AGENDA

and

MINUTES



REGULAR MEETING, BOARD OF COMMISSIONERS,

GLYNN COUNTY, GEORGIA, HELD THURSDAY

MAY 2, 1995, AT 6:00 P.M.



PRESENT: Jack Hardman, Chairman

Milton Lynn, Vice Chairman

Commissioner, Virginia Gunn Commissioner, Gladys Martin-Lyde

Commissioner, James E. "Sonny" Miller

Commissioner, Robert E. Strickland

Commissioner, Fred Tullos



ALSO PRESENT: Lee Gilmour, County Administrator

Gary Moore, County Attorney

Pamela J. Barton, County Clerk



STAFF PRESENT: Chief Carl Johnson

Dan Reuter

Ray Richard

Charles Lewis

Cynthia Williams

Dave Bandy

Robert Benson

Lt. Hopper

INVOCATION

PLEDGE OF ALLEGIANCE TO THE FLAG



POINT OF PRIVILEGE



Mr. Moore stated that Allied Signal wished to address the Board regarding a gift item. Mr. Gilbert spoke on behalf of Allied signal and stated that a representative of Allied Signal would be addressing the Board. He set forth that they had learned that the County needed to know more about the LCP site. He stated that a tour of the site had been arranged with Mr. Moore and Commissioners Strickland and Lynn. He stated that a short presentation would be given with respect to what Allied signal had done and intended to do with respect to the site. He stated that there were other representatives from various agencies there also. Mr. Gilbert then introduced Mr. Tisdale.



Mr. Tisdale stated that he was the attorney representing Allied Signal. He stated that there had been some recent developments at the site. He encouraged County representatives to ask questions and to contact the parties involved. He stated that EPA, Allied Signal, ARCO and Georgia Power had recently reached an agreement on the work that would be done with respect to the site in the removal phase. He stated that the first priority was to prevent anything further from going into the marsh. He stated that excavation and burning of material would take place, the material would then be characterized and removed from the site for disposal. He stated that there was an agreement involving that work. He stated that there was another part to the process, the investigation to determine the extent of contamination to the ground water and marsh and to study both to see what remedies should be considered. He stated that this was underway and that further negotiations would be taking place with respect to the contract. He stated that there were representatives from Allied and EPA to answer questions.



Commissioner Gunn asked when they expected to start taking material off site?



Mr. Paul Peronard answered this question and stated that the date would be no later than September 15, but hopefully sooner.



Commissioner Gunn then asked if something happening in Washington would have an effect on the clean up? Like if they get rid of the EPA? Will we be stuck with this stuff?



Mr. Peronard stated that the funding would last until the end of fiscal year 1996. He stated that he could not control Congress with respect to law and funding.



Commissioner Gunn asked about the Land Disposal Restriction Variance?



Mr. Peronard responded that this only covered some of the mixed waste with Mercury, PCB's and organic material in it. He stated that some materials would have to be treated at the site and shipped off.



Commissioner Gunn asked if this variance would have to be applied for?



Mr. Peronard responded that the variance itself would be submitted to the regional manager in Atlanta for approval. He stated that he did not expect to have any problems obtaining the variance at the regional level.



Commissioner Strickland asked if there was asbestos at the site.



Mr. Peronard stated that there was some asbestos in the buildings themselves and that it would have to be removed and shipped out.



Chairman Hardman then stated that Paul and his predecessor had been there to inform the Commission. Chairman Hardman stated that the Board would like to hear from him on a monthly basis. Chairman Hardman asked about a loud noise. It was determined that the Wildlife people had asked that these noisemakers be enacted at the site to keep the birds away. However, these only went off after dark when the birds were not flying.



Mr. Gilbert stated that Allied representatives had met with Dr. Brooks Taylor and that Allied had pledged to help the County any way that they could. Mr. Gilbert stated that the Company had learned that the dollars were needed by the Health Department for research with respect to human concerns. Mr. Gilbert stated that he had heard that $30,000 had been the amount mentioned and that he and Allied felt that the amount of $30,000 was workable, but asked that the definite amount not be specified until they had a chance to speak to Dr. Brooks Taylor.



