Pike County Times
The Pike County Times, PO Box 843, Zebulon, Georgia 30295. Click here to donate through PayPal. Becky Watts: Phone # 770-468-7583 editor@pikecountytimes.com
 
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This online news website is owned and operated by Becky Watts. The Editor can be reached at 770-468-7583 or at editor(at)PikeCountyTimes(dot)com. Pike County Times is a website for citizens to keep up with local events and stay informed about Pike County government. It began on November 13, 2006 as a watchdog on county government and has turned into an online newspaper.

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REGULAR BOARD OF COMMISSIONERS MONTHLY MEETING
Wednesday, January 11, 2012 – 9:00 a.m.
Courthouse Annex, 79 Jackson Street, Zebulon, Georgia

This meeting was attended by Commissioners Carol Bass, Tamra Jarrett, Tommy Powers, Don Collins and Chairman Doug Mangham, County Manager (CM) Bill Sawyer, County Clerk Teresa Watson, and County Attorneys Rob and Tom Morton.

1. CALL TO ORDER Chairman Doug Mangham

2. PLEDGE OF ALLEGIANCE Chairman Doug Mangham

3. APPROVAL OF THE AGENDA - (O.C.G A. 50-14-1 (e) (1))
Commissioner Tommy Powers made a motion to amend the agenda to include George Norris from the Agribusiness Authority as the invited guest. Motion passed 4-1 with Commissioner Carol Bass dissenting.

4. APPROVAL OF THE MINUTES - (O.C.G.A.§ 50-14-1(e) (2))
Minutes from the following: Regular Monthly Meeting of December 14, 2011.

5. INVITED GUESTS

Agribusiness Authority Chairman George Norris spoke to commissioners and introduced the incoming chairman, David Natoski(?). Chairman Norris said that the Ag Authority’s goal has been to grow new farmers in Pike and that it has been a good year with Market on the Square and Wednesday Market. This has been a way to provide a market for homegrown food, etc. here in Pike. The incoming Chairman said that the main goal of the Ag Authority will be to raise the profile for agribusiness in Pike County even as agriculture is changing and becoming more diversified.

6. REPORTS FROM COMMISSIONS, DEPARTMENTS, COMMITTEES, AUTHORITIES

a. Monthly Reports submitted from County Departments and County Authorities, including a Revenue/Expenditure Statement for all departments, and a summary check register.

A comment was made about no report from the Development Authority and Agribusiness. County Clerk Watson clarified that there was financials from Development Authority and that Agribusiness will be approved for the next meeting. Commissioner Carol Bass asked why there was a $10,750.10 credit from DFACS. CM Sawyer advised that DFACS returns money to the county every year. Commissioner Tamra Jarrett said there always needs to be a listing of the reasons why commissioners go into Executive Session printed as a part of the minutes for any board that meets in Pike County. Motion to approve. 5-0.

b. County Manager Report
• Update on County finances for the following funds/accounts:
General Fund - $2,486,567.27
Jury Account - $0
Cash Reserve Account - $800,742.99
Jail Fund - $31,232.83
E-911 Fund - $52,701.39
DATE Fund - $11,107.60
Juvenile Court Fund - $28,143.12
Residential Impact Fees - $272,180.31
Commercial Impact Fees - $14,576.04
General Obligation SPLOST Tax Bond Sinking Fund, 2011 - 331,277.80
LOST Collections for the month - Not advised in the meeting
SPLOST Collections for the month - Not advised in the meeting

c. County Manager Comments:

Chairman Doug Mangham said that he’s been hearing a lot of rumors about the gas pipeline and asked CM Sawyer to address this. Pike County government does not have anything to do with the extension of any gas line in Pike on Hwy 341.
- Reminder of 1-19-12 Commissioners’ Retreat at 9:30 a.m. at The Depot. [Note from the Editor: This is open to the public.]

d. Commissioner Reports:

Carol Bass - Asked about the Old Hollonville Fire Station. This was discussed in a prior meeting where the county attorney advised that the property can be given back to the original property owner if the county was no longer using it. The county is no longer using this property and CM Sawyer advised that Commissioner Bass could make a motion to this effect. Commissioner Bass gave a copy of the deed to the county and asked to put this on the next agenda so it can be advertised rather than making a motion on it today. [Note from the Editor: It would have been legal to make a motion on this in the meeting and handle it today, but I greatly appreciate Commissioner Bass wanting to advertise it publicly first.]

