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Wednesday, May 14, 2014 – 9:00 a.m.
Courthouse Annex, 79 Jackson Street, Zebulon, Georgia
All 5 commissioners are present along with Jo Ann Wrye to take the minutes, County Manager (CM) John Hanson, and County Attorney Tom Morton. County Attorney came in later in the meeting.
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))
CM Hanson asked to add two items to the agenda: Resolution for Hwy 36 widening project and Executive Session for Personnel: Fire department. A typographical error in item b was corrected: Aprove/deny Probation Contract for Magistrate Court. Motion to approve. 5-0.
5. APPROVAL OF THE MINUTES - (O.C.G.A. § 50-14-1(e) (2))
Minutes of the April 29, 2014 Regular Monthly Meeting.
Commissioner Jarrett asked for some corrections. Motion to accept with corrections. Approved 5-0.
6. INVITED GUESTS - NONE
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.
In the Tax Commissioner’s Office, it was $1445 over. CM Hanson advised that they had computer issues and repairs that had to be done and that was taken from the communications line item, and the Tax Commissioner will move money around to cover this expense.
The new AT&T contract is effect. We are saving approximately $900 per month and approximately $20,000 over the next 3 years. He said that their service has been poor despite the discount—especially with internet speeds at the Sheriff’s Office. He said that his memory will not be short when it comes time to rethink this contract. [Note from the Editor: The same thing goes with my own, but I don’t have any choices where I am at and competition can be a beautiful thing for the consumer! Many thanks to the county at making sure that our tax dollars are spent well.]
We are nearly $200,000 over on roads. The motor vehicle tax is not as bad as he thought it might be, but the county is up around $214,000 on our taxes. The TAVT is $214,000 over what we had budgeted. He said that we are ahead on this and if it continues, we will be ahead of projections. LOST and SPLOST were a little better than expected last month as well because we have been tracking 15% to 18% behind for the past year. He said that this is a tight budget and that we will be looking at the same issues next year .
CM Hanson said that he is going to ask all departments (with a memo) to limit expenses to necessary items between now and the end of the budget year. He is keeping a close eye on all expenditures and the budget in general. Commissioner Bass praised CM Hanson for cleaning up our receivables. There were backed up billing issues that have been addressed and money has come in for gas, etc. that have been purchased from the county.
b. County Manager Report
▫ Update on County finances for the following funds/accounts:
General Fund ............................................................................................ $2,615,652.59
Fire Dept. Donations........................................................................................ $1,200.32
Cash Reserve Account................................................................................. $176,505.22
Jail Fund ........................................................................................................ $31,917.22
E-911 Fund .................................................................................................. $102,396.34
DATE Fund ................................................................................................... $27,700.60
Juvenile Court Fund....................................................................................... $18,885.80
Residential Impact Fee ................................................................................ $268,608.11
Commercial Impact Fees ............................................................................... $11,425.62
General Obligation SPLOST Tax Bond Sinking Fund, 2011...................... $210,433.20
L.M.I. Grant (DOT)..................................................................................... $569,093.20
c. County Manager Comments.
CM Hanson gave an update on roads: Woodcreek Road is not completed but they have been working on it. They have found more there than expected including old timbers, etc. They are hoping to have this road open next week. They may even work late tonight to get it done before the rain comes in. When it is complete, the amount will be sent to the DOT for reimbursement. Milner Road is next on the list. Drier weather is needed for this because it is a beaver swamp on both sides. Old Zebulon has a specs now and they are recommending a 2 piece concrete culvert that would be there for a long time or three regular culverts which would be $50,000 less. The commissioners will have to decide what to do with this. They will solicit bids and anticipate $50,000 to $100,000 to get this done. We can also send this in to the DOT for reimbursement.
d. Commissioner Reports.
Commissioner Jarrett asked about the county paying for garbage even though we are providing the facility. CM Hanson is going to look into this contract to answer her question. He said that they have to haul off whatever we bring out there, but maybe there needs to be an understanding on this because it sounds like this is not written into the contract.
Commissioner Powers said that he has had a couple of road calls.
Commissioner Jenkins said that he appreciated CM Hanson following through about bank records at the last meeting and said that he appreciates CM Hanson being on top of things here for the county. He also welcomed State Senate candidate Erik Manning to the meeting.
e. County Attorney Report to Commissioners.
None.
8. UNFINISHED BUSINESS
None.
9. NEW BUSINESS
a. Nominate Employee of the Quarter.
Sandi Mitchell of Probate Office was nominated by Probate Judge Lynn Brandenburg for this award. Judge Brandenburg said in his letter that she goes above and beyond in her job. County Attorney Tom Morton commended Sandi has always been very accommodating to his office. She is one of the most dedicated government employees that he has had the opportunity to work with. He also commended her for her dedication to the Meansville City Council as she has only missed 2 meetings in the past 12 years. He said that she is well deserving. Commissioner Jarrett also praised her professionalism and Chairman Johnson praised her. Commissioner Bass also commended her. Motion to approve. 5-0.
b. Consider request from Billy Payton, Sr. of the Pike County American Legion, Post 197, to use the courthouse grounds on Monday, May 26, 2014 from 11:00 a.m. to 3:00 p.m. for Memorial Day Dedication Ceremony and Tuesday, June 3, 2014 from 11:00 a.m. to 3:00 p.m. for Veterans Memorial and Dedication Ceremony.
Motion to approve. 5-0.
c. Approve/deny Probation Contract for Magistrate Court.
