TERRELL COUNTY BOARD OF COMMISSIONERS REGULAR MEETING DATE: JUNE 3, 2015 TIME: 8:30 AM PLACE: TERRELL COUNTY GOVERNMENTAL BUILDING PRESENT: BO HAMBY, GINA WEBB, BILLY MCCLUNG, PASTOR F. L. JONES, FREIDA BOYLES, ED DUSKIN, DARLENE PAUL, SONNY HOOKS, NICK MCGHEE, ATONYA JORDAN, SHAQUANNA JESSIE, ROBERT MOTLEY, BOB LEE, PEGGY H. PRITCHARD, MARK SAJER, JOE BOSTICK, JR., TIM SHIVER, PHONSO DONALDSON, ED COLLIER AND BETH PARNACOTT. COMMISSIONERS PRESENT: CHAIRMAN WILBUR GAMBLE, VICE-CHAIRMAN BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND CRIS WEBB. CALL TO ORDER: CHAIRMAN GAMBLE PRAYER: PASTOR FREDDIE JONES APPROVAL OF AGENDA: ED COLLIER STATED THAT THE APPROVAL OF THE RESOLUTION SHOULD BE TO ESTABLISH HOME RULE FOR TELECOMMUNICATIONS BUSINESS IN TERRELL COUNTY. MOTION TO APPROVE THE AGENDA WITH THE CHANGE OF RESOLUTION TO ESTABLISH HOME RULE FOR TELECOMMUNICATIONS BUSINESS IN TERRELL COUNTY WAS MADE BY BRAD STAFFORD AND SECONDED BY LUCIUS HOLLOWAY. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND CRIS WEBB. MOTION CARRIED. APPROVAL OF MINUTES: MOTION TO APPROVE THE MINUTES OF MAY 6, 2015 REGULAR MEETING WITH NO CHANGES WAS MADE BY BRAD STAFFORD AND SECONDED BY ERNEST JOHNSON. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND CRIS WEBB. MOTION CARRIED. QUESTIONS ON PRIOR MINUTES: NO QUESTIONS CHAIRMAN’S REPORT: NOTHING TO REPORT TREASURER’S REPORT: PHONSO DONALDSON PRESENTED THE TREASURER’S REPORT FOR MAY 2015. MOTION TO APPROVE THE MAY 2015 TREASURER’S REPORT WAS MADE BY BRAD STAFFORD AND SECONDED BY ERNEST JOHNSON. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND CRIS WEBB. MOTION CARRIED. CLERK’S REPORT: BETH PARNACOTT PRESENTED THE BANK BALANCES AND EXPENDITURES FOR MAY 2015. CHANGE JULY MEETING DATE: CLERK REQUESTED THE BOARD APPROVE TO HAVE THE JULY 2015 MEETING ON JULY 8, 2015 INSTEAD OF JULY 1, 2015. MOTION TO SET THE JULY 2015 MEETING DATE FOR JULY 8, 2015 INSTEAD OF JULY 1, 2015 WAS MADE BY BRAD STAFFORD AND SECONDED BY ERNEST JOHNSON. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND CRIS WEBB. MOTION CARRIED. EMS – 911 REPORT: BO HAMBY REPORTED FOR THE MONTH OF MAY 2015 911 ANSWERED A TOTAL OF 555 CALLS, 215 EMS RELATED, 126 PATIENTS TRANSPORTED, 89 PATIENTS NOT TRANSPORTED, 55 CALLS FOR TERRELL COUNTY SHERIFF’S DEPARTMENT, 98 CALLS FOR DAWSON POLICE DEPARTMENT, 0 CALLS FOR DAWSON FIRE DEPARTMENT, 4 CALLS FOR TERRELL COUNTY FIRE DEPARTMENT, 183 CALLS FOR PUBLIC ASSISTANCE AND DEPOSITS IN THE AMOUNT OF $32,802.94. EXTENSION SERVICE REPORT: NICK MCGHEE REPORTED ON THE ACTIVITIES OF THE 4-H AND EXTENSION SERVICE DURING THE MONTH OF MAY 2015. CHAMBER OF COMMERCE: GINA WEBB REPORTED ON THE ACTIVITIES OF THE CHAMBER OF COMMERCE DURING MAY 2015. GINA