Commissioner Tamra Jarrett said that she appreciates the input and comments on issues that she has received from citizens. Especially on the Courthouse so she could make the best decision for the majority of voters.

Commissioner Collins asked about transferring the deed on the old Williamson Fire Station. Said that there are empty bays adjacent to City Hall that the City of Williamson would like to use. They are asking for a key to the old building so they can do this. CM Sawyer advised that an intergovernmental agreement needed to be drawn up and it needed to be placed on the next agenda. There are concerns with insurance, etc. that need to be addressed as well.

e. County Attorney Report to Commissioners: N/A.

7. UNFINISHED BUSINESS

a. Appointment for a vacancy on the Board of Assessors to fill the unexpired 4-year term of Keith Revell, set to expire on April 14, 2012. No applications have been received and item can continue to next meeting.

There were no applications. This position will continue to be readvertised until it is filled.

b. Approval/denial of request of Howard Johnson, Johnson Battery, to appeal the Board of Commissioners’ decision at the December 7, 2011 Special Called Meeting that assessed a reduced impact fee of $2500. County Manager recommends exempting all impact fees for this specific expansion.

Commissioner Collins advised that Mr. Johnson called him about the reduced Impact Fee and emphasized to the other commissioners that this is an expansion of an existing building and not a new building. Motion to eliminate the Impact Fee. Motion passed 4-1 with Commissioner Bass dissenting.

c. Appointment for a vacancy on the Pike County Water & Sewer Authority to succeed Tom Lacey, for a full 5-year term, set to expire 12-31-16. Applicant(s) have all met established criteria.

Applicants who applied for this position were Tommy Powers, Tom Lacey, and Virginia A. Terry. Commissioner Collins made a motion to reappoint Tom Lacey. Commissioner Jarrett gave a 2nd to this motion. The motion failed 2-3 with Commissioners Mangham, Powers, and Bass voting in opposition.

Commissioner Bass then made the motion to appoint Commissioner Powers. Commissioner Powers gave the 2nd on this motion. The motion passed 3-2 with Commissioners Collins and Jarrett voting in opposition.

[Note from the Editor: This is an independent authority that was created by state legislation "in order to take the politics out of the water business" and now we have a commissioner as a voting member of this authority. It just plain smells bad to me. And I can think of several motives behind placing a commissioner on an autonomous board such as this and none of the reasons are good ones. But I digress...

I did verify with the County Attorney directly after the meeting that it was legal for all of the commissioners to vote on this--specifically Commissioner Powers who seconded his own nomination to serve on the Water and Sewer Authority. I was advised that he would not gain financially from this appointment so legally he is allowed to vote on this because it is not a conflict of interest. I have researched the Water and Sewer Authority's Enabling Legislation and Bylaws and since this is not specifically prohibited in those documents, it is permissible. I have researched the Ethics part of Pike County's Code of Ordinances and could not find where this violated any of our written laws. So everything that I have researched says this is legal. However, just because something is legal doesn't make it right. I have asked commissioners to err on the side of caution and to avoid the appearance of impropriety for as long as I have been going to meetings here in Pike County. That would be over 10 years for those who are counting... And yet I'm having to write about a county commissioner voting to put himself as a voting member of a board that is accountable to the Board of Commissioners of which he is a voting member... But I digress... again...

