Commission Minutes

DECEMBER 3, 2008 32ND DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Office at 1:38 p.m. with Ron
Herschend, Western Commissioner and Danny Strahan, Eastern Commissioner present
and the following proceedings were had and made a matter of record.

TEMPORARY PRESIDING

Clerk Neeley appointed Commissioner Herschend temporary Presiding
Commissioner per statute.

JOHN SOUTEE
SEWER UPDATE

John Soutee, Sewer District Administrator met with the Commission to discuss
various issues.

1. Ozark Beach project: Mr. Soutee brought the Commission the recommendation
from the Sewer Board to accept the bid as offered by LS&C Development
Services for the Ozark Beach project for $6,725,593 with an alternate addition of
$707,840 which may not be necessary.

Commissioner Herschend made a motion to approve the recommendation of the
board. Commissioner Strahan seconded the motion but suggested calling Commissioner
Pennel on the phone.

Commissioner Pennel entered the meeting at 1:42 p.m.

Commissioner Pennel stated that this was not posted and should probably be
posted for a vote. Commissioner Herschend made a motion to table until the 4th at 2:00
p.m. noting that he would not be available but was in support of the recommendation.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

2. Holiday Hills project: Mr. Soutee brought the Commission the recommendation
from the sewer board to accept the bid as offered by Tom Boyce for the Holiday
Hills project for $181,838.01. Commissioner Herschend made a motion to
approve the recommendation of the board. Commissioner Strahan seconded the
motion.

Commissioner Herschend noted his concern in that the next lowest bid was at
$260,000. Commissioner Herschend made a motion to table until the 4th at 2:00 p.m.
with the same notation as previous asking that change orders be watched carefully.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

3. City of Forsyth: Mr. Soutee presented the Commission with a contract for the
District to purchase treatment capacity in the City’s wastewater treatment facility
and to pay for its proportionate share of the maintenance and operations of the
City’s wastewater treatment plant.

Mr. Soutee noted that the City and the board had approved and signed the
agreement however a signature page for the Commission is forthcoming. Commissioner
Strahan made a motion to table until the 4th at 2:00 p.m. Commissioner Pennel seconded
the motion. Commissioner Herschend commented that he is in favor of said agreement.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

4. Rockaway Beach: Mr. Soutee informed the Commission that the Sewer Board
had approved a request from Rockaway Beach to utilize the City’s portion of the
sales tax monies to complete a section of sewer line that was previously planned
for but never built due to financial constraints. The City has been informed that
they will need to appear before the Commission for final approval.

Commissioner Pennel made a motion to table the issue until Rockaway schedules
an appointment. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

5. Dam Site: Mr. Soutee brought a request from the Sewer Board for the
Commission to reconsider the Board’s recommendation of how to approach the
Dam site Sewer Project. Due to the fact that there are other properties in addition
to the ten homes that are currently generating wastewater that could pose a threat
to the environmental integrity of this area.

Commissioner Herschend stated that he believed the Commission needed to move
forward to get the ten homes off and for the Commission to stop and reconsider is costly.
Commissioner Strahan made a motion to table the issue. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

SHEILA WYATT
PENALTIES/INTEREST ON SPLIT

Collector Wyatt met with the Commission to request that a 2006 real estate tax
bill that should have been split be waived the penalties and interest as they did not receive
their tax statements.

Collector Wyatt stated that a parcel was split out in 2006 which created new tax
numbers. The owners of those parcels paid their taxes in 2007 and it wasn’t until the tax
sale in 2008 that she discovered that the 2006 taxes hadn’t been paid but was in 2007.
Commissioner Herschend asked if the County was notified of the split. Collector Wyatt
noted that the Assessor had been but not her. Commissioner Strahan pointed out that in
the sale of the property they would have prorated the taxes and the new owner would be
responsible. Assessor Strahan commented that when this issue came up in 2006 we went
to the Planning & Zoning Department and found that Certificates of Completion had been
issued which verified that we were right in assessing the parcel. The problem came when
the split happened.

Commissioner Strahan stated that he didn’t understand how we got into this mess.
After a lengthy discussion Commissioner Herschend made a motion to table the issue
until Counselor Paulson could have some input as he had shared some information that
the Commission will want to hear. Commissioner Strahan noted that he didn’t buy what
had happened and seconded the motion.

Collector Wyatt stated that if the Commission wanted to say that she was
negligent for not putting it on the tax sale, fine but because of recent court cases it would
not hold up in court and these people didn’t get a tax bill. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

JOHN LAVENDER
MAINTENANCE UPDATE

John Lavender, Maintenance Supervisor met with the Commission to give an
update regarding maintenance issues.

1. Judicial Locks: Mr. Lavender noted that there were still 27 locks that were
missing and some of those are located at the chase ways in the jail pods. Mr.
Lavender added that he was just getting the run-around.

Commissioner Herschend telephoned Rick Quint from Walton Construction to
discuss the issue and it was agreed that Mr. Quint would be at the next update meeting.

2. Parking Lot: Mr. Lavender noted that there were some problems with the grade at
the new parking lot. The lot will be shot again tomorrow. The Commission
contacted Mike Smith with Septagon Construction who indicated he would try to
be on location.