TERRELL COUNTY BOARD OF COMMISSIONERS

REGULAR MEETING

DATE: FEBRUARY 1, 2012

TIME: 8:30 AM

PLACE: TERRELL COUNTY GOVERNMENTAL BUILDING

PRESENT: EVELYN FILLINGAME, GAIL FAUST, GINA WEBB, JOYCE RAY, BUTCH RAY, JANICE BRYANT, JAMES H. RAY, SONNY HOOKS, BILLY MCCLUNG, BO HAMBY, EMILY WALLER, ROBERT MOTLEY, E. K. HOLLOWAY, PAUL RAKEL, DARLENE PAUL, MAE BENTON, JEAN TURN, SUE JONES, JANICE MOORE POTTS, MARGARET HALBROOK, JEFF HANNER, LINDA FREEMAN, LAWANNA FRIDDELL, GARY MCNEELY, KATHY WADE, ED WADE, GEORGIA COUNTRYMAN, CARL B. MOORE, JERMAINE BELL, D. E. SHORT, EDWARD HARVEY, LAMAR WHITE, JAKYN JENNINGS, ANDREA GIGGETTS, KEN FAUST, MARY BOZEMAN, LOIS MURPHY, TOM PARRIS, PAULINE HOLLEY, MIRIAM KING, KIMY MOORE, BEVERLY MOORE, JOHN DANIEL, MARK DANIEL, JED DANIEL, SANDRA RIVERS, BETTY BROWN, RUTH GARDNER, BARNEY PARNACOTT, APOSTLE LAWRENCE JONES, MINISTER DEXTER JONES, LINDA ANN SPILMAN, PEGGY PRITCHARD, ED COLLIER AND BETH PARNACOTT.

COMMISSIONERS PRESENT: CHAIRMAN WILBUR GAMBLE, VICE-CHAIRMAN LUCIUS HOLLOWAY, BRAD STAFFORD, ERNEST JOHNSON AND LARRY FAUST.

CALL TO ORDER: CHAIRMAN GAMBLE

PRAYER: LUCIUS HOLLOWAY

APPROVAL OF AGENDA: CHAIRMAN GAMBLE REQUESTED LINDA FREEMAN BE MOVED UP ON THE AGENDA TO BE HEARD AFTER QUESTIONS ON MINUTES; CLERK REQUESTED THE TOPICS CONCERNING CLOSING COUNTY ROAD 32 HUMPHREY ROAD BE TAKEN OFF THE AGENDA; ERNEST JOHNSON REQUESTED THE TOPIC OF COMMISSIONERS AND HIRING BE ADDED TO THE BOTTOM OF THE AGENDA. MOTION TO APPROVE THE FEBRUARY 1, 2012 AGENDA WITH THE ADDITION OF COMMISSIONERS AND HIRING – ERNEST JOHNSON AT THE END OF THE AGENDA, THE MOVING UP OF APPOINTMENT OF ON-CALL MAGISTRATE – LINDA FREEMAN TO BE HEARD AFTER QUESTIONS ON PRIOR MINUTES AND THE DELETION OF THE REQUEST TO CLOSE COUNTY ROAD 32 HUMPHREY ROAD – ANNE NEWMAN, BILL NEWMAN AND MAYRENE GILLIAM, WAS MADE BY LUCIUS HOLLOWAY AND SECONDED BY ERNEST JOHNSON. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND LARRY FAUST. MOTION CARRIED.

APPROVAL OF MINUTES: MOTION TO APPROVE THE JANUARY 4, 2012 REGULAR MEETING AND JANUARY 27, 2012 SPECIAL MEETING MINUTES WAS MADE BY BRAD STAFFORD AND SECONDED BY ERNEST JOHNSON. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND LARRY FAUST. MOTION CARRIED.

