BOARD OF COUNTY COMMISSIONERS T. PAGE THARP GOVERNMENTAL BUILDING 102 STARKSVTT.T. F AVENUE NORTH, LEESBURG, GEORGIA 31763

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1 A.. BOARD OF COUNTY COMMSSONERS T. PAGE THARP GOVERNMENTAL BULDNG 102 STARKSVTT.T. F AVENUE NORTH, LEESBURG, GEORGA LEE COUNTY Life works well here. TUESD FEBRUARY 25, 2014, 6:00 P.M. T. PAE THARP BULDNG OPAL CANNON AUDTORUM MEETNG AGENDA VOTNG SESSON COUNTY COMMSSONERS COUNTY STAFF Rick Muggridge, Chairman District 4 Ron H. Rabun, County Manager Dennis Roland, Vice-Chairman District 1 Christi Dockery, County Clerk Luke Singletary, Commissioner District 2 Jimmy Skipper, County Attorney Greg Ed Duffy, Frich, Commissioner District 5 Commissioner District 3 PAGE 1. NVOCATON 2. PLEDGE OF ALLEGANCE 3. CALL TO ORDER 4. APPROVAL OF MNUTES A) Consideration to approve the Board of Commissioners meeting minutes for January 14, B) Consideration to approve the Board of Commissioners meeting minutes for February 11, CONSENT AGENDA A) Z VARANCE APPLCATON. JMMY COURSON, APPLCANT, has submitted an application to the Lee County / Leesburg / Smithville Planning Commission to receive approval for a variance to the Lee County Code of Ordinances Section ( 3) for the purposes of placing an accessory building, or combination of accessory buildings, exceeding the square footage of the ground floor area of the principal dwelling. Property is located at 167 Bruner Lane, Leesburg, Georgia in land lot 105 of the 1st District; and being tract 2 of the Campbell Subdivision, Phase V and further described as a acre tract zoned R- 1 single family residential. A public hearing was held before the planning commission on February 18, 2014, and a public hearing was held before the board of commissioners on February 11, NEW BUSNESS A) Recognizing Walker Pinson, 6th grader at Lee County Middle School (West), for displaying moral courage during the" Character Does Matter" presentation on February 19, B) Consideration to approve Proclamation commemorating Mrs. Lucille Mitchell' s 95th birthday. 20-A 7. PUBLC HEARNG NONE 8. DEPARTMENTAL MATTERS NONE 9. CONSTTUTONAL OFFCERS & GOVERNMENTAL BOARDS/ AUTHORTES

2 A) Consideration to appoint one member resident of the Lee County Housing Authority Board for a one year term. The current term expires March 27, Letter of interest from Rebecca Pressley. B) Consideration to appoint four members to the Lee County Community two-year terms. The current terms expire March 22, Letters of interest from Heather Jones, Christi Dockery, Ed Duffy and Bill Williams. Foundation Board of Trustees for C) Consideration to appoint three members to the Lee County Parks and Recreation Authority for a one year term. The current term expires February 26, Letters of interest from Jamie Knight, Vic McKinley and Ed Duffy. 10. COUNTY MANAGER' S MATTERS A) Consideration to approve Agreement for Off System Safety Transportation and Lee County. Project between Department of B) Consideration to approve Resolution to adopt an updated Comprehensive plan Short Term Work 47 Program. 11. COMMSSONER' S MATTERS A) Commissioner Muggridge Consideration to approve Lee County Purple Heart Proclamation designating 48 Purple Heart Day" as February 25, OLD BUSNESS NONE 13. COUNTY ATTORNEY' S MATTERS 0 A) ( Consideration to approve Resolution authorizing the ntergovernmental contract to convey five ( 5) acres of county owned property near the landfill on Mossy Dell Road to Development Authority for economic development purposes. B) Consideration to approve Resolution approving agreement acquisition of regarding dirt in connection with Westover Road Extension Construction Project 14. EXECUTVE SESSON NONE 15. PUBLC FORUM Up to six individuals will be allowed to address the Board of Commissioners for up to two minutes each. ndividuals should sign upprior to the start of the meeting. 16. ANNOUNCEMENTS A) The next regularly scheduled County Commission Meeting is Tuesday, March 11, 6: 00 p.m. at the Kinchafoonee conference room. 17. ADJOURNMENT AGENDA MAY CHANGE WTHOUT NOTCE Lee County is a thriving vibrant community celebratedfor its value oftradition encompassing a safefami# oriented community, schools of excellence, and life long opportunitiesforprosperity and happiness without sacrificing the rural agricultural tapestry. Persons with special needs relating to handicapped accessibility or foreign language interpretation should contact Katrina Chambers, ADA Coordinator, at( 229) or through the Georgia Relay Service( 800) ( TDD) or( 800) ( voice). This person can be contacted at the T. Page Tharp Building in Leesburg, eorgia between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, except holidays.

3 BOARD OF COUNTY COMMSSONERS T. PAGE THARP GOVERNMENTAL BULDNG 102 STARKSVLLE AVENUE NORTH, LEESBURG, GEORGA LE 1` TUESDAY, 6: 00 P. M. T. PAGE THARP BULDNG OPAL CANNON AUDTORUM MEETNG MNUTES WORK SESSON COUNTY COMMSSONERS COUNTY STAFF Rick Muggridge, Chairman District 4 Ron H. Rabun, County Manager Dennis Roland, Vice- Chairman District 1 Christi Dockery, County Clerk Luke Singletary, Commissioner District 2 Jimmy Skipper, County Attorney Greg Frich, Commissioner District 5 Ed Duffy, Commissioner District 3 The Lee County Board of Commissioners met in a Work Session on Tuesday, January 14, The meeting was held in the Opal Cannon Auditorium of the Lee County T. Page Tharp Governmental Building in Leesburg, Georgia. Those present were Commissioners Rick Muggridge, Dennis Roland, and Greg Frich. Commissioner Ed Duffy and Luke Singletary were absent. Commissioner Muggridge gave the invocation and called the meeting to order at 6: 00 P. M 1. NVOCATON Carl Barnhart, minister at The Point, commented about the outreach his church participates in throughout the Cedric Street neighborhood. Appreciate anyone joining in with church activities. 2. PLEDGE OF ALLEGANCE 3. CALL TO ORDER 4. APPROVAL OF MNUTES Consideration to approve the Board of Commissioners meeting minutes for December 10, 2013 Commissioner Roland made a MOTON to approve the meeting minutes for December 10, Commissioner Frich seconded the MOTON. The MOTON passed. Consideration to approve the Board of Commissioners meeting minutes for December 27, 2013 Commissioner Roland made a MOTON to approve the meeting minutes for December 27, Commissioner Frich seconded the MOTON. The MOTON passed. 5. CONSENT AGENDA NONE 6. NEW BUSNESS NONE 7. PUBLC HEARNG Ms. Tammy Outlaw is requesting that the Board of Commissioners of Lee County grant her an alcohol license for retail sale of off-premises consumption of wine and malt beverages. Ms. Outlaw' s establishment is located at 1553 Highway 19 south and is known as" Winn Dixie". Chairman Muggridge opened the public hearing for comments and questions from the Board and the audience. With no comments the public hearing was closed. 1

4 Consideration to take public comments on the updated Comprehensive Plan Short Term Work Program ( STWP) and to approve the Transmittal Resolution. Chairman Muggridge opened the public hearing for comments and questions from the Board and the audience. Chairman Muggridge explained that the Board did update this STWP plan at the last Board meeting and this public hearing is an opportunity for the Board of Commissioners to take comments from the public. With no comments from the audience or the Board the public hearing was closed. Lee County Board of Commissioners will hold a public hearing and take comments for case numbered Z Map Amendment.- Lee County, Georgia has submitted an application for the purposes of replacing the current official zoning map of Lee County, Georgia for purposes of updating and correcting the map entitled " Lee County Official Zoning Map" Produced October, The adoption of a new Official Zoning Map of Lee County produced November will affect the entire corporate boundary of Lee County. Georgia. Chairman Muggridge opened the public hearing for comments and questions from the Board and the audience. Marcia Studley, Zoning Administrator for the Planning Department, presented the 2002 Official Lee County Map; a map of properties rezoned since 2002; a map of corrections and a draft of the corrected, updated map being presented for adoption as the official Lee County Zoning Map. Ms. Studley explained that these updates take into account all of Lee County. The cities of Smithville and Leesburg have their own zoning maps. This zoning map was last updated in Planning Commission has approved this updated zoning map. Board of Commissioner discussed this zoning map. With no comments from the audience the public hearing was closed. 8. DEPARTMENTAL MATTERS Planning Department Review of the Planning Commission meeting minutes for December The Board reviewed the Planning Commission meeting minutes for December 17, Consideration to approve Phase MS4 Annual Report and authorization of Chairman' s signature. County Manager Rabun recommended approval of the Phase MS4 Annual Report and file this annual report for stormwater to EPD. Commissioner Frich requested Jim Wright, Code Enforcement officer provide an executive summary of this annual report at the next scheduled meeting. Public Works Consideration to declare county property as surplus. Commissioner Frich made a MOTON to approve declaring Chevrolet mpala ( Magistrate), 2003 Crown Victoria ( Code Enforcement), 1985 Earthmover ( Public Works Department), and 1976 Dodge Tradesman Van ( Public Safety Department) as county surplus property. Approval for staff to sell surplus out right, trade- in or sell on GovDeals. MOTON passed. Commissioner Roland seconded the MOTON. The Public Safety Consideration to approve purchase of 4 sets of replacement fire turnout gear. County Manager Rabun explained that turnout gear had been purchased from Nafeco from a competitive bid previously submitted. This fire turnout gear purchase is replacement for worn out gear. All safety gear for all the new employees has been purchased and is set with the gear to train. Gear has not been purchased for the firefighter volunteers. Volunteers will need to be fitted for their uniforms. Volunteers may also be able to use this gear during their training. Commissioner Roland made a MOTON to approve the purchase of 4 sets of replacement fire turnout gear in an amount not to exceed $ 14,000. Commissioner Frich seconded the MOTON. The MOTON 2

