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Tuesday, October 29, 2013 – 6:30 p.m.
Courthouse Annex, 79 Jackson Street, Zebulon, Georgia
1. CALL TO ORDER....................................................................................Chairman J. Briar Johnson
2. INVOCATION……………………………………………………………………………Ben Maxedon
3. PLEDGE OF ALLEGIANCE...................................................................Chairman J. Briar Johnson
CM Hanson is on a vacation that was scheduled before he took the position as county manager. All five commissioners were there along with County Clerk Jo Ann Wrye to take the minutes.
4. APPROVAL OF THE AGENDA - (O.C.G A. 50-14-1 (e) (1))
5. APPROVAL OF THE MINUTES - (O.C.G.A.§ 50-14-1(e) (2))
Minutes of the October 9, 2013 Regular Monthly Meeting.
6. INVITED GUESTS
7. 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. There are no Department reports as they will be provided during the first Board meeting of November. Revenue/Expenditure Statement and Detail Check Register is included.
b. County Manager Report
County Attorney Rob Morton read the balances on county accounts as of October 25, 2013 aloud.
▫ Update on County finances for the following funds/accounts:
General Fund - $788,678.06
Jury Account - $0
Cash Reserve Account - $176,461.22
Jail Fund - $32,075.30
E-911 Fund - $287,483.62
DATE Fund - $22,529.97
Juvenile Court Fund - $21,045.70
Residential Impact Fees - $291,326.25
Commercial Impact Fees - $17,025.34
General Obligation SPLOST Tax Bond Sinking Fund, 2011 - $311,616.29
PC L.M.I. Grant - $322,976.46
c. County Manager Comments.
None.
d. Commissioner Reports.
Commissioner Bass said that she would like to see a red light put up at the school. County Attorney Morton said that there is a scheduled meeting with Dane Bishop on next Tuesday on another matter regarding county roads. He said that this would be a perfect opportunity if that was ok with the rest of the commissioners. Commissioner Bass said that she would like to see the county get this process started.
Commissioner Jarrett said that inventory is coming along nicely. She commended Commissioner Bass on getting the inventory accounted for and that it is beneficial to the county and as a citizen she appreciated it.
No other comments from the other commissioners or the Chairman.
e. County Attorney Report to Commissioners.
None.
8. UNFINISHED BUSINESS: None.
9. NEW BUSINESS
a. PUBLIC HEARING - REZ-13-02 – Alma L. Williams, property owner, and Howard Johnson, applicant, are requesting to rezone the front 2 acres of a property, located at 2582 Chapel Hill Road, from A-R (Agricultural-Residential) to R-15 (Single Family Residential) in order to subdivide off the back portion of the property. The 4.84 acre site, with approximately 405 feet of frontage along the southern side of Chapel Hill Road, is located in Land Lot 59 of the 2nd Land District of Pike County, Georgia and is further identified as Tax Map Parcel Number 075 001.
Approval/denial of rezoning request.
Planning and Development Director David Allen said that this was postponed from a September meeting because Mr. Johnson could not attend the prior meeting.
In favor: Mr. Johnson said that this doesn’t change anything with their property other than property lines.
Against: None.
Closed the public hearing. Commissioner Bass said that she needs to know who owns the property because the warranty deed shows that her children own this and her portion is a life estate. Mr. Johnson said that the children told him that their mom could do what she wanted to do with the property. She said that she could support it if this is clarified. County Attorney Rob Morton said that the county does not do title searches and that conveyances would have to be handled at the closing on this property. Mr. Johnson said that they are finding out whether or not this piece of property can be rezoned before they even have the surveying done, etc. that would be needed in order to sell the land. County Attorney Morton said that the commissioners could approve this with a contingency that all parties sign off on this conveyance in order to protect the county. Mr. Johnson was ok with that. Motion to allow with the contingency that there is a consent document that is given to the county. Approved 5-0.
b. PUBLIC HEARING - SE-13-08 – Moody Memorial Gardens, property owner, and Terrell A. Moody, applicant, are requesting to expand the existing Moody Memorial Gardens cemetery behind the funeral home by combining several lots and portions of other lots. The combined subject property will have approximately 157 feet of frontage along the east side of US Hwy. 19 and approximately 400 feet of frontage along the north side of McKinley Road. The combined subject property will be located in Land Lots 33 and 64 of the 2nd District of Pike County, Georgia. The combined property will consist of approximately 7.3 acres and is further identified as all of Tax Map Parcels #077 017B and #017 020, and part of Tax Map Parcels #077 017, #077 018, #077 021, and #077 021A.
