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Tuesday, April 29, 2014 – 6:30 p.m.
Courthouse Annex, 79 Jackson Street, Zebulon
All five commissioners are present along with County Clerk Jo Ann Wrye, County Attorney Rob Morton, and County Manager (CM) John Hanson. CM Hanson asked to amend the agenda to include invited guests Boy Scout Troop 37 and Matt Bidwell for county insurance. County Attorney Rob Morton asked to amend the agenda to include an executive session for pending litigation: Magistrate Court. The meeting room was standing room only.
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 April 9, 2014 Regular Monthly Meeting.
6. INVITED GUESTS
a. Boy Scout Troop 37 recognized for attending to earn their merit badge on citizenship. They were applauded for their attendance.
b. Matt Bidwell walked commissioners through insurance for the past year: $823,000 in claims versus $835,000 in premiums. Last year there was an increase of .94% with BCBS. If there are no changes, there will be an increase to about $50,000 more than is being spent. There has been a significant change in BCBS alignment with the inclusion of Point of Service providers in the Thomaston area. If the county changes to the Point of Service network from the current PPO network, there will be a savings to the county. This will decrease the county's cost as well as the employees' cost. The dental insurance will not have an increase. Neither will life and disability plans. Open enrollment will be in the month of May so he asked that they act on this tonight. Question from Commissioner Jarrett about doctors. Mr. Bidwell advised that most physicians belong to both the PPO and the POS networks so this will likely not force changes for our employees. Motion to approve POS service with the decrease. Approved 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. There are no Department reports as they will be provided during the first Board meeting of May. Revenue/Expenditure Statement, Detail Check Register and MasterCard Statement is included.
b. County Manager Report
▫ Update on County finances for the following funds/accounts:
General Fund ............................................................................................ $2,715,756.81
Fire Dept. Donations........................................................................................ $1,200.32
Cash Reserve Account................................................................................. $176,505.22
Jail Fund ........................................................................................................ $30,976.12
E-911 Fund .................................................................................................... $99,676.28
DATE Fund ................................................................................................... $26,305.53
Juvenile Court Fund....................................................................................... $19,285.80
Residential Impact Fee ................................................................................ $268,608.11
Commercial Impact Fees ............................................................................... $11,425.62
General Obligation SPLOST Tax Bond Sinking Fund, 2011...................... $236,131.86
L.M.I. Grant (DOT)..................................................................................... $569,093.20
c. County Manager Comments.
CM Hanson gave a report on LOST and SPLOST. Of late, both have increased to just the same as we were making with corresponding months last year where we have been 15% to 18% lower lately. Motion to approve. 5-0.
Work has been ongoing on Woodcreek Road. We need some time without rain to work on this and get it finished up.
d. Commissioner Reports.
Commissioner Jarrett said a welcome to the Boy Scouts and asked for patience from the public with roads as Public Works works on our roads around the weather.
Commissioner Johnson said that he wished we could have this many people at every meeting.
e. County Attorney Report to Commissioners.
None.
8. UNFINISHED BUSINESS - NONE
9. NEW BUSINESS
a. PUBLIC HEARING: To receive public input on REZ-14-01 – Shri Ram Chandra Mission, property
owner, and Matt Wood, Susan Powell and Frank Cid, applicants, are requesting a re-zoning from A-R
(Agricultural-Residential) to P-I (Professional-Institutional) to allow for the location of a drug and
alcohol rehabilitation center on the subject property. The subject property, located at 5611 Ga.
Highway 109 West, has approximately 730 feet of frontage along the northern side of Highway 109.
The property is located in Land Lot 93 of the 9th District of Pike County, Georgia. The property
consists of 32.5 acres and is further identified as Tax Map Parcel #047 038B.
b. PUBLIC HEARING: To receive public input on SE-14-04 – Jessica Cruce, property owner and
applicant, is requesting a special exception in an A-R zoned district for a General Home Occupation
to allow for a pet sitting service in her house. The subject property, located at 1344 Perkins Road,
has approximately 160 feet of frontage along the east side of Perkins Road. The subject property
consists of 1 acre and is further identified as a portion of Tax Map Parcel #087 039.
