LEE COUNTY TUET. PPAGElee.ga.us/government/meetings/files/boc/2015/072815/BOC_072815... · LEE COUNTY TUET. PPAGE THARP BUILDING M VOTING S SSION ... 2015. 1-4 5. CONSENT ... Individuals

L. BOARD OF COUNTY COMMISSIONERStlNW,

r T. PAGE THARP GOVERNMENTAL BUILDING

102 STARKSVILLE AVENUE NORTH, LEESBURG, GEORGIA 31763

LEE COUNTY TUET. PPAGE THARP BUILDING

M

VOTING S SSION

AGENDA

Life works well here. OPAL CANNON AUDITORIUM

COUNTY COMMISSIONERS COUNTY STAFF

Rick Muggridge, Chairman District 4 Ron H. Rabun, County ManagerDennis Roland, Vice- Chairman District 1 Christi Dockery, County ClerkLuke Singletary, Commissioner District 2 Jimmy Skipper, County Attorney

Greg Frich, Commissioner District 5

Billy Mathis, Commissioner District 3

PAGE

1. INVOCATION

2. PLEDGE OF ALLEGIANCE

3. CALL TO ORDER

4. APPROVAL OF MINUTES

A) Consideration to approve Board of Commissioners minutes of Tuesday, July 14, 2015. 1- 4

5. CONSENT AGENDA

A) Consideration to approve request from Mr. Patrick Miller to grant an alcohol license for retail sale of 5- 8

off-premises consumption of wine and malt beverages. Mr. Miller' s establishment is located at 1162

Highway 82 West and is known as" Dollar General# 15482". The Board held a public hearing Tuesday,

July 14, 2015 and there was no opposition.

B) Consideration to approve resolution authorizing the Chairman to sign the revised addendum to the 9- 33

adoption agreement for the ACCG Defined Benefit Plan for Lee County employees.

C) Consideration to approve Resolution to terminate the previously established Lee County Defined 34-36

Benefit Plan and purchase annuities for the two remaining participants.

6. NEW BUSINESS

A) Paul Wells, regarding operating a food truck in Lee County. 36A

7. PUBLIC HEARING

NONE

8. DEPARTMENTAL MATTERS

Planning, Zoning& EngineeringA) Consideration to approve the lowest most responsive design bid for Forrester Parkway Phase II and 37-49

Westover Extension, Phase II for a total of 3. 11 miles to Lanier Engineering for$ 94,950 and authorizethe Chairman to execute the contract for services.

B) Consideration to approve Change Order No. 1 in the amount of$ 67, 130.00 for Forrester Parkway 50- 54

Extension, Phase I.

C) Review of Planning Commission meeting minutes of Tuesday, July 21, 2015. 55- 56

I

9. CONSTITUTIONAL OFFICERS& GOVERNMENTAL BOARDS/ AUTHORITIESNONE

10. COUNTY MANAGER'S MATTERSA) First reading of an ordinance to amend Section 6- 29( f) of the County Code to remove the requirement 57- 61

for a public hearing in connection with applications filed for alcoholic beverage licenses.

B) Consideration to adopt a Resolution authorizing the use of historical Georgia Power electric meter 62- 66

readings from the Lee County Recreation Department balifield facility on Kinchafoonee Road in orderto induce the preparation of a private sector bid to Georgia Power for the approval and construction of

a solar array facility on adjacent private property located in Lee County owned by Patrick InvestmentCompany.

11. COMMISSIONER'S MATTERS

NONE

12. OLD BUSINESS

NONE

13. COUNTY ATTORNEY'S MATTERS

NONE

14. EXECUTIVE SESSION

NONE

15. PUBLIC FORUM

Up to six individuals will be allowed to address the Board ofCommissionersfor up to two minutes each.Individuals should sign up prior to the start of the meeting.

16. ANNOUNCEMENTS

A) The next regularly scheduled County Commission meeting is Tuesday, August 11, 2015 at 6: 00 PM inthe Kinchafoonee Room of the T. Page Tharp Building in Leesburg, GA.

B) Board of Commissioners Special Called Meeting to set the millage rate - Thursday, July 30, 2015 @5: 30PM in the Opal Cannon Auditorium of the T. Page Tharp Building in Leesburg, GA.

17. ADJOURNMENT

AGENDA MAY CHANGE WITHOUT NOTICE

Lee County is a thriving vibrant community celebratedfor its value oftradition encompassing a safefamily oriented community,schools ofexcellence, and life long opportunitiesfor prosperity and happiness without sacrificingcing the rural agricultural tapestry.

Persons with special needs relating to handicapped accessibility or foreign language interpretation should contact Katrina Chambers, ADA Coordinator, at( 229)

759- 6000 or through the Georgia Relay Service( 800) 255-0056( TDD) or( 800) 355-0135( voice). This person can be contacted at the T. Page Tharp Building inLeesburg, Georgia between the hours of 9: 00 a. m. and 4:00 p. m., Monday through Friday, except holidays.

II

BOARD OF COUNTY COMMISSIONERS_h : T. PAGE THARP GOVERNMENTAL BUILDING


LEE COUNTY TUET. PAGETHARP BUILDING

MMEETING MINUTES

Life works well here. OPAL CANNON AUDITORIUM

COUNTY COMMISSIONERS COUNTY STAFF

Rick Muggridge, Chairman District 4 Ron H. Rabun, County ManagerDennis Roland, Vice-Chairman District 1 Christi Dockery, County ClerkLuke Singletary, Commissioner District 2 Jimmy Skipper, County AttorneyGreg Frich, Commissioner District 5

Billy Mathis, Commissioner District 3

The Lee County Board of Commissioners met in a working session on Tuesday, July 14, 2015. The meetingwas held in the Opal Cannon Auditorium of the Lee County T. Page Tharp Governmental Building inLeesburg, Georgia. Those present were Commissioners Rick Muggridge, Dennis Roland, Billy Mathis, and LukeSingletary. Commissioner Greg Frich was absent. Staff in attendance was County Manager Ron Rabun, CountyClerk Christi Dockery and County Attorney Jimmy Skipper. Dr. Jason Miller gave the invocation and ChairmanRick Muggridge called the meeting to order at 6: 00 P.M.

1. INVOCATION

2. PLEDGE OF ALLEGIANCE

3. CALL TO ORDER

4. APPROVAL OF MINUTES

A) Consideration to approved Board of Commissioners meeting minutes ofTuesday, June 23,2015With no additions, deletion, or corrections the Board of Commissioners meeting minutes were approvedas presented.

5. CONSENT AGENDA

NONE

6. NEW BUSINESS

Chairman Muggridge introduced and welcomed Dr. Miller to address the Board.

Dr.Jason Miller, Superintendent of the Lee County Board of Education, addressed the Board andexpressed that he wants to continue the same relationship with the county established by Dr. Walters andpartner with the Board of Commissioners to serve Lee County.

7. PUBLIC HEARING

A) The Board of Commissioners will hold a public hearing regarding the CDBG—Livingston Road

paving project.

Chairman Muggridge opened the public hearing regarding the CDBG-Livingston Road paving project.With no comments or questions from the Board or the audience the public hearing was closed.County Manager Rabun referred to the Actual Accomplishments Report that served 85 citizens for floodand drainage street improvements. Included in the Board' s packet is the final Georgia Department of

Community Affairs Quarterly Expenditures and progress report.

1

B) The Board of Commissioners will conduct a public hearing regarding a request from Mr. PatrickMiller to grant him an alcohol license for retail sale of off-premises consumption of wine and

malt beverages. Mr. Miller's establishment is located at 1162 Highway 82 West and is known asDollar General# 15482".

Chairman Muggridge opened the public hearing regarding a request from Mr. Patrick Miller to grant himan alcohol license for retail sale of off-premises consumption of wine and malt beverages. Mr. Miller' s

establishment is located at 1162 Highway 82 West and is known as " Dollar General# 15482". With no

comments the public hearing was closed. Chairman Muggridge recommended the Board amend the

county ordinance regarding the process of approval for alcohol license. County Attorney Skipperexplained that state law no longer requires counties to hold public hearings however the Board would

approve with a staff recommendation. This amendment would also eliminate the requirement to

advertise for a public hearing to approve alcohol licenses.

8. DEPARTMENTAL MATTERS

Planning DepartmentA) Presentation and status updates on new road construction and resurfacing projects.

County Manager Rabun explained the ongoing and proposed future road projects. Forrester ParkwayExtension Phase 1 is 65 % complete. The design RFP for Forrester Parkway Extension Phase 2 andWestover Road Extension Phase 2 will be opened on June 16, 2015. In addition, County Manager Rabunexplained that the Courthouse Exterior Renovation assessment will begin on July 20, 2015 concluding onJuly 24, 2015. The Board also reviewed Utilities Authority and stormwater projects. County ManagerRabun explained that LMIG funding for FY 2016 will be $ 405,000 and he recommended the Board holda Road Committee meeting to discuss future road paving projects. Commissioner Mathis commented

that Winifred and Fussell Roads restriping projects had been completed.

9. CONSTITUTIONAL OFFICERS & GOVERNMENTAL BOARDS/ AUTHORITIES

NONE

10. COUNTY MANAGER'S MATTERS

A) Consideration to approve Addendum to adoption agreement for the ACCG Defined Benefit Plan

for Lee County employees

County Manager Rabun explained that there are no changes to the ACCG Defined Benefit Plan for LeeCounty employees and this adoption is a housekeeping matter. This 2014 is part of a restatement of theACCG Defined Benefit Plan for Lee County employees. Chairman Muggridge explained that if the

Board had no objection they could select to exclude any future new Chief Magistrate. Judge Jim

Thurman would continue to have the ACCG retirement as long as he holds office as Chief Magistrate.Commissioners discussed and had no objection.

Chairman Muggridge presented the Board with a magazine article on the Board's fiduciary responsibilityregarding the Nationwide Plan. Chairman Muggridge explained that the county currently has four plansincluding the ACCG Defined Benefit Plan, Regions Plan and two Defined Contribution options,Nationwide and Gebcorp. Plans. The DB plan is monitored by ACCG Board of Trustees. Regions Planhas oversight of this plan but the Nationwide Plan is the responsibility of the Lee County Board ofCommissioners. The Board either needs to assign to someone to oversee this plan or terminate the plan.

Nationwide allows hardship loans to employees while the D. C. Gebcorp Plan does not, but employeeshave the option to enroll in both plans.

2

B) Consideration to approve Resolution to Terminate the previously established Lee CountyDefined Benefit Plan and purchase annuities for the two remaining participantsCounty Manager Rabun explained he had been advised by BLG Benefits Law Group to remove thecounty as the fiduciary agent by adopting a resolution to terminate the previously frozen old definedbenefit plan, known as the Lee County Defined Benefit Plan, and purchase insurance annuities for thetwo remaining participants. County Manager Rabun further explained that Lee County' s old definedbenefit( DB) plan is dormant, but is still on our books. There are only two ( 2) retired participants in theplan. The old plan is administered by Regions Bank and had a total asset value of $269,362. 00 as ofFebruary 2015. Staff has concerns about fiduciary liability to the Board of Commissioners who maintaindormant or inactive retirement plans without regular Retirement Board oversight. A recommended

strategy from ACCG and from outside legal counsel to remove this liability from Lee County is to close outthis old retirement plan and to purchase an insurance annuity for the two (2) retired former employeescovered under this old DB plan. The assets of the plan will allow for the purchase of these annuities, pay

for attorney services and closing costs and still leave approximately$ 150,000 that the county would haveunrestricted access to. County Manager Rabun recommended that this money be placed in a cash reserveaccount. The Board will vote on this issue at their next meeting in two weeks.

11. COMMISSIONER'S MATTERS

Chairman Muggridge provided hand-outs to the Board regarding Lee County' s healthcare for countyemployees. Chairman Muggridge cited the yearly net cost per employee in 2011 was $ 8, 724.14 and in

2014 the costs have increased to $ 13, 210.42. The costs are projected to be $ 15, 054.52 at the end the

first quarter of 2015. The Board cannot ask the taxpayers of Lee County to continue to fund this cost.The Board has got to make some changes. Chairman Muggridge suggested the Board make a lot of littlechanges and suggested revisiting the Apollo proposal. The Board needs to let the employees know thatchanges are coming. In addition, pharmacy claim costs were $ 325,419 in 2011 and have now doubled to

647,481 in 2015. County Manager Rabun suggested that the Board have a meeting in late August toreview the mid-year numbers and provide direction to staff. The Board also discussed results based

Wellness plan, and the upcoming 2018 " Cadillac tax" on health insurance plans.

12. OLD BUSINESS

NONE

13. COUNTY ATTORNEY' S MATTERS

NONE

14. EXECUTIVE SESSION

NONE

15. PUBLIC FORUM

Up to six individuals will be allowed to address the Board of Commissionersfor up to two minutes each. Individualsshould sign up prior to the start of the meeting.Rosie Batten, 218 Carter Place Road, addressed the Board requesting that Carter Place Road be paved.