Chairman Hardman then asked if there were any strings attached.



Mr. Gilbert then stated that he did not know of any strings that would be attached to Allied's contribution of this amount.



Chairman Hardman thanked Mr. Gilbert for his presentation.



Sheriff's Presentation



Deferred to a later meeting.



Discussion of Process for Road Improvement Permitting



Mr. Gilmour presented this matter and stated that questions had been asked regarding the role of the County Engineer in reviewing site plan developments re: subdivisions and building permits for commercial sites.



Mr. Gilmour stated that that process and review was handled by the County Engineer's office and he decides relative to safety and protection of County assets. One of the major issues that came up for discussion was the fact that concern was expressed with requirements needed with respect to County assets. Mr. Gilmour has discussed this with Mr. Richard.



He suggested two different courses of action:



1. Board reaffirmed the process that what it done has to meet safety standards and falls in the best interest in the future use of traffic flow would be, this would involve the DOT. The policy implications stated that improvements could be made without Board approval.



2. Board should review or be made aware of any improvements then building permits or subdivision review would be delayed to the next Board meeting; or a decision could be made that may have political implications (i.e. the Board did it as a favor to a certain group).



Mr. Gilmour stated that there were pluses and minuses in both directions. If the current policy remained Mr. Gilmour stated that a set of criteria be used with respect to the engineering office and a follow-up report would be sent to the Board to let them know that a turn lane was being installed. This would be provided on an informational basis with subdivisions being approved by the Planning Commission and building permits being issued by staff.



The second avenue would be that these matters would come to the Board. This would not be driveway review, it would be physical changes to any County right-of-way under the Board's control. If the Board felt that the issue needed to be reviewed the procedure could be changed allowing for the review.



Chairman Hardman stated that many people felt that they were caught by surprise on the Smile Gas issue. He asked Mr. Richard if the Board had approved this? Mr. Richard responded that the Board had not approved this because it was not required.



Mr. Richard started that the two approved turn lanes by Barnett and Shaws Bounty were delayed. It was a different matter.



Commissioner Gunn then stated that The Chamber of Commerce had approached her regarding having the turn lanes done on Frederica Road. She stated that she made the motion but wanted to have Public Hearings to see what the people felt about the turn lanes. More people did not want the turn lanes than did want them. The Chamber then came before the Board and it was negotiated that Barnett and Shaws Bounty be done. Mr. Flanagan came back and said that the two turn lanes would be too much money, let's wait until fall and do all of the turn lanes at once. Then this issue occurred. The residents of the Island stated that they didn't want three lanes, and now there might possibly be four lanes. The residents did not want it and neither did Smile Gas.



Chairman Hardman stated that Demere and Frederica Road are sensitive areas and this should be considered.



Gilmour stated that he felt this was a policy issue and he did not want things confused. He stated that the Smile Gas issue for Thursday was a review of an existing requirement.



Chairman Hardman stated that if changes were going to be made in sensitive areas that people should be made aware of it prior to the change.



Mr. Davenport stated that the point that Mr. Gilmour made regarding analyzing policy was important. Mr. Davenport stated that the public should have knowledge but did not want the Board to slow things down to a snail's pace and staff should be allowed to do their job. He stated that the staff was responsible for the safety of the residents and that staff should be responsible for keeping the Board apprised of their decisions. He felt that the Board's involvement would end up in increased costs to residents of the County.



Chairman Hardman stated that a change from two lane to four lane would not be considered micromanagement.



Commissioner Gunn stated that Mr. Richard was not an elected official, Mr. Gilmour and Mr. Davenport were not elected to office and she was the one who had to take the hits for these actions. She stated that people who go to the town hall meetings think the Board respects their feelings. She stated that the meetings would not be held if no one listened to what was said. She stated that Mr. Richard had set forth at a town hall meeting that he was not a safety engineer. She also stated that she had a duty to maintain the ambiance of the Island as long as possible for her constituents.



Mr. Davenport stated that when making revisions to policy the role of staff should be defined.



Commissioner Gunn asked if there was a way to have a bond so the Board could go back at a later date and do it.