5 passed. 9. CONSTTUTONAL OFFCERS & GOVERNMENTAL BOARDS/ AUTHORTES NONE 10. COUNTY MANAGER' S MATTERS Consideration to set Qualifying fees for FY 2014 for elected officials. County Manager Rabun explained the Resolution to set the 2014 Qualifying Fees. Commissioner Roland made MOTON to approve the Resolution Establishing a Qualifying Fee for the 2014 Election cycle. Commissioner Frich seconded the MOTON. The MOTON passed. Consideration to approve six month ndigent Defense contract and budget from the Office of the Circuit Public Defender of the Southwestern Judicial Circuit. County Manager Rabun explained the six month ndigent Defense contract and budget from the Office of the Circuit Public Defender of the Southwestern Judicial Circuit. The budget has not changed for this six month contract. Consideration to approve a Resolution for 5 year leases for various Hazard Mitigation/ Greenspace lots. County Manager Rabun explained the Resolution to approve the five year lease for various Hazard Mitigation/ Green space lots. There are approximately 74 green space lots to be leased. Consideration to approve Starksville Landscaping bid. (Reject one bid) County Manager Rabun explained that he proposed rejecting this bid from GG' s Landscaping and Design for the Starksville Avenue Landscaping project. County Manager Rabun explained that only one bid was submitted for this Request For Proposal and due to this one submission staff is unable to determine if this amount is a competitive or an appropriate bid. County Manager Rabun suggested checking on possibly doing this project in house. The Board agreed for Mr. Rabun to reject the bid. Consideration to ratify and confirm an emergency purchase for repairs of Fire Engine No ) and Fire Engine No. 5. County Manager Rabun explained the emergency purchase for engine repairs for fire engine No. 1 at a cost of$ 17, Within three or four weeks the same problem occurred with fire engine No. 5 and it is now in the shop. County Manger Rabun requested the Board ratify and confirm the emergency repairs for these two fire engines with the repairs to fire engine No. 5 not to exceed $ 18,000. Whiles these engines were being repaired Lee County may not have enough spare trucks. The Board discussed several options including short term rental. County Manger Rabun explained that fire engine No. 5 is in the shop but engine No. 1 is back in service. Commissioner Frich asked if this payment for these emergency repairs would be taken out of contingency. County Manager Rabun confirmed that it would be. Commissioner Roland made a MOTON to ratify and confirm the emergency purchase of$ 17, for repairs of Fire Engine No. 1 and emergency purchase not to exceed $ 18,000 for Fire Engine No. 5. Yancy Truck Center will make these repairs. Commissioner Frich seconded the MOTON. The MOTON passed. Consideration to approve an emergency purchase for repairs of Fire Engine No. 5 not to exceed $ 18, 000. Consideration to approve a Resolution for Rural Public Transportation 5311 Regional Transit Program County Manager Rabun explained the request from the Regional Commission to apply for the rural transit 5311 funds through the Georgia Department of Transportation. Chairman Muggridge commended Glenda Battle, current Lee County volunteer on the Regional Commission, as a great resource for information. 3

6 by Consideration to approve a Resolution commemorating the 100 year anniversary of ACCG County Manager Rabun recommended joining with ACCG to celebrate the 100 year anniversary of ACCG and approve this Resolution commemorating this organization. releases for the counties and organizations. ACCG has sent out various news Commissioner Frich requested adding best practices for counsel recommendations to the resolution commemorating ACCG. 11. COMMSSONER' S MATTERS NONE 12. OLD BUSNESS NONE 13. COUNTY ATTORNEY' S MATTERS Consideration to approve amendment to Animal Control Ordinance regarding Dangerous Dog Chairman Muggridge explained that this is the second reading of the Animal Control Ordinance regarding Dangerous Dog and asked if the Board had any questions to this amendment or comments. Commissioner Frich asked if this ordinance could be made more stringent than state law. County Attorney Skipper explained that this ordinance will bring Lee County up to state law. On past ordinance amendments, State law allowed local jurisdictions, such as Lee County, to be more stringent with respect to their dangerous dog Ordinances than the State law on dangerous dogs. However, under the July 2012 State of Georgia amendments, local governments are not given such authority and essentially must adopt the provisions of State law. County Attorney Skipper presented his summary of the Ordinance explaining that the terminology defined in the ordinance had been changed, authority of the Judge of Superior Court, and changes were made related to provisions for euthanizing dogs. 1 EXECUTVE SESSON Executive Session to discuss potential or pending legal matters. Commissioner Roland made a MOTON to table this issue of executive session until January 28, Commissioner Frich seconded the MOTON. The MOTON passed. 15. PUBLC FORUM Up to six individuals will be allowed to address the Board of Commissioners for up to two minutes each. ndividuals should sign up prior to the start of the meeting. Paul Clayton, 323 Old Leslie Road, complained about the pot holes on his road. Ms. Clayton asked the Board to spend some money on the north end of the county. Mr. Clayton said that he pays $ 2, 000 property taxes. Sam Johnson, 271 Old Leslie Road, claimed that Old Leslie road was on the paving list in 1997 and was the only road published to be paved in Mr. Johnson would like Old Leslie road to be paved. Mr. Johnson also complained about Public Works staff not keeping a crown on the road when they scraped the road. Mr. Johnson said that the newspaper ran a story that the Board of Commissioners would begin their meeting at 5: 30 p. m. Chairman Muggridge said that this new time would begin in February. Rosie Batten, 218 Carter Place, said that Leslie Road needs paving. Ms. Batten said that it takes her 20 or 30 minutes to drive down her road. Chairman Muggridge explained that the contractor is very close to finishing the Livingston Road paving project. County Manager Rabun explained that 1. 6 miles of paving is completed for Livingston Road. Ditch work continues on this project. The contract for the North Leesburg by-pass let by the State of Georgia will be completed by December 2015 thanks to Representative Ed Rynders and Senator John Crosby. These three ongoing projects are all North of Highway 32. We are all one county and this Board 4

7 considers the needs of the entire county. Commissioner Roland explained that considerable Georgia Department of Transportation money and SPLOST money has been spent in the North end of the county with the resurfacing of Old Smithville Road, North Philema Road and Livingston Road. 16. ANNOUNCEMENTS All County offices will be closed Monday, January 20, 2014 in observance of Martin Luther King, Jr. Holiday. The next regularly scheduled County Commission Meeting is Tuesday, January 28, 6: 00 p.m. 17. ADJOURNMENT Commissioner Frich made a MOTON to adjourn the meeting. Commissioner Roland seconded the MOTON. The MOTON passed. The meeting was adjourned at 6: 50 p.m. Lee County is a thriving vibrant community celebratedfor its value oftradition encompassing a safefamzly oriented community, schools ofexcellence, and life long opportunitiesfor prosperity and happiness without sacrificing the rural agricultural tapestry. Persons with special needs relating to handicapped accessibility or foreign language interpretation should contact Katrina Chambers, ADA Coordinator, at( 229) or through the Georgia Relay Service( 800) ( TDD) or( 800) ( voice). This person can be contacted at the T. Page Tharp Building in Leesburg, Georgia between the hours of 9: 00 a. m. and 4: 00 p. m., Monday through Friday, except holidays. 5

8 BOARD OF COUNTY COMMSSONERS T. PAGE THARP GOVERNMENTAL BULDNG 102 STARKSVLLE AVENUE NORTH, LEESBURG, GEORGA TUESDAY, FEBRUARY 11, 2014, 5: 30 P.. T. PAGE THARP BULDNG KNCHAFOONEE CONFERENCE ROOM RECONVENED TO THE OPAL CANNON AUDTORUM MEETNG MNUTES WORK SESSON COUNTY COMMSSONERS COUNTY STAFF Rick Muggridge, Chairman District 4 Ron H. Rabun, County Manager Dennis Roland, Vice- Chairman District 1 Christi Dockery, County Clerk Luke Singletary, Commissioner District 2 Jimmy Skipper, County Attorney Greg Ed Duffy, Frich, Commissioner District 5 Commissioner District 1 The Lee County Board of Commissioners met in a Work Session on Tuesday, February 11, The meeting was held in the Kinchafoonee Conference room of the Lee County T. Page Tharp Governmental Building in Leesburg, Georgia. Those present were Commissioners Rick Muggridge, Dennis Roland, Ed Duffy, Luke Singletary and Greg Frich. Staff in attendance was County Manager Rabun, County Attorney Skipper and Christi Dockery, County Clerk. Pastor Butch Knight, First Baptist Church of Albany, gave the invocation. Chairman Muggridge called the meeting to order at 5: 30 P.M. NVOCATON PLEDGE OF ALLEGANCE CALL TO ORDER APPROVAL OF MNUTES A) Consideration to approve the Board of Commissioners Special Called Goal Planning Session meeting minutes for January 10, B) Consideration to approve the Board of Commissioners Personnel Committee meeting minutes for January 24, C) Consideration to approve the Board of Commissioners Special Called meeting minutes for January 28, D) Consideration to approve the Board of Commissioners Road Committee meeting minutes for February 6, Commissioner Duffy made a MOTON to approve the meeting minutes for January 10, 2014, January 24, 2014, January 28, 2014, and February 6, Commissioner Roland seconded the MOTON. Commissioner Frich and Singletary voted for the MOTON. The MOTON passed. PUBLC SAFETY A) Bobby Watkins, Public Safety Director, to present Fire and EMS Lee County Consolidation update. Bobby Watkins, Public Safety Director, reported to the Board that 950/0 of training is complete. The live burn will be held March 3rd through March 6th at the Marine Corp Logistic Base which will complete the entire course. Mr. Watkins explained that 42 were in the class and 32 completed the class to become firefighters. The concentration has been on training with current EMS personnel. Mr. Watkins said that currently Lee County has 12 applications for firefighter volunteers. The Board discussed the volunteer firefighter program and the need for equipment purchase and training. Commissioner Duffy commented that Lee County would need approximately 10 volunteers for each station. Chairman Muggridge commented that Mitchell County has a community based volunteer program and an SO rating of a 5. These 60 volunteers are not provided retirement. Mr. Watkins said that he, County Manager Rabun and Chairman Muggridge, met with the Lee County Warden of the State prison regarding the State Prison' s firefighter Capabilities. County Manager Rabun explained that the county' s volunteer recruitment program will require 6