16. ANNOUNCEMENTS

A) The next regularly scheduled County Commission meeting is Tuesday, July 28, 2015 at 6: 00 PM in theOpal Cannon Auditorium of the T. Page Tharp Building in Leesburg, GA

B) The Board of Commissioners Special Called meeting to set the millage rate for 2015- Thursday, July 30,2015 @ 5: 30 p.m. in the Opal Cannon Auditorium of the T. Page Tharp Building in Leesburg, GA

C) " RAFT" Group Lab' s first production will be performed at Leesburg' s Robert Clay Auditorium on July31, 2015. Emily Kitchens wrote the play and will be joined by her sister Lisa Kitchens with twoperformances in New York and 12 performances in Edinburgh Festival Fringe in Scotland.

3

17. ADJOURNMENT

Commissioner Roland made a MOTION to adjourn the meeting. Commissioner Singletary seconded theMOTION. The MOTION was unanimous with Commissioner Mathis voting yea. The meeting wasadjourned at 6:50 p.m.

Lee County is a thriving vibrant community celebratedfor its value oftradition encompassing a safefamily 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)

759-6000 or through the Georgia Relay Service( 800) 255- 0056( TDD) or( 800) 355- 0135( voice). This person can be contacted at the T. Page Tharp Building inLeesburg, Georgia between the hours of 9: 00 a. m. and 4:00 p. m., Monday through Friday, except holidays.

4

e srirui° 9̀ 111fv a 4o %.( 11

75%} LEE COUNTY, GAUSIIGf

1', GOVERNMENT

11

SUBJECT: Alcohol License Public Hearing DATE SUBMITTED: 7/ 14/ 15 DIVISION:

AUTHORIZED BY: Joey Davenport AGENDA DATE REQUESTED: 7/ 28/ 15 TYPE:

Regular

CONTACT PERSON: Lamanda Croft DEPARTMENT: Business License Consent

MOTION/ RECOMMENDATION:

Consideration to approve request from Mr. Patrick Miller to grant an alcohol license for retail sale of off-premises consumption of wine andmalt beverages. Mr. Miller's establishment is located at 1162 Highway 82 West and is known as" Dollar General# 15482".

BACKGROUND:

Mr. Patrick Miller is requesting that the Board of Commissioners of Lee County grant him an alcohol license for off-premises retail sale of maltbeverages and wine. The Business License Department is not aware of any negative information relating to the applicant' s work history,status or criminal history. No records or any information on this subject exist that would require staff to recommend against the granting ofthe application for this license. All requirements relating to the application have been met. All advertisements have been posted in the LeeCounty Ledger as required on 7/ 8/ 15. The Board held a public hearing on Tuesday, July 14, 2015 and there was no public opposition.

ATTACHMENTS:

1. Alcohol License Memorandum

2. County Planners Report3.

4.

None

REVIEWED BY( INITIALS): ADVERTISED: COMMISSION ACTION:

Legal: N/ R s Date: 7/ 8/ 15 Approved

Finance: N/ R Paper: LEE COUNTY LEDGER Approved w/ Conditions

Other: N/ R Not Required Denied

Continued to:USER DEPT.: Business License COSTS: N/ A

FUNDING SOURCE:SUBMITTED BY: CURRENT FY: 2015 Capital Improvement

Operating

752: APPROPRIATION CODE: Other

County Manager AFFECTED PARTIES: x Notified N/ R

5

44% BOARD OF COUNTY COMMISSIONERST. PAGE THARP GOVERNMENTAL BUILDING


LEE COUNTYLEE COUNTY TION

UILDING INSPECTION

life works well here, BUILDING.PERMITS

BUSINESS LICENSE

ALCOHOL LICENSE

Joey DavenportChief,Buitding Offroial

Lee CountyAlcoholLicense Memorandum

Lamanda CroftAdministrative Assistant

Date: 06/24/2016

To: Lee County Board of Commissioners

From: Lamanda Croft

License Administrator

Ron RabunRE: Retail Sale off premises malt beverages and wine" Dolgencorp, LLC."

County Administrator

Mr. Patrick Miller is requesting that the Board of Commissioners of Lee Countygrant him an alcohol license for retail sale of off-premises consumption of wine and malt

beverages. Mr. Miller' s establishment is located at 1162 Highway 82 West and is known asDollar General# 15482".

Lee County, GeorgiaCONSIDERATIONS FOR APPROVAL OR DENIAL

102 Starksville Ave. N.

Leesburg, GA 317631. The existence or non-existence of verifiable information regarding the

229) 759- 6000 applicant' s work history, status, experience, and reputation.

Fax: (229) 759- 2346

Web: www.lee.ga.usThe Business License Department does not know of any negative information relatingto the applicant' s work history, status... etc. There is no record of any information onthese subjects that would require staff to recommend against the granting of theapplication for this license.

2. The history of the applicant, if any, in engaging in fraudulent or criminalactivities.

There is no evidence of the applicant engaging in either fraudulent or criminalactivities.

One ofthefirstoriginal counties of 3. Compliance with application requirements.

Georgia

The applicant has completed all application requirements.

Established 4. Adequate and satisfactory reference response.June 9, 1825

Lee County is a thriving vibrant community celebratedfor its value oftradition encompassing a safefamily oriented community, schools ofexcellence,and life long opportunitiesforprorpenty without sacrificing the rural agricultural tapestry. 6

BOARD OF COUNTY COMMISSIONERSC T. PAGE THARP GOVERNMENTAL BUILDING


LEE COUNTYLEE COUNTY TION

BUILDING INSPECTION

Life works well here. BUILDING PERMITS

BUSINESS LICENSE

ALCOHOL LICENSE

Reference response was adequate and satisfactory.Joey Davenport

ChiefBuilding Official 5. Proximity of the proposed business to densely populated residentialdistricts.

See County Planner' s report)

Lamanda Croft 6. Compliance with zoning regulations.Administrative Assistant

See County Planner' s report)

7. Safety of the premises from which the business will operate.

The premise is safe for the operation of the business. The subject property is locatedRon Rabun along one of the busiest roads in the county, but this area is also the commercial center

CountyAdminirtrator of south Lee County and will be busy with or without this business.

8. Compliance with state and local laws, regulations and ordinances.

All requirements relating to the application have been met. All advertisements havebeen posted in the Lee County Ledger 07/08/ 2015

STAFF RECOMMENDATION:

Lee County, Georgia102 Starksville Ave. N. Staff recommends the Board of Commissioners conduct a public hearing regarding

Leesburg, GA 31763 Mr. Miller' s application for a license for retail sale of off-premises consumption of wine and229) 759- 6000 malt beverages during the July 14, 2015 at 6: 00 P.M. Lee County Board of Commissioners

Fax: (229) 759-2346 Meeting.Web: www.lee.ga.us The Board of Commissioners will vote on this matter during their board meeting on July 28,

2015.

One ofthefirstoriginal counties of

Georgia

Established

June 9, 1825

Lee County it a thriving vibrant community celebratedfor its value oftradition encompassing a safefamily oriented community, schools ofexcellence,and lift long opportunitiesforprosperity without sacrificing the rural agricultural tapestry. 7

J`4°e o szrppo°^94 X111

ll1 °.

LY . ° Lee County Planning & Engineering DepartmentartmentIf

111\\ UNE° B 1g?'y=

Date: July 6th, 2015RON RABUN

County Administrator To: Lamanda Croft, License Administrator

From: Marcia Studley, Zoning AdministratorRe: Retail Sale off premises malt beverages and wine " Dolgencorp,

MATT INMAN LLC" (a/ k/a Dollar General# 15482)Director of Planning,

Zoning& Engineering

Considerationsfor ApprovalMARCIA STUDLEY

Zoning Administrator

1) Proximity of the proposed business to densely populated residential districts:

KATRINA CHAMBERS

Administrative Assistant Dolgencorp, LLC" a/k/a Dollar General# 15482 located at 1162

Highway 82 West is approximately 500 feet from the nearest developedsingle family residential district( using most direct route of travel on theground as per Section 6. 56 d). Dollar General# 15482 location is NOT

located within 100 yards of any school building, school grounds, church orcollege campus; and is NOT located within 100 yards of an alcoholic

treatment center owned and operated by the state or county orLee County, Georgia municipality

102 Starksville Ave., N

Leesburg, GA 31763 2) Compliance with zoning regulations.229) 759- 6000

Fax: (229) 759- 6032Location at 1162 Highway 82 West is a C- 2( general business) zoning district.Web: www.lee.ga.us

The purpose of this General Business district is to provide areas for development

permitting a wider range of business and entertainment activities than thatpermitted in neighborhood business district

Recommendation:

The proposed use of property is in compliance with zoning and proximityrequirements.

One ofthefirstoriginal counties of

Georgia

EstablishedLL

June 9' 1825 o f

8

A,e°Opsttruri0°°° 0,-9 '$ LEE COUNTY, GAi,\ i

lif?..";&):° )1GOVERNMENT

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SUBJECT: Resolution to Adopt 2014 Amended& Restated Plan DATE SUBMITTED: 7/ 10/ 2015 DIVISION:

AUTHORIZED BY: Ron H. Rabun AGENDA DATE REQUESTED: 7/ 28/ 15 TYPE:

Regular

CONTACT PERSON: Diane Herring DEPARTMENT: Finance Consent


Approval of Resolution to adopt 2014 Amended and Restated A.C. C. G. Defined Benefits Retirement Plan, as requested by GEBCorp, tocomply with required IRS regulations to file updated retirement plan documents every five years. Amend current Defined BenefitsRetirement Plan to exclude any newly elected Chief Magistrate after July 1, 2015, and authorize the Chairman to sign all requireddocuments.

BACKGROUND:

Over the past several years, the federal government, the Supreme Court and the State of Georgia have made a number of changes to lawsthat affect governmental retirement plans. The IRS requires that all qualified retirement plans be amended and restated every five years toincorporate those new laws, as well as any employer-specific amendments. The ACCG Defined Benefit Plans must be amended and

restated by the end of 2015. ACCG has provided Lee County with new Plan documents. The specific of the Plan has not changed, with theexception of an exclusion of any newly elected Chief Magistrate, after July 1, 2015. All other changes in the restatement merely incorporateamendments previously approved by the Lee County and the ACCG Board of Trustees for the Defined Benefit Plan or the ACCG Boardof Managers.

IRS Filing

As part of the IRS requirement that all governmental plans be amended and restated, the IRS is also accepting filings for determinationletters for those restated governmental plans, from February 1, 2015, until January 31, 2016. The purpose of the filing is to have the IRSreview the language in the Plan document and provide each employer with a ruling that its Plan document complies with all federal laws.Once the Plan receives a favorable determination letter, the employer may rely on the letter if its Plan is ever audited by the IRS. Undercurrent rules, Plans are filed every five years. We previously filed the Plans in January of 2009 and received determination letters in 2011.

ACCG will be filing each jurisdiction' s Plan on their behalf. In order to facilitate this process ACCG requests that the governing board passthe attached resolution, as soon as possible, which authorizes the amendment and restatement of the Plan. In addition, the resolution

permits the Chair to sign all documents and forms, including a power of attorney ( Form 2848) which gives outside counsel for ACCGpermission to file the Plan with the IRS and talk to the IRS on behalf of Lee County.

ATTACHMENTS:

1. Resolution to Adopt 2014 Amended and Restated Plan2. Addendum to Adoption Agreement( 4 pages)3. Adoption Agreement( 19 pages)

REVIEWED BY( INITIALS): i ADVERTISED: COMMISSION ACTION:Legal: J. S ' per Date: ApprovedFinance: Paper: Approved w/ ConditionsHR: ,.,b0 Not Required Denied

USER DEPT.: COSTS: $ 0.00

Continued to:

FUNDING SOURCE:SUBMITTED BY: CURRENT FY: El Capital Improvementa

El OperatingAPPROPRIATION CODE: 1 ElOther

i

County Manager AFFECTED PARTIES: Notified

9

RESOLUTION TO ADOPT 2014 AMENDED AND RESTATED PLAN

WHEREAS, the Association County Commissioners of Georgia ( ACCG) sponsors a definedbenefit retirement plan program for its members;

WHEREAS, the Lee County Board of Commissioners ( the " County") previously adopted theAssociation County Commissioners of Georgia Defined Benefit Plan for Lee County Employees ( thePlan") through an Adoption Agreement and subsequent amendments thereto;

WHEREAS, the Internal Revenue Service requires qualified retirement plans to be restatedat least once every five ( 5) years;

WHEREAS, the ACCG Board of Managers has approved an amended, restated and updatedModel Plan document ( the " 2014 Model Plan") to reflect changes in federal and state law andregulations, which can be adopted by its members and filed with the Internal Revenue Service for adetermination letter between February 1, 2015 and January 31, 2016;

WHEREAS, the County desires to adopt the amended and restated " 2014 Model Plan"document through a new Adoption Agreement.

NOW THEREFORE, at a meeting held on the _ day of 20_, the CountyBoard of Commissioners hereby resolves as follows:

RESOLVED that the Lee County Board of Commissioners approves the adoption of theamended and restated 2014 Model Plan document through a new Adoption Agreement, whichmaintains the Plan' s current benefit structure.