It's no secret that certain commissioners have wanted some control over the Water and Sewer Authority for years. It's actually not the first time that a commissioner has been appointed to the Water and Sewer Authority. I remembered Commissioner Powers trying to get on the authority in 2009 but had forgotten that Commissioner Jake Garner was actually appointed back in 2009.

Here are my notes from the September 9, 2009 meeting which can be accessed by going to the County Government link at the top of the page:


IX. UNFINISHED BUSINESS: 1. Appoint one member to the Water and Sewerage Authority: There were three applications for this appointment: Commissioner Tommy Powers, Stephen Brown, and Mark Whitley. Commissioner Parrish Swift made a motion to appoint Stephen Brown. The motion died because of a 2-2 vote. The Chairman did not vote to end the tie. Commissioner Roosevelt Willis made a motion to appoint Commissioner Tommy Powers. The motion died for lack of a 2nd. Commissioner Parrish Swift again made a motion to appoint Stephen Brown. The motion died because of a 2-2 vote because the Chairman did not vote to end the tie. The Chairman ended discussion on this matter by saying that this dies for lack of an appointment. Commissioner Don Collins did ask if it was appropriate for the Chairman to vote on this in order to break the tie. The County Attorney noted that it would take an affirmative vote of three commissioners to pass. It was noted that this will be on the next BOC agenda. [Note from the Editor: I called my commissioner after the meeting and discussed the W&SA appointment. Commissioner Tommy Powers advised that he had withdrawn his application for the W&SA and is backing one of the other candidates. I applauded him for this decision for two reasons. First, I don't believe that any commissioner should have time to spend on another board if they are properly dedicating their time to being a commissioner for their district. Secondly, there is a question of motives for wanting to have a commissioner on this board--especially after the uproar over the waterlines that were installed in north Pike County. Do I even need to point out that the commissioners put past-Commissioner Jake Garner on this board after his obvious anger with the W&SA and that this is Jake's seat that is being reappointed because he resigned from it? (He would have been replaced regardless since he had missed three meetings in a row.) I have said many times over the past ten years in Pike County politics that commissioners should act in a manner that is above reproach, and this just did not pass the smell test that we hear about from another citizen activist. Hopefully commissioners will step back and look at things from the voters' eyes before something like this occurs again.]


How soon we forget where we have been in Pike County. I feel like we're going in circles sometimes. Take a deep breath and repeat after me: Act in a manner that is above reproach. Avoid the appearance of impropriety. And for goodness sake, err on the side of caution when it comes to power and politics in Pike County because we have a long, sordid history!

Long story made short: I would like to see this vote rescinded. The vote may be legal, but it doesn't smell ethical and it is bound to cause numerous problems down the road for the commissioners and the Water and Sewer Authority if it is allowed to stand. And I do want to say thank you to Tom Lacey for volunteering on this board for 11 years. Your service has been invaluable to Pike County and it is appreciated.]

Update 1.12.11:

d. Revisit the Board of Commissioners’ vote of August 16, 2011 to direct a request to local legislators to pursue combining of the Pike County Magistrate and Probate Courts.

CM Sawyer asked the Commissioners to hold off on combining these two courts until after he can get additional costs on this because the numbers that the Commission originally relied on were skewed. He asked that they hold off until at least the county gets into the budget. Motion to accept recommendation of the County Manager to rescind the August 16, 2011 motion to combine the courts. 5-0.

e. Approval/denial of Agreement with Contractor, John W. Spratlin and Son Inc., of Lincolnton, Georgia, for renovation and addition to the historic 1895 Pike County Courthouse, in the amount of $2,670,000 with a start date of March 1, 2012 and completion within 360 days. Project Manager, County Manager Bill Sawyer, recommends approval.

