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Wednesday, December 11, 2013 – 9:00 a.m.
Courthouse Annex, 79 Jackson Street, Zebulon, Georgia
All five commissioners are present along with County Clerk Jo Ann Wrye to take the minutes, County Manager (CM) Hanson, and County Attorney Rob and Tom Morton were present. CM Hanson proposed some changes to the agenda including moving animal control to a workshop in January and a couple of additions for new business that are included in this write up.
1. CALL TO ORDER....................................................................................Chairman J. Briar Johnson
2. INVOCATION……………………………………………………………………………Ben Maxedon
3. PLEDGE OF ALLEGIANCE...................................................................Chairman J. Briar Johnson
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 November 26, 2013 Regular Monthly Meeting.
6. INVITED GUESTS
a. Mark Hardison from the accounting firm of Clifton, Lipford, Hardison & Parker, LLC to present the annual audit of the financial statements of Pike County for the year ending June 30, 2013.
Mark Hardison showed a prepared slide presentation on the past year for Pike County. Property taxes are 60% of the revenue in our county. General government is $1,565,886 and Public Safety is $2,697,820 making the general government 16% of our budget and public safety 27%. He said that our county is in line with others our size. Our fund balance has gone from $630,000 in 2010 to $2,280,000 this year.
The county had a lot of turnover last year including a new CM. They made some changes to the way that Pike County tracks our money but most of that was accounting type issues according to Mr. Hardison. He praised the county for the work done to keep track of our money. [Note from the Editor: There have been some major findings over the years, but there were not any of those this year. Kudos to our county and our staff for their hard work on this!] Commissioner Bass praised Kay Landers and all of the financial staff in the office. She said that this was a good report and she appreciated their hard work. CM Hanson asked that the Commission accept the report and to sign the 911 expenditures for 2013. Powers, Jarrett. Motion passes 5-0.
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.
Commissioner Jarrett [This originally said Carol Bass and I have corrected the mistake.] voiced a concern that some of the reports do not have the purpose behind Executive Sessions saying that she thought this was a mandatory listing item. County Attorney Rob Morton said it was not and advised that the county agreed to do this due to a 2004 case made it mandatory for Pike County to specify the purpose of our Executive Sessions. He said that there is an affidavit which is signed by these boards to advise that nothing inappropriate was discussed. CM Hanson advised that he will address this with the boards and authorities so the commissioners will know the purpose behind their Executive Sessions.
b. County Manager Report
▫ Update on County finances for the following funds/accounts:
General Fund $857,812.38
Fire Department Donations $1,400.00
Cash Reserve Account $176,461.22
Jail Fund $34,880.55
E-911 Fund $42,173.84
DATE Fund $22,606.51
Juvenile Court Fund $20,845.70
Residential Impact Fee $289,116.25
Commercial Impact Fees $11,422.37
General Obligation SPLOST Tax Bond Sinking Fund, 2011 $317,103.94
L.M.I. Grant (DOT) $322,976.46
c. County Manager Comments.
CM Hanson said Merry Christmas to everyone. He commended the Chamber for the Economic Summit and said that the information learned there will be helpful over the upcoming year.
d. Commissioner Reports.
Commissioner Bass said that the Asset List was sent to all of the departments. County Clerk Wrye said that she has received several reports back from various departments. There is a December 31st deadline. She asked that CM Hanson follow up on those who haven’t finished up yet.
She also said that she received an email that advised that the county may have been derelict in recognizing Edd Sanders after his retirement. She said that he went beyond what was required and gave the county a lot of help and expertise. She thanked him in the meeting for his service to the community. County Attorney Morton said that he did attend his retirement party so the county did work to honor him at his retirement.
There were no other comments other than that of Chairman Johnson. Chairman Johnson said that Carolyn Williams husband is in the hospital for heart issues and asked that he be remembered in our prayers. Jan 8 is the next meeting and he wished everyone a Merry Christmas and Happy New Year.
e. County Attorney Report to Commissioners.
The final check for roof repairs will be received shortly. EL Snell has not started on Twin Oaks Road because of the rain but it will be started shortly.