QUESTIONS ON PRIOR MINUTES: NO QUESTIONS

ON-CALL MAGISTRATE APPOINTMENT: LINDA FREEMAN INFORMED THE BOARD THAT SHE BROUGHT THIS TO THE MEETING BECAUSE CHAIRMAN GAMBLE ADVISED HER TO. “I ALREADY CALLED EACH COMMISSIONER AND WAS GIVEN APPROVAL TO HIRE DARLENE PAUL AS MY ON-CALL MAGISTRATE.” “THE ON-CALL MAGISTRATE WILL WORK BEFORE 8:00 AM AND AFTER 5:00 PM AND ON THE WEEKENDS.” “I DID NOT HAVE TO ASK FOR APPROVAL, BUT I DID.” “JUDGE BISHOP HAS APPROVED THE APPOINTMENT OF DARLENE PAUL AND I CALLED THE DEPARTMENT OF REVENUE AND THEY DO NOT HAVE A PROBLEM WITH DARLENE BEING THE ON-CALL MAGISTRATE.” “I DID NOT HAVE TO ADVERTISE THE POSITION BECAUSE IT IS PART-TIME WITH NO BENEFITS.” “I RAN AN AD FOR THE FULL TIME POSITION IN MY OFFICE AND HIRED LINDA CLARK.” “IF ANYONE HAS A PROBLEM WITH THAT, CALL ME AT 995-3757.” MOTION TO APPROVE THE APPOINTMENT OF DARLENE PAUL AS THE ON-CALL MAGISTRATE WAS MADE BY LARRY FAUST AND SECONDED BY BRAD STAFFORD. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND LARRY FAUST. MOTION CARRIED.

LUCIUS HOLLOWAY TOLD LINDA FREEMAN THAT HE HAD RECEIVED CALLS THAT DARLENE PAUL WAS AT THE JAIL ON TWO OCCASIONS DURING WORKING HOURS. LINDA FREEMAN SAID THAT DARLENE DID GO TO THE JAIL DURING WORKING HOURS ON TWO DIFFERENT OCCASIONS FOR A FIRST APPEARANCE AND A PROBATION WARRANT. LINDA FREEMAN SAID “I DON’T STIR IN ANYBODY ELSE’S OFFICE AT THE COURTHOUSE AND THEY NEED TO LET ME RUN MY OFFICE AND CALL ME IF THEY HAVE A PROBLEM WITH WHAT I AM DOING.”

CHAIRMAN’S REPORT: CHAIRMAN GAMBLE ADVISED THE BOARD THAT THE COUNTY RECEIVED AN ANTE LITEM NOTICE ON BEHALF OF SUE BRYANT. CHAIRMAN GAMBLE SAID THAT THE INSURANCE COMPANY WILL HANDLE THE LAWSUIT.

TREASURER’S REPORT: REPORT NOT AVAILABLE

CLERK’S REPORT: BETH PARNACOTT REPORTED THE EXPENDITURES AND BANK BALANCES FOR JANUARY 2012.

COUNTY AGENT REPORT: JAKYN JENNINGS PRESENTED THE COUNTY AGENT REPORT FOR JANUARY 2012.

EMS-911 REPORT: BO HAMBY REPORTED FOR THE MONTH OF JANUARY 2012, 911 ANSWERED 530 CALLS, 220 EMS, 108 TRANSPORTED, 112 NOT TRANSPORTED, 73 CALLS FOR TERRELL COUNTY SHERIFF’S DEPARTMENT, 63 CALLS FOR DAWSON POLICE DEPARTMENT, 2 CALLS FOR DAWSON FIRE DEPARTMENT, 3 CALLS FOR TERRELL COUNTY FIRE DEPARTMENT, 169 CALLS FOR PUBLIC ASSISTANCE AND A TOTAL OF $31,820.25 WAS DEPOSITED FOR THE MONTH.

CHAMBER OF COMMERCE: GINA WEBB REPORTED ON THE ACTIVITIES OF THE CHAMBER DURING JANUARY 2012.

WARDEN’S REPORT: WARDEN MCCLUNG PRESENTED QUOTES FOR NEW AND USED TRUCKS. BRAD STAFFORD STATED THAT HE IS NOT PREPARED TO GIVE A RECOMMENDATION AT THIS TIME.

FIRE TRUCK BID AND CONTRACT: THREE BIDS WERE RECEIVED FOR THE PURCHASE OF THE NEW FIRE TRUCK THROUGH THE FIRE GRANT. PIERCE $311,547.00, KME $311,543.00 AND SOUTHERN FIRE $387,810.00. WARDEN MCCLUNG RECOMMENDED ACCEPTANCE OF THE BID FROM PIERCE IN THE AMOUNT OF $311.547.00. MOTION TO ACCEPT THE BID FOR A NEW FIRE TRUCK FROM PIERCE IN THE AMOUNT OF $311,547.00, APPROVE PAYING $15,500.00 IN MATCHING FUNDS AND AUTHORIZE CHAIRMAN GAMBLE TO SIGN THE CONTRACT WITH PIERCE, WAS MADE BY BRAD STAFFORD AND SECONDED BY ERNEST JOHNSON. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND LARRY FAUST. MOTION CARRIED.