County Attorney Rob Morton advised that a contract was in their packets pertaining to criminal charges that go through Magistrate Court. No cost to the county. Probation pays for itself through service fees. County Attorney Morton advised that some changes have been suggested and asked commissioners to approve the contract with changes. CM Hanson advised that Magistrate Judge Callaway-Ingram followed through to ensure that this company had a contract with the county because there was not one in place before. Judge Callaway-Ingram was commended for this by the commissioners. Motion to approve. 5-0.
d. Resolution for Hwy 36 widening project: CM Hanson advised that we supported this years ago. Pike and other counties helped pay for this study. A resolution to support this project is going before the various counties that will be taken to the DOT for their approval. No money from the county is required with this. County Attorney Tom Morton recommended that the county approve this and advised that this will go to the Pike County Transportation Committee to follow through in support of it and that no money is required. This is to keep this from dying or being pushed behind a number of other contracts that are going forward in the area. Commissioner Bass asked why this didn’t specifically state that no funds are required. County Attorney Rob Morton said that since this is not in our jurisdiction that we will likely not be a part of any contract on it so no funds should be required. Motion to support this resolution. Approved 5-0.
10. PUBLIC COMMENT- (Limited to 5 minutes per person) - NONE
11. EXECUTIVE SESSION: 9:45 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 to Magistrate Court.
b. 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 to EPD.
c. Personnel germane to the Fire Department. (This was added at the beginning of the meeting.)
Back in Session. 10:39 a.m.
County Attorney Rob Morton asked them to consider approveing the consent order proposed by the EPD involving Pike County and 2 controlled burns and authorize the CM to sign off on this and $1,500 to pull this pertaining to the fire department. Motion to approve. 5-0.
According to the Consent Order: This case involves the EPD and their Air Quality Rules in Chapter 391-3-1 of the Georgia Air Quality Control Rules. On March 6, 2009, the EPD issued a memorandum to all Georgia Fire Department Chiefs outlining their requirements for burning of structures for training. On April 16, 2014, the West Central District EPD office received a complaint that our Fire Department burned two structures on Shackelford and Pedenville Roads without receiving prior approval from the EPD and that the Fire Department was going to burn another structure on April 19, 2014. The Fire Department Training Coordinator returned the April 16, 2014 call to the EPD and advised the EPD that he was not aware of the require to get a burn permit from the EPD and that the Georgia Forestry Commission denied the Fire Department a permit. The EPD requested, with a May 1, 2014 deadline, the address of the burned structures, asbestos surveys or a reason why they were not conducted, a written reply advising that windows were removed, siding removed, furniture removed, roofing removed, exposed PVC and wiring removed, etc., the name and contact info of the Georgia Forestry Commission Unit who denied the permit, and a brief reason why the structures were burned without prior EPD approval since the EPD is showing in their files that the Fire Department is aware of requirements for prior approval from the EPD before burning a structure for firefighter training because the Fire Department obtained a permit on April 5, 2013 for a controlled burn in Concord. The EPD then contacted the Forestry Commission representative who advised the Fire Department that the Forestry Commission only issues permits for vegetative burns and needed to contact the EPD. The Solid Waste Act states that any entity within the state of Georgia that violates the Act for whatever reason (these words are mine and not the "legalese" that I read in the Order) is liable for a penalty of $1,000 for the violation and and an additional penalty not to exceed $500 for each day that the violation continues. The EPD required and the county consents to (hence the name Consent Order) to the Fire Department issuing a written corrective plan to the local EPD office that outlines steps to ensure that there will be no more violations, that the Fire Department will ensure that all property owners of these burns remove the remaining solid waste and ashes "down to clean soil" to a a "Division-approved solid waste handling facility" and submits transaction receipts showing that this has been done within 30 days of the burn, pictures will be submitted to the EPD showing that each property owner has stabilized the disturbed areas within 30 days, and that the EPD be paid $1,500 for the violation of their rules pertaining to Air Quality, etc.
Update 7.10.14: Pike County Times looked further into this matter with an emphasis on what is being done to prevent future similar situations and is satisfied that there will be no future occurrences. Here is an overview of the documentation that was submitted to the Georgia Department of Natural Resources Environmental Protection Division in Macon. The county received written acknowledgement from the Georgia Department of Natural Resources on June 19, 2014 of the letter which disclosed a written corrective action plan, verification of waste removal from both structures with transaction receipts, verification of stabilization of both structures with pictures, and the $1,500 check to pay the fine. A June 9, 2014 Memorandum to CM John Hanson from Fire Chief Randy Snyder lays out the EPD Required Action Plan which includes: Georgia Department of Natural Resources Environmental Protection Division Training for the Chief, the Department's training officer, "and any other personnel as needed" that pertains to the burning of donated structures; all persons involved in a new application will be familiar with the EPD application packet including a document review and the Fire Chief or designee will sign off on each application reviewed as well as providing a copy of each application to the County Manager and County Attorney; an assurance that there will be compliance with EPD regulations, recommendations by the Georgia Fire Academy, and the National Fire Protection Association 1403 as may be required for all future burning of donated structures for live fire training which will include both interior and exterior for maximum training; and procedures that will ensure that each property owner removes the remaining solid waste and ashes down to clean soil, transports it to an EPD Division approved solid waste facility and submits receipts to prove it with the Director of Planning and Development (formerly Planning and Zoning) then inspecting the sites to ensure that these regulations have been followed and issuing a letter or memorandum to that effect. Both of the burn sites were visited by County Manager John Hanson and Planning and Development Director David Allen to ensure that the areas were cleaned up and were in compliance with the EPD regulations. End of Update
Motion to adjourn. 5-0.
12. ADJOURNMENT: 10:40 a.m.
Agenda subject to revision.
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