FURTHER RESOLVED that Commission Chair is hereby authorized, empowered, and

directed to take all further actions and to execute all documents and IRS forms necessary toimplement these resolutions, including a limited power of attorney to allow ACCG outside counsel tofile the Plan with the Internal Revenue Service for a determination letter.

FURTHER RESOLVED that any resolution in conflict with this resolution is herebyrepealed.

This day of 20 .

LEE COUNTY, GEORGIA BOARD OF COMMISSIONERS

By:Chair, Lee County Board of Commissioners

Attest:

By:County Clerk

10

Lee County

ASSOCIATION COUNTY COMMISSIONERS OF GEORGIA

DEFINED BENEFIT PLAN

FOR LEE COUNTY EMPLOYEES

ADDENDUM TO ADOPTION AGREEMENT

THIS ADDENDUM is made and entered into by Lee County, Georgia ( the " Employer") to reflect

amendments made by the Employer to the Association County Commissioners of Georgia Defined Benefit Plan forLee County Employees(" the Plan").

WITNESSETH:

WHEREAS, the Employer maintains the Plan for the benefit of its eligible employees;

WHEREAS, Section 16.02( a) of the Plan allows the Employer to adopt this Addendum in order to amend

the elective provisions of the Employer' s Adoption Agreement with respect to one or more classes of Employees,

subject to certain conditions;

WHEREAS, Section 16. 02( b) of the Plan allows the Employer to adopt this Addendum in order to amend

the Plan with respect to one or more classes of Employees, subject to the consent of Association CountyCommissioners Defined Benefit Plan Board of Trustees( the" DB Board"), and certain other conditions; and

WHEREAS, the Employer desires to amend the Plan in order to conform the restated Plan provisions to

certain previously adopted amendments.

NOW, THEREFORE, the Plan as restated effective January 1, 2015, is hereby amended as follows:

1. For purposes of the Plan, Employees shall belong to one or more of the Classes described below:

Class 1: Eligible Employees

All Eligible Employees as defined in Section 1. 23 of the Adoption Agreement.

Effective Date: July 1, 2011

Class 2: Employees ofLee County Development Authority

Employees of Lee County Development Authority who are actively employed on or afterJuly 1, 2011.


Class 3: County Commissioners as of October 23, 2012

Employees actively serving in the position of County Commissioner on or after October 23,2012.

Effective Date: October 23, 2012

Class 4: Chief Magistrates elected on and after July 1, 2015

Employees actively serving in the position of Chief Magistrate on or after July 1, 2015.


1 of 4

11

Lee County

2. Section 1. 07 of the Plan, Average Monthly Compensation, is amended by adding the following language tothe end thereof, to freeze Compensation as of October 23, 2012, for County Commissioners:

Average Monthly Compensation will use in the calculation sixty ( 60) consecutive months duringthe one hundred twenty( 120) month period occurring during the period ending October 23, 2012."

Amendment Effective Date: October 23, 2012

Applicable Employees: Class 3

3. Section 1. 13 of the Plan, Credited Service, is amended by adding the following subsection( c) to the endthereof, to include Credited Service attributable to employment after July 1, 2011„ and permit the purchaseof Credited Service attributable to employment before July 1, 2011, for Class 2 Employees under certainconditions:

c) Only Credited Service attributable to employment after July 1, 2011 shall be used to determinea Participant' s Accrued Benefit. Credited Service prior to July 1, 2011 may be purchased bythe Participant at a cost equal to one hundred percent ( 100%) of the Actuarial Equivalent of

such Credited Service. Payment must be made by the Participant in whole within one hundredeighty( 180) days ofnotification of the payment amount by the Employer."

Amendment Effective Date: July 1, 2011Applicable Employees: Class 2

4. Section 1. 13 of the Plan, Credited Service, is amended by adding the following subsection ( d) aftersubsection( c) added herein to freeze Credited Service as of October 23, 2012, for County Commissioners:

d) Service attributable to employment after October 23, 2012, shall not be considered CreditedService."

Amendment Effective Date: October 23, 2012

Applicable Employees: Class 3

5. Section 1. 23 of the Adoption Agreement, Employee, is amended to exclude Chief Magistrates elected on

and after July 1, 2015.

1. 23 EMPLOYEE.

Employees, other than Elected Officials Include Exclude

All Employees I

Full-time Employees only X] [-_]

X] Working for the Employer at least thirty( 30) Hours of Service perweek for Compensation

Other Definition:

Other Employees

Definition of Other Employee:

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12

Lee County

Elected or Appointed Officials of the Employer

With no other Publicly Funded Retirement or Pension Plan)

County Commissioners I [ X]

Coroner J [ X]

Magistrate xi [- 1Elected or Appointed Officials of the Employer

With one or more other Publicly Funded Retirement or Pension Plan)

Sheriff X]

Tax Commissioner( hired before 7/ 1/ 2012) X1 1- 1Clerk of Superior Court J [ X]

Chief Magistrate Judge I [ XIProbate Court Judge J LXI

Other Elected or Appointed Officials Eligible for Limited PlanParticipation

Based solely on Allowable Compensation)

State Court Judge L_ I ( X]

Juvenile Court Judge LXISuperior Court Judge 1 [ X]

Solicitor or Solicitor General L__ I [ X]

District Attorney L__ I [ X]

Other Elected Officials Eligible for Limited Plan Participation HI L__ Ispecify):

Other Personnel Eligible to Participate in One or More Other Publicly Include Exclude

Funded Retirement or Pension Plans

Employees of the Tax Commissioner( hired before 7/ 1/ 2012)

Tax Commissioner and Employees ofTax Commissioner

Ifnot participating in the Employees' Retirement System of Georgia)

Tax Commissioner( hired on or after 7/ 1/ 2012) LXI L__ IEmployees of Tax Commissioner( hired on or after 7/ 1/ 2012) X] L__ I

Other Personnel Receiving Supplemental Compensation from Employer

Extension Agents 1 X]

Other( specify):

3 of 4

13

Lee County

Excluded Employees

No other excluded employees

X] Excluded employees( specify):

County Commissioners who take office on or after

September 1, 2012, shall be Ineligible Employees. A former

County Commissioner who returns to office after on or afterSeptember 1, 2012, shall be treated as a Class 3 Employee withrespect to Service and Compensation earned on or afterOctober 23, 2012.

Ron Rabun shall be excluded from the Plan as of hisEmployment Commencement Date.

6. Section 1. 61 of the Plan, Vesting Service, is amended by adding the following subsection ( c) to the endthereof, to exclude Vesting Service attributable to employment after October 23, 2012, in determining thevested status of County Commissioners serving on or after October 23, 2012:

c) Vesting Service attributable to employment after October 23, 2012, shall not be considered forthe purpose ofdetermining the Nonforfeitable amount of the Participant' s Accrued Benefit."

Amendment Effective Date: October 23, 2012Applicable Employees: Class 3

IN WITNESS WHEREOF, the Employer has caused its duly authorized officer to execute this Addendum on thedate specified below.

LEE COUNTY, GEORGIA

By:

Title:

Date:

Accepted By:

ACCG DEFINED BENEFIT PLAN BOARD OF TRUSTEES

Date:

4 of4

14

DB Adoption Agreement Lee County

ASSOCIATION COUNTY COMMISSIONERS OF GEORGIADEFINED BENEFIT PLAN

FOR LEE COUNTY EMPLOYEES

The undersigned, Lee County, Georgia (" Employer"), by executing this Adoption Agreement, elects tobecome a participating Employer in the Association County Commissioners of Georgia Defined Benefit Plan ( thePlan") and the Association County Commissioner of Georgia Defined Benefit Plan Master Trust Agreement ( theTrust") sponsored by the Association County Commissioners of Georgia (" ACCG") and hereby adopts the

accompanying Plan and Trust documents in full as if the Employer were a signatory to those agreements. The

Employer makes the following elections granted under the provisions of the Plan.

TYPE OF PLAN ADOPTION

New Plan

X] Amendment and Restatement of Previously Adopted Plan

ARTICLE I: DEFINITIONS

Any capitalized terms used in this Adoption Agreement but not defined herein shall be given the meaningset forth in the Plan and Trust.

1. 03 ACTUARIAL EQUIVALENCE OR ACTUARIAL EQUIVALENT.

Interest Rates

For purposes of determining amounts transferred to another qualified pension plan:

X] A rate of eight percent( 8. 0%)

A rate based on the following index:

For all other purposes

X] A rate of seven percent( 7.0%)

A rate based on the following index:

1. 07 AVERAGE MONTHLY COMPENSATION.

X] Number of consecutive months to use in the calculation: sixty( 60)

X] Maximum number of most recent consecutive months to consider for the calculation: one

hundred twenty( 120)( not less than number above)

1. 11 CODE.

The term" Code" means the Internal Revenue Code of 1986, as amended.

ACCGDEFINED BENEFIT PROGRAM

15


1. 12 COMPENSATION.

X] The total amount of all payments, direct or indirect, made by the Employer to an Employee forservices rendered to the Employer, for a calendar year which ends within a Plan Year, as

defined in Code Section 3401( a) for purposes of tax withholding at the source ( as reported tothe Employee on Form W-2 for such year). Compensation shall include before-tax or salarydeferral contributions made to this Plan or any other plan of the Employer, under a CodeSection 132( f)(4) qualified transportation plan or under Code Sections 125, 402( g)( 3), 457 or414(h), on behalf of a Participant for such Plan Year.

Other( specify):

1. 13 CREDITED SERVICE.

Method of Measurement

Hours of Service Method

X] Elapsed Time Method

Adjustments to Credited Service Include Exclude

Maximum years of Credited Service X]

Maximum Years:

Unused sick leave X]

Unused annual leave

Eligibility Service X]

Service when no Participant contributions were made

for contributory plans only)

1. 15 DISABILITY OR DISABLED.

X] A disability of a Participant within the meaning of Code Section 72( m)( 7), to the extent that theParticipant is, or would be, entitled to disability retirement benefits under the federal SocialSecurity Act.

A disability of a Participant within the meaning of Code Section 72( m)( 7), to the extent that theParticipant is, or would be entitled to recover benefits under any long term disability plan orpolicy maintained by the Employer.

1. 20 EFFECTIVE DATE.

For the establishment of a new qualified Plan of the Employer with an Effective Date of

Original Effective Date").

X] For an amendment and restatement in its entirety of a previously established qualified Plan ofthe Employer which had a previous effective date of January 1, 2008 (" Original Effective

Date"). Except as specifically provided in the Plan, the Effective Date of this amendment andrestatement is January 1, 2015.

216


1. 22 ELIGIBILITY SERVICE.




1. 23 EMPLOYEE.

Employees, other than Elected Officials Include Exclude

All Employees 1Full- time Employees only X]

X] Working for the Employer at least thirty( 30) Hours of Service perweek for Compensation

Other Definition:

Other Employees

Definition of Other Employee:


With no other Publicly Funded Retirement or Pension Plan)

County Commissioners X]

Coroner X]

Magistrate ix]


With one or more other Publicly Funded Retirement or Pension Plan)

Sheriff X]

Tax Commissioner( hired before 7/ 1/ 2012) X]

Clerk of Superior Court X]

Chief Magistrate Judge X]

Probate Court Judge

Other Elected or Appointed Officials Eligible for Limited Plan Participation

Based solely on Allowable Compensation)

State Court Judge X]

Juvenile Court Judge X]

Superior Court Judge X]

Solicitor or Solicitor General X]

District Attorney x]

Other Elected Officials Eligible for Limited Plan Participation [--]

specify):

317


Other Personnel Eligible to Participate in One or More Other Publicly Funded Include Exclude

Retirement or Pension Plans

Employees of the Tax Commissioner( hired before 7/ 1/ 2012)

Tax Commissioner and Employees ofTax Commissioner

If not participating in the Employees' Retirement System of Georgia)

Tax Commissioner( hired on or after 7/ 1/ 2012) X]

Employees ofTax Commissioner( hired on or after 7/ 1/ 2012) X]

Other Personnel Receiving Supplemental Compensation from Employer

Extension Agents X]

Other( specify):

Excluded Employees

No other excluded employees

X] Excluded employees( specify):

County Commissioners who take office on or after September 1,2012, shall be Ineligible Employees. A former CountyCommissioner who returns to office after on or after September 1,

2012, shall be treated as a Class 3 Employee with respect to Service

and Compensation earned on or after October 23, 2012.

Ron Rabun shall be excluded from the Plan as of his Employment

Commencement Date.

1. 26 EMPLOYER.

The term " Employer" means Lee County, Georgia and effective July 1, 2011 shall include LeeCounty Development Authority( collectively referred to herein as Lee County, Georgia).

1. 44 PLAN.

The name of the Plan as adopted by the Employer is the Association County Commissioners ofGeorgia Defined Benefit Plan for Lee County Employees.

1. 46 PLAN ENTRY DATE.

January 1st

X] Employee' s Employment Commencement Date

the first day of the first pay period)

The first day of the month

The first day of the calendar year quarter

X] Other ( specify): Employees of the Lee County Development Authority who are activelyemployed as of July 1, 2011 shall enter the Plan on July 1, 2011.