Approval/denial of special exception request.
This is basically an expansion to the east and north of the current Moody Memorial Gardens. There is some A-R and C-2 parts of these parcels that will have to be handled down the road, but this is the first step. On October 17th the Board of Appeals recommended for approval with conditions including an easement on the power line, this will be a single parcel, this does not allow for expansion of the crematorium, that the entire parcel will be rezoned to a single zoning district, and it will have an Impact Fee.
In Favor: Terrell Moody said that they are preparing for expansion of their cemetery.
Against: None.
Public hearing was closed. No discussion. Motion to approve with conditions included in the staff recommendations. Approved 5-0.
c. PUBLIC HEARING - SE-13-09 – Jason and Jacey Seaton, property owners, and Jason Seaton, applicant, are requesting a special exception in an A-R zoned district to allow for a general home occupation (construction office with employees) at the existing house on the subject property. The subject property, located at 4850 US Hwy. 19 South, has approximately226 feet of frontage along the east side of US Hwy. 19. The property is located in Land Lot 233 of the 8th District of Pike County, Georgia. The property consists of 2 acres and is further identified as Tax Map Parcel #070 037.
Approval/denial of special exception request.
Board of Appeals recommended for approval. This would be a construction office for now but might become a residence again later if he decides to get an office elsewhere so he is getting a special exception instead of applying for anything more permanent.
In Favor: Mr. Seaton had provided a letter to commissioners that was in their packet and was available to answer questions though commissioners did not have any.
George Norris said that he was born and raised in that house and said that he admires the work that they have done there and that he and his wife are pleased with it. They own the property directly across from it and asked commissioners to approve this.
Against: None.
Closed the public hearing. Commissioner Bass said that usually home occupations are in a home that is occupied, but this is different because it would only be an office for business use and thought that it would be more suitable for a commercial zoning rather than a home occupation. County Attorney Morton said that it is a way to provide something for a residential environment without a commercial zoning.
Commissioner Powers pointed out that the highway has an overlay for business.
Commissioner Jarrett said that she appreciates the way that he is trying to do this because of the temporary nature of this application, but she said that prior to this it was rezoned for a dentist office at a prior time and that was reverted back to A-R. Mr. Seaton was the one who did this rezoning before. The construction company is no longer allowing him to have the office in his home anymore and the bank is requiring the same as well. Commissioners are concerned with the label that is going on this and this property. [Note from the Editor: With commercial property being reverted back to A-R property, the amount of taxes change as well. Commercial property is taxed higher than residential or agricultural-residential property.] Discussion that he could not rent it out next year if that is the direction that he needs to do if it is rezoned because commercial property doesn't allow residential use. There are a lot of permitted uses on A-R property according to Mr. Morton. He read all 16 of them and read the 26 special exceptions that allowed including bed and breakfast, library, etc. Home occupation is allowed under A-R though he is not going to live in the property so he wouldn’t fall under this exception. There is discretion listed in this and Mr. Morton said that the commission could allow this through their discretion as a special exception in A-R that is not specifically listed.
Commissioner Jarrett said that she is not comfortable with home occupation but she is comfortable with what he is doing in that area. Director Allen agreed that it didn’t fit neatly into home occupation. Commissioners are worried that someone might try to come and open a business as a special exception later. Mr. Morton said that commissioners said that they could make this special exception for Mr. Seaton’s business only. Commissioner Bass said that he could run it as a business as rezoning because it was rezoned P-I before.
Commissioner Bass made a motion to deny the request but allow him to go for a rezoning for commercial. This denial was approved in a 4-1 vote with Chairman Johnson opposed.
d. PUBLIC HEARING - First Reading of the proposed 2013 Ordinance amending the Code of Ordinances of Pike County, Georgia, to provide a new Chapter 91 entitled "Animal Control”.
Public Comment – Jayne Midura – Limit 5 minutes
Approval/denial of First Reading.
Jayne Midura spoke on behalf of Coco’s Cupboard and Friends of Pike County Animals, Inc. and concerned citizens. We are drowning in animals and we have to do something to turn this tide. The time is right. The time is now. We did a survey in the spring of this year and they were told by 90 of respondents that we need something. It is a huge safety issue to humans, pets, and animals. It is a health issue because of the diseases that animals carry. Potential lawsuits are a possibility and quality of life is an issue because of stray animals. There needs to be something to enforce in order for Director Allen to help take care of problems. This also sends a message to others that our county is not a dumping ground for animals from other counties. She urged the commissioners to approve this as a real start for animal control in Pike County.