Mr. Davenport stated that this was additional expense once again and nothing would get done.



Mr. Moore stated that the bond assured future completion of the project.



Commissioner Tullos stated that the original recommendation of Mr. Gilmour was to get recommendations from staff for the Board to review.



Motion by Commissioner Tullos that the Board get recommendations from staff to hopefully balance property rights, allow staff to operate within established parameters and be sensitive to sensitive areas, second by Commissioner Gunn. Unanimous.



Approval of Minutes - moved to Thursday



Personnel Committee Recommendations



Approve the request of the Tax Commissioner to change the FLSA status of her Administrative Secretary from "W" (Personal Staff) to "N" (Non-exempt) retroactive to January 1, 1995, the cost of which is to be included in the budget for the Tax Commissioner's Office. (Vote 3-0)



Authorize the Personnel Director to identify other Administrative Secretary positions that are classified as FLSA exempt for possible reclassification in next fiscal year's budget as FLSA non-exempt, retroactive to January 1, 1995, with approval of hiring authority. (Vote 3-0)



Recommend that the request of the District Attorney's office for 2 investigators (POST Certified law enforcement officers) be considered in next fiscal year's budget as FLSA Exempt Salary Grade 18 ($24,294.40) as long as it does not increase taxes, (Vote 3-0)



Refer to Finance Committee the request of the Building Official for a travel allowance of $1500 for the Sr. Building Inspector beginning July 1, 1995. (Vote 3-0)



Refer to the Pension Administration Committee a recommendation that P.O.S.T. certified Deputy Sheriffs, who have full arrest powers and who work on a daily basis as Peace Officers, be able to retire with full benefits at age 55 with 30 years of service. (Vote 3-0)



Authorize the County Administrator, Chief of Police and Personnel Director to develop a recommendation on Education Incentive Bonuses for further consideration by the Personnel Committee as its next meeting. (Vote 3-0)



Defer to the next Personnel Committee meeting the request of the Recreation Director to upgrade the position of Program Coordinator to Park Manager after obtaining more information. (Vote 3-0)





Finance Committee Recommendations



Recommend denial of Good Neighbors' request for a beach vendor site at no charge. (Vote 3-0)



Recommend denial of a request by the following persons for a refund of the $15.00 delinquent tag registration fees (Vote 3-0):



Mr. Michael E. Isaacson

Ms. Marina A. Duncan

Mr. David S. Hance

Ms. Loyda M. Hance

Ms. Melissa McSpadden.



Recommend that the staff modify the bid specifications and re-bid the project for the Bathhouse renovations at Blythe Island Regional Park. (Vote 3-0)



Recommend the bid be awarded to Vulcan Signs, Foley, Al in the amount of $7,326.40 for Traffic Signs/Pavement Markers for the Traffic Safety Engineering Department.

(Vote 3-0)



Recommend the bid be awarded to Harrison Uniforms, Jacksonville, FL in the amount of $11,611.30 for the Sheriff's Detention Center uniform purchase. (Vote 3-0)



Recommend the bids be awarded to the following: 1) World One Computers, St. Simons, GA, $17,243; 2) Southeastern Computers, Brunswick, GA, $32,160; 3) Technetronics, St. Simons, GA, $7,690; 4) Computerland, Savannah, GA, $391; 5) ACME Computers, Norcross, GA, $1,259; 6) Computer Clinic, Brunswick, GA, $690 for a total of $59,433 for various County Departments. (Vote 3-0)



Recommend the bid be awarded to First Responder Fire and Safety, Buford, GA, in the amount of $10,500 for Fire Safety Equipment. (Vote 3-0)



Recommend the bid be awarded to Environmental Exploration, Stockbridge, GA, in the amount of $18,300 for construction of groundwater monitoring wells at the Cate Road Landfill as part of the Landfill closure program. (Vote 3-0)



Recommend that the RFP presented by Lose and Associates at accepted at a cost not to exceed $8,000 for the canoe trail plan for Blythe Island Regional Park. (Vote 3-0)



Recommend that all Request for Proposal's received for legal services for the indigent be rejected and staff be authorized to reissue the Request for Proposal.