WEBB INTRODUCED THE NEW FAMILY CONNECTIONS COORDINATOR TONYA JACOBS. MS. JACOBS FILLED THE POSITION VACATED BY MARGARET HALBROOK. WARDEN’S REPORT: NOTHING TO REPORT. ROAD SUPERVISOR REPORT: CLERK ADVISED THAT THE 2010 CATERPILLAR LEASE WILL EXPIRE AUGUST 25, 2015 AND THE BOARD NEEDS TO DECIDE IF THEY WANT TO BUY THE MOTORGRADER FOR $138,000.00 OR TAKE BIDS FOR A NEW MACHINE. THE BOARD INSTRUCTED THE CLERK TO PLACE THE ITEM ON THE JULY 2015 AGENDA FOR A DECISION. COURTHOUSE WINDOWS: BOARD ASKED BILLY MCCLUNG IF HE HAD ANY IDEA WHAT IT WOULD TAKE TO REPAIR THE COURTHOUSE WINDOWS. SOME OF THE WINDOWS ARE ROTTING AND ABOUT TO FALL OUT. BOARD DIRECTED THE CLERK TO ADVERTISE FOR BIDS FOR REPAIRS TO THE COURTHOUSE WINDOWS TO BE OPENED AT THE JULY 8, 2015 MEETING.SHERIFF’S REPORT: SHERIFF BOWENS GAVE THE COMMISSIONERS A WRITTEN REPORT. RECREATION DEPARTMENT: NO REPORT. 9:00 AM – BID OPENING FOR 2015 LMIG PROJECT SUPERVISOR: ONE BID WAS RECEIVED FROM JAMES ELDER D/B/A CONSTRUCTION ENGINEERS, INC., IN THE AMOUNT OF $6,200.00. MOTION TO ACCEPT THE BID FROM JAMES ELDER D/B/A CONSTRUCTION ENGINEERS, INC., IN THE AMOUNT OF $6,200.00 FOR 2015 LMIG PROJECT SUPERVISOR WAS MADE BY BRAD STAFFORD AND SECONDED BY ERNEST JOHNSON. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND CRIS WEBB. MOTION CARRIED. DELINQUENT GARBAGE ASSESSMENT REPORT: SANDRA O’STEAN SENT A WRITTEN REPORT. DELINQUENT ADVALOREM TAXES FORGIVENESS OF INTEREST AND PENALTIES: NO REQUEST. APPROVAL OF A RESOLUTION AUTHORIZING TERRELL COUNTY TO ESTABLISH HOME RULE TO PROVIDE AND CHARGE FEES FOR TELECOMMUNICATIONS SERVICE. MOTION TO APPROVE THE RESOLUTION TO ESTABLISH HOME RULE IN TERRELL COUNTY TO PROVIDE AND CHARGE FEES FOR TELECOMMUNICATIONS SERVICE AND AUTHORIZE CHAIRMAN GAMBLE TO SIGN THE RESOLUTION WAS MADE BY BRAD STAFFORD AND SECONDED BY LUCIUS HOLLOWAY. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND CRIS WEBB. MOTION CARRIED. CRITERIA TO BE APPOINTED TO THE DFCS BOARD BY SENATE BILL 138 AND REAPPOINTMENT OF SHANE BELL TO THE DFCS BOARD: BOB LEE, DFCS DIRECTOR FOR TERRELL COUNTY EXPLAINED THAT HB 138 HAS SET NEW CRITERIA FOR APPOINTMENTS TO THE DFCS BOARD. MR. LEE EXPLAINED THAT SHANE BELL’S TERM WILL EXPIRE JUNE 30, 2015 AND THAT MR. BELL SERVES ON A CHURCH COMMITTEE. BECAUSE OF HIS SERVICE ON THE CHURCH COMMITTEE HE CAN BE CONSIDERED QUALIFIED TO SERVE ON THE DFCS BOARD AS A LEADER IN A FAITH BASED COMMITTEE. MOTION TO REAPPOINT SHANE BELL TO SERVE A FIVE YEAR TERM ON THE DFCS BOARD BEGINNING JULY 1, 2015, WAS MADE BY BRAD STAFFORD AND SECONDED BY LUCIUS HOLLOWAY. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND CRIS WEBB. MOTION CARRIED. REAPPOINTMENT OF DIANE WIMES TO THE ALBANY AREA COMMUNITY SERVICE BOARD D/B/A ASPIRE BHDD SERVICES BEGINNING JULY 1, 2015 AND ENDING JUNE 30, 2018: MOTION TO REAPPOINT DIANE WIMES TO SERVE ON THE ALBANY AREA COMMUNITY SERVICE BOARD D/B/A ASPIRE BHDD SERVICES FOR A THREE YEAR TERM BEGINNING JULY 1, 2015 AND ENDING JUNE 30, 2018 WAS MADE BY ERNEST JOHNSON AND SECONDED BY LUCIUS HOLLOWAY. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND CRIS WEBB. MOTION CARRIED. REAPPOINTMENT OF LEE GEER TO THE TERRELL COUNTY LIBRARY BOARD OF TRUSTEES FOR A THREE YEAR TERM: MOTION TO REAPPOINT LEE GEER TO THE TERRELL COUNTY BOARD OF TRUSTEES FOR A THREE YEAR TERM BEGINNING JULY 1, 2015 AND ENDING JUNE 30, 2018 WAS MADE BY BRAD STAFFORD AND SECONDED BY CRIS WEBB. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND CRIS WEBB. MOTION CARRIED. LIBRARY ROOF: BRAD STAFFORD UPDATED THE BOARD ON THE STATUS OF THE LIBRARY ROOF. COMMISSIONER STAFFORD SAID THAT GERALD GREENE IS WORKING WITH THE LEGISLATURE TO PROVIDE FUNDING FOR THE REPLACEMENT OF THE LIBRARY ROOF AND THE MOBILE CREW FROM DEPARTMENT OF CORRECTIONS WILL DO THE WORK. IT WILL BE SLOW PROCESS AND EVERYONE WILL HAVE TO BE PATIENT. 9:17 CHAIRMAN GAMBLE RECESSED THE MEETING UNTIL 9:30. 9:30 AM PUBLIC HEARING: CONSIDERATION OF THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMISSION, DEVELOPMENT AUTHORITY OF TERRELL COUNTY, TERRELL COUNTY TAX COMMISSIONER, TERRELL TAX ASSESSOR AND FIRST SOLAR DEVELOPMENT, LLC CONCERNING THE CONSTRUCTION OF A SOLAR PLANT IN TERRELL COUNTY, PROPERTY TAX SAVINGS INCENTIVES CONCERNING THE SAME AND ABATEMENT OF TAXES ON SAID PROPERTY. CHAIRMAN GAMBLE ANNOUNCED THAT IT IS A MOOT POINT TO HAVE THE PUBLIC HEARING BECAUSE THE TERRELL COUNTY DEVELOPMENT AUTHORITY VOTED AGAINST ENTERING INTO THE MEMORANDUM OF UNDERSTANDING BY A VOTE OF 5 TO 3. BRAD STAFFORD ASKED WHAT HAD CHANGED FROM THE LAST TIME WHEN THE DEVELOPMENT AUTHORITY VOTED TO APPROVE THE MEMORANDUM OF UNDERSTANDING (MOU)? CHAIRMAN GAMBLE EXPLAINED THAT THE PROJECT WAS NOT APPROVED BY GEORGIA POWER, AND FIRST SOLAR DID NOT MEET THE REQUIREMENTS OF THE ORIGINAL MEMORANDUM OF UNDERSTANDING, AND IT HAD EXPIRED. CHAIRMAN GAMBLE SAID THAT ACCORDING TO LAW THE DEVELOPMENT AUTHORITY MUST APPROVE THE MEMORANDUM OF UNDERSTANDING BEFORE IT CAN BE BROUGHT BEFORE THE BOARD OF COMMISSIONERS. LUCIUS HOLLOWAY AND BRAD STAFFORD EXPRESSED THEIR DESIRE FOR THE PUBLIC TO BE ALLOWED TO SPEAK. CRIS WEBB STATED THAT HE IS NOT AGAINST THE SOLAR FARM BEING BUILT, HE IS AGAINST GIVING TAX ABATEMENTS. JOE BOSTICK, CHAIRMAN OF THE PLANNING AND ZONING BOARD IN MITCHELL COUNTY SPOKE IN FAVOR OF TERRELL COUNTY APPROVING THE SOLAR FARM AND GIVING TAX ABATEMENT. MARK SAJER WITH FIRST SOLAR SPOKE ON THE ADVANCES THAT FIRST SOLAR HAS MADE SINCE LAST