Against: None.
Public hearing closed. Commissioner Jarrett said that she supports animal control and said that she would like more time to study this information. Director Allen said that he is planning on this being on the agenda for a 2nd reading in the end of November.
Commissioner Jarrett asked about the 50 cent fee on rabies vaccinations. She is concerned with the county putting a fee on top of this because it could be cost prohibitive. Discussion: How do we keep up with people who do this in other areas and is it putting a hardship on the vets to deal with this? County Attorney Morton clarified that a 50 cent fee would be charged within the borders of Pike County. During this time, a citizen raised her hand to speak but no motion to allow the public to speak about this though there was at least one person who wanted to speak about the 50 cents per rabies shot. [Note from the Editor: I didn't raise my hand to speak soon enough during the public hearing so if this citizen had been given the opportunity to speak, I would have asked to speak in opposition to the 50 cent fee so this hearing would have dragged out a lot longer and the meeting gone on a lot longer than the 2 hours that we were there. Taxes are being applied to just about everything these days and I opposed to taxing everything. If we keep going in the rate that we're going, there will be taxes for traveling the roads in the state and for the water that we use because it affects the water table for everyone. (Do a search on proposed taxes on these two items if you think I'm joking.) We need a realistic long-term plan for animal control and community support should go ahead and get rolling to help pay for the facility much like what happened with Meriwether County. This includes a plan for the cities to help pay for the use of a county facility because the cities need this as much than the unincorporated areas with animal attacks. There are a lot of people who would donate their time and services if they knew how to do this.]
Commissioner Bass said that the county should be interested in people getting their pets vaccinated and a cost factor could be a problem with an added amount on top of the cost of the shot. Director Allen said that this could help offset costs for animal control. Discussion of how this would affect groups already working in the county. Specifically, Commissioner Bass asked how this would affect Bubba and Friends, Inc. Director Allen said that they could be grandfathered in so this would not affect them.
Mr. Morton clarified that there was a public hearing where the public was already given the opportunity to speak. He clarified that commissioners are following procedure and this is not about keeping the public from speaking. Click here to read the proposed animal control ordinance.
Motion to approve for the first reading. Approved 5-0. Commissioner Powers said that Director Allen isn’t going to have enough time to do this, but thanked him for what he is doing for the county. Director Allen said that he is building a foundation with this ordinance.
e. PUBLIC HEARING - Adoption of a text amendment to the Pike County Code of Ordinances, Chapter 160, US Highway 19/ 41 Overlay District Ordinance, Sections 160.12 (C)(3) and 160.15 (H), concerning a maximum height of grass in commercial and industrial yards along US Highways 19 and 41. Approval/denial of First Reading.
Director Allen said that this is commercial and industrial only and does not apply to residences. The Planning Commissioner recommended approval on October 10th.
In Favor: None.
Against: Ron Snowden said that this is more derelict grass on the state, county, etc. and that it isn’t fair to unfairly target businesses. He said that there are more people out there making it look bad than businesses. He said that he had been told that this would be complaint generated and asked who would enforce this. Comments had to be directed to the commissioners.
Public hearing was closed. Commissioner Bass said that this ordinance has everything that is needed for Director Allen to enforce this now and said that the county shouldn’t dictate the height of grass because the language already defines what is “well maintained”. She said that what she has read, this already exists. She said that this could be preventing people from coming here. Director Allen said that this definition helps gives a threshold for what is acceptable and what isn’t.
Commissioner Powers said that he is bitterly opposed to telling anyone to cut their grass.
Commissioner Jarrett said that we do have a variety of properties in the county and that we aren’t telling everyone to cut their grass. She also said that she thinks the county has enough enforce the rules without adding anything else. Director Allen said that the intent is to help define what is well-maintained. Commissioner Bass asked if this was situation driven. Director Allen said that there were some situations involved in this but did not say anything specifically. Commissioner Jarrett asked if this could be discussed in January.
Motion to postpone until after the commissioner retreat in January so it could be discussed more fully. Jarrett, Powers. Motion failed 2-3.
