Douglas Accepts $375,000 Settlement

A $375,000 settlement agreement with Lexon Insurance Company, approved Tuesday by the , will go to work on the unfinished Whitestone subdivision.

County Attorney Ken Bernard said the county filed suit when the original developer went “belly up” and some items were not completed, including sidewalks, roads and a bridge. Bernard said the bridge has become a public safety issue because of flooding.

“The county cannot receive a windfall,” the attorney said. “The amount will not complete the subdivision.”

According to the settlement agreement, Whitestone Development, LLC provided performance and maintenance bonds required by the county for completion of required improvements in the development. Lexon issued two bonds in connection with the development improvements.

When the improvements were not made, the county filed suit and the agreement was reached.

The agreement states that the settlement will be paid within five business days of the agreement being signed by the county. Upon delivery of the funds, the county releases Lexon, Bond Safeguard Insurance Company and all other affiliated parties from anything related to the bond, lawsuit or development.

Also on Tuesday, the board approved contracts for several organizations and individuals, including two attorneys for Juvenile Court.

Juvenile Court Judge Peggy Walker told members during Monday's work session that she wants to increase the salary for the attorneys by $500 a month since she ties them up for at least two and a half days a week.

“I think that’s a very small amount of money for the time that they’re giving the court and the quality of the representation,” Walker said.

Walker said she plans on hiring someone to replace a third attorney who recently resigned, and she might eventually ask the board for permission to hire a fourth.

“I haven’t done that yet because we’ve been able to work things, so I can manage it with three. But there may come a time,” Walker said. “The reason I say that is if you have a group of nine children and you’ve got three different fathers, then you’re going to have more issues with legal representation. And, because that’s beginning to happen with more frequency, at some point I might come to you and ask for that.”

In other business, the board:

• Voted to amend the budget by $37,000 to adequately complete attorney billing for November and December for Juvenile Court.
• Voted to accept an Emergency Management Performance grant in the amount of $27,652.
• Voted to accepted a donation of $1,500 from for the purchase of emergency preparedness materials to be distributed to citizens.
• Approved a payment of $7,437 above the original contract amount to CP Richards Construction Company, Inc. for the new Lithia Springs Park.
• Accepted the 2012 SCAAP grant for $35,119.40 for the Douglas County Jail to be used for new equipment and training for jail staff.
• Vote to increase out-of-county fees to 25 percent for all parks and recreation programs, facility rentals, and field and picnic pavilion reservations.