8. UNFINISHED BUSINESS
a. Approve/deny Second Reading of Chapter 91, Animal Control Ordinance.
This will be discussed at a workshop in January. [Note from the Editor: It sounds to me like the commissioners want to do this right and it will take some discussion to go over concerns like some that I have raised about having an ordinance that can demand the removal of an animal without the county having a facility to do this. I will post the workshop as soon as that information is provided.]
9. NEW BUSINESS
a. PUBLIC HEARING –To receive public input on Special Exception SE-13-10 - Tommy Thompson and Anna Noe, property owners, and Tommy Thompson, applicant, are requesting a special exception in an A-R zoned district to continue a Home Occupation at the residence. The subject property, located at 399 Overlook Trail, has approximately 242 feet of frontage along the north side of Overlook Trail. The property is located in Land Lot 124 of the 1st District of Pike County, Georgia. The property consists of 3 acres and is further identified as Tax Map Parcel #049016A.
ACTION – Approve/deny SE-13-10 request.
The Board of Appeals has heard this already and recommended approval with stipulations. Mr. Thompson has a cabinet shop at his home in a subdivision. A neighbor complained about a delivery truck at his home so Mr. Thompson stopped those deliveries when Planning and Zoning Director David Allen advised of the problem. He now picks up from another location so no more big trucks have come to the residence.
Chairman Johnson mentioned that the subdivision covenant says that no business is allowed there. [Note from the Editor: The county’s job is not to enforce covenants in housing communities. There is a process to follow when there is a problem this should not involve the county because we have to abide by our ordinances.] Director Allen said that Mr. Thompson has a business license already and that a Home Occupation Special Exception Minor is not required. He also advised that the General Home Occupation is what is needed based on our ordinances. The building was there when he bought the home. It was clarified that this is a daily operation and the employees help build there and then install cabinets at other locations and that customers do not visit the location. He said that when things got very slow, he started building cabinets at the location which brought the delivery truck and hence the complaint. Since the business has grown, it now requires a Special Exception. The minor only requires a business license. General is more involved and requires more.
Commissioner Bass apologized to the applicant and said that her comment does not apply to him but that the county has an ordinance about home occupations that probably needs to be reviewed and then ensured that it is being enforced.
In Favor: Selby Moody said that the truck was brought to his attention and Mr. Moody went and talked to his neighbor and addressed the concern about the big truck. Mr. Thompson gave his word that the trucks will not return, and they haven’t. He said, What more can you ask for when a man is honest? He said that he hears no noise from the residence, and said that he would know because he is retired and there much of the time. There is no traffic coming in and out and no customers coming in and out and he hears no noise whatsoever from this business. He is retired and he likes his neighbor having a job and hopes that the commission allows him to continue making a living.
Against: James Corbett said that he lives next to Mr. Moody and verified that the big truck deliveries have stopped. He said that his problem is that that anybody can come in and do what they want to do and then ask permission after the fact. He said that it should have been done the right way to begin with. He said that the cart was put before the horse and that this could be a problem in the future.
Public hearing was closed. Commissioner Jenkins said that he has been to this home before unrelated to this issue today and that he the shop doors were open and there was work going on when he went there and he didn't hear anything. Commissioner Powers asked if he has done anything that was inappropropriate besides the truck and was advised no.
Motion to approve. Jenkins, Powers. Discussion: Commissioner Jarrett said that Mr. Corbett’s comments are well-taken even though she wants people to make a living. She said that people can make honest mistakes but asked if there was anything that could be done to follow the process because people can just add on with a business and then get found out. She wanted to encourage citizens to check with Director Allen to make sure that they are in compliance. Director Allen said that most people do.
Chairman Johnson said his problem is having a business against the covenants in a subdivision. Commissioner Bass said that she applauds Mr. Thompson for making a living but is concerned about having a business out of the home. It was noted that there were 2 letters from people in the subdivision who opposed it because of the noise. County Attorney Rob Morton cautioned the commission that they do not enforce covenants in this neighborhood. He said that as long as they are zoned for a certain purpose, home occupation minors are allowed in an AR zoned piece of property. Commissioner Bass said that in considering the uses that nuisances and hazards have to be considered and that the neighbors are saying this is a nuisance and they have to consider this. Commissioner Jarrett said that the Board of Appeals recommended approval with some restrictions including no more than 2 employees on the premises and no big truck deliveries.