Commissioner Bass made a motion to deny. Powers gave the 2nd. Motion to deny passed with a 3-2 motion. Jenkins, Bass, Powers in favor of denial. Jarrett, Johnson against. [Note from the Editor: No amount of talking is going to make this look any prettier or more acceptable. The fact remains that we as a county would have been passing more rules on top of the rules that we already have without a way to enforce them. Kudos to the commission for voting this down.]
f. PUBLIC HEARING - Adoption of a text amendment to the Pike County Code of Ordinances, Chapter 150, Building Regulations, to include new Sections 150.21, 150.22, and 150.23,
concerning maintenance and safety issues of existing residential, commercial, and
industrial buildings within Pike County.
Approval/denial of First Reading.
Also recommended for approval by the Planning Commission on October 10th. This deals with safety, maintenance-aesthetic issues and has procedures for dealing with abandoned structures.
In Favor and Against: Ron Snowden said that he thought it was wrong to go just after businesses and who is going to enforce this. He mentioned the old school house on Adams Street specifically. He asked if this was even enforceable.
Against: Gary Hammock said that he is concerned with the overreach of the federal government and now he is concerned with overreach of the county government. He said that we need to use common sense and good judgement of these things. He said that the cost of administering and enforcing it needs to be factored in as well as the unintended consequences. This is a fairly rural county and this could probably be handled in another way besides passing ordinances. He said that we would be better off taking care of roads, etc. instead of interfering with people on their own property.
Director Allen said that this would apply to residential properties.
Closed the public hearing. Commissioner Bass said that she is terribly opposed to this because it does include residential. She said that it is nice to address safety issues, but she is against addressing it through a written ordinance. She said that we are getting to be too much government with this.
Commissioner Jarrett said that there are many houses covered with vines and kudzu that people take pictures of and win awards with and that kind of goes with being in a rural county. She said that she doesn’t know how this would be enforced.
Chairman Johnson said that if there isn’t something out there saying that a situation has to be taken care of, then someone goes in and gets hurt, there is a problem and he commends Director Allen for writing this ordinance. It was said that people don’t take care of things sometimes. He said that we need to do something about buildings falling in though this may not be the route to go.
Commissioner Bass said that we can’t regulate morality and we can’t police the world. She said that there is a 2004 ordinance that requires everyone to have a number identifying their home. She asked if that was enforced. It isn’t enforced by Director Allen. She said if we can’t enforce what we have now, why pass more? Chairman Johnson pointed out that the county has to consider liability reasons, and that the county is absolved from liability if a family doesn’t post their house number and the ambulance can’t find their house during an emergency situation. Commissioner Bass disagreed about county liability and said that if someone went to Chairman Johnson's house and broke their leg falling through the floor, the county would not be responsible for this, and she was concerned with the county opening itself up for liability by enacting these ordinances. [Note from the Editor: The old Adams Street School owned by the Zebulon Downtown Development Authority kept getting mentioned as an example of someone possibly going into and getting hurt and there being liability issues. I'm all about using some common sense even when the courts and our government--local, state or federal--sometimes doesn't use common sense. Having every little thing written as a rule is NOT good for our county or our country in general.]
Mr. Morton said that there have been lawsuits against counties when they did not do inspections and it was determined by the courts that the counties should have. He said that the question here is when do we cross the line. Commissioner Jarrett said that once a house has been inspected and turned over to an owner, then that owner bears the responsibility for it. Mr. Morton did not take a position on this. He said that part of the intent on these ordinances is that "there were some regulations that were presented that were of a different nature" and the concern was that "we want regulations that are tailored for Pike County" so Director Allen brought information to the Planning Commission and these ordinances are what the Planning Commission came up with. He said that commissioners need to weigh having ordinances on paper for liability reasons and realize that there are times that counties have been held responsible when they weren't doing inspections and weigh these against becoming overburdensome or enacting regulations that we can't enforce.
Motion to deny. 4-1 Johnson opposed.
g. Todd Goolsby to address the Board regarding the 2014-2015 LMIG.
In order to get the $323,932.28 LMI grant from the state of Georgia, we have to have a 30% match of $97,179.68 for a total of $421,111.96 total LMIG project. (This is approximate of course.) Public Works Director Todd Goolsby said that he has 10 roads that need work but that New Hope and Hollonville Road are the two longest and worst roads. He said that he thinks that Hollonville Road is our worst road and that it will cost approximately $653,041.12 with a difference is $231,000 to resurface this 5.5 mile road.