9 coordination with the purchase of equipment and gear during the budget process. County Manager Rabun said that he will bring the Board sequences of events the during budget process to roll this program out. Commissioner Singletary commented that it was important to do training really well and not half-hearted but focused approach. Commissioner Duffy commended Bobby Watkins for a great job as nterim Public Safety Director. County Manager Rabun also commended Mr. Watkins with the progress made and the good attitude of his staff. Commissioner Frich also commended Mr. Watkins saying that the lack of infighting within the Public Safety Department is an indication of good leadership. The Board took a 5 minute recess to reconvene the Board meeting downstairs in the Opal Cannon Auditorium. CONSENT AGENDA For Action A) Consideration to approve a Resolution for the granting of annual lease to be renewed up to five years for various Hazard Mitigation/ Greenspace lots. B) Consideration to approve an updated Resolution commemorating the 100 year anniversary of ACCG-Association of County Commissioners. Commissioner Roland made a MOTON to approve the Consent Agenda for February 11, Commissioner Singletary seconded the MOTON. Commissioner Frich and voted Duffy for the MOTON. The MOTON passed. NEW BUSNESS A) Melissa Lambert, P.E., Environmental Group Leader, TTL, nc., to make a presentation regarding the Lee County Solid Waste Landfill groundwater/ surface water sampling and statistical analysis report. Melissa Lambert, P.E., Environmental Group Leader, TTL, nc. made a presentation to the Board regarding Lee County Solid Waste Landfill groundwater/ surface water sampling and statistical analysis report for its closed landfill. Ms. Lambert provided a handout to the Board that included maps of the old Municipal Solid Waste Landfill, remedial action results and recommendations. Ms. Lambert reviewed the remedial action program and highlighted Monitored Natural Attenuation ( NNA) data which indicates an overall decreasing trend for the last two years for contaminants of concern with the exception of nickel and cobalt. Cobalt and nickel concentrations tend to fluctuate due to various geochemical changes in groundwater. Ms. Lambert also reported that surface water is sampled within the creek in 4 to 5 locations and no site- related contaminants have been detected. Commissioner Frich commented that Lee County this landfill was closed over twenty years ago but the State requires monitoring of a landfill for duration of 30 years. The Board has also broadened our monitoring footprint over the years. PUBLC HEARNG A) Mr. William David Wadsworth is requesting that the Board of Commissioners of Lee County grant him an alcohol license for retail sale of on- premises consumption of wine and malt beverages. Ms. Wadsworth' s landfill was over the minimum threshold over two and half years ago. Chairman Muggridge explained that establishment is located at 1561 Hwy 19 So. Unit# 4 and is known as " Wharf Express Restaurant". For Action The public hearing was opened and no one spoke in opposition to this request. Commissioner Roland made a MOTON to approve Mr. William David Wadsworth request to grant him an alcohol license for retail sale of on- premises consumption of wine and malt beverages. Mr. Wadsworth' s establishment is Duffy seconded the MOTON. Commissioner Frich and Singletary voted for the MOTON. The MOTON passed. located at 1561 Hwy 19 So. Unit # 4 and is known as " Wharf Express Restaurant". Commissioner B) Z VARANCE APPLCATON. JMMY COURSON, APPLCANT, has submitted an application to the Lee County / Leesburg / Smithville Planning Commission to receive approval for a variance to the Lee County Code of Ordinances Section ( 3) for the purposes of placing an accessory building, or combination of accessory buildings, exceeding the square footage of the ground floor area of the principal dwelling. Property is located at 167 Bruner Lane, Leesburg, Georgia in land lot 105 of the 1st District; and being tract 2 of the Campbell Subdivision, Phase V and further described as a acre tract zoned R- 1 single family residential. The public hearing was opened and no one spoke against the applicant' s request. n fact, as shown below, several neighbors submitted letters of support in favor of the request. Marcia Studley, Planning Department Zoning Administrator, presented a map highlighting the Z variance request, section 70.84( 3), from Mr. Jimmy Courson. Ms. Studley explained that the Courson home, zoned R- 1 residential with agricultural use as a mini- farm, was 2, 234 square feet and the proposed barn is 2, 430 square feet. The Planning Commission held a public hearing January 21, 2014 and voted to approve the Variance application. Mr. and Mrs. Courson were present for questions from the Board. Letters of support were received from the Courson' s adjacent neighbors, Berry Dunn, Janet Dunn, Jeanette Fussell, Steve Stocks, and Cathy Stocks all stating that they did 7

10 not oppose the construction of Mr. Courson' s barn. DEPARTMENTAL MATTERS Planning Department A) Review of the Planning Commission meeting minutes ofjanuary 24, The Board reviewed the Planning Commission meeting minutes ofjanuary 24, CONSTTUTONAL OFFCERS & GOVERNMENTAL BOARDS/ AUTHORTES A) Consideration to appoint one member resident of the Lee County Housing Authority Board for a one year term. The current term expires 3/ 27/ 14. Letter of interest from Rebecca Pressley. Chairman Muggridge reported that a letter of interest has been received from Rebecca Pressley for reappointment to the Lee County Housing Authority. B) Consideration to appoint three members to the Lee County Community Foundation Board of Trustees for two- year terms. The current terms expire Letters of interest from Heather Jones, Christi Dockery, Bill Williams and Ed Duffy. Chairman Muggridge reported that a letter of interest has been received from Heather Jones, Christi Dockery, Ed Duffy and Bill Williams for reappointment to the Lee County Foundation Board of Trustees. C) Consideration to appoint three members to the Lee County Parks and Recreation Authority Board for a one year term. The current term expires 2/ 26/ 14. Letters of interest from Jamie Knight and Vic McKinley Chairman Muggridge reported that letters of interest have been received from Jamie Knight and Vic McKinley for reappointment to the Lee County Parks and Recreation Authority. COUNTY MANAGER' S MATTERS A) Discussion and approval of Budget Calendar for For Action County Manager Rabun explained that he had amended the Budget calendar this year to allow him to utilize a more hands- on budget approach by working more closely with department directors, agencies and elected officials in order to prepare and present a recommended budget to the Budget Committee and a Board of Commissioners. Commissioner Frich requested the Board provide a strategic policy letter to Management to set the parameters of this year' s budget. Chairman Muggridge asked Commissioner Frich if he would call a Budget meeting at the appropriate time. Commissioner Roland made a MOTON to approve the Budget Calendar for Fiscal Year Commissioner Singletary seconded the MOTON. Commissioner Frich and voted Duffy for the MOTON. The MOTON passed. B) Consideration to approve amendment to Chapter 14 of the Code of Ordinances regarding Dangerous Dog and other purposes. The first reading was held December 10, 2013 and the second reading was held January 14, For Action County Attorney Skipper reviewed the proposed Lee County Dangerous Dog Ordinance explaining that this ordinance if adopted would be consistent with state law. Commissioner Erich questioned if this ordinance needed to be amended to state that this ordinance addresses the behavior of the dog and not the breed. Lee County cannot be more restrictive than the State code. County Attorney Skipper explained that this ordinance addresses behavior of dogs and does not mention the breed of dogs. This ordinance is not particular to the breed of dog. County Attorney Skipper reviewed the appeal process for the dog ordinance and the provisions of the State law that are included in this proposed ordinance. There is no need to include wording regarding breed of dog since local governments must go by the State law. n addition, Judge of the Superior Court of Lee County is also authorized to order a dog euthanized if after notice and opportunity for a hearing has occurred. At Commissioner Frich' s request, the Board agreed prior to adoption of the Ordinance that it was not the Board' s intent for the Ordinance to be breed specific. Commissioner Roland made a MOTON to approve the Amendment to Chapter 14 of the Code of Ordinances to provide for definitions of classified dog, dangerous dog; and vicious dog and other purposes. Commissioner Frich seconded the MOTON. Commissioner Duffy and Singletary voted for the MOTON. The MOTON passed. 8

11 C) Consideration to approve Amendment to the official Lee County zoning map of the Lee County Board of Commissioners ( case numbered Z Map Amendment). Lee County, Georgia has submitted an application for the purpose of replacing the current official zoning map of Lee County, Georgia for the purpose of entering previously approved rezoning actions and updating and correcting the map entitled Lee County Official Zoning Map" Produced October, The adoption of a new Official Zoning Map of Lee County produced November 2013 will include the entire corporate boundary of Lee County, Georgia. Two public hearings were conducted; by the Planning Commission on December 17, 2013 and by the Board of Commissioners on January 14, For Action Commissioner Duffy made a MOTON to approve the amendment to the official Lee County zoning map of the Lee County Board of Commissioners case number Z Map Amendment. Commissioner Singletary seconded the MOTON. Commissioner Frich and Roland voted for the MOTON. The MOTON passed. COMMSSONER' S MATTERS A) Commissioner Roland- Consideration to discuss Board of Commissioners returning to its previous schedule for meeting dates, times and location. Commissioner Roland explained that he had concerns about meeting upstairs in the Kinchafoonee Conference Room for the first meeting of the Board of Commissioners monthly meeting. Commissioner Roland explained that he does not like to have his back to the audience during a meeting and he questioned the lack of access to the handicap alert entry. There may also be a conflict with the upcoming early voting election that occurs in the Kinchafoonee Room. t is also a hardship for working board members to be at a meeting by 5: 30 p. m. Commissioner Duffy concurred with Commissioner Roland that he was working out of town a few days a week and there are times it will be difficult to be at the meeting by 5: 30 p.m. Commissioner Singletary also expressed concern over the new 5: 30 p. m. meeting time. Chairman Muggridge explained that he had discussed this issue with each Commissioner at the Board of Commissioners retreat and all were willing to give this new location and time a try for a limited time. Chairman Muggridge said he understood if the 5: 30 P.M. time Commissioner Roland made a MOTON to return to the regular meeting time and location. Commissioner Duffy seconded the MOTON. Commissioner Frich made a substitute MOTON to have both meetings return to the 6: 00 p. m. time but continue to hold the first meeting of the month in the Kinchafoonee Conference room and the second meeting of the month in the Opal Cannon Auditorium. Commissioner Singletary seconded the MOTON. Commissioner Roland and opposed the substitute MOTON. Chairman Muggridge voted for the substitute Duffy MOTON. The MOTON passed. The original MOTON failed. B) Commissioner Roland Report from the Road Committee Chairman. Commissioner Roland reported that he had called for a Road Committee meeting February 6, 2014 to discuss the policy of road scraping, eliminating some State routes from the maintenance list, and update on roads to be resurfaced. Commissioner Roland explained that Public Works Director Mike Sistrunk along with input from the Lee County Board of Education Bus Supervisor Mr. Canterbury provide information on the status and quality of the roads. This information is used to determine what road maintenance is needed on dirt roads. Mr. Roland indicated that there was agreement among the board that calls for maintenance on roads should be conditions- based, not call based. Chairman Muggridge commended Commissioner Roland on an informative and productive Road Committee meeting. Chairman Muggridge asked Commissioner Roland if he would bring these issues back for a future vote to the board of commissioners. C) Commissioner Muggridge Consideration to approve Lee County Purple Heart Proclamation. Commissioner Muggridge recommended the Board consider approval of the Lee County Purple Heart Proclamation honoring all the men and women who have served their country. OLD BUSNESS NONE 9