Motion to approve. Approved 3-2 with Commissioners Jenkins, Powers, Jarrett voting yes and Commissioners Johnson and Bass opposed.
b. PUBLIC HEARING – To receive public input on the abandonment of 80” wide strip off of Harden Road as advertised.
ACTION – Approve/deny abandonment.
There was discussion about this in September. This has been published in the paper. It has never been used in the county road system. All property owners have been notified.
In Favor: Robert Gibbons spoke for his parents on this. He said that this was built as a family subdivision and they have run into a snag because they can’t build another house for his sister as long as the road continues as it is. No one spoke in opposition.
Public Hearing was closed. Commissioner Bass made the motion to abandon this road. Bass, Powers. 5-0.
c. Discuss health insurance for Library employee(s).
The Library Board asked if the County could offer insurance to their employees over 30 hours just as we do to other Boards and Authorities. This will be a benefit to the county to have additional employees in the program and no harm to the county. Motion to offer insurance to employees meeting the criteria at the library. Jenkins, Jarrett. 5-0.
d. Consider items to surplus.
1956 Ford 800 Fire Truck. 1990 Ford Ambulance. 1986 Chevy Blazy 4x4. 1985 Ford Van. 1987 Kodiak Squad Truck. They are located behind Public Works and are not working. The Blazer doesn’t have a title yet because it was donated by GEMA, but CM Hanson said that he is working to get the title so it can be sold as soon as possible because it was given to Pike county. Motion to approve. Bass, Jarrett. Motion approved 5-0.
e. Consider bid for roof repairs to Sheriff’s Department.
They are going to review the bids with Consultant Mark Whitley and Rob Morton before making a final decision on who gets the bid. Today was just about opening the bids in a public meeting. 1) S. Garrett & Company, Carrollton. $38,783. 2) Bragg Roofing, Zebulon. $23,800. 3) Summit Commercial Contractors, Hampton. $13,300. CM Hanson said that were some mistakes were made when the roof was done before and said that they are going to review these to ensure that they meet all of our requirements. Motion to receive the bids. Jenkins, Bass. 5-0.
f. Consider one appointment to the Pike Area Transportation Committee to fill an unexpired Two-year term, set to expire December 31, 2015. Applicant has met criteria.
Motion to appoint Andy Allen. Jenkins, Powers. 5-0.
g. Consider one appointment to the McIntosh Trail Community Service for an unexpired 3-year term, set to expire on December 31, 2016. Applicant has met criteria.
Motion to appoint Angie Jackson. Bass, Jarrett. 5-0.
h. Consider reappointment of Fred Roney to the Three Rivers Regional Commission Board as the Pike County non-public sector representative for a full 1-year term, set to expire December 31, 2014.
Motion to appoint Fred Roney. Jarrett, Powers. 5-0.
i. Consider reappointment of Tom Lacey and George Norris the Two Rivers R C & D Council as Pike County representatives for Executive Board and alternate, for a full 1-year term, set to expire December 31, 2014.
Motion to appoint Tom Lacey as the voting member with George Norris as the alternate. Jenkins, Jarrett. 5-0.
j. Consider reappointment of Steve Brown to the Pike County Water & Sewer Authority for an unexpired 5-year term, set to expire on December 31, 2017.
Motion to reappoint Steve Brown. Powers, Jarrett. Commission Bass asked to make the motion rather than Commission Powers because he is on the Water & Sewer Authority. Bass, Jarrett. 5-0. [Note from the Editor: Commissioner Powers made the motion to begin with and then was in agree with Commissioner Bass when she asked to make the motion this instead of Commissioners Powers because Commissioner Powers is currently serving on the Water & Sewer Authority. In the future, it would be prudent for Commissioner Powers to recuse himself from discussion and voting on a board that he is a member of. This looked terrible from where I sat in the audience.]
k. Consider one appointment to the Pike County Development Authority for an unexpired 4-year term, set to expire on December 31, 2017. Applicant has met criteria.