Action: Approve/Deny
Commissioner Johnson explained the process with each side having 20 minutes to speak. There will not be a final decision on this until November 12, 2014 per state law.
Direction Allen advised that this was heard by the Planning Commission on March 13 and April 10. This was denied both times with the main concerns being safety concerns for surrounding residents and non-conforming use for our land use map.
IN FAVOR:
Matt Wood was here representing the owner who wants to rezone this property. The site has been occupied by Shri Ram Chandra Mission who wants to sell the property. He said that he looks at this like an economic development opportunity for the county and sympathized with commissioners for having to make a decision when a very small minority has spoken out on this with "unfounded and overexaggerated" concerns. [Note from the Editor: Sometimes it is not what we say but how we say it that makes a difference. The quote in the previous sentence tells a whole lot about the tone of voice that was used in the presentation.] He said that this will add 30 jobs (they told him that 80% will go to local residents) and that workers will be shopping in Pike County and that this will be a revenue source for the county. He said it's been a long time since Pike County has had an opportunity like this. The potential owner has looked at no other property in the county and that there will be few changes from the current facility. Mr. Wood then went on to address concerns that have been presented in previous meetings.
He said that the new owner wants to renovate the current facility and has agreed to a 50 foot buffer around the facility. This will be a private facility that only accepts those who will pay their entire way or pay with insurance so patients will be vested in their treatment. 2 scholarships for Pike and/or Georgia residents. This will be a medical facility that will treat the "diseases" of addiction and alcoholism. Mr. Sid (the potential owner) has said that he will install sensors and cameras that will be monitored 24 hours a day and may even be willing to put up a fence around the facility. This facility will be licensed by the state of Georgia and have to abide by all state laws. Mr. Sid has addressed fire concerns by saying that the building has water tanks that could be put into use in case of a fire and that it has a sprinkler system. Unwanted traffic to the area is another complaint. He said that 30 jobs is worth this and that it is a state road. What about an argument about compromising our water source? He said that the Health Department has addressed this in a 2007 letter. He said that it has been alleged that this is spot zoning. He said that if this was for something else like a medical office, etc. then the board would likely approve this. He said that the uses for this facility are likely to be small. He stressed economic benefits to the county and the greater good for the entire county and said that there are much worse uses for this piece of property. He stressed that there is no evidence that private centers have no evidence of adverse conditions on the community around them.
Chris Curry spoke in favor of this at the Planning Commission. She has worked in facilities like this for about 20 years and said that she has never been involved in any problems in any neighborhoods--many upper class neighborhoods. She would like to see Pike County be the home of a medical facility like this where some of our residents might be able to get some help as well.
AGAINST:
Gerald Matthews spoke to commissioners after hanging the yellow sheet on the wall. Jim Davidson is out of town or would be here. He provided a petition from area residents in opposition in this and asked those in the audience to raise their hands if they were against the facility. Many were. He said that residents are concerned about spot zoning. He said that this is a money proposition and asked if this should be sold at the expense of the people who live around this property. He pointed out the closest P-I zoning is the Whiskey Bonding Barn 4 miles away and would open this up to more P-I zoning. He also said that there are already two facilities for troubled individuals in Pike County. He said that residents feel that there will be some walk away residents at the facility that could leave against the advise of their physician. He asked if we had capability to defend against a fire at that property because there is only well water around this property. He said that a large number of people at the facility has been an ongoing problem for some time. He said that he sees nothing good coming from this except someone making money which isn't a bad thing, but he pointed out that the nearest hospital is 15 miles away. He questioned the septic system for a 365 day a year facility. This was approved for a single family in 1989 and that there were not supposed to be any sleeping facilities there. He said that most of those who live around this facility are long-term residents that want to get away from big city life and love their neighborhood and do not want to see spot zoning in their area. He said that while Matt Wood said that this could add a million dollars to the tax digest but said that if the millage rate is applied to this, is it worth it to endanger the people who live there and have invested their lives there? He said that he doesn't see that many people from Pike County using this facility and questioned where people will be coming from for the facility. He also asked if the owners will be living in Pike County to oversee it. He said that the other two facilities are in large cities compared to Pike County and asked why they are not looking to build in similar places. He said that the reason they are coming here is money. He asked if we need the facility here in Pike County. He said that residents don't think that we need it and that people from Pike will not be using this facility and that he doesn't think that everyone else in the county is supporting this besides the county. He stressed that the costs of this facility--fire protection, etc.--will outweigh the financial benefits that could come from this facility in Pike County. He thanked the commissioners for performing a tough job making this decision and said that he hopes that they will make a decision for the good of the entire county with the good of the "quiet residential community" first in mind.