ROAD SUPERVISOR REPORT: WILLARD DALE SENT QUOTES FOR THE PURCHASE OF A NEW BOOM MOWER AND DUMP TRUCK BY WARDEN MCCLUNG FOR THE COMMISSIONERS TO APPROVE. BRAD STAFFORD ASKED WHY THE ROAD SUPERVISOR DOES NOT ATTEND THE COMMISSIONERS’ MEETINGS? MOTION TO INSTRUCT ROAD SUPERVISOR WILLARD DALE TO ATTEND THE COMMISSIONERS’ MEETINGS IF HE WANTS SOMETHING APPROVED AND TABLE THE QUOTES ON A NEW BOOM MOWER AND DUMP TRUCK UNTIL MARCH 2012 WAS MADE BY LARRY FAUST AND SECONDED BY ERNEST JOHNSON. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND LARRY FAUST. MOTION CARRIED.

KENNEDY POND ROAD PETITION FOR RESURFACING: RESIDENTS ON KENNEDY POND ROAD MAILED A PETITION FOR RESURFACING OF KENNEDY POND ROAD. MOTION TO PLACE KENNEDY POND ROAD ON THE RESURFACING LIST WAS MADE BY LARRY FAUST AND SECONDED BY BRAD STAFFORD. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND LARRY FAUST. MOTION CARRIED.

SHERIFF’S REPORT: LINDA ANN SPILMAN SAID THE SHERIFF DID NOT HAVE HIS REPORT READY YET. LINDA ANN SPILMAN GAVE A COPY OF A LETTER FROM SHERIFF BOWENS CONCERNING THE PURCHASE OF THE FORD EXPLORER WITHOUT APPROVAL. MOTION TO HAVE A MEETING WITH SHERIFF BOWENS AND TRY TO RESOLVE THE ISSUE OF THE PURCHASE OF THE FORD EXPLORER WITHOUT APPROVAL WAS MADE BY ERNEST JOHNSON AND SECONDED BY LUCIUS HOLLOWAY. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND LARRY FAUST. MOTION CARRIED.

RECREATION DEPARTMENT: NO REPORT

DELINQUENT GARBAGE ASSESSMENT REPORT: SANDRA O’STEAN SENT A WRITTEN REPORT FOR THE COMMISSIONERS.

DELINQUENT ADVALOREM TAXES FORGIVENESS OF INTEREST AND PENALTIES: NO REQUEST FOR FORGIVENESS OF INTEREST AND PENALTIES FOR FEBRUARY 2012. BRAD STAFFORD REQUESTED A COPY OF THE LIST OF DELINQUENT TAXES. LINDA ANN SPILMAN ADVISED MR. STAFFORD THAT HE WILL HAVE TO GET THE DELINQUENT TAX LIST FROM PEGGY PRITCHARD.

ANIMAL SHELTER EXPENSE: MOTION TO TABLE ANIMAL SHELTER EXPENSE UNTIL BRAD STAFFORD CAN OBTAIN INFORMATION FROM LEE AND SUMTER COUNTIES ABOUT HOUSING TERRELL COUNTY ANIMALS WAS MADE BY LARRY FAUST AND SECONDED BY ERNEST JOHNSON. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND LARRY FAUST. MOTION CARRIED.

9:30: CHAIN GANG ROAD PUBLIC COMMENTS: CHAIRMAN GAMBLE ANNOUNCED IT WAS TIME TO HEAR COMMENTS CONCERNING CHANGING THE ROAD NAME OF CHAIN GANG ROAD TO JOHN O. MOORE ROAD. CHAIRMAN GAMBLE ASKED THE AUDIENCE TO PLEASE NOT TRY TO MAKE THIS A RACIAL ISSUE AND HARM TERRELL COUNTY. CHAIRMAN GAMBLE SAID “THE CHAIN GANG DID NOT CONSIST OF ONE RACE ONLY AND I DO NOT WANT ANYBODY TO DO HARM TO THE RACIAL ISSUES IN TERRELL COUNTY.” CHAIRMAN GAMBLE SAID “IN ORDER TO BE ABLE TO SPEAK ON THIS ISSUE YOU MUST BE A PROPERTY OWNER OR TAXPAYER IN TERRELL COUNTY AND NOT JUST SOMEBODY RIDING DOWN THE ROAD.”