Recommend the option to renew the contract with Glynn Iron and Steel, Brunswick, GA be exercised for FY 95-96. (Vote 3-0)



Recommend that no change be made to the County Travel Policy. (Vote 3-0)



Recommend that Schell & Hogan, CPA's, Brunswick, GA be engaged to perform the County's audit for FY 94-95 at a cost of $57,631 and authorize the Chairman to sign the Engagement Letter dated April 19, 1995. (Vote 3-0)



Recommend entering into a one year subscription agreement with West Publishing Corporation at an annual cost of $1,795.50 with the funding from the County Attorney's Incentive Bonus. (Vote 3-0)



Mr. Moore stated that this was a subscription for a legal database service to replace the one currently being used and he stated that it would save $600 or $700 a year and was currently a budgeted item.



Recommend that staff pursue collection of the amount of taxes and penalties due under the County's Accommodation Tax Ordinance through the Magistrate Court. (Vote 3-0)



Recommend that staff pursue collection of the amount of taxes and penalties due under the County's Alcoholic Beverage Ordinance through the Magistrate Court. (Vote 3-0)

(This item was deferred to Executive Session on Thursday)



Mr. Moore asked that the item regarding the collection of taxes and penalties due under the County's Alcoholic Beverage Ordinance be deferred to Executive Session on Thursday.



Commissioner Lyde asked why she was listed as the sponsor on the travel policy revision. Mr. Lewis stated that this was a typing error, it should have been Commissioner Lynn.



Motion by Commissioner Strickland to approve, second by Commissioner Tullos. Unanimous.



COMMITTEE RECOMMENDATIONS



Finance Committee Recommendations



Recommend that $8,000,000 of Special Purpose Sales Tax Funds be transferred from the Local Government Investment Pool to Trust Company Bank (Vote 3-0)



Mr. Lewis stated that the current investment policy allows for the money to be reinvested. He stated that Trust Company's rate was ahead of the current investor and the money was going to be reinvested. He also stated that if the Government Pool began to have a higher yield the money could be moved.



Motion by Commissioner Lynn to approve, second by Commissioner Tullos. Unanimous. (Commissioner Gunn not present)



Recommend that the changes proposed to the County's Code of Ordinances with respect to the Water and Sewer Ordinance be adopted.



Commissioner Lynn stated that the Finance Committee wanted to bring this before the full Board.



Mr. Moore stated that the changes applied to land surveyors. He stated that they are allowed to draw and plat out certain drainage and water mains under the State law, the County Ordinance did not allow this and that has been revised, it also adds the provision that a complete set of hydraulic designs will have to be provided by a certified engineer and presented to the Board and the Water and Sewer Commission. The definition of Water and Sewer Commission in the Ordinance has been revised to refer to the Board of Commissioners, as the Water and Sewer Commission no longer exists.



Motion by Commissioner Lynn to approve, second by Commissioner Tullos. Unanimous.



Deferred from Committee to full Commission - Consider awarding a contract to perform fiber optics work for the Criminal Justice Computer System.



Mr. Gilmour presented this matter for consideration and stated that the Board had approved the criminal justice upgrade. TSG, Inc. was the approved vendor. He stated that the fiber optics lines also needed additional work. He stated that this would be for exterior fiber optics, he recommended Racal Datacom (underground) ($8,360.28) for safety. The second was for installation in the building, low bidder was recommended, Cable Consultants ($13,668.00). The third area was for fiber optic hardware and FM Associates ($14,230.00) was recommended. The total estimated cost for this year would be ($78,200.00). He recommended that this be approved, payment would not be due until after July 1, 1995.



Motion by Commissioner Lynn to approve, second by Commissioner Tullos. Unanimous.





Personnel Committee Recommendations



Authorize the Personnel Director to survey other counties of similar size about pension benefits available to County Commissioners. (Vote 3-0)



Mr. Bandy stated that the Pension Administration Committee requested this. Mr. Bandy said that he had asked permission to survey other counties to see if this service was provided to other Commissioners.



Commissioner Tullos stated that time should not be wasted on this. He felt the Board had not deserved it or earned it.