YEAR CONCERNING THE ENVIRONMENTAL STUDIES AND STATED THAT FIRST SOLAR WILL CONTINUE TO TRY AND RECEIVE APPROVAL FROM GEORGIA POWER. MR. SAJER ASKED THE COMMISSIONERS TO VOTE TO ACCEPT THE TERMS OF THE MOU. BRAD STAFFORD STATED THAT HE WOULD LIKE TO SPEAK. HE URGED CHAIRMAN GAMBLE TO SEEK OUT THOSE PEOPLE THAT HAVE A PROBLEM WITH TAX ABATEMENTS. WHEN YOU TALK TO THEM ASK THEM IF THEY HAVE A GATE CARD, WHEN THEY GO TO THE TRACTOR COMPANY AND PURCHASE A TRACTOR OR IMPLEMENT THEY PULL THAT GATE CARD OUT AND USE IT THEY DON’T PAY ANY TAX. IF THEY HAVE A PROBLEM WITH TAX ABATEMENT THEN THEY NEED TO PUT THAT CARD IN THE SHREDDER AND THEY NEED TO WRITE A CHECK FOR THE TAX ON THAT EQUIPMENT. ASK THESE PEOPLE IF THEY HAVE LAND ENROLLED WITH DARLENE, WHEN WE LEAVE HERE DARLENE, ALL THESE PEOPLE THAT HAVE A PROBLEM WITH TAX ABATEMENT NEED TO SEE YOU AND TAKE THEIR LAND OUT OF PREFERENTIAL TREATEMENT BECAUSE THEY DON’T LIKE TAX ABATEMENTS. THESE PEOPLE THAT ARE SO CRITICAL OF THESE TAX ABATEMENTS ARE THE VERY ONES THAT ARE GETTING TAX ABATEMENTS. THESE GENTLEMEN WALKED INTO OUR COMMUNITY SEVERAL MONTHS AGO WITH A SUITCASE CARRYING EIGHT MILLION DOLLARS AND THEY PUT IT ON THE TABLE. MEMBERS OF OUR EDA, MEMBERS OF OUR CHAMBER, MEMBERS OF OUR ZONING BOARD, MEMBERS OF OUR COUNTY COMMISSION HAVE DONE NOTHING BUT WHAT CHRIS CLARK TOLD US LESS THAN THIRTY DAYS AGO THAT WE CANNOT DO IF WE WANT TO GROW THIS COUNTY AND GROW OUR ECONOMIC BASE. WE JUST PUT UP BARRIERS. PUT UP FENCES, WHEN THEY TEAR THIS FENCE DOWN LET’S BUILD ANOTHER FENCE TO STOP THEM. ERNEST JOHNSON SAID THAT WHETHER WE WANT TO OR DON’T WANT TO REALIZE THAT SOLAR IS COMING WITH OR WITHOUT OUR APPROVAL. WE CAN RECEIVE THIS MONEY OR SOMEONE ELSE WILL RECEIVE THIS MONEY. EVERYWHERE I HAVE GONE IN THE LAST TWELVE MONTHS, IF THERE ISN’T A SOLAR SYSTEM THERE ALREADY, THERE IS ONE BEING BUILT. HERE AT HOME, THERE IS ONE BUILT ON OLD MILL ROAD. PEGGY PRITCHARD STATED THAT THE SOLAR FARMS THAT HAVE BEEN BUILT IN TERRELL COUNTY ARE PAYING THEIR TAXES. THEY HAVE NOT ASKED FOR TAX ABATEMENT. BRAD STAFFORD SAID THAT THOSE ARE NOT 8 MEGA WATT SYSTEMS AND YOU CAN’T BUILD AN 8 MEGA WATT SYSTEM AND BE COMPETITIVE WITHOUT TAX ABATEMENTS. AGAIN THESE PEOPLE THAT WANT TO TALK AGAINST TAX ABATEMENT NEED TO GO SEE DARLENE AND TAKE THEIR LAND OUT OF TAX COMPENSATION, TAKE YOUR LAND OUT WILBUR T. GAMBLE, TAKE IT OUT. QUIT USING YOUR GATE CARD. MR. CHAIRMAN I OFFER A MOTION THAT THIS COUNTY COMMISSION SUPPORT THIS PROJECT AND THIS COUNTY COMMISSION DEFENDS THIS MEMORANDUM OF UNDERSTANDING, I MAKE A MOTION THAT WE ENTER INTO THIS AGREEMENT TO EXTEND THIS MOU AND THAT THE COUNTY COMMISSIONERS DO EVERYTHING IN OUR POWER TO SEE THIS PROJECT TO FRUITION, LUCIUS