COUNTY CLERK READ WRITTEN COMMENTS THAT WERE FAXED INTO THE COMMISSIONERS’ OFFICE FROM SOME OF THE RESIDENTS OF CHAIN GANG ROAD:

BRIAN AND SANDY LEMAY AGAINST CHANGING NAME

ROGER AND PHYLLIS MONTGOMERY AGAINST CHANGING NAME

RAY AND DEBRA BADCOCK AGAINST CHANGING NAME

ELAINE MOORE IN FAVOR OF CHANGING

CHRIS MANNING AGAINST CHANGING NAME

BETTY BROWN AGAINST CHANGING NAME

EZEKIEL HOLLEY ASKED “HOW DID THE ROADS GET THEIR NAMES? FOR INSTANCE HOW DID WILBUR GAMBLE ROAD GET IT’S NAME?”

D. E. SHORT STATED THAT HE LIVED ON THE WOOTEN ESTATE ON CHAIN GANG ROAD AS A BOY AND THERE WAS A PRISON THERE. THE PRISONERS DUG DITCHES WITH PICKS AND SHOVELS. THERE WAS A BUILDING ON THE FARM THAT HOUSED THE PRISONERS. THERE WAS A GIN, SCALES AND COMMISARY ON THE FARM THAT WAS OPERATED BY THE PRISONERS. THE NAME CHAIN GANG HAS NOTHING TO DO WITH RACE.

BEVERLY MOORE STATED THAT THE NAME CHAIN GANG IS NEGATIVE AND SHE WOULD LIKE TO HAVE A POSITIVE NAME FOR THE ROAD.

ANDREA GIGGETTS SAID SHE IS NOT A RESIDENT OR A TAXPAYER IN TERRELL COUNTY AND WILL NOT SPEAK AT THIS TIME.

ROGER MONTGOMERY SAID HE LIKES THE NAME AND DOES NOT WANT TO CHANGE IT.

RAYMOND BADCOCK SAID THE NAME IS WHAT ATTRACTED HIM AND HIS WIFE TO THE ROAD. THEY THINK THE NAME IS HISTORICAL AND UNIQUE.

JAMES MOORE POTTS SAID HE WOULD BE WILLING TO PAY THE PRICE TO MAKE THE NECESSARY CHANGES TO HIS PERSONAL RECORDS IN ORDER TO CHANGE THE NAME.

CARL B. MOORE SAID THAT PEOPLE FROM OUT OF TOWN ARE OFFENDED BY THE NAME AND GET A NEGATIVE FEELING FROM IT.

JED DANIEL SAID THAT HE AND HIS WIFE BUILT THEIR HOME ON CHAIN GANG ROAD EIGHTEEN MONTHS AGO ON THE WOOTEN ESTATE BECAUSE OF THE UNIQUE HISTORY OF THE FARM HAVING THE CHAIN GANG ON IT.

MARK DANIEL SAID HE IS FASCINATED BY THE HISTORY OF CHAIN GANG ROAD AND IT IS NOT A WHITE AND BLACK ISSUE.

JANICE BRYANT SAID IN ORDER TO KEEP THE DEED RECORDS CORRECT ALL THE DESCRIPTIONS ON THE DEED RECORDS WILL HAVE TO BE CHANGED IF THE ROAD NAME IS CHANGED.

BETTY BROWN SAID THAT SHE LIVES ON CHAIN GANG ROAD AND HAS NOT SUFFERED BECAUSE OF THE NAME OF THE ROAD.

MOTION TO CHANGE THE NAME OF CHAIN GANG ROAD TO JOHN O. MOORE ROAD WAS MADE BY LUCIUS HOLLOWAY AND SECONDED BY ERNEST JOHNSON. THOSE IN FAVOR OF THE MOTION WERE LUCIUS HOLLOWAY AND ERNEST JOHNSON. THOSE OPPOSED TO THE MOTION WERE BRAD STAFFORD AND LARRY FAUST. CHAIRMAN GAMBLE WAS OPPOSED TO THE MOTION. MOTION DENIED.