418


1. 61 VESTING SERVICE.




Adjustments to Vesting Service Include Exclude

Service before the Original Effective Date of the Plan X] [__]

Unused sick leave

Unused annual leave X]

519


ARTICLE II: EMPLOYEE PARTICIPATION

2.01 PARTICIPATION ELIGIBILITY.

Eligibility Date Determination

Date on which the Employee completes years of Eligibility Service

X] The Employee' s Employment Commencement Date

The earlier date on which the Employee completes years of EligibilityService or attains age L_J

Other date( specify):

ARTICLE III: EMPLOYER CONTRIBUTIONS

3.03 TIME OF PAYMENT OF CONTRIBUTION.

Contribution Remittance

On an annual basis

The later of March 31 of the year following the Plan Year for which the contribution obligationhas occurred or thirty ( 30) days after the Plan Administrator notifies the Employer of itsrequired contribution.

X] On a payroll basis

If such contributions during the Plan Year are insufficient to pay the required contribution ascalculated by the Actuary, an additional contribution in the amount of the insufficiency shall bemade in accordance with a contribution remittance made on an annual basis. If such

contributions during the Plan Year are in excess of the required contribution as calculated by theActuary, such excess contribution shall be applied to the required contribution for the followingPlan Year.

On another basis( specify):

620


ARTICLE IV: PARTICIPANT CONTRIBUTIONS

4.01 PARTICIPANT PAYROLL DEDUCTION CONTRIBUTIONS( AFTER-TAX).

Contribution Requirement

XI Not Permitted

Mandatory by the Participant in an amount equal to percent( %) of

Compensation


On a payroll basis

On an annual basis

4.06 EMPLOYER PICK-UP CONTRIBUTIONS( PRE-TAX).

Contribution Requirement

X] Not Required

Required in an amount equal to percent( of Compensation


On a payroll basis

On a monthly basis

4.07 EARNINGS ON ACCUMULATED PARTICIPANT CONTRIBUTIONS.

Interest Crediting Rate:

Fixed rate: percent(

Index rate( specify index name):

Other rate or method( specify method):

4.09 REPAYMENT OF PARTICIPANT CONTRIBUTION ACCOUNT.

Minimum Repayment Amount

The minimum repayment amount shall not be less than percent ( of the

previously refunded amount including interest.

There shall be no minimum repayment amount.

In no event shall the minimum repayment amount be less than the amount necessary to restore aminimum one( 1) year of Credited Service unless the total amount of Credited Service eligible to be

restored is less than one( 1) year.

Repayment Time Period

Repayment must be made within days of the subsequent Participant' s

Reemployment Commencement Date.

Repayment must be made anytime between the subsequent Participant' s Reemployment

Commencement Date and the Participant' s subsequent Termination of Employment.

21


ARTICLE V: NORMAL AND LATE RETIREMENT PENSION

5. 02 ELIGIBILITY FOR NORMAL OR LATE RETIREMENT PENSION.

The date the Participant attains years of age.

XI The later of the date:

X] The Participant attains sixty- five( 65) years of age

XI The Participant completes five( 5) years ofVesting Service

The earlier of date determined above and the later of the date:

The Participant attains years ofage

The Participant completes years of Vesting Service

Other date( specify)( no later than age 65):

5. 03 AMOUNT OF NORMAL OR LATE RETIREMENT PENSION.

A Participant' s Normal or Late Retirement Pension shall be calculated using the following PensionBenefit Formula(s):

XI Single tiered Formula

One and one- half percent ( 1. 50%) of a Participants annualized Average MonthlyCompensation multiplied by years of Credited Service

Multi tiered Formula

percent ( of a Participant's annualized Average MonthlyCompensation up to and including multiplied by years of Credited Service,plus

percent ( of a Participant's annualized Average MonthlyCompensation above multiplied by years of Credited Service

Fixed Dollar Amount

A fixed dollar amount of$ multiplied by years of Credited Service.

Percentage of annualized Average Monthly Compensation

percent( %) of annualized Average Monthly Compensation multiplied bythe ratio of years of Credited Service to the total of: (1) the years of Credited Service plus

2) the years remaining until the Participant' s Normal Retirement Date. The multiplier shallnot be less than zero( 0) nor greater than one( 1).

All formulas specified in this Section shall be added together to determine the Normal or LatePension benefit.

5. 04 COMPUTATION AND PAYMENT OF NORMAL OR LATE RETIREMENTPENSION.

Involuntary Lump Sum Payment

XI Required

Not Required

822


ARTICLE VI: EARLY RETIREMENT PENSION

6. 01 OFFERING OF EARLY RETIREMENT PENSION.

The Plan offers an Unreduced Early Retirement Pension

X] The Plan offers a Reduced Early Retirement Pension

The Plan does not offer an Early Retirement Pension

6. 02 ELIGIBILITY FOR EARLY RETIREMENT PENSION.

For Unreduced Early Retirement Pension

The later of the date:

The Participant attains years of age

The Participant completes years ofVesting Service

The Participant' s age, combined with the Participant' s years of Vesting Service, equals orexceeds the numerical value of

The earlier of date determined immediately above and the later of the date:

The Participant attains ( ) years of age

The Participant completes ( ) years ofVesting Service

The Participant' s age, combined with the Participant' s years of Vesting Service, equals orexceeds the numerical value of ( )

For Reduced Early Retirement Pension

X] The later of the date:

X] The Participant attains fifty-five( 55) years of age

X] The Participant completes ten( 10) years of Vesting Service

The Participant' s age, combined with the Participant' s years of Vesting Service, equals orexceeds the numerical value of U

The earlier of date determined immediately above and the later of the date:


The Participant completes years of Vesting Service

The Participant' s age, combined with the Participant' s years of Vesting Service, equals orexceeds the numerical value of

923


6. 03 AMOUNT OF EARLY RETIREMENT PENSION.

Pension Benefit Reduction/ Reduced Early Retirement Pension

If the Plan offers a Reduced Early Retirement Pension, the Pension Benefit will be reduced for eachmonth that the Benefit Commencement Date precedes a Participant' s Normal Retirement Date

using one of the following reduction factors:

X] Actuarial reduction using the Actuarial Equivalence specified in Section 1. 03 of this AdoptionAgreement

Uniform monthly reduction at the monthly rate of percent(

Other reduction factor or schedule( specify):

6. 04 COMPUTATION AND PAYMENT OF EARLY RETIREMENT PENSION.

Voluntary Lump Sum Payment

X] Permitted

Not Permitted

ARTICLE VII: DISABILITY PENSION

7. 01 OFFERING OF DISABILITY PENSION.

The Plan does not offer a Disability Pension

X] The Plan offers a Disability Pension

7.02 ELIGIBILITY FOR DISABILITY PENSION.

The later of the date:


X] The Participant completes ten( 10) years of Vesting Service

Eligibility shall be determined as of the date the Participant becomes Disabled as specified inSection 1. 15 of this Adoption Agreement.

7.03 AMOUNT OF DISABILITY PENSION.

X] One-hundred percent ( 100%) of his Normal Retirement Pension adjusted to reflect the

Participant' s annualized Average Monthly Compensation and Credited Service as of the date ofDisability.

J percent( %) of his annualized Average Monthly Compensation at the time ofDisability.

1024


7.04 COMPUTATION AND PAYMENT OF DISABILITY PENSION.

Benefit Commencement Date shall be the later of:

XI The first day of the month coinciding with or next following the later of:( 1) the date of the firstpayment associated with the program, plan, or policy elected by the Employer in Section 1. 15of this Adoption Agreement, or ( 2) the Participant' s Termination of Employment Date on or

after his Disability Date.

The date the Participant attains years of age on or after his Disability Date.

ARTICLE VIII: DEFERRED VESTED PENSION

8. 04 COMPUTATION AND PAYMENT OF DEFERRED VESTED PENSION.

Voluntary Lump Sum Payment

XI Permitted

Not Permitted

Involuntary Lump Sum Payment

X] Required

Not Required

8. 05 VESTING SCHEDULE.

The Employer elects the following vesting schedule:

I Immediately upon Plan Entry Date 100% Vested in

Accrued Benefits

X] Full Years of Vesting Service with Percent Vested in

the Employer Accrued Benefit

Less than Five( 5) years 0%

Five( 5) years or more 100%

Full Years of Vesting Service with Percent Vested in

the Employer Accrued Benefit

years

years

years

years

years

years

1125


ARTICLE IX: DEATH BENEFITS

9. 01 PRE-RETIREMENT DEATH BENEFIT.

Offering of Pre-Retirement Death Benefit

Not Offered

XI Offered

Benefit Type and Amount

X] Lump Sum Benefit

The amount of the death benefit shall be equal to percent ( %) of the

Participant' s annualized Average Monthly Compensation as of the end of the Plan Yearimmediately preceding the date of the Participant' s death.

X] The amount of the death benefit shall be equal to a multiple of fifty (50) of the estimatedmonthly amount of the Participant' s Normal Retirement Pension.

Maximum Lump Sum Benefit

Subject to a maximum amount of dollars($ )

Not subject to any maximum dollar amount

Annuity Benefit

The amount of the death benefit, payable monthly to the beneficiary or beneficiaries, shall beequal to percent( %) of the Participant' s Nonforfeitable Accrued Benefit as

of the date of the Participant' s death.

Permitted Beneficiaries for Annuity Benefit

Spouse Only

Spouse and Minor Children Only

No Limitation

9. 02 POST-RETIREMENT DEATH BENEFIT.

Offering of Post- Retirement Death Benefit

Not Offered

XI Offered


XI Lump Sum Benefit

The amount of the death benefit shall be equal to a multiple of fifty (50) of the Participant' smonthly Pension benefit as of the Participant' s Benefit Commencement Date subject to themaximum amount specified in Section 9. 02 of the Plan.

1226


9. 03 DISABILITY DEATH BENEFIT.

Offering of Disability Death Benefit

Not Offered

X] Offered


X] Lump Sum Benefit


9. 04 DEFERRED VESTED DEATH BENEFIT.

Offering of Deferred Vested Death Benefit

Not Offered

X] Offered


XI Lump Sum Benefit


ARTICLE X: PAYMENT OF ACCRUED BENEFIT - NORMAL &

OPTIONAL FORMS OF DISTRIBUTION

10. 01 NORMAL FORM OF DISTRIBUTION.

X] Straight life annuity continuing for the life of the Participant

Straight life annuity continuing for the life of the Participant and continuing for the life of theParticipant' s Beneficiary equal to a percentage of the Participant' s Pension benefit as of theParticipant' s date of death:

100%

75%

66 2/ 3%

50%

Straight life annuity guaranteed for ten( 10) years

1327


10. 02 OPTIONAL FORMS OF DISTRIBUTION.

The Participant may select an optional form of distribution that will be actuarially adjusted from theNormal Form of Distribution.

Straight Life Annuity

Payable for the Participant' s life only.

X] 10 Years Certain and Life

Payable for the life of the Participant, guaranteed for at least ten( 10) years.

X] Full Contingent( 100% Joint and Survivor)

Payable for the life of the Participant, and the same monthly amount payable for the life ofthe Beneficiary following the death of the Participant.

X] Three-quarters Contingent( 75% Joint and Survivor)

Payable for the life of the Participant and three- quarters the monthly amount payable forthe life of the Beneficiary following the death of the Participant.

X] Two-thirds Contingent( 66 2/ 3% Joint and Survivor)

Payable for the life of the Participant, and two- thirds the monthly amount payable for thelife of the Beneficiary following the death of the Participant.

X] One- half Contingent( 50% Joint and Survivor)

Payable for the life of the Participant, and one-half the monthly amount payable for the lifeof the Beneficiary following the death of the Participant.

X] Pop Up Contingent

If the Participant selects either a Full Contingent, Three- quarters Contingent, Two-thirds

Contingent or One- half Contingent option form of distribution as provided in this Section

above, and the Beneficiary predeceases the Participant, the Participant' s monthly benefitwill be increased to his Accrued Benefit under the Normal Form of Distribution( includingany adjustments after his Benefit Commencement Date) for the remainder of his lifetime.

X] Lump Sum Distribution

Payable in a lump sum if, at the time of the distribution, the Participant' s NonforfeitableAccrued Benefit is less than or equal to ten thousand($ 10, 000) dollars.

Other( specify):

1428


10. 03 COST OF LIVING ADJUSTMENT.

Offering of Cost of Living Adjustment(" COLA")

X] Not Offered

Offered at the discretion of the Employer

Offered

Fixed rate in the annualized amount of percent ( and shall beapplied every Year( s), or

Adjustable rate in an amount equal to the annual change in the Consumer Price IndexCPI COLA").

Maximum and Minimum Limits on CPI COLA

No Maximum and Minimum Limits

Limits

Maximum Limit of percent( annually

Minimum Limit of percent( annually

Eligible Participants

If the Plan offers a COLA, such COLA shall apply to Retired Participants and other Pension benefitrecipients as specified below:

Participants receiving a Disability Pension

Participants receiving a Deferred Vested Pension

Beneficiaries receiving a joint and survivor annuity under the Plan

10. 04 COMMENCEMENT OF BENEFITS/PAYMENT SCHEDULES.