HOLLOWAY SECONDED THE MOTION. CRIS WEBB STATED THAT HE SPOKE TO GEORGIA POWER AND THEY ARE BEING REQUIRED BY THE PUBLIC SERVICE COMMISSION TO BUY SO MANY MEGAWATTS PER YEAR FROM SOLAR FARMS. THEY THINK THIS IS A FAD THAT WILL DIE OUT IN ABOUT FIVE YEARS. CHAIRMAN GAMBLE SAID THAT WHEN YOU MADE THIS MOTION YOU ARE SUPPORTING THE DEVELOPMENT AUTHORITY. THEY HAVE ALREADY VOTED. IF YOU WILL PUT ALL THOSE THINGS THAT YOU SAID ABOUT THE GATE CARD AND THE FARMERS, PUT IT IN THE DAWSON NEWS AND I WILL PAY FOR IT. COMMISSIONER STAFFORD SAID THAT HE DOES NOT HAVE A PROBLEM WITH THE GATE CARD, I HAVE A PROBLEM WITH YOU SAYING YOU HAVE A PROBLEM WITH TAX ABATEMENT, BUT YOU USE A GATE CARD AND YOU HAVE LAND IN CONSERVATION USE. I WILL BE GLAD TO PUT THAT IN THE PAPER. PEGGY PRITCHARD SAID THAT FARMERS PAY MORE TAXES IN THIS COUNTY THAN ANYONE ELSE. ANY TIME YOU GIVE TAX ABATEMENTS IT FALLS BACK ON THE TAXPAYERS. BRAD STAFFORD SAID THAT IS THE SECOND TIME SOMEONE HAS TWISTED MY WORDS. I WANT EVERYONE TO UNDERSTAND THAT I HAVE SOME GOOD FARMER FRIENDS THAT SUPPORT THIS PROJECT. THE DIFFERENCE BETWEEN THEM AND WILBUR GAMBLE IS THEY SUPPORT TAX ABATEMENTS AND THEY GET TAX ABATEMENTS. PEGGY PRITCHARD SAID THAT CONSERVATION LAND IS NOT A TAX ABATEMENT. WHEN THE PROPERTY GOES INTO THOSE PROGRAMS IT IS NOT THE SAME AS TAX ABATEMENT. SONNY HOOKS TOLD BRAD STAFFORD THAT HE IS ON THE DEVELOPMENT AUTHORITY, I VOTED AGAINST THE PROJECT THIS TIME. I VOTED FOR THE PROJECT THE FIRST TIME, BUT SINCE THEN THE DEAL IS LIKE A BITE FROM AN APPLE, THE SECOND BITE IS NOT AS SWEET AS THE FIRST BITE WAS. I TAKE OFFENCE TO YOU SAYING THAT PEOPLE GO TO THE TRACTOR PLACE AND PULL OUT A GATE CARD, I DO NOT HAVE A GATE CARD, I AM NOT A FARMER. I DON’T HAVE ANY LAND IN THE CONSERVATION USE PROGRAM. ALL OF THE MEMBERS ON THE DEVELOPMENT AUTHORITY COME FROM DIFFERENT WALKS OF LIFE. THE MAJORITY OF THE BOARD THAT WAS THERE VOTED TO NOT ACCEPT THE MOU AS IT WAS PRESENTED TO THEM. I SAY TO THESE FOLKS, BRING A BIGGER SUITCASE. THAT MOU IS NOT TO THE FULL BENEFIT OF THE COUNTY. CHAIRMAN GAMBLE CALLED FOR THE VOTE. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY AND ERNEST JOHNSON. CRIS WEBB WAS OPPOSED TO THE MOTION. MOTION CARRIED. CHAIRMAN GAMBLE REQUESTED THE RECORD TO SHOW THAT FOR THE FIRST TIME IN 46 YEARS I HAVE HAD A COMMISSIONER MAKE A STATEMENT THAT HE IS OPPOSED TO THE FARMERS OF TERRELL COUNTY. BRAD STAFFORD SAID THAT IS NOT WHAT HE SAID. CHAIRMAN GAMBLE SAID THAT IS EXACTLY WHAT YOU SAID. CHAIRMAN GAMBLE ASKED FOR A MOTION TO ADJOURN THE MEETING. MOTION TO ADJOURN THE MEETING WAS MADE BY ERNEST JOHNSON AND SECONDED BY CRIS WEBB. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND CRIS WEBB. MOTION CARRIED.