12 COUNTY ATTORNEY' S MATTERS NONE EXECUTVE SESSON A) Recess to Executive Session to discuss pending and potential legal matters. Commissioner Frich made a MOTON to recess to Executive Session to discuss pending or potential litigation. Commissioner Roland recommended allowing the speakers signed up for the Public Forum to speak before the Board recessed to Executive Session. Commissioner Frich withdrew his MOTON. The Board proceeded with the Public Forum session before recessing to Executive Session ( See minutes of Public Forum below) PUBLC FORUM Up to six individuals will be allowed to address the Board of Commissionersfor up to two minutes each. ndividuals should sign up prior to the start ofthe meeting. Melanie Merritt, 112 Canvasback Drive, explained that her family built their home three and half years before Ms. Terrell purchased her home and built her animal shelter. Ms. Terrell houses many pit bull dogs which caused detraction on Super Bowl Sunday. Ms. Merritt explained that due to close proximity of the odor and noise from the kennels it has limited their ability to sell or rent their property. Of the 23 houses in Brittany Plantation the neighbors pay$ 500,000 in property taxes. This animal shelter greatly affects our lives and this needs to be corrected. Joe Dent, attorney with Watson& Spence in Albany handed out google earth photos of the Merritt neighborhood with their rental property circled. Mr. Dent explained that this property was zoned R1 single family for Canvasback Drive in This is not the place for a kennel as explained that he represented Mr. & Mrs. Merritt. Mr. Dent required by the Lee County Ordinance. Margo Clayton, 323 Old Leslie Road, Leesburg, GA, explained that she was glad to hear Commissioner Erich discuss honoring the Board' s commitment to paving roads because we have been promised four times that our road will be paved. Ms. Clayton asked that the Board look at all the roads because Old Leslie Road needs to be paved. Melody Helm, 141 Wigon Drive, Leesburg, GA, complained that Ms. Terrell's animal shelter is a nuisance due to the loud barking of the dogs. Ms. Helm had a tape recording of the dogs barking which she said is an everyday occurrence. Sam Johnson, 263 & 271 Old Leslie Road, explained that his road was on the 1977 road paving list. Mr. Johnson expressed concern about the condition of Old Leslie Road with a lack of a crown on the road. Mr. Johnson informed the audience that farmers spread manure in their fields throughout the county. Paul Clayton, 323 Old Leslie Road, requested his road be paved. Kathy Haufschild, 188 Wigon Drive, Leesburg, GA, complained about Ms. Terrell' s animal shelter and requested that the Board of Commissioners uphold the county ordinance. Ms. Haufschild explained that she moved into her home June 2005 and that this area was listed as residential and Ms. Terrell moved in after this with a pound in our community. Rebecca Walker, 187 Somerset, Leesburg, GA, commented that she works for Bush Animal Clinic as an animal assistant and cares for 1vls. Terrells' animals when she is out of town. Ms. Walker said that this property is surrounded by agricultural, such as, peanut fields, and there is no smell associated with the animals. T. Gamble attorney for Kim Terrell, addressed the Board instead of Ms. Terrell. Mr. Gamble lives at 177 South Main Street, Dawson, GA. Mr. Gamble explained that George Mcntosh signed an affidavit that he owned the entire 140 acres but he did not own 14 acres. Ms. Terrell relied on Lee County zoning people and met all requirements. Lee County Code Enforcement Officers have come to Ms. Terrell' s home 10 to 15 times and Jim Wright has repeatedly told her she is not in violation of any ordinance. Lulu McCaffrey, 112 Highway 32, Leesburg, GA commended Ms. Terrell for feeding these animals and taking no funds from the community. Darrell Pugh, 225 Old Leslie Road, requested that his road be paved. The school bus has been late but they have never been called to meet the bus due to road conditions. Mr. Pugh complained that dirt with manure had been spread on the road. EXECUTVE SESSON Recess to Executive Session to discuss pending and potential legal matters. A) Commissioner Frich made a MOTON to recess to Executive Session to discuss potential litigation. Commissioner Roland seconded the MOTON. The motion was adopted unanimously and the Board recessed to executive session to discuss potential litigation. After the executive session, the Board returned to the Board meeting room and Commissioner Singletary made a MOTON to return to regular session. Commissioner Roland seconded the 10

13 MOTON. The MOTON to return to regular session was adopted unanimously. ANNOUNCEMENTS A) The next regularly scheduled County Commission Meeting is Tuesday, February 25, p.m. ADJOURNMENT The Board returned from executive session at 8:40 P.M. Commissioner Roland made a MOTON to adjourn the meeting. Commissioner Duffy seconded the MOTON. Commissioner Frich and voted for the MOTON. The MOTON passed. The meeting was adjourned at 8: 40 P.M. Lee County is a thriving vibrant community celebratedfor its value oftradition encompassing a safefamily oriented communiy, schools ofexcellence, and life long opportunitiesforprosperity and happiness without sacnificing the rural agricultural tapestry. 11

14 PUBLC NOTCE Z VARANCE APPLCATON. JMMY COURSON, APPLCANT, has submitted an application to the Lee County/ Leesburg / Smithville Planning Commission to receive approval for a variance to the Lee County Code of Ordinances Section (3) for the purposes of placing an accessory building, or combination of accessory buildings, exceeding the square footage of the ground floor area of the principal dwelling. Property is located at 167 Bruner Lane, Leesburg, Georgia in land lot 105 of the 1st District; and being tract 2 of the Campbell Subdivision, Phase V and further described as a acre tract zoned R- 1 single family residential. Exact legal description of above request is on file at the Lee County Planning & Engineering Department, 102 Starksville Avenue North, Leesburg, Georgia and may be reviewed along with any information by contacting Marcia Studley, Zoning Administrator of Lee County between 8:00 a. m. and 5:00 p. m., Monday through Friday except holidays at (229) NOTCE S HEREBY GVEN that the Lee County / Leesburg / Smithville Planning Commission will hold a public hearing on and give consideration for case number at the meeting on Tuesday, January 21st, 2014 at 6:00 p. m. at the T. Page Tharp Governmental Building, Opal Cannon Auditorium, 102 Starksville Avenue N., Leesburg, Georgia. NOTCE S HEREBY GVEN that the Lee County Board of Commissioners will hold a public hearing on and give consideration for case number Z at the meeting on Tuesday, February 11t, 2014 at 6:00 p. m. at the T. Page Tharp Governmental Building, Opal Cannon Auditorium, 102 Starksville Avenue N., Leesburg, Georgia. Meetings of the Lee County/ Leesburg/Smithville Planning Commission; the Lee County Board of Commissioners; the Leesburg City Council and the Smithville City Council are open to the public. NOTE: Georgia Law requires that all parties who have made campaign contributions to any member of the City Council or the Lee County Board of Commissioners in excess of two hundred and fifty dollars ($250.00) within two ( 2) years immediately preceding the filing of this request, who desire to appear at the public hearing in opposition or support of the application, shall, at least five (5) days prior to the public hearing, file a campaign contribution report with the Lee County/ Leesburg / Smithville Planning Commission. As set forth in the Americans with Disabilities Act of 1992, the Lee County/ City of Leesburg/City of Smithville Governments does not discriminate on the basis of disability, and will assist citizens with special needs given proper notice of seven ( 7) working days. The meeting rooms and buildings are handicap accessible. For information, please call ( 229) Advertisement to run January 1st, 2014 and January 8th,

15 tfon f a! LEE COUNTY 7 4j X{; r CTY OF LEESB( RG CTY OF SMTHVLLE Available as w'" 171;viar; VARANCE APPLCATON NAME OFAPP.CANT: rinetra y Q ['. U titson ADDRESS OF APPLCANT. 1! O 7 N DAYTME PHONE*: j 3 -? Uf-Ci29- Q1r1-24P7) ADDRESSOR LOLAON OF PROPERTY: ye/ p7 readc( tre 4/ 4/ y APPLCATONOl 3^ e..:;(" n order that the general health, safety and welfare of the citizens may be preserved, and substantial justice maintained, ( We) the undersigned request in connection with the property hereinafter desscribed: Present Zoning - 11 Proposed Leming Q 5 Land Lot Number l "' land District Q2t# of Acres Present Use of Property- 3tU ACR._/- ton1e, s, TE / PAD a1. 4,rc_ E4R.-_ Proposed Use id-property: 1») E - he subject property is described as follows: VAM ANC' E Describe the unusual conditions of the property pertaining to site, shape, location ur topography, which justify the 1 ariance: kmr..st? ztrt t' h.* itgo LC. er RV c7ar,trt1 rajttt. Aie. T cif--1jl LAc. ACAi..o. 12'e4l, root ALSO. itact: t25 COPES REQURED) Plat of property, including vicinity map Legal description of subject property t) tyclt) SUttf. 1 runner/ have made campaign contributions having. m aggaceme value or 5250 W or more, or made gills having an aggregate value or 52541W or inure to an official of tice County. City of Leesburg. City of Smnhvflit ( circle one) enhm two( 21 cor, of appla on herds) certify at am the owner -' u legal- cntt of the owner, in fee sirt)lrtg o he above-described property. WTNESS /... J _ `, r Aril WANT DA E. t(- ea-! DATE f Application Fee' 5 to Paid ` 1!' Received by j12 jd SO K- Lr _ J 1 07 oe, Pe

16 ZONNG REPORT t LpVMTY. 4ga Action: Variance Request PC Hearing: January 21' 1, 2014 Prepared by: Marcia Studley 16," E' r CASE NUMBER: Z APPLCANT: Jimmy Courson LOCATON OF PROPERTY: 167 Bruner Lane, Leesburg, Georgia REQUESTED ACTON: Variance to Section ( C) A: Use ofproperty as accessory building, or combination of accessory buildings exceeding the square footage of the ground floor of the principal dwelling. PROPOSED USE: Residential and continued farming EXSTNG ZONNG: R- 1 EXSTNG USE: Residential and nonconforming use as a farm SURROUNDNG ZONNG AND LAND USE: North: R- 1 South: R- 1 East: R- 1 West: R- 1 MEETNG NFORMATON: All meetings are held in the assembly room in the new Lee County Administration Building unless otherwise advertised. Planning Commission( public hearing): Tuesday, January 21st, 2014 at 6: 00 p. m. Lee County Board of Commissioners( public hearing): Tuesday, February 11*, Lee County Board of Commissioners( vote): Tuesday, February 25a,