DANGEROUS DOG ORDINANCE: ED COLLIER PRESENTED A NEW ANIMAL CONTROL ORDINANCE ADDRESSING THE ISSUE OF OWNING AMERICAN PITT BULL TERRIERS, AMERICAN STAFFORDSHIRE TERRIER, STAFFORDSHIRE BULL TERRIER OR ANY DOG DISPLAYING THE MAJORITY OF PHYSICAL TRAITS OF ANY ONE OR MORE OF THE ABOVE BREEDS. CHAIRMAN GAMBLE RECOMMENDED APPROVAL OF THE ORDINANCE TODAY. MARTHA ANN COE REQUESTED THE ORDINANCE BE IN EFFECT 90 DAYS FROM JANUARY 12, 2012. ERNEST JOHNSON COMMENTED THAT THE BOARD NEEDS TO LOOK AT THE REALITY THAT “PIT BULLS HAVE BECOME PREVELANT IN THE NEWS FOR ATTACKING HUMANS AND ANIMALS AND WE NEED TO DO SOMETHING TO PROTECT THE HUMANS AND ANIMALS OF TERRELL COUNTY.”

MOTION TO ADOPT THE NEW ANIMAL CONTROL ORDINANCE EFFECTIVE NINETY DAYS FROM JANUARY 12, 2012 WAS MADE BY ERNEST JOHNSON AND SECONDED BY LUCIUS HOLLOWAY. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND LARRY FAUST. MOTION CARRIED.

GRANT INFORMATION ON SWIMMING POOL: BETH PARNACOTT REPORTED TO THE COMMISSIONERS THAT SHE TALKED TO BOB ROBERSON AND HE SAID THAT BUILDING A SWIMMING POOL IS NOT A PROJECT THAT WILL BE FUNDED BY CDBG. MRS. PARNACOTT TOLD THE COMMISSIONERS THAT THERE IS A GRANT THROUGH THE DEPARTMENT OF NATURAL RESOURCES. THE MAXIMUM AMOUNT OF THE GRANT IS $100,000.00 AND REQUIRES A FIFTY/FIFTY CASH OR IN KIND MATCH. CHAIRMAN GAMBLE SAID “WE DID NOT BUDGET FOR A SWIMMING POOL IN THE FY2012 BUDGET AND THIS WILL HAVE TO WAIT UNTIL THE FY2013 BUDGET NEGOTIATIONS.” CHAIRMAN GAMBLE SAID “THE MONEY MUST BE SET ASIDE BEFORE APPLYING FOR A GRANT.”

SPECIAL EVENTS ORDINANCE: ED COLLIER REPORTED THAT THE NEW SPECIAL EVENTS ORDINANCE IS MUCH BROADER THAT THE PREVIOUS ORDINANCE AND HE FEELS THAT IT IS CONSTITUTIONAL. ED COLLIER SAID “THE SPECIAL EVENTS ORDINANCE WAS ADOPTED AT THE JANUARY 2012 MEETING AND NO FURTHER ACTION IS NEEDED.”

DISBURSEMENT OF TAX COMMISSIONER’S RECEIPTS: PEGGY PRITCHARD TOLD THE COMMISSIONERS THAT SHE WAS NOT PRESENT AT THE JANUARY MEETING WHEN LUCIUS HOLLOWAY BROUGHT UP REMITTANCE OF OFFICE RECEIPTS AGAIN. MRS. PRITCHARD SAID “WE HAVE ALREADY BEEN OVER THIS LAST YEAR. WHAT DO YOU WANT ME TO DO?” BRAD STAFFORD ADVISED THAT THE AUDITOR RECOMMENDS THE TAX COMMISSIONER REMIT HER PROCEEDS ONCE PER MONTH. MRS. PRITCHARD SAID “THE MONEY THAT WAS REMITTED FROM THE AUDIT WAS FROM PUBLIC UTILITIES AND I DO NOT REMIT THOSE FUNDS UNTIL THE AUDIT IN CASE I HAVE TO MAKE A REFUND. THE MONEY IS IN THE BANK, NOT IN A BAG ON A SHELF SOMEWHERE.” MOTION FOR THE TAX COMMISSIONER TO REMIT TAX COLLECTION PROCEEDS TO THE COUNTY COMMISSIONERS OFFICE ONCE PER MONTH WAS MADE BY ERNEST JOHNSON AND SECONDED BY LUCIUS HOLLOWAY. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND LARRY FAUST. MOTION CARRIED.

APPROVAL OF OAK STREET LEASE: MOTION TO APPROVE THE LEASE FOR THE PROPERTY LOCATED AT 524 OAK STREET TO DOROTHY TOMLIN IN THE AMOUNT OF $325.00 PER MONTH WAS MADE BY ERNEST JOHNSON AND SECONDED BY LARRY FAUST. THOSE IN FAVOR OF THE MOTION WERE BRAD STAFFORD, LUCIUS HOLLOWAY, ERNEST JOHNSON AND LARRY FAUST. MOTION CARRIED.