Commissioner Lyde stated that she had asked Mr. Bandy just to check on this because other County Commissioners were included on their County's pension plan.



Motion by Commissioner Strickland to approve Mr. Bandy looking into this, second by Commissioner Lyde. Commissioner Tullos opposed. Approved.



Approve new monthly COBRA rates for health care coverage of retired and former employees and their eligible dependents as follows, but not on a retroactive basis:



1995 (proposed) 1994 (current) Difference



Employee $145.28 $141.22 + $ 4.06

Dependent $160.85 $207.08 - $46.23

Family $306.13 $348.30 - $42.17



Commissioner Tullos asked if this was a 102% increase?



Mr. Bandy responded that this was not an actuarial it was done by the third party administrator based on a claims history.



Chairman Hardman asked if the costs were down for this year verses 93-94.



Mr. Bandy stated that the trend was flat.



Commissioner Tullos stated that $107,000 more had been paid out in health claims and that would be losing our shirt.



Mr. Bandy stated that these costs were estimated and then actual costs come in. He stated that theses costs were projected according to past claims history. The rate they established was higher than what actually occurred.



Commissioner Tullos asked how many were on COBRA.



Mr. Bandy responded that it was less than one dozen people. He also stated that with the offering of early retirement this figure might increase.



Commissioner Miller asked if this figure was changed every year?



Mr. Bandy stated that the figure was reviewed each year.



Commissioner Miller asked what would happen if we went in the hole?



Mr. Gilmour stated that these rates are adjusted every year, it we pay more these figures would be adjusted. The trend indicated that employees cost a lot more to cover. He stated that family coverage costs were going down. Mr. Gilmour stated that the rates would be adjusted. He stated that not that many dependents were covered on the insurance plan due to other options.



Mr. Bandy stated that the County rate was below other industries in the area.



Motion by Commissioner Strickland to approved, second by Commissioner Lyde. Commissioner Tullos opposed. Approved.



Recommend that current vacation policy remain unchanged, but on an exception basis, persons with accrued time will be allowed to use accrued vacation hours this calendar year; but after December 31, hours in excess of the policy limit will be forfeited. (Vote 3-0)



Commissioner Miller stated that this amount of time should be set forth on a person's pay stub.



Mr. Bandy verified that it was. He stated that each individual and the work force would be notified of this action by the Board.



Motion by Commissioner Strickland to approve, second by Commissioner Lyde. Unanimous.



Approve the request of Judge Manning to hire a Juvenile Court Officer at a lower salary grade (18) than is currently budgeted (20) FLSA Non-exempt, and to consider a proposed career track for Juvenile Court Officers during the budgeting process for the next fiscal year. (Vote 3-0)



Mr. Bandy stated that this was a cost reduction for the County. He stated that they wanted to hire someone with less experience at a lower grade.



Commissioner Lynn inquired about the career tracking portion of the request.



Commissioner Lyde stated that this was the career track system that had been set up in all departments.



Motion by Commissioner Strickland to approved, second by

Commissioner Lyde. Unanimous.



Approve the request of the Board of Elections to upgrade a temporary position of Clerk to Deputy Registrar, FLSA Non-exempt, Salary grade 7 B.



Mr. Bandy stated that this person had worked for them since 1987 at the same grade of pay. He stated that persons hired from the outside were paid more.



Motion by Commissioner Strickland to approved, second by Commissioner Lyde. Unanimous.



Approve the request of the current Sheriff for continued participation in the Glynn County, GA Defined Benefit Pension Plan retroactive to the date he assumed office, with retirement with full benefits at age 55 with 30 years of service. Future Sheriffs would become eligible after the beginning of a second term in office upon written request of the Sheriff to the Board of Commissioners. (Vote 3-0)



Mr. Moore stated that a future sheriff could also be from the County and that this should state that future sheriffs would be eligible after the beginning of the second term unless they have previously been employed by Glynn County.



Motion by Commissioner Strickland to approve after Mr. Moore has had a chance to revise the language, second by Commissioner Lyde. Unanimous.