Commissioner Bass asked if it was possible to do sections of the road. Mr. Morton said that doing sections is possible, but it is cost prohibitive because the companies have to move their equipment and they charge for that so it's better to do it all at once.
The LMIG money is for material only and doesn’t include the equipment. They figure by pounds per square foot and not by the mile. The county will have to pay over and above for labor. The $653,041.12 estimate includes labor. The county manager is involved in this process as well. The biggest thing is to make sure that the application is submitted in time if that is what we want to do. The county commissioners will decide which roads to do if this is approved. This will be on the agenda for the night meeting in November. January 1, 2014 is the deadline to get this application returned to the state.
h. Approve/deny bid from Ed Rivers Concrete for $10,850.00 to replace concrete at Gresham Road Fire Station to be paid from Impact Fees and Contingency funds.
Mr. Morton said that this need has been talked about for 6 years. He said that it is a dangerous situation and there is visible buckling on the driveway. $5,602 of Impact Fees could be used for this leaving $5,247.03 from contingency. He also said that this would cost more to do in phases because the company would have to move the equipment more than once instead of doing this at one time. This is also a voting precinct where people go to vote, and there is a $200,000+ firetruck driving on the driveway on a regular basis. Recommendation to accept the low bid on this. Motion to approve. 5-0.
i. Approve/deny sealed bid to finance Sheriff’s cars (two).
These bids were all for the amount of $62,327.20 for the three cars. Each bank gave the percentage rate for the 3 year period and what would be required for the downpayment. United - 3.75% interest rate with a $155 loan fee and a $7,327.20 down payment. First National Bank - 2.99%, a loan fee $150, and a down payment of $6,650. First Bank of Pike - 2.2% interest with a loan document fee of $250 and a down payment $6,577.20.
Discussion: All for same total amount $62,327.20 with a 36 month payment plan. Down payment will come out of Contingency? That will be answered in the next item. Mr. Morton recommended accepting the bids and asked for more time to work through the numbers and postpone the final decision about where the money will come from at a later meeting. Motion to award the bid to First Bank of Pike as the low bidder. Bass, Jenkins. Approved 5-0.
j. Approve/deny to pay $13,000.00 from Contingency funds to cover the monthly cost of the Sheriff’s vehicles for the remainder of the 2013/2014 FY.
Mr. Morton advised to postpone until the next meeting. 5-0.
k. Consider two appointments to the Pike Industrial Development Authority Board to fill a four-year term, set to expire October 31, 2017. Applicants have met criteria.
Motion to appoint Steve Reeves. 5-0.
Motion to appoint Matthew Wood. 5-0.
l. Consider request from William B. Walker of the Pike County American Legion Post #197, to use the courthouse grounds on Monday, November 11, 2013 to hold a Veteran’s Day Observance Ceremony from 9:30 a.m. – 1:30 p.m.
Motion to approve. 5-0.
m. Consider request from Chris Curry of the Zebulon DDA, to use the courthouse grounds on Saturday, November 2, 2013 to hold Sale on the Square from 8:00 a.m. – 3:00 p.m.
Motion to approve. 5-0.
n. Approve/deny First Reading of the revised Disorderly Conduct Ordinance and additional Misdemeanor Ordinances.
Mr. Morton clarified that these are not new items. He said that the purpose of the revisions are: All of ordinances are covered by state law and are offenses that can be prosecuted under state law. Part of intent is to allow the county issue citation on cases that are needed where an arrest may not be needed. He said that some other counties have addressed this like in this manner. Fingerprinting becomes a part of the GCIC permanent record and it is difficult to expunge. If this is addressed by the county as a misdemeanor, then this it won’t go on the state record and the money will stay in the county. He asked them to discuss and approve this for a first reading.
Discussion: These ordinances would be enforced by the Pike County Sheriff’s Office. This was already being done but this would allow them to issue a citation and go through Magistrate Court instead of going through the arrest, etc.
Motion to deny the reading. Bass. Motion dies for lack of a 2nd.
Discussion: Is this time sensitive? Mr. Morton said no.
This will be added onto the next agenda because there is no motion on it. Motion to put this on the next agenda. 4-1 with Bass opposed.
10. PUBLIC COMMENT- (Limited to 5 minutes per person)
11. EXECUTIVE SESSION: None.
12. ADJOURNMENT: 8:42 p.m.
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