Motion to go with the $2.67 million as recommended by the County Manager. Question on whether this was the metal or composite roof. This one is the metal roof. Discussion of whether a composite/shingle or metal roof would have a longer life and better value. Leaks shouldn't be a problem because of the pitch of the roof. Hail damage would be covered by insurance though neither fair so well. Commissioner Bass said that there is no furniture or landscaping in this project and thinks that $77,000 for the metal roof would be better served by covering those needs. Commissioner Bass said that people called her and were concerned about maintenance on the roof. Commissioner Collins said that a properly installed roof should not have any leaks and that the contractor is responsible for this. He also said that it may need repainting in 20 years but it is more servicable and attractive than shingles/composite. It was said that we only have a 20 year warranty on the roof but that it should last much longer than that. Question about which was better for fire protection. Was advised that above a certain square footage that shingles with asphalt in them couldn't be used. The County Manager was asked which he would recommend and said the he endorsed the $2.67 million bid. Motion to go with County Manager's recommendation. 4-1 with Commissioner Bass dissenting.

8. NEW BUSINESS

a. Election of Vice Chairman for the Pike County Board of Commissioners for 2012.

Motion to appoint Tamra Jarrett. Approved 5-0.

b. Approval/denial of Resolution to Set Qualifying Fees for 2012 County Elections. County Manager recommends approval and fees will be published as required.

Motion to approve. 5-0.

c. Approval/denial of Resolution to Increase Homestead Exemption from School District ad valorem taxes for citizens who are 65 years of age and older to $27,000 as recommended by Board of Education. County Manager recommends approval so Resolution can move forward to legislature.

Commissioner Bass said that she has had phone calls on this and it's not as simple as first glance. This was originally passed on March 5, 2008 by the Board of Commissioners. She asked that since a previous board had approved a similar resolution, to set aside the old resolution and then vote on a new resolution. Discussion of the resolution and the qualifications for the exemption. This board did not pass the resolution and the school board made this decision based on their budget with a request that the Board of Commissioners pass the resolution in order to send it to the State Legislature for passage. If it is signed by the State House and State Senate, then it will be placed on the November ballot for voters to approve here in Pike County. County Attorney Rob Morton advised that he did not know what happened to the prior resolution but didn't think that it was necessary to rescind the prior motion because it was made by a prior Board of Commissioners. He said that current commissioners can clarify that this is a new resolution that is being approved by the current Board of Commissioners. Motion to approve this Resolution. Approved 5-0.

d. Appointment for a vacancy on the J. Joel Edwards Public Library Board to fill the unexpired term of Mary Milner, set to expire August 31, 2012, to complete a three-year term. Applicants have met all criteria.

Rhonda Brannon and Jodi D'Hollosy put in applications for this vacancy. Motion to appoint Jodi D'Hollosy. Approved 5-0.

e. Approval/denial of renewal for Alcohol License (Retail Sales) for Beer for Dexter Whitlock, DG&I Holdings, LLC, d/b/a The Country Store, 3402 Highway 362, Williamson. County Manager recommends approval; applicant has met all criteria.

Motion to approve. 5-0.

f. Public Hearing. REZ-11-27. Receive public input on Rezoning C-2 (General Commercial) zoned property to A-R (Agricultural Residential) zoning, property owned by Bonnie Byrd Gardner, Tax Map Parcel #072 032A.
Approval/denial of REZ-11-27 as noted above.

Director of Planning and Development David Allen advised that this is the last group of rezonings that was started last April. He advised that these were not on the December agenda because the office was in the process of getting owner consent forms and letters on the reversion of these parcels. Some of the parcels are smaller than 3 acres so this process entailed confirming or rectifying plats of smaller parcels to be absorbed into larger parcels. Some of the lots are not legal size and the staff had to go back to very old maps to verify the lots. This was Director Allen's introduction for the entire list of rezonings.

Motion to approve recommendation of staff. 5-0.

g. Public Hearing. REZ-11-28. Receive public input on Rezoning C-2 (General Commercial) zoned property to A-R (Agricultural Residential) zoning, property owned by Earl and Donna Evans, Tax Map Parcel #085 014A.
Approval/denial of REZ-11-87 as noted above.