Don Harrison said that he has worked in some facilities with those who have addictions and said that he has been around people with addictions as a retired Corrections officer and as a deputy sheriff. He said that he isn't a psychologist but says that his experience gives him some insight on how people with drug addictions act and said that they can turn on you when they don't get whatthey want. He said that he appreciates the Board and knows that they have a big responsibility with this decision. He said that those who oppose this are concerned tax paying citizens. He said that he is not afraid, but that there are better uses for this property. He said that a druggie killed someone here in Pike County after being released from a local facility in the past. He said that he doesn't want to take a chance at this in a residential neighborhood.
There is a 5 minute rebuttal time. Matt Wood said that there is no evidence that the person who killed Mrs. Hammond was a druggie and pointed out this murder happened in a commercial district.
Richard Frillman Jr. reminded that those working in this facility will be coming here from big cities and bringing their traditions and beliefs with them to Pike County. He said that people have come to Pike County to get away from things like this. He asked if we really want people bringing their traditions and beliefs to Pike County and imposing them on our people in Pike County?
County Attorney Rob Morton said that the county is not making a decision tonight because Pike County is abiding by state law OCGA 36-66-4 which states that there will be a hearing at least 6 months before and no more than 9 months before a decision. The record will include photos, letters, petitions, info from Planning and Development, etc. The county was served with a Notice of Constitutional Objection today which is required before any individual can file a lawsuit related to a zoning decision. November 12th will be the date of the final hearing on this matter.
Commissioner Jenkins asked about salaries and said that there is no guarantee that money from salaries, etc. would be spent in Pike County. He also asked about the type of buffer taht would be required. Matt Wood advised that a 50 foot buffer either natural or undisturbed. County Attorney Morton advised that a vote is needed to allow anyone from the audience to speak because this is now time for discussion by commissioners. Commissioner Jenkins than asked what amount of insurance would be required for a facility like this because of several times where it was mentioned that the mountain could burn up and he didn't hear anything about it being a smoke free facility. Commissioner Bass asked to address questions to Mr. Matt Wood.
Motion to allow him to speak. Approved 4-1 Jarrett.
Commissioner Bass asked if there are overnight guests there now. Mr. Wood said that there are overnight guests but that he has never been up there on a weekend. She asked how many units there were and was told that there are some for families and for couples now. She asked about the septic system and said that the health department based their decision about overnight guests from a 2007 letter. Mr. Wood suggested that the county contact the health department to get their questions answered on this. There was an indepth discussion about the water tanks and a question of whether the 5,000 gallon water tank was even hooked up and whether there was a sprinkler system in the buildings. She addressed the spot zoning issue and said that by looking at a map, this could be called spot zoning. Mr. Wood said that P-I zoning allows it to be located next to A-R and residential zoning. He said that this facility has limited uses and that the soil would not make this property good for agricultural purposes. Commissioner Bass also asked if the adjacent property owners are present at the meeting. Commissioner Bass asked about the occupancy permit and whether it was possible to get something more up to date than 1993 from the Fire Department as far as the number of occupants. Commissioner Powers said that the state will likely make the property subject to state guidelines. Commissioner Jarrett said that she has been to the property and that there were a lot of people there when she went there.
County Attorney Morton said that the citizens of Pike County have also provided a packet to commissioners including some other letters and that all of this will be part of the record.
b. PUBLIC HEARING: To receive public input on SE-14-04 – Jessica Cruce, property owner and applicant, is requesting a special exception in an A-R zoned district for a General Home Occupation to allow for a pet sitting service in her house. The subject property, located at 1344 Perkins Road, has approximately 160 feet of frontage along the east side of Perkins Road. The subject property consists of 1 acre and is further identified as a portion of Tax Map Parcel #087 039.