Delay in Commencement of Pension Benefit Payments

X] No delay

Delay until the earlier of: (not to exceed five( 5) years)

years from the Original Effective Date of the Plan


10.05 CONTINUED EMPLOYMENT AFTER NORMAL RETIREMENT AGE.

A Participant, continuing as an Employee ( as defined in Section 1. 23 of this Adoption Agreement),after Normal Retirement Age:

May elect to receive his Accrued Benefit

X] Shall not receive his Accrued Benefit

1529


10. 06 REPAYMENT OF PENSION LUMP SUM PAYMENT.

Restoration of Credited Service/Time Limit

X] Repayment in full must be made within one ( 1) year of the Participant' s subsequentReemployment Commencement Date.

Repayment must be made anytime between the Participant' s subsequent Reemployment

Commencement Date and the Participant' s subsequent Termination of Employment.

10. 07 REEMPLOYMENT OF RETIRED PARTICIPANT.

After Reemployment Commencement Date as an Employee ( as defined in Section 1. 23 of this

Adoption Agreement), the Participant:

X] May elect to continue or cease receiving his Accrued Benefit

Shall cease receiving his Accrued Benefit

ARTICLE XI: MISCELLANEOUS PROVISIONS AFFECTING

THE CREDITING OF SERVICE

11. 02 SERVICE UPON REEMPLOYMENT.

X] Credited Service shall be restored regardless of Breaks in Service

Credited Service shall be restored if the Participant has occurred less than

consecutive Breaks in Service( must be equal to or greater than five( 5))

11. 03 PRIOR SERVICE CREDITS WITH OTHER ADOPTING EMPLOYERS.

X] The Employer will accept prior Service credit transfers.

The Employer will not accept prior Service credit transfers.

1630


11. 05 PAST CREDITED SERVICE.

Inclusion of Past Credited Service

Service prior to the Original Effective Date of the Plan (" Past Credited Service") shall not be

included as Credited Service under the Plan

X] Service prior to the Original Effective Date of the Plan, subject to the funding as specified inthis section below, shall be included as Credited Service subject to the following limits:

X] No limit on Past Credited Service

A maximum percent(%) of such Past Credited Service

A maximum years of such Past Credited Service

Excluding such Past Credited Service( specify):

Participant Purchase ofPast Credited Service

Participant is not required to purchase Past Credited Service

X] Participant is required to purchase Past Credited Service using one of the following methods:

X] One-hundred percent( 100%) of the Actuarial Equivalence of the Past Credited Service to

be purchased.

Other method or formula( specify):

Participant Payment Time Period for Purchase ofPast Credited Service

X] Participant payment must be made in whole within one-hundred eighty ( 180) days ofnotification of the payment amount by the Employer.

Participant may elect to make the required payment in accordance with the schedule specifiedabove or in periodic annual payments for a period not to exceed years

maximum five( 5) years).

If the Participant elects to make periodic payments, the payment will be increased to include

interest at a rate of five percent( 5%) compounded annually. Interest shall begin on the firstday of the month following the month of notification of the payment amount by theEmployer shall end on the last day of the month preceding the final payment.

Other time period( specify):

11. 07 QUALIFIED MILITARY SERVICE.

Return to Employment Yes No

Mandatory Employee Contributions required to receive Credited [--] X]

Service

Death During Military Service

Credited Service for period of Military Service granted to [--] X]

Participants who die during Qualified Credited Military Service:

1731


Disability During Military Service

Credited Service for period of Military Service granted to [__] pqParticipants who become Disabled during Qualified CreditedMilitary Service

Vesting Upon Disability

Service for vesting purposes is granted to a Participant who [__] X]becomes Disabled during Qualified Military Service. ( Must select

if granting Credited Service for Disabled Participants)

Differential Wage Payments

Differential Wage Payments treated as Compensation during [ xiQualified Military Service

1832


ARTICLE XII: MISCELLANEOUS PROVISIONS

AFFECTING THE PAYMENT OF BENEFITS

12. 06 FORFEITURE OF BENEFITS.

X] Apply forfeiture of benefits provisions for Participants convicted of certain crimes

Do not apply forfeiture ofbenefits provisions for Participants convicted ofcertain crimes

ARTICLE XIV: PARTICIPANT ADMINISTRATIVE PROVISIONS

14.02 NO BENEFICIARY DESIGNATION.

X] If the Participant has not designated a Beneficiary, or all Beneficiaries have predeceased theParticipant, benefits should be paid according to the order specified in Section 14.02 of thePlan.

Other order of Beneficiaries:

The Employer hereby agrees to the provisions of this Adoption Agreement, Plan and Trust, and in witness of itsagreement, the Employer by its duly authorized officers has executed this Adoption Agreement, on the date specifiedbelow.

LEE COUNTY, GEORGIA

By:

Title:

Date:

SIGNATURE PAGE 19

33

ov NTY. Ge `asnl•vpi o9Q11v` °

91'. LEE COUNTY, GA

sod 'off- GOVERNMENT

11`uti'E° 6.° 1615=

SUBJECT: Old Defined Benefit Plan DATE SUBMITTED: 7/ 14/ 15 DIVISION:


Regular

CONTACT PERSON: Ron H. Rabun or Jimmy Skipper DEPARTMENT: Administration Consent


Consideration to approve Resolution to terminate the previously established " Lee County Defined Benefit Plan" and purchaseannuities for the two remaining participants and place the proceeds of this termination into a cash revenue account.

BACKGROUND:

Lee County' s old defined benefit ( DB) plan is dormant, but is still on our books. There are only two ( 2) retired participants inthe plan. The old plan is administered by Regions Bank and had a total asset value of$ 269,362.00 as of July 1, 2013. Staff hasconcerns about fiduciary liability to the Board of Commissioners who maintain dormant or inactive retirement plans withoutregular Retirement Board oversight. A recommended strategy from ACCG and from outside legal counsel to remove thisliability from Lee County is to close out this old retirement plan and to purchase an insurance annuity for the two ( 2) retiredformer employees covered under this old DB plan. The assets of the plan will allow for the purchase of these annuities, pay forattorney services and closing costs and still leave approximately$ 150, 000 that the county would have unrestricted access to.The County Manager recommends that this money be placed in a cash reserve account.

Legal services were secured in May 2015 from the Benefits Law Group ( BLG) in Atlanta to advise the county in this matter. Thecost for these services is projected to be less than $ 2, 000.00. Attorney Patricia K. Keesler with BLG has indicated-that as agovernmental employer, Lee County is not subject to the excise tax on pension plan reversions and is able to use the excessassets for any purpose and would not be limited in any way to the transfer and use of these funds.

ATTACHMENTS:

1. Draft Resolution

2. Engagement letter from Benefits Law Group ( BLG)


Legal: J. S per Date: Approved

Finance: 41,, Paper: l DApproved w/ Conditions

Other: N/ A Not Required a Denied

El Continued to:

USER DEPT.: Administration COSTS: No net costs

FUNDING SOURCE:

SUBMITTED BY: CURRENT FY: 2015 Capital Improvement

r OperatingAPPROPRIATION CODE: DOther

County Manager AFFECTED PARTIES:

Notified after consensus.

34

Resolution to Terminate

Lee County Defined Benefit Plan

WHEREAS, Lee County (the "County") previously established the Lee County DefinedBenefit Plan (the "Plan");

WHEREAS, the Plan was previously frozen and currently has only two (2) participantswith frozen or deferred vested pension benefits, which are 100% vested;

WHEREAS, the County desires to terminate the Plan and purchase annuities for the tworemaining participants;

WHEREAS, Plan assets are in excess of the amount necessary to fund such annuitypurchase and;

WHEREAS, Plan assets remaining after all obligations of the Plan have been paid shallrevert to the County.

NOW THEREFORE, THE COUNTY HEREBY RESOLVES AS FOLLOWS:

RESOLVED, that the Board of Commissioners of Lee County, Georgia, at a meeting heldon the day of 2015, hereby terminates the Lee County DefinedBenefit Plan;

FURTHER RESOLVED that County Manager Ron Rabun is authorized by the Countyto purchase the required annuities and to execute any contracts or documents and take allfurther actions necessary to carry out the intent and purposes of the foregoing resolution.

FURTHER RESOLVED that a true copy of this resolution be recorded in the County'srecords as of this date.

Adopted this day of 2015.

LEE COUNTY

Chairman

Attest

35

From: Patricia Keesler rmaiito:pkeesler& benefitslawgroup. com]Sent: Thursday, May 21, 2015 10: 10 AMTo: Ron Rabun

Cc: Jimmy Skipper; Rick MuggridgeSubject: RE: Old DB plan; engagement It( BLG- Patti IKeesler)

Ron,

Thank you for returning the engagement letter. I will work on your resolutions next week.

There are no legal requirements for notifying participants of the termination and annuities, under a governmental plan.However, in the private sector there is a very specific 60-day notice that must be provided. In an abundance of caution, Iwould suggest we use a similar notice, which I can prepare with the help of the actuary. It is called " Notice of Intent toTerminate" and I can send you a sample next week with the resolution.

My firm is not in a position to find your annuities. You will need a broker for that. Perhaps someone at Regions. Areeither already in pay status?

You will need your actuary to tell you the benefit amounts that need to be annuitized. I do know your actuary, ChuckCarr. I have already corresponded with him on this case!to see if he had a copy of a plan document. I can ask him to giveyou the information you need. Would you like a quote on his fees for his help with the plan termination before doing so?I will not be in the office Friday- Tuesday but should be!able to get you something next week.Patti KeeslerAttorney at Law

Benefits Law Group800 International Tower229 Peachtree Street, NE BENEFITSAtlanta, GA 30303

LAW GROUPP: 404-995-9592 F: 404- 995-9515P.K KeesIer, RC

pkeesler oC. benefitslawgroup. corn

36

Melissa Ibach

From: Christi DockerySent: Tuesday, July 28, 2015 11: 13 AMTo: Melissa Ibach

Subject: FW: ROLLIN' SMOKE WOOD FIRED BAR B QUE

Christi DockeryCounty ClerkLee County Board of Commissioners110 Starksville Avenue North

Leesburg, Georgia 31763www.lee.ga.us

Phone — 229- 759- 6000

Fax-- 229- 759- 6050

From: Paul Wells [ mailto: Daulwells(agriffinlumber.com]

Sent: Thursday, July 16, 2015 11: 23 AMTo: Christi DockerySubject: ROLLIN' SMOKE WOOD FIRED BAR B QUE

Ms. Dockery,Thank you so much for speaking with me on the issue of a bar b que concession stand business licence.I understand after speaking with Ms. Marsha in planning that I can' t operate a food stand in Lee county.After investing close to 50K in this business venture, and getting permission from the kind gentlemanwho operates the DUI school to set up on his premisis every other weekend, I was told that I can nothave a business licence. I am requesting that I have the opportunity to come before the commission andstate my case. With not trying to get anyone in trouble, Meatslinger' s bar b que sets up the sameconcession

trailer that I am seeking to do on Hwy 82 across from the Doublegate Easy Mart twice a month also. I amtrying

to create a new business where I can bring in new tax dollars to Lee County and in the near future opena new

bar b que restaurant. If there is any way that you can help me, please call me @881-5111 or e- mail me.Thank you for your help, and it was a pleasure speaking with you on the phone.Paul Wells

1 36A

v,°orenTu,..,..00' 6)

LEE COUNTY, GA

GOVERNMENT

SUBJECT: CR 452 Forrester Parkway, Phase II and DATE SUBMITTED: 07/ 23/ 15 DIVISION: 7400Westover Extension, Phase II Bid

AUTHORIZED BY: Matthew Inman, PE AGENDA DATE REQUESTED: 07/ 28/ 15 TYPE:

X RegularCONTACT PERSON: Matthew Inman, PE DEPARTMENT: Planning Consent


Approve the low bid from Lather Engineering for $94,950.00 for engineering services of CR 452 Forrester Parkway, Phase II (2.21miles)/ Westover Extension, Phase II(. 90 mile).

BACKGROUND:

Sealed bids were accepted for engineering services for CR 452 Forrester Parkway, Phase II (2.21 miles)/ Westover Extension, Phase II (.90mile). All bids were reviewed and staff recommends the low bid for engineering services from Lather Engineering of$ 94,950.00 beapproved. Other bids submitted were EMC Engineering at$ 115, 000.00 and Cranston Engineering at$ 130,217.00. Cost estimates for thisdesign( based on$ 40,000 per mile typical design fee) were estimated to be$ 124,400.