Motion to approve. 5-0.

h. Public Hearing. REZ-11-29. Receive public input on Rezoning C-3 (Heavy Commercial) zoned property to A-R (Agricultural Residential) zoning, property owned by Ronald Coventry, Tax Map Parcel #085 008.
Approval/denial of REZ-11-29 as noted above.

Motion to approve. 5-0.

i. Public Hearing. REZ-11-30. Receive public input on Rezoning C-2 (General Commercial) zoned property to A-R (Agricultural Residential) zoning, property owned by Marjorie Cochran, Tax Map Parcel #084 029.
Approval/denial of REZ-11-30 as noted above.

Motion to approve. 5-0.

j. Public Hearing. REZ-11-31. Receive public input on Rezoning C-2 (General Commercial) zoned property to A-R (Agricultural Residential) zoning, property owned by Bobby Blount, Tax Map Parcel #069 013.
Approval/denial of REZ-11-31 as noted above.

Motion to approve. 5-0.

k. Public Hearing. REZ-11-32. Receive public input on Rezoning C-2 (General Commercial) zoned property to A-R (Agricultural Residential) zoning, property owned by Johnny and Joan McLeroy, Tax Map Parcel #076 012.
Approval/denial of REZ-11-32 as noted above.

This was absorbed into a larger lot. Motion to approve. 5-0.

l. Public Hearing. REZ-11-33. Receive public input on Rezoning C-2 (General Commercial) zoned property to A-R (Agricultural Residential) zoning, property owned by Phil Shackelford, Tax Map Parcel #074 092
Approval/denial of REZ-11-33 as noted above.

Motion to approve. 5-0.

m. Public Hearing. REZ-11-34. Receive public input on Rezoning C-3 (Heavy Commercial) zoned property to A-R (Agricultural Residential) zoning, property owned by Thomas and Marlene Proctor, Tax Map Parcel #070 037D.
Approval/denial of REZ-11-34 as noted above.

Motion to approve. 5-0.

n. Public Hearing. REZ-11-35. Receive public input on Rezoning C-2 (General Commercial) zoned property to A-R (Agricultural Residential) zoning, property owned by Thomas and Marlene Proctor, Tax Map Parcel #069 041.
Approval/denial of REZ-11-35 as noted above.

It was noted that there was no response from the owner, but it is a legal lot of record dated prior to the rezoning. Motion to approve. 5-0.

o. Public Hearing. REZ-11-36. Receive public input on Rezoning C-2 (General Commercial) zoned property to A-R (Agricultural Residential) zoning, property owned by Daniel W. Ray, et al, Tax Map Parcel #076 020.
Approval/denial of REZ-11-36 as noted above.

Absorbed into larger acreage. Motion to approve. 5-0.

p. Public Hearing. REZ-11-37. Receive public input on Rezoning C-2 (General Commercial) zoned property to A-R (Agricultural Residential) zoning, property owned by James Timothy Collins, Tax Map Parcel #086 048.
Approval/denial of REZ-11-37 as noted above.

Motion to approve. 5-0.

q. Public Hearing. REZ-11-38. Receive public input on Rezoning C-1 (Neighborhood Commercial) zoned property to A-R (Agricultural Residential) zoning, property owned by Bobby Blount, Tax Map Parcel #069 047.
Approval/denial of REZ-11-38 as noted above.

Motion to approve. 5-0.

9. PUBLIC COMMENT- (Limited to 5 minutes per person)

10. EXECUTIVE SESSION

a. County Manager requests consultation with the county attorney, or other legal counsel, to discuss pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the county or any officer or employee or in which the county or any officer or employee may be directly involved, as provided in O.C.G.A. §50-14-2(1), germane to Magistrate.

The Commissioners went into Executive Session at 9:49 a.m. and came back into Open Session at 9:57. Adjournment at 9:57 a.m.

11. ADJOURNMENT

Agenda subject to revision.
1.11.12
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