17 VARANCE CONSDERATONS: According to the Lee County Zoning Ordinance a variance may be granted in such individual case of unnecessary hardship, upon a finding by the Planning Commission that all four( 4) of the following conditions are met. 1. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography, AND; Yes, there are extraordinary and exceptional conditions in that the acre minifarm is in an R- 1 singlefamily residentially zoned subdivision. The acre R- 1 subdivision consists of three lots measuring 30.21, and acres respectively andfar exceeds the 2 acre density requirementfor the district. The subjectproperty is heavily wooded and under a current conservation covenant. 2. The application of these regulations to this particular piece of property would create an unnecessary hardship, AND; t would be an unnecessary hardship if owner was unable to construct a barn and storagefacility neededfor continued use of the property as a minifarm. While the ordinance permits nonconforming use ofproperty, expansion or extension of that nonconforming use( needed for continued use) is prohibited by ordinance. 3. Such conditions are peculiar to the particular piece of property involved, AND; Conditions are peculiar to the subject property in that it is zoned R- 1 residential with nonconforming) agricultural use as a mini-farm. While agricultural zoning districts do not impose those restrictions for accessory structure size found in single family residential districts, the size of accessory structures is limited to smaller than the ground floor ofprimary structure/dwelling in R- 1 districts. The owner proposes to build a 2,430 squarefoot barn and storage structure with capacity to store farm equipment, an RVand boat and has a 2,234 square foot drivelling. There are other preexisting accessory structures. 4. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of these regulations provided, however, that no variance may be granted for a use of land, building, or structure that is prohibited by these regulations. Relief would not cause substantial detriment to the public good, nor impair the purposes and intent of these regulations. Accessory structures are a permitted use of R- 1 property and variance is. sought for size of accessory structure only. Proposed structure will not be visible on this heavily wooded lot and adjacent neighbors ( acre tract to the north and acre tract to the south) have written letters in support ofmr. Courson' s variance petition. 15

18 Z ptopened Su ucture S V V STOCXS 25.98* yes tel yr 3 ' ' at Le3 --' 4 0* i T vicinity---" p.: t ;. i...-", r t N z i,... Zoning Map yoww*,-:,, BRx er c-i. 0 i' a F...2, 1.,,

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20 ry' A--- / 5' s. RE AR glur.troo) m^ i i ^ Ti' i ( " ` T ` 4 r, ' /! i w/ 1 e. } i i, _. i '. U Y5. _ i.f.[ g^ - 16o4LHT ew04-,+. 5 o' A^, / r yv 1 o/ j j n 1 r*' - ^ pa0u au w,."~ taii^~ rn' l8

21 To whomever this may concern: n the' natter of whether or not Lee County should permit the budding and enclosure of said budding on the property of Mr. Jimmy Coursen, we. Berry and Janet Dunn, and Jeanette Fussell do not see any reason that this structure should not be allowed to be erected. The structure will be built in a wooded area of Mr. Coursen' s property, which is completely obstructed from our view. We reside at 172 Bruner Lane, taesburg, GA 31763, in Campbell subdivision Tract 3, which is directly adjacent to the property of Mr. Coursen. f you need to speak with us regarding this matter. please feel free to contact us at( 229) Thank you. ry _ t Duryi Jeanette Fussell 12/ 01/ / 01/ / 01/

22 To Lee County Commissioners and Planning Committee Members: 12/ 03/ 13 Jimmy Courson is our next door neighbor and we have no objection to him constructing a building on his property at 167 Bruner Lane which is tract 2 in Campbell Subdivision. The area he is planning to build his RV shelter is in a wooded area that is not visible to anyone. Thank You, Steve Stocks Cathy Stocks 20

23 L PROCLAMATON OF THE LEE COUNTY BOARD OF COMMSSONERS THE LEE COUNTY BOARD OF COMMSSONERS HEREBY PROCLAMS THE FOLLOWNG: WHEREAS, On February 9, 2014, Lucille Mitchell of Leesburg, Georgia celebrated her 95th birthday; and WHEREAS, Mrs. Mitchell was born February 9, Mrs. Mitchell has lived in Leesburg, Georgia all her life. She resides at 498 Middle Road North. She is a lifelong member of the Mount Hope Baptist Church where Minister David Lockett serves as Pastor and Minister Donnie Ray Hall serves as Assistant Pastor. Mrs. Mitchell married the late Mr. Gene Mitchell. She has one daughter, Mrs. Marilyn Heard. WHEREAS, Mrs. Lucille Mitchell will be honored at the Mount Hope Baptist Church on Sunday, February 23`d, 2014 at 11: 00 a.m. THEREFORE, the Lee County Board of Commissioners does hereby commend: L MRS. LUCLLE MTCHELL Rick Muggridge, Chairman Lee County Board of Commissioners Dennis Roland, Vice- Chairman Lee County Board of Commissioners Lee Luke Singletary, Commissioner County Board of Commissioners Greg Lee County Frich, Commissioner Ed Board of Commissioners Lee Duffy, Commissioner County Board of Commissioners L 20- A

24 LCHA LEE COUNTY,HOUSNG AUTHORTY 101 Turnkey Circle Phone( 2_ 9) Leesburg, GA Fax( 229) Lee County 2/ 6/ 14 Christi Dockery 110 Starksville Avenue North Leesburg, Georgia Reference: LCHA Board Member To Whom t May Concern:, Ms. Rebecca Pressley, am interested in continuing to serve as a member of the Lee County Housing Authority Board. y Signature: t? te Date: 757- / 0 21

25 Volunteer Boards Lee County Housing Authority Board District Name& Address Telephone Numbers Tee Appointing Authority Rebecca Pressley 1 Year Term Resident 102-B Turnkey Circle Expiring on County Leesburg, GA / 27/ 2014 Jennifer Johnston Winifred Road Leesburg, GA Blajenjo@gmail.com 5 Year Term Expiring on 9/ 1/ 2018 County Valerie Rollins Mobile 5 Year Term Philema Road N. Expiring on County Work 9/ 1/ 2016 Leesburg, GA Year Term James C. vey, Jr Deer Trace Drive Home Expiring on County Leesburg, GA / 1/ Floyd Perdue Chairman 1047 White Pond Road Leesburg, GA Year Term Home Expiring on County 7/ 4/ Year Term 1 Expiring on County 7/ 4/ 2015 Meetings are held on a quarterly basis on the second Tuesday ofjanuary, April,July and October at 5: 30 P.M. at Ryan' s Steak House, in Albany, Ga. Dan McCarthytelephone or Fax , P.O. Box 485, Albany, GA Executive Director at

26 February 7, 2014 Heather Jones 87 Senah Drive Leesburg, Georgia Lee County Board of Commissioners 110 Starksville Avenue N Leesburg, Georgia Dear Commissioners: would like to be reappointed to the Board of Trustees for the Lee County Community Foundation Board. have served on the Board for the last two years in the capacity of Treasurer. have lived in Lee County for the past 16 years and also work in Lee County. feel that my experience as Finance Director for the Lee County Board of Commissioners as well as my love for Lee County and its desire to' grow would be a great asset to the Board. Thank you for your consideration. Sincerely, Heather Jones 23

27 February 10, 2014 Lee County Board of Commissioners 110 Starksville Avenue, North Leesburg, GA Dear Commissioners: Please accept this letter as my intent to be reappointed to the Community Foundation Board of Trustees. Thank you for your consideration. Sincerely, hristi Dockery 24

28 February 3, 2014 Lee County Board Of Commissioners 110 Starksville Ave, North Leesburg, GA Re: Lee County Community Foundation Board of Trustees Dear Board members: would like to be considered for another 2 year term on the Community Foundation Board of Trustees. My current term expires March 22, Respectfully, 64:11( Ed Duffy County Commissioner 25

29 February 11, 2014 Lee County Board of Commissioners 110 Starksville Avenue North Leesburg, Georgia would like to reappointed to the Board of Trustees for the Lee County Community Foundation Board. have enjoyed serving on this Board as Chairman for the past few years. prepared the application to the nternal Revenue Service for tax exempt status of the Foundation. Based upon this application, the nternal Revenue Service determined that the Foundation is allowed to operate as a 501( c)( 3) organization. also file the required annual tax forms with the nternal Revenue Service so that this foundation can retain it' s tax exempt status. have lived in Lee County for the past 14 years and am also a partner in a Certified Public Accounting firm located in Lee County. have also previously served on the Lee County Board of Commissioners for 4 years. Thank you in advance for your consideration. Sincerely yours, Bill Williams 26

30 Volunteer Boards Ed Duffy Home 2 year term expiring 740 Creekside Drive Cell Leesburg, GA eduffy@lee.ga.us 3/ 22/ 2014 Bill Williams Office, ext year term expiring 3/ 22/ Highland Oaks Drive Home Albany, GA willcpa@aol.com Heather Kittrell 136 Pheasant Drive Leesburg, GA Office 2 year term expiring hkittrell@lee.ga. us 3/ 22/ 2014 Christi Dockery 178 Southill Drive Leesburg, GA cdockery@lee.ga.us Office 2 year term expiring Home 3/ 22/ 2014 Tatum Leverett 140 Winchester Drive Home 2 year term expiring Leesburg, GA Office 3/ 26/ 2015 Business: Tri County Ag., nc. P.O. Box 81 Smithville, GA tatumleverett@tricountyag.net Lee Cheshire Office Mailing: P.O. Box Home 2 year term expiring Cell 3/ 26/ Palmyra Road southlandapp@bellsouth.net Leesburg, GA Elaine Ruckel 347 Lumpkin Road Leesburg, GA Home 2 year term expiring elaineruckel@gmail.coin 3/ 26/

31 SagT1 PO Box 1912 Albany, GA Phone February 3, 2014 Lee Co Board of Commissioners Parks & Recreation Authority RE: ntent to Remain on Committee Dear Mr. Muggridge: Please accept this letter as my intent to remain on the Lee Co Parks & Recreation Authority pending commission approval. look forward to serving a second term. Do not hesitate to contact me with any questions. Sincerely, 1,, ice. Jamie Kni: SB& T Bank jamieknight@sbandtbank.com a division of SVNOV' t S 1N. MEMBER 28

32 January 7, 2014 Lee County Board of Commissioners 100 Starksville Street Leesburg, Georgia Re: Lee County Parks and Recreation Authority Dear Chairman Muggridge, Please accept this letter as my request to remain on the Lee County Parks and Recreation Authority for a second term. appreciate the Board' s consideration of my request. Sincerely, Vic McKinley 155 Sapelo Drive Leesburg, Georgia

33 Volunteer Boards Lee County Parks and Recreation Authority District Name& Address Telephone Numbers Term 1 Vic McKinley Year Term 155 Sapelo Dr. Expiringp on Leesburg, GA g 2/ 2/ 26/ Betty Johnson Cannon Dr. 1 Year Term Leesburg, GA Expiring on 12/ 31/ Ed Duffy Home Virtue of 740 Creekside Drive Cell Office Leesburg, GA eduffyalee.ga.us Expiring on Jamie Knight Work 193 Lazy Acres Rd Cell 1 Year Term Leesburg, GA jamieknight@sbandtbank.com Expiring on 2/ 26/ Bill Williams Office ext Year Term 177 Highland Oaks Drive Home 1 on Leesburg, GA willcpa(a,aol.com 12/ 31/ 2015 Paige Etheredge, General Manager County Administrator, Ex Officio Meetings will be held on an as needed basis. Grand sland Golf Course 270 Grand sland Drive, Albany, GA Office (229) ,Pro Shop FAX One year term 30