ATTACHMENTS:

1. RFP Solicitation Letter

2. Bid Summary3. Maps

4. Contract

REVIEWED BY( INITIALS): ADVERTISED: COMMISSION ACTION:Legal: N/ Date: ApprovedFinance: I Paper:

pp

p Approved w/ ConditionsOther: N/ R Not Required Denied

Continued to:USER DEPT.: Planning COSTS: $ 94,950.00 ( SPLOST V))

FUNDING SOURCE:SUBMIT ED BY: CURRENT FY: Yes Capital Improvement

OperatingAPPROPRIATION CODE: Other

County Manager f 255- 5- 0000- 588605

37

Lee County Planning Zoning & EngineeringDepartment

V tie e I

RFP for Engineering Services forCR 452 Forrester Parkway, Phase II Westover Extension Phase II

Lee County, GeorgiaJune 5, 2015

RON RABUN

CO11nry Manager

The Lee County Board of Commissioners will be accepting sealed bids forMATTHEW INMAN Engineering Services for CR 452 Forrester Parkway Phase II (2.21 miles) and

Director of Planning, Westover Extension Phase II (0.90 mile).Zoning& Engineering

KATRINA CHAMBERS Work should be completed within 6 months of the notice to proceed of theAdministrative Assistant selected consultant. Payment will be made based on invoices stating a percentage

JAMES WRIGHT complete for the project scope of services.Code Enforcement

Other documents: The winning bidder/contractor will be required to execute aBEN ROBERTS

Code Enforcement non-collusion certificate, provide proof of insurance, SAVE documentation,

contractor affidavit and other necessary documents prior to execution of contract.MARCIA STUDLEY

Zoning Administrator

There will be a mandatory pre- bid meeting scheduled for June 30, 2015 @ 10: 00am in the Opal Cannon Auditorium located at 102 Starksville Avenue, N,Leesburg Georgia.

Please submit 1 ( one) original and 5 ( five) copies of sealed bids to the CountyManager' s Office, 110 Starksville Aveue, N., Leesburg Georgia 31763. Please

Lee County, Georgiamark outside of envelope " Sealed Bid CR 452 Forrester Parkway Phase HI102 Starksville Ave., N p Y

Leesburg, GA 31763 Westover Road Extension Phase II Surveying and Engineering". Bids will be229) 759- 6000 accepted until 10: 00 AM and will be opened publicly at 10: 05 AM, Thursday,

Fax:( 229) 759- 6032 July 16, 2015 in the Opal Cannon Auditorium located at 102 Starksville Avenue,Web: www.lee.ga.us

N., Leesburg, Georgia.

Any questions must be received no later than seventy-two ( 72) business hoursprior to the bid opening. All questions should be sent via email to

[email protected].

The Lee County Manager reserves the right to reject any or all bids. Lee County isan Equal Opportunity Employer.

One ofthefirrtoriginal counties of

Georgia

Established

June 9, 1825

38

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G- 0;1; 17-Na.o+o , Lee Co. Planning, Zoning,& Engineering Department

1:77 CR 452 FORRESTER PARKWAY, PHASE II WESTOVER EXTENSION, PHASE IIt

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P. DB1147 '• 169 lTHOMAS A.

a in I AWWI n AO KERSEY 1, - N. 1i

AGREEMENT FOR

ENGINEERING AND LAND SURVEYING

PROFESSIONAL SERVICES

CR 452 FORRESTER PARKWAY, PHASE H&

WESTOVER EXTENSION, PHASE II

THIS AGREEMENT made as of this day of 201_, by andbetween the LEE COUNTY BOARD OF COMMISSIONERS hereinafter referred to

as the " Client", LANIER ENGINEERING, INC. hereinafter referred to as the

Consultant".

WHERAS, the Client intends to implement the CR 452 FORRESTER

PARKWAY, PHASE II AND WESTOVER EXTENSION, PHASE H; and

WHEREAS, the Client requires certain technical services for the implementation

of such project; and

WHEREAS, the Client recognized that the Consultant has the expertise which it

requires; and

WHEREAS, the Parties hereto are desirous of entering into an agreement forConsultant to furnish the various technical services hereinafter described which the client

requires.

NOW, THEREFORE, in consideration of the premises and the mutual covenants

herein contained, the Parties do hereby agree as follows:

SCOPE OF SERVICES

1. Provide field run topographic survey of the project limits including drainageoutfalls and any other areas necessary. Tie into existing control and propertyboundaries to be provided digitally( in cad format) by EMC Engineering Services,Inc. Locate wetlands as marked and prepare wetland plat for use in Jurisdictional

Determination.

2. Provide wetland delineation within the project limits and submit for Jurisdictional

Determination by the USACE. Provide necessary paperwork to request a USACENationwide Permit for a wetland impact of less than 1/ 10 acre. Also included in

this item is the coordination and meetings associated with the permitting of the

1-

43

GA Power, Rails to Trails, and Colonial Pipeline crossings. This scope does not

include any permit fees associated with any of the above.

3. Prepare route alignment and roadway construction design plans. Prepareconstruction plans for proposed infrastructure including design of roadwayimprovements, grading, drainage, and three-phase erosion, sedimentation andpollution control plan in accordance with GAR 100002. This design will also

address water quality requirements. Submit plans to Lee County and assist inobtaining approvals. Prepare NOI and submit to EPD.

4. Prepare right-of-way and easement acquisition plats. Prepare legal descriptionsfor each parcel to be acquired. Set new property corners along the right-of-way ofnew roads.

5. Prepare preliminary cost estimate with detailed breakdown of construction costincluding quantities and unit prices.

6. Prepare necessary bid documents and specifications, attend bid opening, reviewbids, make a recommendation of award, issue a notice of award, prepare

construction contract, hold pre- construction conference, and issue notice to

proceed.

7. Provide construction phase services to include NPDES stormwater sampling,

weekly BMP inspections, review contractor shop drawings, submittals, and payrequests. Perform pre-final construction review and prepare punch list for

contractor. Perform final construction review and project closeout.

FEES

PROJECT TASK FEE

1. Field run topographic survey( to include project limitsincluding drainage outfalls and any other areas necessary)

11,400.00

2. Environmental Services( to include wetland delineation

and permitting along with all other necessary permits includingGA Power, Rails to Trails, and Colonial Pipeline)

10,200.00

Excludes permit fees, mitigation credits, etc.)

3. Route alignment and roadway design ( to include E& S design46,400.00

and permitting in accordance with GAR 100002)

4. Preparation of Right-of-way and easement acquisition plansBased on Stamped Boundary Survey to be provided by Lee 7, 100.00

County)

2-

44

5. Preparation of preliminary cost estimate( detailed breakdownof all construction cost including unit cost)

1, 500.00

6. Bidding& Contract Phase Assistance( preparation of necessary

bid documents and specifications, attend bid opening, review of $ 5, 100.00

bids, recommendation of award, notice of award, preparation of

contract, pre-construction conference, notice to proceed.)

7. Construction Phase Services( to include NPDES sampling, weekly

BMP inspections, review of contractor shop drawings, submittals $ 13, 250.00

and pay request)(assume a 6 month construction period)

Tasks 1 — 5: Survey, Environmental, Design 76,600.00

Tasks 6— 7: Bid, Contract, Construction Phase 18, 350.00

Total Fee = 94,950.00

Additional Information for Above Fees

Tasks 1 and 4— This fee is based on Lanier Engineering, Inc. being provided a stampedplat of the previous survey work that has been performed by EMC Engineering Services.That information shall also be provided in digital format( cad file, point file, etc.). It is

assumed that the information provided will include but not be limited to survey control,point files, autocad files, field notes, etc.

The above fees do not include any preliminary staking of right-of-way prior toacquisition. If this service is requested, Lanier Engineering, Inc. will provide it at thehour rates listed below or a lump sum can be provided when a scope is defined.

Task 2— This fee includes the wetland delineation, jurisdictional determination, and

necessary preparation of paperwork work for one wetland impact Nationwide Permit withless than 1/ 10 acre of disturbance. If impacts exceed the scope of this proposal, the extra

work will be invoiced at$ 100. 00 per hour. Any permit over 1/ 10 acre of disturbancerequiring mitigation will be additional services.

Task 7— This fee is based on an assumed 6 month construction duration. If the duration

of construction is more or less than this, the fee can be adjusted accordingly by $300 per

week. Alternatively, the Contractor could be required to be primary permittee.Responsibility for NPDES sampling and weekly BMP inspection could be placed in theconstruction contract. Under this scenario, our fee listed above would be reduced by

4,950.00.

3-

45

ADDITIONAL SERVICES

Lanier Engineering, Inc. does not anticipate any additional services to be required for thisproject. Before any additional services are preformed, Lanier Engineering, Inc. willsubmit a description of the proposed additional services to Lee County in writing. LeeCounty will be informed of the reason, expense, estimated time, etc. for any additionalservices. Fees for additional services will be billed at an hourly rate based on the numberof hours spent performing the service.

Hourly rates are as follows:

Professional Engineer 125. 00/ hour

Project Engineer— EIT 100. 00/hour

Project Manager 100. 00/hour

CADD Technician 70.00/hour

Administrative Support 40.00/hour

Registered Land Surveyor 125. 00/hour

Survey Crew:3- Man Party 150. 00/ hour

2- Man Party 120.00/ hour

GPS 50. 00/ hour

Robotic Total Station 40.00/hour

I. OBLIGATION OF CLIENT

The Client shall provide all the necessary support to assist Consultant in the performanceof its services outlined above in regard to the project as follows:

a. Provide timely overall policy direction for project;

b. Provide legal services incidental to or necessary for: entering into contracts orresolving contract disputes, acquisition of rights-of-way and exercise ofeminent domain;

c. Inform Consultant of and assist Consultant with any unusual site conditions;

d. Provide easements or rights-of-way necessary for design and construction ofthe project;

e. Payment of Legal Notices, Advertisement fees, and Permit Fees; and

f. Make itself, its employees and officials available to Consultant for timelyconsultation and decision-making.

4-

46

II. TIME OF PERFORMANCE:

Upon execution of this Contract by the Client, Consultant will commence

performance of its services hereunder, and will complete same within a time

period required to meet project schedules.

III. COMPENSATION

In consideration of services rendered under the provisions of the Contract,

the Client will pay the Consultant fees for services rendered a fee of

94,950.00.

IV. METHOD OF PAYMENT:

Compensation for services rendered and associated expenses under this

Contract shall be made in monthly payments in proportion to progress on

project activities as billed by the Consultant.

V. THE PROJECT:

The project for which the funds have been or will be committed is

generally described as follows:

CR 452 FORRESTER PARKWAY, PHASE II AND WESTOVEREXTENSION, PHASE II

VI. NOTICES AND REPRESENTATIVES:

a) All notices required herein between the parties hereto shall be

given in person or by mail and if by mail such notice shall be

5-

47

considered as given on the date following date of mailing in

the United States Mail with proper postage affixed thereto

and addressed as follows, which are the respective names and

addresses of the Client and Consultant:

CLIENT: Lee County Board of CommissionersAdministration Building110 Starksville Avenue North

Leesburg, GA 31763

ATTENTION: Ron Rabun, County Manager

CONSULTANT: Lanier Engineering, Inc1504 W. Third Avenue

Albany, GA 31707

ATTENTION: Tod Lanier, PE, President

b) The persons to whose attention the notices described in

subparagraph( a) above are to be directed shall be the

respective representatives of the Client and the Consultant

who will act as liaisons for administration of the Contract.

6-

48

VII. TERMS AND CONDITIONS:

Payments shall be made by the client to the consultant within 30 days of

invoice. Overdue invoice amounts may be subject to payments of interest at a

rate of 1% per month. Client reserves the right to suspend work on this

project at any time. Consultant shall be paid for work up through the day

work is suspended. IN WITNESS WHEREOF the Parties have made and

executed, sealed and delivered in duplicate as of the day and year first above

written, each of the said Parties keeping one of the copies hereof.

CONSULTANT:

LAMER ENGINEERING, INC

BY:

Tod Lanier, President

ATTEST:

Beth Pollock

CLIENT: LEE COUNTY BOARD OF COMMISSIONERS

BY:

PRINT:

ATTEST:

PRINT:

7-

49

LEE COUNTY, GA

GOVERNMENTsf

SUBJECT: Forrester Parkway Extension, Phase I Change Order No. 1 DATE SUBMITTED: 7/ 23/ 15 DIVISION: 7400

AUTHORIZED BY: Matthew Inman, PE AGENDA DATE REQUESTED: 7/ 28/ 15 TYPE:

X Regular

CONTACT PERSON: Matthew Inman, PE DEPARTMENT: Planning Consent


Approve Change Order No. 1 for Forrester Parkway Extension, Phase I from Oxford Construction in the amount of$67, 130.00.

BACKGROUND:

The following change order has been submitted by Oxford Construction to deal with site conditions that exist on the Forrester ParkwayPhase I project. The site conditions were only discovered after construction began and could not have been discovered prior toconstruction without extensive geotechnical work which would have added significantly to the cost of the project. Item# 1 includes Type IIbackfill to properly bed the large storm drain pipes in an area of high groundwater at the first storm crossing. Item# 2 involved the removalof significant quantities of lime rock from the ditch outfalls from the storm drainage tail ditches and this rock was used where practical as

rip- rap to help with erosion control. Item # 3 follows the soil-cement mix design recommendation in the attached report to import 2- 3

inches in certain areas to help the soil-cement mix design meet the minimum GDOT recommended strength of 450 psi in areas with highclay content.