Director David Allen advised that this was heard on April 17th before the Board of Appeals and it was approved with conditions: annual business license, 10 is the limit, if there are repeated Animal Control Ordinance violations the business license can be revoked, and the residence will not turn into an animal rescue shelter without prior county approval.
IN FAVOR:
Jessica Cruce provided information to the commissioners. She said that she tries to make pets as comfortable and close to their homes as possible. She said that any time pets are outside they are always supervised.
Deborah Yelvington, Humane Society of Griffin, said that she supports this.
AGAINST: None.
Motion to approve with conditions as read. Jenkins, Bass with 2nd for discussion. Discussion: Commissioner Jarrett asked about the stipulation that there be no more than 10 dogs. If the dogs don't get along, there is a possibility of crating animals. Does this get into kennel regulations? Director Allen said that he thought this was different than the average kennel situation because the animals are inside rather than outside. County Attorney Morton said that they can entertain a part of their motion to research this in order to advise of state regulations on indoor kennels to be sure that there are no violations. Chairman Johnson asked about checking for vaccinations and she does. Commissioner Jarrett questioned whether this requires a state license. County Attorney Morton said that they can make it a requirement.
Commissioner Bass said that she would like to see a reference about 10 dogs in addition to her own. She said that she would also like to see additional language to specify who will revoke the license if there is repeated violations.
Motion remains as before with conditions as well as additional research on whether state license is necessary, exclusive of own pets, and who will revoke business license if there are repeated violations. Approved 5-0.
c. Approve/deny Beaufort Rosemary, LLC request consideration for Tax Abatement and Letter of Support for energy project.
Kevin Casey is the owner and operator and he has about 30 years of experience with projects like this. Relatively clean and quiet and can add to the tax base in the county. He asked for incentives from Pike County such as tax abatement to help lower the bid price to make it more economically feasible for Georgia Power. He said that if it will help the county by renovating tax revenue though it will only bring in short term jobs but it will bring in little burden to the county. County Attorney Morton proposed a change so that all parties will have a say in contingent upon getting proper zoning, and that they can assign this property to a developer with prior notice to the county. Mr. Casey was concerned with the suggestion on paragraph 7. He said that he is willing to work with the county. CM Hanson said that this is part of a bid process and it has to be approved by the Board of Education and the City of Zebulon and it goes to bid with Georgia Power tomorrow. This will go before the Zebulon City Council tomorrow and soon to go before the Board of Education soon and all three parties have to agree on the same language. Commissioner Jarrett said that the county is concerned with full disclosure of ownership in case there is a problem so the county will know who to contact. This is to set up intent and show support for the tax abatement that will turn a currently taxable $9,000 piece of property into an estimated $47,000 taxable piece of property. Commissioner Bass confirmed that this does not bind the county for this. The tax abatement does not take place unless Georgia Power or some other electrical entity takes the bid on this property. Commissioner Bass asked about his experience with development like this. By the end of this time, there was a verbal agreement that would be made written at the end of the meeting. The property is currently on A-R property. Motion to approve with the changes. Approved 5-0.
Motion by Commissioner Bass to approve a letter of support. Approved 5-0.
d. Approve/deny $1,013.90 for the purchase of Fleetmate Software regarding Vehicle Maintenance for Public Works to be paid from Contingency.
Motion to approve. 5-0.
e. Consider request from Daphne Martin of Pike County Arts Council to use the Courthouse grounds for Music on the Square on Saturday, May 10, 2014, June 14, 2014, July 12, 2014 and August 9, 2014. (7 - 9 p.m.)
Motion to approve. Approved 5-0.
10. PUBLIC COMMENT- (Limited to 5 minutes per person)
11. EXECUTIVE SESSION: Pending litigation - Magistrate Court. 8:27 p.m.
Back into session at 8:48 p.m.
12. ADJOURNMENT:8:48 p.m.
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