34 AGREEMENT for OFF SYSTEM SAFETY PROJECT between DEPARTMENT OF TRANSPORTATON STATE OF GEORGA and LEE COUNTY This Agreement, made and entered into this day of 2014, by and between the DEPARTMENT OF TRANSPORTATON, an agency of the State of Georgia, hereinafter called the " DEPARTMENT", and Lee County, GEORGA, hereinafter called the " SPONSOR. " WHEREAS, the SPONSOR has been approved by the DEPARTMENT to carry out an Off- System Safety Project which consists of the construction of Project , ( CT 1), P.. NUMBER hereinafter referred to as the " PROJECT"; and WHEREAS, the DEPARTMENT is authorized to receive federal funding for Safety Projects for Georgia pursuant to provisions of 23 U. S. C. Section 133 ( b) ( 8) ; and WHEREAS, the PROJECT is expected to positively impact the quality of transportation in the State of Georgia; and WHEREAS, the DEPARTMENT desires to participate with the SPONSOR in the implementation of the PROJECT; and WHEREAS, the SPONSOR has represented to the DEPARTMENT that it has the authority to receive and expend federal funds for the purpose of this PROJECT and is qualified and experienced to provide such services necessary for the construction of the PROJECT and the DEPARTMENT has relied upon such representations; and WHEREAS, under Section ( a) ( 7 ) of the Official Code of Georgia Annotated, the DEPARTMENT is authorized to participate in such an undertaking: NOW, THEREFORE, in consideration of the mutual promises and covenant contained herein, it is agreed by and between the DEPARTMENT and the SPONSOR THAT: 1 31

35 ARTCLE SCOPE AND PROCEDURE The SCOPE AND PROCEDURE for this PROJECT shall be the installation of the safety elements consisting of the placement of pavement markings, roadway striping, raised pavement markers, and stop bars, as set forth in Exhibit A, WORK PLAN, which is further defined by the PROJECT estimate sheets ( "PROJECT PLANS") on file with the DEPARTMENT and the SPONSOR and referenced as if attached hereto and incorporated as if fully set forth herein. The SPONSOR shall be responsible for assuring that the PROJECT will be economically feasible and based upon sound engineering principles, meet American Association of State Highway and Transportation Officials ("AASHTO") Guidelines and will be sensitive to ecological, environmental and archaeological issues. The WORK PLAN sets out the scope of work for the PROJECT. t is understood and agreed that the DEPARTMENT shall participate only in the PROJECT as specified in Exhibit A, WORK PLAN. The SPONSOR shall work with the Georgia Department of Transportation District Four ( 4 ) to advise the SPONSOR on the WORK PLAN and provide guidance during implementation of the PROJECT. During the development of the PROJECT the SPONSOR has taken into consideration, as applicable, the DEPARTMENT ' S Standard Specifications for the Construction of Roads and Bridges, AASHTO standards for sidewalks; FHWA guidelines for pedestrian facilities; compliance with the U. S. Secretary of the nterior "Standards and Guidelines, Archaeology and Historic Preservation"; compliance with Section 106 of the National Historic Preservation Act of 1966 and with Section 4 ( f) of the US DOT Act of 1966; compliance with the Archaeology and Historic Preservation Act of 1974 ; compliance with the Archaeological Resources Protection Act of 1979 and with the Native American Graves Protection and Repatriation Act, the Georgia Abandoned Cemeteries and Burial Grounds Act of 1991; compliance with the DEPARTMENT ' s Scenic Byways Designation and Management Program, and with the American Society of Landscape Architect Guidelines; compliance with the Outdoor Advertising Requirements as outlined in the Official Code of Georgia Annotated, Section et. seq. and other standards and guidelines as may be applicable to the PROJECT. The SPONSOR has acquired rights of way, if required, and related services for the PROJECT in accordance with State and Federal Laws, DEPARTMENT ' s Right of Way Procedure Manual, Federal Regulations and particularly Title 23 and 49 of the Code of Federal Regulations CFR"), as amended. The SPONSOR further acknowledges that no 2 32

36 acquisition of rights of way occurred until all applicable archaeological, environmental and historical preservation clearances were approved. The SPONSOR shall ensure that all contracts as well as any subcontracts for the construction of the PROJECT shall comply with the Federal and State legal requirements imposed on the DEPARTMENT and any amendments thereto. Specifically, but not limited to the provisions governing the DEPARTMENT ' s authority to contract, Sections through of the Official Code of Georgia Annotated; the DEPARTMENT' s Rules and Regulations governing the Prequalification of Prospective Bidders, Chapter 672-5; and the DEPARTMENT ' s Standard Specifications and Special Provisions. The SPONSOR further agrees to comply with and shall require the compliance and physical incorporation of Federal Form FHWA into all contracts or subcontracts for construction, as attached hereto and incorporated herein as Exhibit B, Terms and Conditions. ARTCLE COVENANTS AGANST CONTNGENT FEES The SPONSOR shall comply with all relevant requirements of Federal, State and local laws including but not limited to those applicable requirements as outlined in Exhibit B, TERMS AND CONDTONS. The SPONSOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the SPONSOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the SPONSOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the DEPARTMENT shall have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTCLE REVEW OF WORK Authorized representatives of the DEPARTMENT and the Federal Highway Administration, ("FHWA"), may at all reasonable times review and inspect the activities and data collected under the terms of this Agreement and amendments thereto, including but not limited to, all reports, drawings, studies, specifications, estimates, maps, and computations, prepared by or for the SPONSOR. The DEPARTMENT reserves the right for reviews and acceptance on the part of 3 33

37 effected public agencies, railroads and utilities insofar as the interest of each is concerned. Acceptance shall not relieve the SPONSOR of its professional obligation to correct, at its expense, any of its errors in the work. The DEPARTMENT ' S review recommendations shall be incorporated into the work activities of the SPONSOR. ARTCLE V TME OF PERFORMANCE TME S OF THE ESSENCE N THS AGREEMENT. The SPONSOR shall perform its responsibilities for the PROJECT, commencing on receipt of written "Notice to Proceed" from the DEPARTMENT, and shall complete the Project no later than EGHTEEN ( 18 ) MONTHS from the receipt of NOTCE TO PROCEED. The work shall be carried on in accordance with the schedule attached to this Agreement as " Exhibit C", WORK SCHEDULE, with that unforeseen events may make necessary some minor variations in that schedule. The work shall be carried on expeditiously, it being understood, however, that this Agreement may be extended or continued in force by mutual consent of the parties and evidenced by a written amendment thereto. ARTCLE V RESPONSBLTY FOR CLAMS AND LABLTY The SPONSOR shall, to the extent permitted by law, be responsible for any and all damages to property or persons and shall save harmless the DEPARTMENT, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting from the negligence of the SPONSOR in the performance of the work under this Agreement. t is understood by the SPONSOR that claims, damages, losses, and expenses may include monetary claims made by the construction contractor for the PROJECT, and its related facilities, that are a result of the SPONSOR' S negligence or improper representation in the plans. The SPONSOR shall ensure that the provisions of this Article are included in all contracts and subcontracts. 34

38 These indemnities shall not be limited by reason of any insurance coverage held by the SPONSOR or the SPONSOR' s contractors or subcontractors. ARTCLE V NSURANCE Prior to beginning work, the SPONSOR shall obtain and where applicable cause its subcontractors to obtain and furnish certificates to the DEPARTMENT for the following insurance: minimum amounts of A. Workmen' s Compensation nsurance in accordance with the laws of the State of Georgia. B. Public Liability nsurance in an amount of not less than one hundred thousand dollars ($100, 000) for injuries, including those resulting in death to any one person, and in an amount of not less than three hundred thousand dollars ($300, 000) on an account of any one occurrence. C. Property Damage nsurance in an amount of not less than fifty thousand dollars ($50, 000) from damages on account of any occurrence, with an aggregate limit of one hundred thousand dollars ($100, 000). D. Valuable Papers nsurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the PROJECT. nsurance shall be maintained in full force and effect during the life of the Agreement and until final completion of the PROJECT. 5 35

39 ARTCLE V COMPENSATON AND PAYMENT t is agreed that the compensation hereinafter specified includes both direct and indirect costs chargeable to the PROJECT under generally accepted accounting principles and as allowed in the Federal Acquisition Regulations Subpart and not prohibited by the Laws of the State of Georgia. t is understood and agreed that the total estimated construction cost of the PROJECT as outlined in this Article and as shown in Exhibit "D", BUDGET ESTMATE, attached hereto and incorporated as if fully set out herein, is Seventy Four Thousand, Four Hundred Seventy Eight Dollars and 00/ 100 Dollars ($ 74, ). The total estimated cost of the PROJECT to be financed under the Off- System Safety Program using Federal Safety funds is Seventy Four Thousand, Four Hundred Seventy Eight Dollars and 00/ 100 Dollars 74, ). Which is the total state contribution to the PROJECT and is the maximum amount of the DEPARTMENT ' s obligation. The approved PROJECT budget shall include any claims by the SPONSOR for all costs incurred by the SPONSOR of work for the PROJECT. in the conduct of the entire scope The SPONSOR shall provide the DEPARTMENT with the amount awarded, the name of the contractor, and the completion date provided by the lowest responsive bidder. t is understood that the DEPARTMENT will pro- rate the maximum participation should the PROJECT be awarded at less than Seventy Four Thousand Four Hundred Seventy Eight Dollars and 00/ 100 Dollars ($ 74, ). n no event shall the State contribution of the project exceed 74, which is the DEPARTMENT ' S maximum obligation. The SPONSOR shall be solely responsible for any and all amounts in excess of such amount being payable only with non- Federal aid funds. t is understood and agreed that nothing in the foregoing shall prevent an adjustment of the estimate of the PROJECT costs, provided that the DEPARTMENT' s maximum obligation under this Agreement is not exceeded and that the original intent of the PROJECT is not substantially altered from the approved PROJECT. n order to adjust said budget estimate, it is also understood that the SPONSOR shall request any and all budget changes in writing and that the DEPARTMENT shall approve or disapprove the requested budget estimate change in writing. C, 36