Change order items:

1. Type II Backfill

a. Installed Type II Backfill where groundwater was present during storm drainage installation20 TN @$ 45. 00) Subtotal$ 900.00

2. Lime rock Excavation

a. Break& excavate lime rock

b. Screen lime rock for rip rapc. Credit for rip rap material Subtotal$ 25,380.00

3. Modify Existing Subgradea. Unclassified Excavation

b. Import& spread 2" - 3" Sand( Per Soil Cement Mix Design)

c. Blend sand into existing subgraded. Additional blending required to break down heavy claye. Construction Layout Subtotal$ 40,850. 00

Total Amount Change Order Request No. 1 $ 67,130.00

ATTACHMENTS:

1. Soil Cement Mix Design Letter from Cornerstone Engineering Consultants, Inc.2. Request for Change Order No. 1


Legal: N/ R Date: Approved

Finance: Paper: Approved w/ Conditions


Continued to:

USER DEPT.: Planning COSTS: $ 67, 130.00( SPLOST VI)

FUNDING SOURCE:

SUBM TED BY: CURRENT FY: Yes Capital Improvement

rk G.` Operating

APPROPRIATION CODE: Other

County Manager 255- 5- 0000- 588605

50

CornerstoneEngineering Consultants, Inc.

Acts 4:10- 12

July 14, 2015

Mr. Jay Griffith, PE

Oxford Construction Company3200 Palmyra Road

Albany, GA 31707

Subject: Soil Cement Mix DesignForrester Parkway Extension— Phase 1

Lee County, GeorgiaCornerstone Project No: 200115024

Dear Jay:

Cornerstone Engineering Consultants, Inc.( Cornerstone) has completed a soil-cement mix designfor the referenced project. We understand the proposed pavement section consists of 8 inchesof soil cement base and 2 inches of asphalt. We visited the site to visually evaluate the subgradesoils and to collect subgrade soil samples for laboratory testing in order to providerecommendations for suitability of the existing soils and a cement content to achieve a suitablesoil-cement base course. The following paragraphs describe our field and laboratory proceduresand present our recommendations.

Field Exploration and Laboratory Testing

On June 26, 2015 we visited the site to collect bulk samples of the subgrade soils. Based on ourobservation, subgrade soil types were somewhat variable across the site. Our visual classificationof the subgrade soils has been presented in Table 2 in the Recommendations section of this letter.The majority of the subgrade soils at the site were a mixture of relatively suitable red and brownsilty clayey sands (SC- SM) and some very plastic yellow clay (CH). Three buckets of this materialfrom different locations across the site were combined into a composite sample to perform themix design for the site.

Once these samples were blended and sieved, the clay content and plasticity of the compositesample was found to be too high to make it suitable for soil cement. As such, per our request,your company provided a bucket of clean sand from your Mobil Pit. The clean sand was blendedwith Sample SC- 1 in both a 1/ 3 proportion by volume and a 1/ 2 proportion by volume. The 1/ 3

Cornerstone Engineering Consultants, Inc.120 N. Poplar St. Ty Ty,GA 31795 I PO Box 785 Tifton, GA 31793

p: 229 386 2473 ; Geotechnical l Materials Testing ; Special Inspections 1 www.csengcon.com 51

Page i2Forrester Parkway Extension Phase 1- Project No: 200115024

July 14, 2015

clean sand and 2/ 3 site soils blend (SC- 1) was found to be ideal for soil cement construction andwas subjected for further laboratory testing.

The laboratory soil-cement mix verification was performed in general accordance with the PCAPortland Cement Association) Short-Cut Test Procedure for Sandy Soils. A soil cement Proctor

was performed in general accordance with ASTM D 558 and compressive strength specimensfrom sample SC- 1 were prepared using three cement contents of 6%, 8% and 10% by volume.

The compressive strength specimens were prepared and cured in accordance with proceduresdescribed in ASTM D1632. At 7 days age, the specimens were tested in general accordance withprocedures described in ASTM D1633 to determine the unconfined compressive strength.Compressive strength was determined for the three ( 3) specimens molded for each cementcontent. The average seven ( 7) day compressive strength results are summarized in Table 2below.

Table 1: Soil Cement Pill Compressive Strength Results

Composite Sample ID Cement Content Average 7- Day Compressive Strengthby volume) psi)

1 6% 440 ..

8% 490

10% 550

Recommendations

The Georgia Department of Transportation ( GDOT) requires a 7- day laboratory compressivestrength of 450 psi. By interpolation, we recommend a 7% Portland cement content by volumebe used on the project. Based on a 94- lb/ cubic foot cement weight, this equates to approximately40 Ibs/ sy of cement for an 8- inch thick base.

Of more importance is the high plasticity of the site soils and the blending of clean sand to makethe existing material suitable for soil cement. Table 2 on the following page shows our estimatedvisual classifications of the subgrade soils across the site, the approximate locations and therecommended sand blend rates. Please consider the station numbers and the transition betweenthe observed soil types to be approximate.

52

Page 13Forrester Parkway Extension Phase 1- Project No: 200115024 July 14, 2015

Table 2: Soil Types and Recommended Clean Sand Blend Rates

Approximate Visual Soil Description RecommendedLocation

Sand

Blend Rate45+00 to 49+00 Red brown clayey sand (SC) 2 inches49+00 to 52+00 Brown red silty clayey sand( SC-SM) with yellow clay( CH) 3 inches52+00 to 61+00 Brown red silty clayey sand( SC-SM) none

61+ 00 to 74+00 Brown red clayey sand( SC-SM) with yellow clay( CH) 3 inches74+00 to 81+00 Red brown slightly silty clayey sand( SC) 2 inches81+ 00 to 84+00 Brown red clayey sand ( SC-SM) with yellow clay( CH) 3 inches

As per the 1/ 3 by volume blend rate for the soil cement mix design, Table 2 shows that werecommend 3 inches of clean sand be blended with the existing soils along most of the roadway.Three ( inches) of sand pre-blended with 6 inches of existing soils should create about 9 inches ofsuitable material and limit the chances of bringing up clayey soils during the final mixing pass.

Of critical importance is the success of breaking down the yellow clay chunks, which are presentat the site, into small pieces that can be properly mixed with the sandier soils. We have discussedthis with you, and we feel that a more than typical pre- mixing effort should be used at the site.You may wish to consider extra passes of the mixer, slowing the mixer down, using the assistanceof a harrow with the mixer and varying moisture contents during mixing operations.

Please consider the stationing in Table 2 to be approximate and based on our visual evaluationand scattered digging into the existing subgrade soils. We suggest that we be requested to visitthe site during pre-mixing to evaluate the plasticity of the soils and the ability of the operationsto break down the clay chunks of soil.

We appreciate the opportunity to work with you on this project. If you have any questions, pleasecall us at (229) 386-2473.

Sincerely,

Cornerstone Engineering Consultants, Inc.r

Casey R. Joyner, PE

Principal EngineerX

7 #A,7741.- ,1/4'

t ,..

53

OXFORD CONSTRUCTION COMPANYf~ " 3200 PALMYRA ROAD • ALBANY, GEORGIA 31707- 1221

PHONE ( 229) 883- 3232 Engineering FAX ( 229) 883- 2962e_ ,'''''';: 1111111wr Accounting FAX ( 229) 883- 4262

a.,firvaJNiwnoi *'

vY•• J • x;:;``:•>»c:;,;'cx:. crr.:xy . u.•..c. ii:;o? ., sc.,. v ... r x.

July 17, 2015

LEE COUNTY BOARD OF COMMISSIONERS

102 Starksville Avenue, North

Leesburg, Georgia 31763

Attn: Mr. Matthew Inman, P. E.

Director of Planning, RE: REQUEST FOR CHANGE ORDER NO. 1

Zoning & Engineering FORRESTER PARKWAY EXTENSION, PHASE I

Lee County, Georgia

Dear Mr. Inman:

We are pleased to submit herewith our Request for Change Order No. 1 for additional

items consisting of Type II Backfill, Limerock Excavation & modifying existing subgrade

with sand to reduce the clay content and produce a blend suitable for soil cement

construction. The specific items of work covered by this proposal are as follows:

A. Type II Backfill

1 . Installed Type II Backfill Where Groundwater

was Present During Storm Drainage Installation20 TN @ $ 45 . 00)

SUBTOTAL $ 900 . 00

B. Limerock Excavation

1. Break & Excavate Limerock

2 . Screen Limerock for Rip Rap3 . Credit for Rip Rap Material

SUBTOTAL $ 25, 380 . 00

C. Modify Existing Subgrade1. Unclassified Excavation

2 . Import & spread 2"- 3" Sand ( Per Soil Cement Mix Design)

3 . Blend sand into existing subgrade4. Additional Blending Required to Break

Down Heavy Clay5 . Construction Layout

SUBTOTAL $ 40, 850. 00I

TOTAL AMOUNT CHANGE ORDER REQUEST NO. 1 $ 67, 130 . 00

54

i _ '.

Lee County/ Leesburif/ Smithville Planning CommissionTROY GOLDEN CHRIS GUARNIERI

Chairman Vice ChairmanMARK WORD, JOHN WOODWARD, LEE JOHNSTON, JASON SHEFFIED, CLAY GRIFFITH

Planning Commission

Draft)MEETING MINUTES

July 21st, 2015T. PAGE THARP GOVERNMENTAL BUILDING

6: 00 P.M

Members Present: Troy Golden, Chris Guarnieri, John Woodward, Lee Johnston, Jason Sheffield andClay Griffith

Members Absent: Mark Word

Staff Present: Marcia Studley

Public Present: William Hancock and Bobby Donley

MEETING CALLED TO ORDER

Chairman Troy Golden called the meeting to order at 6: 00 p.m.

II. INVOCATION

Lee Johnston led in prayer

III. APPROVAL OF MINUTES OF MAY 19th, 2015.

Lee Johnston made a MOTION to APPROVE the minutes of May 19th, 2015 with a second byJohn Woodward and MOTION PASSED unanimously.

IV. NEW BUSINESS

PUBLIC HEARINGS

Z15-001L ZONING APPLICATION. WILLIAM A. HANCOCK has submitted an application

to rezone 1. 09 acres of land in Land Lot 51 of the 1st District of Lee County, Georgia. Property islocated on the corner of Old Smithville Road and GA Hwy 195 N. in the City of Leesburg.Application is made to rezone from R-1 Single Family Residential to C- 2 General Business forpurposes of commercial and/ or retail development.

Chairman Golden opened the public hearing and Vice Chairman Guarnieri read the agenda item.Marcia Studley presented the Southwest Georgia Regional Commission' s recommendation forapproval. Stating a citizen had commented on a proposed roundabout being at the location of thesubject property, Ms. Studley explained the DOT plans for the roundabout had not been finalizedand, therefore, could not be released. A visual inspection of the DOT roundabout plans indicatedthe subject lot would be effected; however, subject lot was over one acre in size and there should be

sufficient area remaining for a commercial lot in the event the roundabout was constructed.

William Hancock explained his client was an active farmer in Lee County and wished to be able tosell vegetables and produce at this location.

55

The public hearing was closed with Chris Guarnieri making a MOTION to recommendAPPROVAL of the rezoning petition with a second by John Woodward and vote was unanimousfor recommendation of APPROVAL.

V. ADMINISTRATIVE HEARINGS

GD15- 008 GENERAL DEVELOPMENT PLAN. THORSIN DEVELOPMENT, INC. has

submitted an application to the Lee County/ Leesburg/ Smithville Planning Commission forconsideration of a three phase subdivision to be located in Land Lot 249 of the 2nd District, Lee

County, Georgia. Hillsview Subdivision proposes 97 total lots with an average lot size of 80' x 160'to be served by county water and sewer. Of 55. 36 total acres, 43.71 is developable and 11. 65 acres ofgreenspace is provided. Located off of Hillridge Drive, Hillsview Subdivision is north of FussellRoad.

Marcia Studley presented the General Development Plan and vicinity aerials, explaining the GDPserves as a guide for development of the phases for a period of five years; each phase must be able tostand alone" and was subject to full staff review when submitted. Size of proposed lots was the

same as those lots in the adjacent Hillridge Subdivision and staff had no major nor minor concernswith the plan.

Bobby Donley explained Phase I of the subdivision would be served by existing water and sewer, butPhases II and III would require a new pump station or revisions in lot size and number of lots toaccommodate septic. When asked, Mr. Donley explained the utilities authority had been consultedand the expense of a new pump station was the responsibility of the developer.

Responding to questions and concerns regarding future changes in the General Development Plan,Ms. Studley replied that anything other than minor changes would have to be resubmitted andapproved by the Planning Commission. Ms. Studley and Mr. Donley concurred that a significantchange in the number of lots, size of lots and/ or level of service would be considered more thanminor changes.

The public hearing was closed and Jason Sheffield made a MOTION to APPROVE the generaldevelopment plan with a second by Clay Griffith and MOTION PASSED unanimously.

VI. OLD BUSINESS

None

VII. ADJOURNMENT

John Woodward made a MOTION to ADJOURN with a second by Troy Golden. Vote wasunanimous and meeting adjourned 6: 30 p.m.

