request to transfer out of Contingency to Public Works $29,986 to allow for payment to GEC for additional wells required by EPD for the closed landfill in order to avoid fines and penalties. Motion carried 5-0.

The Interim County Manager was directed to obtain a copy of GEC’s response to the timeline requirement detailed in EPD’s March 27 letter. This issue could perhaps be addressed at a Special Called Meeting next Wednesday and not postponed until the May 29 meeting. The meeting next Wednesday, which began as a Courthouse update with Ben Carter, could be revamped to address several issues and the County Clerk could advertise and post as a Special Called Meeting of the board of Commissioners. Commissioner Collins relayed that, while it might not be the case, it bothered him that GEC could easily be perceived as treating this as a cash cow. Some historical perspective revealed that the County ceased testing in 2006 and told GEC that it didn’t need them. When Todd Goolsby came on board in 2007, EPD reiterated that we must maintain methane and groundwater monitoring quarterly. Arcadis, the peer group that was consulted in lieu of GEC, did not work out as alternative consultant; Mr. Sawyer had some prior experiences with them, as well, and wanted to return to GEC. Commissioner Collins said he would like to revisit the issue with Mr. Centis and EPD if a meeting could be arranged. There was some concern for keeping the proposed timeline for getting the corrective measures done.

Commissioner Jarrett had one other issue relative to Executive Session minutes’ storage. Motion and second to amend the agenda to discuss by Commissioners Jarrett/Collins carried 5-0. Mr. Morton suggested the custodian of records could store the minutes in a secured area and provide a copy at next meeting for review. They could be placed in the same official minutes book with other minutes. The law does not specifically address this issue. Motion/second by Commissioners Jarrett/ to allow for review of Executive Session minutes and then have the records custodian keep in a secure area in the official minutes book, as is the case with other public minutes. The County Clerk respectfully requested, in order not to confuse Executive Session and protected topics with those discussed in Open Meetings and subject to public inspection, that the minutes of Executive Session be kept in a separate book but in a protected environment as other minutes books are kept. Commissioners Jarrett/Collins accepted the amendment to the motion as recommended by the County Clerk with concurrence by the Interim County Manager, and the motion carried 5

11. ADJOURNMENT

Motion/second to adjourn at 11:42 a.m. by Commissioners Bass/Powers carried 5-0.

Agenda subject to revision.

5.9.12
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