40 The SPONSOR shall submit to the DEPARTMENT a revised budget estimate in accordance with the successful contractor' s bid within ninety days from the date of the contractor' s contract being awarded for construction, and before any construction work on the PROJECT may begin. The SPONSOR shall submit to the DEPARTMENT monthly reports of the PROJECT ' s progress to include a report on what was accomplished during the month, anticipated work to be done during the next month and any problems encountered or anticipated. Payment on account of the above fee will be made monthly on the basis of calendar months, in proportion to the percentage of the work completed for each phase of work. Payments shall be made after approval of a certified voucher from the SPONSOR. Upon the basis of its review of such vouchers, the DEPARTMENT shall, at the request of the SPONSOR, make payment to the SPONSOR as the work progresses, but not more often than once a month. Should the work for the PROJECT begin within any one month, the first voucher shall cover the partial period from the beginning date of the work through the last date of the month in which it began. The vouchers shall be numbered consecutively and subsequent vouchers submitted each month until the work is completed. Payment will be made in the amount of sums earned less previous partial payments. The final invoice shall reflect the actual cost of work accomplished by the SPONSOR under the terms of this Agreement, and shall be the basis for final payment. No expense for travel shall be an allowable expense for the SPONSOR under this Agreement unless such travel is listed in the approved PROJECT budget submitted by the SPONSOR to the DEPARTMENT. n addition, budgeted costs for travel shall be limited to the amount included in the approved PROJECT budget, unless prior DEPARTMENT approval is obtained for increasing such amount. Should the work under this Agreement be terminated by the DEPARTMENT, pursuant to the provisions of ARTCLE XV, the SPONSOR shall be paid based upon the percentage of work completed at the point of termination, SPONSOR. notwithstanding any just claims by the 1 37

41 ARTCLE V FNAL PAYMENT T S FURTHER AGREED that upon completion of the work by the SPONSOR and acceptance by the DEPARTMENT of the work, including the receipt of any final written submission by the SPONSOR and a final statement of costs, the DEPARTMENT shall pay to the SPONSOR a sum equal to one hundred percent (100%) of the total compensation as set forth in all approved invoices, less the total of all previous partial payments, paid or in the process of payment. The SPONSOR agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the DEPARTMENT for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the DEPARTMENT from any and all further claims of whatever nature, whether known or unknown, for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with the same. The SPONSOR will allow examination and verification of costs by the DEPARTMENT ' S representatives before final payment is made, in accordance with the provisions of Article X, herein. f the DEPARTMENT ' S examination of the contract cost records, as provided for in Article X, results in unallowable expenses, the SPONSOR shall immediately be responsible for reimbursing the DEPARTMENT the full amount of such disallowed expenses. ARTCLE X CONTNGENT NTEREST The DEPARTMENT shall retain a contingent interest in the PROJECT for as long as there continues a Federal interest in the PROJECT as determined by the DEPARTMENT ' s calculation of the economic life of the PROJECT. Based on the scope of work, as set forth in Exhibit A, WORK PLAN, the DEPARTMENT has determined the economic life of the PROJECT to be five years from the date of the PROJECT Final Acceptance. 8 38

42 ARTCLE X RGHT OF FRST REFUSAL A determination by the SPONSOR to sell or dispose of the PROJECT shall entitle the DEPARTMENT to the right of first refusal to purchase or lease the PROJECT at net liquidation value. Such right of first refusal shall be retained for as long as the DEPARTMENT holds a contingent interest in the PROJECT pursuant to Article X of this Agreement. Should the DEPARTMENT elect to purchase or lease the PROJECT at any time after completion of the PROJECT no compensation shall be provided for the value added as a result of the PROJECT. ARTCLE X SUBSTANTAL CHANGES No material changes in the scope, character, complexity, or duration of the PROJECT from those required under the Agreement shall be allowed without the execution of a Supplemental Agreement between the DEPARTMENT and SPONSOR. Minor changes in the work which do not involve increased compensation, extensions of time, or changes in the goals and objectives of the PROJECT, may be made by written notification of such change by either party. party with written approval by the other ARTCLE X MANTENANCE OF CONTRACT COST RECORDS The SPONSOR shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred on the PROJECT and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the DEPARTMENT and any reviewing agencies, and copies thereof shall be furnished upon request. The SPONSOR agrees that the provisions of this Article shall be included in any Agreement it may make with subcontractor, assignee, or transferee. any An Audit of the Agreement shall be provided by the SPONSOR. The audit shall be conducted by an independent accountant or accounting firm in accordance with audit requirements, 49 CFR and OMB Circular 128 or any revision or supplement thereto. PROJECT 9 39

43 DEPARTMENT terminate this Agreement prior to the completion of an costs shall be documented within the OMB Circular 128 audit. An audit shall be submitted to the DEPARTMENT in a timely manner in each of the SPONSOR' S fiscal years for the period of the Agreement. ARTCLE X SUBLETTNG, ASSGNMENT, OR TRANSFER t is understood by the parties to this Agreement that the work of the SPONSOR is considered personal by the DEPARTMENT. The SPONSOR agrees not to assign, sublet, or transfer any or all of its interest in this Agreement without prior written approval of the DEPARTMENT. The DEPARTMENT reserves the right to review all subcontracts prepared in connection with the Agreement, and the SPONSOR agrees that it shall submit to the DEPARTMENT proposed subcontract documents together with sub- contractor cost estimates for the DEPARTMENT ' S review and written concurrence in advance of their execution. All subcontracts in the amount of $10, or more shall include the provisions set forth in this Agreement. ARTCLE XV TERMNATON The DEPARTMENT reserves the right to terminate this Agreement at any time for just cause, or for any cause upon 30 days written notice to the SPONSOR, notwithstanding any just claims the SPONSOR by for payment of services rendered prior to the date of termination. t is understood by the parties hereto that should the element of work the SPONSOR shall be reimbursed for such work element based upon the percentage of work completed. Failure to meet the time set for completion of an approved work authorization may be considered just cause for termination of the Agreement. o 40

44 ARTCLE XV OWNERSHP OF DOCUMENTS specifications, The SPONSOR agrees that all reports, drawings, studies, survey notes, estimates, maps, computations, computer diskettes and printouts and other data prepared by it under the terms of this Agreement shall remain the property of of for the SPONSOR upon termination or completion of the work. The DEPARTMENT shall have the right to use the same without restriction or limitation and without additional compensation to the SPONSOR other than that provided for in this Agreement. ARTCLE XV CONTRACT DSPUTES This Agreement shall be deemed to have been executed Fulton County, Georgia, and all questions of interpretation and construction shall be governed by the Laws of the State of Georgia. ARTCLE XV COMPLANCE WTH APPLCABLE LAWS A. The undersigned certify that the provisions of Section through of the Official Code of Georgia Annotated relating to Conflict of nterest and State employees and officials trading with the State have been complied with in full. B. T S FURTHER AGREED that the SPONSOR shall comply and shall require its subcontractors to comply with the regulations for COMPLANCE WTH TTLE V OF THE CVL RGHTS ACT OF 1964, as amended, and 23 CFR 200, as stated in Exhibit E of this Agreement. C. T S FURTHER CERTFED that the provisions of Section through of the Official Code of Georgia Annotated relating to the " Drug- Free Workplace Act" have been complied with in full, as stated in Exhibit F of this Agreement. D. The SPONSOR acknowledges and agrees that failure to complete appropriate certifications or the submission of a false certification shall result in the termination of this Agreement pursuant to the provisions of Article XV. 41

45 E. T S FURTHER AGREED that the SPONSOR shall subcontract a minimum of ten percent ( 10%) of the total amount of PROJECT funds to Disadvantaged Business Enterprise (DBE) as defined and provided for under the Federal Rules and Regulations 49 CFR parts 23 and 26. The SPONSOR shall ensure that DBE firms are certified with the DEPARTMENT ' s Equal Employment Opportunity Office. The SPONSOR shall submit to the DEPARTMENT for its review and concurrence, a copy of the proposed subcontract including the name of the DBE subcontractor. F. T S FURTHER AGREED that the SPONSOR shall comply and shall require its subcontractors to comply with all applicable requirements of the American with Disabilities Act of 1990 ADA), 42 U. S. C et. seq. and 49 U. S. C. 322; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U. S. C. 791; and regulations and amendments thereto. G. T S FURTHER AGREED that the SPONSOR shall, and shall require its contractors and subcontractors to, comply with all applicable requirements of the Davis- Bacon Act of 1931, 40 U. S. C. 276 ( a) ; as prescribed by 23 U. S. C. 113, for Federal- aid highway projects, except roadways classified as local roads or rural minor collectors. H. T S FURTHER AGREED that the SPONSOR shall, and shall require its contractors and subcontractors to, comply with GA. Code Title 25, Section 9, Georgia Utility Facility Protection Act. CALL BEFORE YOU DG The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. y 42

46 N WTNESS WHEREOF, said parties have hereunto set their hands and affixed their seals the day and year above first written. Recommended: Lee County, Georgia By: seal) Commission Chairperson Department of Transportation Print R x % QC r f Jv Signed, sealed and delivered This day of 2014, in the presence of: By: Commissioner Seal) Witness Attest : Notary Public This Agreement, approved by Lee County, the day of Treasurer Attest : Name and Title Federal Employer Number: dentification 43. 8, L0000E5-3 43

47 EXHBTS Exhibit A Work Plan Exhibit B Exhibit C Terms and Conditions for Federal and Construction Contracts Work Schedule Exhibit D Budget Estimate Exhibit E Exhibit F Exhibit G Civil Rights Compliance Certification Certification of Drug- Free Workplace General Notes Exhibit H 652 High Build Paint Specs. 44

48 EXHBT A WORK PLAN Lee County Project ( CT1) P.. NUMBER Proposed Work: Placement of Striping, Pavement Markings, Raised Pavement Markers and Warning Signs with High ntensity Sheeting on approx miles of roads as listed on the summary sheet. Note: Note: The Local Government shall certify all necessary R/W, and remove or adjust all utilities at no cost to the Department of Transportation. The Department of Transportation' s participation in constructing this project is limited to the items set up for payment under this contract. Any items or work required and not set up for payment under this contract will be the responsibility of the Local Government and at no cost to the Department of Transportation. 45

49 eeee LL LL L 0000 CO CO CO CO k C CN CC 1 EE / E Ekk & g \ G # a s 4 b CO Z E 0 2 w2k k ( 2 k w G / k 2 kw Ci) o0 2 wee x / CC CC 00 2 Lo CV CO 00 m o CC CC n a 00 < wcc Er 0 w 2 CC 2 5 zm / / < WW < 0 z ow JCV CV C 4- CV CC CC CC CC 0000 q0 C4 ) 46

50 A RESOLUTON BY THE BOARD OF COMMSSONERS OF LEE COUNTY TO ADOPT AN UPDATED COMPREHENSVE PLAN SHORT TERM WORK PROGRAM WHEREAS, the Chairman and County Commission of Lee County, Georgia, have found it necessary to update the Short Term Work Program portion of their comprehensive plan to meet the requirements of the state' s Minimum Planning Standards for local comprehensive plans; and, WHEREAS, the update and the adoption of this new Short Term Work Program will insure that the City of Lee County maintains its Qualified Local Government Status; and, WHEREAS, the Georgia Department of Community Affairs has found the Short Term Work Program to meet the Local Planning Requirements; and, WHEREAS, Lee County will use the new Short Term Work Program to guide public expenditures and public programs; THEREFORE, BE T RESOLVED by the Chairman and County Commission of Lee County, Georgia, that the updated Short Term Work Program is hereby adopted. We do hereby certify that adequate citizen participation requirements have been met. Adopted on the day of 2014 Chairman, Lee County Board of Commissioners seal) Witness 47