56

GATEWOOD, SKIPPER & RAMBO, P. C.Attorneys at Law

410 WEST LAMAR STREET

POST OFFICE Box 488

AMERICUS, GEORGIA 31709

JAMES C. GATEWOOD TELEPHONE: (229) 924- 9316

JAMES M. SKIPPER, JR. TELECOPIER ( 229) 924- 6248

WILLIAM W. RAMBO REAL ESTATEFACSIMILE:• (229) 931-9097

Memorandum

O. MA- GO`n ` CO TINED.`MIS.ME ORAND'UIi

1-4 TORN P 1 . OLEO 4.

AND AY NOT 7ta DISSEMINA EDY3. V , n" ,

S F '

TO: Ron Rabun, County ManagerLee County Board of Commissioners

FROM: Jimmy SkipperCounty Attorney

DATE: July 20, 2015

RE: Removal of Public Hearing Requirement in Connection withApplications Filed for Alcoholic Beverage Licenses in the

Unincorporated Area of Lee CountyOur File No. 8444/634D

Enclosed please find the initial draft of an Ordinance which we discussed at the

last meeting of the Board of Commissioners on July 14, 2015. This proposed

Ordinance amends Section 6- 29(f) of the County Code to remove the requirement of the

Board to hold a public hearing on each new license application. The proposed

Ordinance provides that the Board of Commissioners can simply make a decision

based upon the County Building Official' s recommendation after his or her investigation

of the applicant and the application. The vote on the application by the Board of

Commissioners can be held either at the meeting at which the report and

57

Mr. Ron Rabun

July 20, 2015

Page 2

recommendation of the County Building Official is presented to the Board of

Commissioners or at a later meeting, whichever the Board of Commissioners deems

appropriate.

Based upon this Ordinance, there will no longer be a need for a public hearing.

Likewise, based upon this Ordinance, there will no longer be a need to postpone the

vote on issuing or not issuing the license until a later meeting of the Board of

Commissioners, and there would be no requirement for " two readings" of the license

application in the future. Obviously, while the Board would not be required to hold a

public hearing, if the Board deemed it appropriate to do so, the Board could still hear

from the license applicant and members of the public regarding a particular license

application if the Board deemed it appropriate to do so.

The only other change is to add subsection ( 9) to the standards which must be

considered by the Board of Commissioners when deciding to issue or deny a license.

New subsection ( 9) provides that the Board of Commissioners also consider whether

the proposed location is located within the prohibited distances from schools, churches,

etc. That had already been a consideration in the existing Code under Sec. 6- 59 of the

Code, but I thought it best to add that language as one of the required standards for

consideration in this Code section to insure internal consistency purposes in the

County's alcoholic beverage Ordinance.

58

Mr. Ron Rabun

July 20, 2015

Page 3

Finally, since the public hearing requirement does not now apply to alcoholic

beverage license renewals submitted under Section 6- 30 of the County Code, it does

not appear that any amendment to that section of the County Code is required.

Please let me know if you deem it appropriate for me to make any changes or

revisions to the proposed Ordinance prior to its presentation to the Board of

Commissioners.

59

AN ORDINANCE

TO AMEND CHAPTER 6, ARTICLE II, SECTION 6- 29

OF THE CODE OF ORDINANCES OF LEE COUNTY

TO ELIMINATE THE REQUIREMENT FOR A PUBLIC HEARING

WITH RESPECT TO ALCOHOLIC BEVERAGE LICENSE APPLICATIONS;

TO PROVIDE FOR STANDARDS TO BE USED IN DETERMINING

WHETHER OR NOT AN ALCOHOLIC BEVERAGE LICENSE SHOULD BE ISSUED

BY THE GOVERNING AUTHORITY OF LEE COUNTY;

TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES;

TO PROVIDE FOR AN EFFECTIVE DATE;

AND FOR OTHER PURPOSES

BE IT ORDAINED by the Board of Commissioners of Lee County, Georgia, and

it is hereby ordained by authority of the same, that Chapter 6, Article II, Section 6- 29(f)

of the Code of Ordinances of Lee County, Georgia, is hereby repealed in its entirety

and there is adopted, in lieu thereof, a new Chapter 6, Article II, Section 6-29(f), which

shall provide as follows:

f) After his investigation, the County BuildingOfficial shall make a recommendation to the Board of

Commissioners at their next regularly scheduled meetingregarding whether to approve or deny the application. The

Board of Commissioners shall be authorized, but not required,

to vote on approval or denial of the application at the meetingat which the County Building Official' s recommendation ismade. The decision to grant or deny the application must bebased upon the best interest of the citizens of Lee County asdetermined by consideration of the following factors that aredetermined to be relevant to the applicant:

1) The existence or non- existence of

verifiable information regarding the applicant's work history,status, experience, and reputation;

2) The history of the applicant, if any, in

engaging in fraudulent or criminal activities;

3) Compliance with the application

requirements;

60

4) Adequate and satisfactory reference

response;

5) Proximity of the proposed business todensely populated residential districts;

6) Compliance with zoning regulations;

7) Safety of the premises from which thebusiness shall operate;

8) Past compliance, or past failure to

comply, with state and local laws, regulations, and ordinances;and

9) Whether or not the business is located

within prohibited distances as provided in Section 6-56 of thisCode.

BE IT FURTHER ORDAINED that all Ordinances or parts of Ordinances in

conflict herewith are hereby repealed.

BE IT FURTHER ORDAINED that this Ordinance shall become effective as of

the date of its adoption by the governing authority of Lee County and shall be

applicable to all license applications submitted after that date.

SO ORDAINED, this day of 2015.

Board of Commissioners

of Lee County, Georgia

By:Chairman

Attest:

County Clerk

ACTION TAKEN

FIRST READING:

SECOND READING:

DATE OF ADOPTION:

61

011,,, k04....0„. „4. I' r ' 1 1

LEE COUNTY, GA%i, `

o ' y/

I, GOVERNMENT1 ° L

SUBJECT: Resolution to use Georgia Power meter DATE SUBMITTED: 7/ 22/ 2015 DIVISION:

readings at Kinchafoonee Recreation Center for a solar

power initiative


Regular

CONTACT PERSON: Ron H. Rabun/ Jimmy Skipper DEPARTMENT: Administration LI Consent


Adopt Resolution authorizing the use of historical Georgia Power electric meter readings from the Lee County recreationdepartment ballfield facility on Kinchafoonee Road in order to induce the preparation of a private sector bid from the PatrickInvestment Company to Georgia Power for the construction of a solar array facility on adjacent private property owned byPatrick Investment Company.

BACKGROUND:

Georgia Power as well as other electric utilities have a Federal mandate to encourage the development of alternative power

generation facilities such as solar through its ASI (Advanced Solar Initiative) Distributed Generation Program. A local resident,

Mr. Kyle Smith, Patrick Investment Company is seeking to qualify for this incentive program in order to construct a solar arrayfacility in Lee County on property that is owned by the Patrick Investment Company. One of the evaluation factors in thecriteria for the Georgia Power program is that the bidder must be able to use the historical electrical meter usage data from a

nearby facility that is adjacent to the proposed solar " farm" development. In this case, the adjacent facility is Lee County' sKinchafoonee ballfield facility.

In order for the Patrick Investment Company to use the meter readings data in its bid submission, the county must authorizethe use of this data through adoption of the attached resolution. The meters themselves will not be used, altered or tampered

with in any way, and the power consumption at the ballfield complex will remain as it has in the past.

ATTACHMENTS:

1. Resolution

2. Letter from Patrick Investment Co.


Legal: J. Skipper I Date: a Approved

Finance: N/ R Paper: Approved w/ Conditions


Continued to:

USER DEPT.: Administration 3 COSTS: N/ RFUNDING SOURCE:

SUBMITTED BY: CURRENT FY: Capital Improvement

1 OperatingAPPROPRIATION CODE: Other

County Manage AFFECTED PARTIES: Notified N/ R

62

RESOLUTION

OF THE BOARD OF COMMISSIONERS OF LEE COUNTY, GEORGIA,AUTHORIZING USE OF GEORGIA POWER METER READINGS

FROM THE LEE COUNTY RECREATION DEPARTMENTBALLFIELD FACILITY ON KINCHAFOONEE ROAD

AND FOR OTHER PURPOSES

WHEREAS, the Public Service Commission previously directed Georgia Power

Company( hereinafter" GPC") to increase the amount of electric energy provided by GPC

to its customers through the use of solar energy; and

WHEREAS, one of the responses of GPC to such directive is to establish the

GPC' s 2015/2016 Advanced Solar Initiative Distributed Generation Program (hereinafter

the GPC ASI Program"); and

WHEREAS, Patrick Investment Company (hereinafter" Patrick") has notified Lee

County that Patrick intends to submit a bid/ proposal to GPC in accord with the GPC ASI

Program that will involve the establishment of a solar array on property adjacent to the

Lee County Recreation Department ballfield facility which is presently owned by Patrick;and

WHEREAS, it is anticipated that Patrick' s bid will propose that the solar array besized so that it will generate electricity in an amount of up to 125% peak usage at the

ballfield complex, so Patrick needs to use the data from the GPC electric meter at the

ballfield facility to properly size its proposed solar facility; and

WHEREAS, in furtherance of the foregoing, the governing authority of Lee County

has received a letter from Patrick dated July 15, 2015, a copy of said letter being attachedhereto as Exhibit "A," requesting that the Board of Commissioners grant permission to

63

Patrick to utilize the GPC electric meter readings and consumption data from the GPC

electric meter located at the Lee County Recreation Department ballfield facility on

Kinchafoonee Road in Leesburg, Georgia, for the purpose of Patrick' s preparation of its

bid to be submitted under the GPC ASI Program for 2015; and

WHEREAS, the County's GPC meter located at the Lee County Recreation

Department ballfield facility will never, as a result of the County granting such permission

to Patrick as requested, be used, altered, or tampered with in any way, and the grant of

such permission will not have any affect upon the electric power consumption of the

ballfield complex; and

WHEREAS, the sole purpose of the request from Patrick is to allow that company

the right to use the power consumption data from the ballfield complex in order to prepare

a bid in connection with the GPC Advanced Solar Initiative Distributed Generation

Program for 2015; and

WHEREAS, there is no representation by Patrick, Georgia Power Company,

or any other entity that the Lee County ballfield project will be authorized to connect to the

proposed solar array or receive any benefit therefrom; and

WHEREAS, the Board of Commissioners deem it appropriate to grant permission

to Patrick to utilize the GPC meter readings and consumption data from the ballfield

facility for the purposes aforesaid.

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Lee

County, Georgia, and it is hereby resolved by authority of the same, that Patrick shall be

authorized to utilize the GPC meter readings and consumption data from the Lee County

Recreation Department ballfield facility on Kinchafoonee Road in Leesburg, Georgia, for

64

the purpose of Patrick's preparation of a bid for submission to the GPC Advanced Solar

Initiative Distributed Generation Program for 2015, and that GPC is hereby authorized to

release such meter readings and consumption data to Patrick for such purposes.

BE IT FURTHER RESOLVED that all Resolutions or parts of Resolutions in conflict

herewith are hereby rescinded.

BE IT FURTHER RESOLVED that this Resolution shall become effective upon the

date of its adoption by the governing body of Lee County.

SO RESOLVED, effective this day of 2015.

Board of Commissioners

of Lee County, Georgia

By:Chairman

Attest:

Clerk

65

Patrick Investment Co.

1809 Antioch Rd.-Cordele, GA 31015

Tel 229- 288- 8012

[email protected]

JULY 15, 2015

Lee County Georgia

Dear Lee County,

The purpose of this letter is to request permission to utilize the Georgia Power Meter readings from the Lee CountyRecreation Department ballfield facility on Kitchafoonee Rd. in Leesburg, GA for the purpose of preparing a bid forsubmittal in the Georgia Power ASI program for 2015.

To be clear, the meter located at the Lee County Recreation Department ballfield facility will never be used, altered ortampered with in any way, and the power consumption of the ballfield complex will remain as it has in the past. Thesole purpose is to allow Patrick Investment Co. the right to use the power consumption of the ballfield complex inorder to prepare a bid for entering into the lottery for the Georgia Power ASI program for 2015. The bid/ proposal will

be for the construction of a solar array on the adjacent property currently owned by Patrick Investment Co. based onup to 125% of peak usage from the ballfield complex. There is no guarantee that the proposal package put forth byPatrick Investment Co. will be chosen for construction by Georgia Power.

Information on the Georgia Power ASI program can be found at https:// gpcasidg.accionpowercom/

Thank you for your time and consideration on this matter; Feel free to contact me at 229- 288- 8012 if there are anyfurther questions or comments.

Sincerely,

Kyle Smith

PATRICK INVESTMENT CO.

EXHIBIT

66

Documents

LEE COUNTY TUET. PPAGElee.ga.us/government/meetings/files/boc/2015/072815/BOC_072815... · LEE COUNTY TUET. PPAGE THARP BUILDING M VOTING S SSION ... 2015. 1-4 5. CONSENT ... Individuals