Authorize the position of Clerk of State Court of Glynn County to be in the Glynn County, GA Defined Benefit Pension Plan after the beginning of a second term in office, with normal retirement at age 65, upon written request of the Clerk of State Court to the Board of Commissioners. (Vote 3-0)



Commissioner Lyde stated that Mr. Killian, who had originally requested this action had requested that this request be removed and not be considered.



Motion by Commissioner Strickland to keep this request, second by Commissioner Lynn. Commissioner Strickland for, all other Commissioners opposed. Motion fails.



Authorize counting hours worked on a holiday as "sweat time" for purposes of determining overtime pay under FLSA. (Vote 3-0)



Mr. Bandy stated that there were positions where people work a 24 hour shift. He stated that because not everyone works a regular shift and some work on holidays this would have to be clarified to comply with wage and hour standards. He asked that any hours worked count for overtime.



Mr. Gilmour stated that he did not feel the real issue had been stated here. Mr. Gilmour stated that the time an employee is paid for a holiday is what should be counted toward the sweat time, not the hours worked on a holiday.

He stated that the issue was that the person who doesn't work on the holiday but receives holiday pay, because they were not able to work on the holiday, loses 8 hours of pay toward the holiday. He recommended that the Board say for all job classifications that apply (non-exempt) holiday pay will count toward overtime. He also stated that the employee does not always have a choice over this.



Motion by Commissioner Strickland to approve holiday pay counting toward overtime for all job classifications where this applies (non-exempt), second by Commissioner Lyde. Unanimous.



Fire Chief Items



Chief Johnson stated that he had been requested by Southeastern Regional Hospital to provide a RFP on providing radiology and oncology transfers to the hospital.



Chief Johnson felt this would defer some of the costs of EMS services. He stated that this would have to be submitted by May the 12th.



Commissioner Miller asked if we were going against private industry on this.



Chief stated that the everyone could bid and that he had been requested to enter a bid by the hospital.



Mr. Gilmour stated that the argument could be made that it was in competition with private industry. He stated that the County bid would be self sufficient. No tax dollars would be involved.



Commissioner Miller asked if other people could hire other County employees for services.



Mr. Moore stated that the home rule ordinance would apply if the County would make money for this.



Commissioner Miller asked if this was being fair to the people who had gone into this business?



Commissioner Tullos stated that the County should not bid if this service would be at cost.



Chief Johnson said the County could be asked to do this anyway. He felt this service would help defer some of the costs.



Commissioner Miller asked the price of what the hospital charged for this service? Would our vehicles be going out of State.



Chief Johnson said the 911 units would not go anywhere but where they go now. He stated that he did have some reserve units that could be used for this.



Commissioner Miller stated that he felt nothing should be done that would just break even.



Motion by Commissioner Miller that the Fire Chief and Administrator prepare a proposal after conferring with the County Attorney regarding the home rule, second by Commissioner Tullos. (not acted on at this time)



Mr. Gilmour stated that if this would result in additional revenue that the County would not have time to meet this deadline. He stated that all expenses would have to be met, but we would not be making a profit. Mr. Gilmour stated that the County would be competing with the private sector.



Motion by Commissioner Miller that the Fire Chief and Administrator prepare a proposal after conferring with the County Attorney regarding the home rule, second by Commissioner Tullos. Unanimous.



Public Works Director



Mr. Flanagan thanked the Board for the approval of sweat time and holiday pay.



Mr. Flanagan stated that the ACCG meeting was very successful and that Glynn County was a gracious host. The meeting was a big success.



Water and Sewer Items



Mr. Benson stated that the breaker failed at the well pump at Harrington resulting in water problems on the Island.



He stated that Oak Street plans were being drawn, a survey had been prepared on Peachtree Street, the Frederica Road sketch had been prepared with respect to room for a replacement well and he would be taking a vacation to visit his 96 year old mother in Wisconsin.



Commissioner Items



Commissioner Gunn asked Mr. Gilmour about the drinking water Proclamation. The Clerk responded that it had been prepared.



Commissioner Gunn brought up the matter of abandonments. She stated that the fee had been raised to $500.00. She stated that people wanted to know if the Board would approve this before paying the fee. She stated that Wayne Hutcheson would be addressing the Board for this and added that this process would incur alot of additional time being spent by the Board. She stated that things could change during the process and then the Board would be confronted once again by people who stated that they had been told it was ok at an earlier date.