51 1( r z ' 1 ) Lee QCountp 3oarb of QCommtationerit l Vrodamation L') lee Coutttp i Vurpte Theart Coutttp- i( WHEREAS, the people of the County of Lee have great admiration and the utmost 1 1 gratitude for all the men and women who have selflessly served their country and this community in Cthe Armed Forces; and i jj served WHEREAS, veterans have paid the high price of freedom by leaving 4) their families and. and placing themselves in harm' s way for the good of all; and WHEREAS, the contributions and sacrifices of the men and women from Lee County who 1 ) in the Armed Forces have been vital in maintaining the freedom and way of life enjoyed by f our citizens; and j WHEREAS, many men and women in uniform have given their lives while serving in the i ) i` Armed Forces; and 1 i WHEREAS, many citizens of our community have earned the Purple Heart Medal as a result of being wounded while engaged in combat with an enemy force, construed as a singularly ) 1 meritorious act of essential service; and WHEREAS, February 25, 2014 has officially been designated as the day in Lee County to remember and recognize veterans who are recipients of the Purple Heart Medal. f NOW, THEREFORE, BE T RESOLVED that the Lee County Board of j` it e Commissioners hereby proclaims Lee County as a Purple Heart County, honoring the service and sacrifice of our nation's men and women in uniform wounded or killed by the enemy while serving to protect the freedoms enjoyed by all Americans. i ) ifr Rick f iuggribge, Chairman t i c J it 11'' ate i A) L') 1 i 48

52 RESOLUTON AUTHORZNG NTERGOVERNMENTAL CONTRACT BETWEEN THE BOARD OF COMMSSONERS OF LEE COUNTY, GEORGA, AND THE LEE COUNTY DEVELOPMENT AUTHORTY N CONNECTON WTH THE PROVSON OF CERTAN SERVCES AND OTHER MATTERS WHEREAS, Lee County is a local government entity established pursuant to Georgia law; and WHEREAS, Development Authority is a local development authority established pursuant to O. C.G.A , et. seq. ( the Development Authorities Law); and WHEREAS, as governmental entities, Lee County and the Development Authority are authorized to enter into intergovernmental contracts pursuant to the provisions of Article 9, Section 3, Paragraph 1 of the Georgia Constitution of 1983, as amended; and WHEREAS, pursuant to said provision of the Constitution, the parties hereto are authorized to enter into contracts with each other not exceeding fifty (50) years for the provision of services or for the joint or separate use of facilities or equipment, all as more particularly described in such provisions of the Georgia Constitution; and WHEREAS, the parties hereto deem it appropriate to enter into this intergovernmental contract for the provision of such services as authorized. NOW, THEREFORE, BE T RESOLVED by the Board of Commissioners of Lee County, Georgia, and it is hereby resolved by authority of the same, as follows: 1. That the intergovernmental contract attached hereto as Exhibit" A" between Lee County and the Lee County Development Authority is hereby approved. 49

53 2. That the Chair of the Lee County Board of Commissioners shall be authorized to execute and deliver such intergovernmental contract, as well as any and all other documents, including warranty deeds, limited warranty deeds, quitclaim deeds, closing statements, owner's affidavits, and similar documents that may be deemed necessary or appropriate by legal counsel for the County in order to carry out the terms and intent of this Resolution and the intergovernmental contract approved hereby, and the County Clerk is hereby authorized to attest the Chair's signature thereon. 3. That such legal documents as may be necessary or appropriate in order to carry out the terms of this Resolution and the intergovernmental contract approved hereby shall be prepared by the County Attorney for execution by the necessary parties in order to carry out the terms and intent of this Resolution and the intergovernmental contract approved hereby. SO RESOLVED, this day of Board of Commissioners of Lee County, Georgia By: Chair Attest: Clerk 50

54 STATE OF GEORGA COUNTY OF LEE NTERGOVERNMENTAL CONTRACT BETWEEN THE BOARD OF COMMSSONERS OF LEE COUNTY, GEORGA, AND THE LEE COUNTY DEVELOPMENT AUTHORTY N CONNECTON WTH THE PROVSON OF CERTAN SERVCES AND OTHER MATTERS This ntergovernmental Contract entered into effective the day of 2014, between The Board of Commissioners of Lee County, Georgia, of 110 Starksville Avenue North, Leesburg, Georgia (hereinafter referred to as Lee County") and the Lee County Development Authority of Starksville Avenue, Leesburg, Georgia ( hereinafter referred to as Development Authority"). WTNESSETH : WHEREAS, Lee County is a local government entity established pursuant to Georgia law; and WHEREAS, Development Authority is a local development authority established pursuant to O. C. G.A , et. seq. (the Development Authorities Law); and WHEREAS, as governmental entities, Lee County and the Development Authority are authorized to enter into intergovernmental contracts pursuant to the GATEWOOD provisions of Article 9, Section 3, Paragraph 1 of the Georgia Constitution of 1983, as TPPER& RAMMSO, P.C. ATTORNEYS AT LAW Owen l.amar8treer POST OFFCE BOX 488 ERCUS. GEORGA telephone:( 229) Facsimile:( amended; and Page 1 151

55 WHEREAS, pursuant to said provision of the Constitution, the parties hereto are authorized to enter into contracts with each other not exceeding fifty (50) years for the provision of services or for the joint or separate use of facilities or equipment, all as more particularly described in such provisions of the Georgia Constitution; and WHEREAS, the parties hereto deem it appropriate to enter into this intergovernmental contract for the provision of such services as authorized. NOW, THEREFORE, in consideration of the premises, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: 1. The Development Authority shall provide certain economic development services for the benefit of Lee County and its citizens and businesses located in Lee County for the purpose of developing and promoting trade, commerce, industry, and employment opportunities for the public good and the general welfare and promote the general welfare of Lee County. Such efforts by the Development Authority shall include, but shall not be limited to, funding of economic development projects and activities, acquisition of real and personal property, and the provision of services to existing, new, and expanding businesses located or to be located in Lee County. The economic development activities that the Development Authority shall undertake in accord with the terms of this contract shall further include, but shall not be limited to, the development of that certain five ( 5) acres of land more particularly shown on TPPE1t GATEWOOD P.C. ATTORNEYS AT LAW 0 WEST LAMAR STREET Exhibit ' A" hereto. For purposes of this intergovernmental contract, the activities to be performed rm by the Development Authority under this intergovernmental contract shall POST OFFCE BOX 488 ERCUS. GEORGA Rk :( 229) moiled=( 229) Page 2 152

56 be included in the definition of those activities defined as a " project" as more particularly set out in O. C.G.A (6). 2. As part of the consideration for the performance of such services on behalf of Lee County as aforesaid, Lee County shall, and does hereby, agree to convey, by limited warranty deed, certain real property to the Development Authority, such real property being more particularly shown on Exhibit " A" hereto. Such real property shall be used in connection with the economic development activities of the Development Authority in such manner and for such purposes as the Development Authority, acting through its Board of Directors, deems appropriate and otherwise authorized under Georgia law. The Development Authority, at its sole cost and expense, shall cause the real property shown on Exhibit" A' hereto to be surveyed by a licensed surveyor authorized to do business in Georgia. The survey shall be subject to approval by both parties, and upon such approval, the legal description provided as a result of such survey shall be used as the legal description of the five ( 5) acres to be conveyed to the Development Authority hereunder. 3. As part of the consideration for this intergovernmental contract, the Development Authority shall provide periodic reports, at such time or times as may be requested by Lee County concerning the Development Authority' s economic development activities in Lee County which are undertaken either pursuant to this intergovernmental contract or pursuant to the provisions of Georgia general law GATEWOOD P.C. ATTORNEYS ATTORNEYS NRSATL ATAW 0 WEST LAMAR STREET relating to development authorities. Such periodic reports may be presented either orally or in writing, or both, as requested by Lee County. POST OFFCE BOX 488 ERCUS. GEORGA fekyhum:( 229) Facsimile,( 229) Page 3 153

57 4. Any net proceeds from the sale or lease by the Development Authority of the real property described on Exhibit " A" hereto shall become the property of the Development Authority and shall be used in connection with the economic development activities of the Development Authority as authorized pursuant to this intergovernmental contract and Georgia law. 5. This intergovernmental contract shall be governed by and construed in accord with the laws of the State of Georgia. 6. This intergovernmental contract shall become effective as of the date first above written and shall expire by its terms on that date which is ten ( 10) calendar years from the effective date hereof; provided, however, that nothing herein shall be construed to prohibit the parties from extending or shortening the term of this intergovernmental contract by mutual consent during the term hereof as long as such extension does not violate the provisions of the Georgia Constitution relative to limiting intergovernmental contracts to terms of no more than fifty (50) years. 7. No modification of this intergovernmental contract shall be binding unless the same is reduced to writing and signed by all parties to this intergovernmental contract. No representation, promise, or inducement not included in this intergovernmental contract shall be binding upon any party hereto. 8. This intergovernmental contract was approved by the parties hereto at open meetings of their respective governing bodies held in accord with the Georgia GATEWOOD PPER& RA 4BO, P.C. ATTORNEYS AT LAW 3 WEST LAMAR STREET Open Meetings Act. POST OFFCE BOX 488 ERCUS, GEORGA ekpho.:( 229) Ysimik:( 229) Page 4 154

58 N WTNESS WHEREOF, the undersigned have set their hands and affixed their seals effective the day and year first above written. The Board of Commissioners of Lee County, Georgia Unofficial Witness By: Chairman Notary Public Attest: County Clerk Lee County Development Authority Unofficial Witness By: Chairman Notary Public Attest: Secretary GATEW000 PPER& RAMBO, P.C. ATTORNEYS AT LAW O WEST LAMAR STREET POST OFFCE BOX 488 ERCUS, GEORGA elephant:( 229) attimi4:( 229) Page 5 155

59 Dm O Z NO O 5 + i i- o o F Q m frtgssy JCLi A), md m0 y N 1' i n t.' ftr- ' rc O 1. s fi r r ' r m a L7i 1 ''''. ja s?, m 01 0) 00a Y! D 0 m N Go D no U 4o tm rn X r- o vo ttj o 0Z G o O 1TT^ J cj a ate^ -` M r c1r O Z t, f 9 iiip31 n c mz j x