Motion to appoint Sonny Gwyn. 5-0.
l. Approve/deny renewal of Alcohol License (Retail Sales for Beer and Wine) for Saifullah Bhamni d/b/a The Rock Store located at 4131 Hwy 19 S, Zebulon, GA 30295. Applicant has met criteria.
Motion to approve. 5-0.
m. Consider use of Impact Fees to purchase heating and air condition unit for the jail.
The county has been using a rental unit since this system broke down, but the system is being replaced today and the rental will be sut off on the 5th. The lowest bid was $13,500 by White Heating and Air Conditioning out of Meansville. CM Hanson made the recommendation to pay for this from Jail Impact Fees. Jarrett, Powers. 5-0.
9n. Consider the HVAC at the Senior Center. The Commission was advised that during a blood drive at the center, it was warm and the AC Unit was turned on. There was smoke and the fire department was called. After looking the place over, it was decided and confirmed later the problem was in the HVAC unit which burned up. The county was hoping to make it to the spring with this unit, but it is needed. CM Hanson said that rather than taking $4,200 from the Public Works budget which will make it as a need that will be addressed later because it will short that budget, he suggested that it come out of Contingency. They obtained three bids. A&B Heating & Cooling gave the lowest bid for $4,372. The contingency Fund currently has $68,675.77 in it now without this expenditure. Motion to pay this from contingency. Jarrett, Powers. 5-0.
9o. DFCS request for a supplement to their budget. Edd Sanders and Mitch Turner brought this to the attention of the board. There were 19 in foster care in Pike County last year and 29 this year. DFCS is asking for a supplement of $1,000. CM Hanson said that this would need to take this from Contingency and that would make this fund $63,303.77 after the expenditure. Commissioner Jarrett asked for the purpose of the money. Edd Sanders advised that it would be used for Christmas presents for these children. She asked if they worked with the community to provide for these children and was told that there was not a toy drive, etc. this year and he couldn’t remember whether they had one last year. (like Angel Tree, etc.) He said that this was unforeseen. She asked if area churches could help with this. He said that there was an event this week for the children from an area church, but that it’s hard because everyone is asking for a dollar this year.
Commissioner Bass said that Edd Sanders has done a lot for the community as the warden as in DFCS as the chairman of this board. She said that he has given an entire budget of $30,000 back to the county and there have been reduced budgets since then. There are churches and other organizations that can help, and she encouraged him to take this back to the board so that they can utilize these organizations in the future. It was voiced that the DFCS budget is $29,000 this year rather than $36,000 before. County Attorney Morton also advised that the county is giving this money to the department because they are somewhat underfunded this year. The money won’t be specifically given for Christmas presents. Commissioner Powers said that he was a foster parent and it was sometimes a fight to get that money back from the state. Mr. Sanders said that he wanted to take that aggravation from these parents by doing this. Commissioner Bass said that she applauds Commissioner Jarrett for showing true diligence with her suggestions for DFCS as far as future requests go. [Note from the Editor: DFCS needs to work with the community and allow our community and our civic organizations to help take care of these children in the future. Especially when they go to DFCS and ask how they can help. I have covered events in past years when this has been done through civic organizations like Kiwanis and would imagine that many would step up and help if they were given a clear idea of how they can help.] Commissioner Bass made the motion to approve the movement of $1,000 from Contingency to DFCS. Jenkins gave the 2nd. 5-0.
9p. Approve/deny renewal of Alcohol License (Retail Sales for Beer and Wine) for Mountain View Convenience Store. Applicant has met criteria. He has met the criteria. Motion to allow. Jarrett, Powers. 5-0.
10. PUBLIC COMMENT- (Limited to 5 minutes per person)
None.
11. EXECUTIVE SESSION: 10:26 a.m.
a. County Attorney requests consultation 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 the Magistrate Court.
Back into session at 10:54 a.m. Motion to adjourn. Powers, Jenkins.
12. ADJOURNMENT
Agenda subject to revision.
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