Chairman Hardman suggested that staff look into this.



Commissioner Gunn then brought up the matter of the new phone booths on the Island. She stated that according to the Casino Advisory Board single units were approved, but double pedestals had been installed. She also questioned the booth at the Demere Annex? The Board stated that had been improved. She wanted to know why double pedestals had been installed. Commissioner Gunn also stated that a booth had been installed in front of another phone.



Mr. Gilmour stated that these would result in a greater commission to the County. He said that more pay phones were needed and that these phones were for outgoing calls only.



Commissioner Gunn wanted to know why they put the double pedestal in when a single had been improved.



Staff to report on this at a future meeting.



Commissioner Gunn made a motion to eliminate birthday cakes at future meetings and that the Board have no more fun of any kind (No second the motion, the motion dies)



Commissioner Strickland asked Mr. Richard about the water service where the County was going to handle their own maintenance of the lines. Commissioner Strickland there was a subdivision on Crispen and the developer wanted to know where this stood. Mr. Powell stated that there was no problem because it was right on the line. Commissioner Strickland asked that the developer be given the go ahead on this and to treat this the same way we have the other subdivision.



Mr. Richard stated that this was Stately Oaks Subdivision. Mr. Richard stated that this had been approved several months ago and that this project could go forward. Mr. Richard stated that they would put the lines in underground. Mr. Richard stated that this should go ahead with what was originally approved.



Mr. Gilmour stated that this extension should be approved by the Board.



Mr. Moore stated that this was outside of the Franchise Area and that we should not approve this we should simply not object to this because this would give the City the Franchise rights they currently did not have.



Motion by Commissioner Strickland that the Board approve this with respect to Stately Oaks, that the County has no objections to the City providing water and sewer services and that the County reserves all of its rights to do so at a later time, second by Commissioner Lynn. Unanimous.



Commissioner Miller wanted to know about the LOST tax report. He stated that there was more information in the paper than the Board knew about. Commissioner Miller asked if this would come up in five years.



Chairman Hardman stated that he had met with the Mayor regarding the LOST tax. It was Chairman Hardman's feeling that the Mayor felt if the City did not act with respect to the LOST tax that it would remain like it was at a 70 - 30 ratio. Chairman Hardman stated that there was an extreme urgency involved with this. This tax would go away if the matter has not been renegotiated. The County would have an 80% tax increase, the City would have their taxes doubled. Chairman Hardman stated that in the past 70 years the City had done some things for the County. Chairman Hardman stated that present day items were greater. He told the City that the 70 - 30 split had been laid on the table and that the County was offering a better deal than the population split which would be 75 - 25. He asked the City to be cognizant of the fact that this was a better deal for the City. The Mayor stated that he would make every effort to report back at the Thursday meeting.



Mr. Moore stated that the loss of this would have to go back before the General Assembly to have this reinstated.



Commissioner Tullos asked if this could be approved under protest.



Mr. Moore stated that it could not be a temporary decision.



Motion by Commissioner Miller to offer the City a 65 - 35 split or enter binding arbitration, second by Commissioner Lyde. (Motion withdrawn)



Commissioner Tullos and Chairman Hardman asked that the Board wait until Thursday for a vote.



Commissioner Lynn stated that they had been offered a 70 - 30 split.



Motion withdrawn until Thursday by Commissioner Miller.



Commissioner Tullos brought up the matter of the public beach access at the King & Prince. Commissioner Tullos stated that someone had asked if a sign could be placed there stating that the walkway was a public walkway.



Mr. Moore stated that there was an Order from the Judge that the County maintain the status quo. Mr. Moore asked that the County refrain from placing a sign there.



Commissioner Tullos stated that he would be meeting with the City on Thursday morning to discuss the jail. Commissioner Tullos stated that he would report on this on Thursday.



Commissioner Strickland asked if the walkway between the buildings at the King & Prince still existed. The response was that the walkway was still there.



Meeting Adjourned.