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Tuesday, May 28, 2013 – 6:30 p.m.
Courthouse Annex, 79 Jackson Street, Zebulon, Georgia
This meeting was attended by all five commissioners, County Clerk Jo Ann Wrye, and County Attorney/Interim County Manager (CM) Rob Morton. The meeting was super long but a lot was accomplished with some topics that will be discussed at a later meeting.
1. CALL TO ORDER....................................................................................Chairman J. Briar Johnson
2. PLEDGE OF ALLEGIANCE...................................................................Chairman J. Briar Johnson
3. APPROVAL OF THE AGENDA - (O.C.G A. 50-14-1 (e) (1))
4. APPROVAL OF THE MINUTES - (O.C.G.A.§ 50-14-1(e) (2))
Minutes of the May 8, 2013 Regular Monthly Meeting.
Minutes of the May 8, 2013 Budget Public Meeting.
Minutes of the May 14, 2013 Animal Control Workshop.
5. FIRST READING AND PRESENTATION OF THE FY 2013-2014 BUDGET
CM Morton gave an update on the budget. He advised that staff has met with all departments and most of the authorities. He presented a draft copy of the updated proposed budget to commissioners. He advised that there is a $450,000 change to the budget which is a reduction in expenses. The next reading of the budget will be June 4 at 1:00 PM. This presentation was not intended for a long discussion tonight, but there will be much more detail at the second reading on June 4. The current budget stands at $8,814,899 not including special funds which brings the total budget to $9,849,233. He said that this is an increase from last year but pointed out that the county has to show LMIG (road paving grant from the state) in our budget which is ever $400,000 with $300,000 in state funding. [Note from the Editor: The $9.8 million includes other special funds such as E-911 which brings in money from those $1.50 per month charges on our phone lines and other line items that can only be used for certain purposes according to state law. Look for more explanation about this at future budget hearings.] He said that he expects the state digest numbers to be available by the end of June. Consensus by commissioners that this was not a first reading as indicated on the agenda, but CM Morton advised that commissioners had received a draft budget when Mike Phillips was county manager and that this is a revised budget. He also advised that a county is not obligated to adopt a budget until the millage rate is set and that commissioners can make changes even on the night of the final budget hearing.
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. There are no Department reports as they will be provided during the first Board meeting of June. Revenue/Expenditure Statement and Check Register is included.
b. County Manager Report
▫ Update on County finances for the following funds/accounts:
General Fund - $1,992,820.99
Jury Account - $0.00
Cash Reserve Account - $176,416.99
Jail Fund - $24,938.26
E-911 Fund - $199,307.81
DATE Fund - $18,867.90
Juvenile Court Fund - $22,919.95
Residential Impact Fee - $283,521.21
Commercial Impact Fees - $8,203.19
General Obligation SPLOST Tax Bond Sinking Fund, 2011 - $344,346.04
L.M.I. Grant (DOT) - $315,334.89
CM Morton advised that Johnson, Cook, and Strickland Roads were repaired in November as part of the LMIG paving grant from the State of Georgia . Pike County was not involved in this process because the state handled it from beginning to end. There had been some complaints about defective workmanship with the repaving and the county has written a letter to the state about this problem.
He praised Brenda on how she has worked on employee benefits because of the change in insurance for the county.
The repairs on Old Lifsey Springs Road is going to be fully funded at a total cost of a little over $30,000 to through the state of Georgia as part of the LMIG grant process.
- Progress report for open house on June 8, 2013. Estimates on the food trays been submitted with Piggly Wiggly having the lowest cost with a difference of over $10 on each tray between them and the next bidder, Freshway Market of Zebulon. CM Morton advised that it has been disclosed that Commissioner Jenkins is affiliated with Piggly Wiggly, but he had nothing to do with this entire process so there is no conflict of interest. Commissioner Jarrett said that she would rather use Freshway even if they are higher because their tax dollars helped pay for the courthouse through SPLOST. Open house will be on Saturday, June 8 from 10:00 AM to 2:00 PM with a special ceremony at noon which will include refreshments. Consensus to get a plaque to be placed on the Courthouse to advise that SPLOST tax dollars paid for this renovation. Commissioner Bass asked about plaques on fire stations and something on the new trucks to let people know that SPLOST dollars paid for them too. CM Morton said that this will be researched.
- Discuss roof at Sheriff’s Department. After researching minutes from April 2010, Mr. Morton advised that Allen & Sons Roofing did the repairs on the roof and that they did not charge as much as the original estimate because it damages were not as extensive as they thought, but there were issues after the repair was done and the problems continued. After Bill Sawyer became county manager, he ordered some repairs to be done inhouse but the roof is still leaking and there may be a problem with the warranty because of this inhouse work. Three written estimates will be attained and he does not expect the cost to be above $25,000. He is asking for recommendations from bidders along with an estimate on the project. This is an acceptable Impact Fee expenditure. He also advised that collected Impact Fees must be spent within six years of collection or must be returned. If the cost is over $25,000 in the formal bid process will have to be followed.
There will be a joint meeting with the Board of Education on June 6 at noon in the old school next to Ruth's Restaurant. Some commissioners showed an interest in attending this meeting.
There is the possibility of an intern working in the commission office during the summer.
- Discuss removing sign on courthouse grounds. Consensus that it needs to come down. Motion to remove. Approved 5-0.
d. Commissioner Reports.
Commissioner Bass District 1 - She thanked Mr. Morton for the written report on tonight discussion because it made the discussion easy to follow. She asked about per diem and was advised that this is not finalized yet, but the practice of giving out $40.00 checks is being stopped. She asked about vacation pay. There was a policy in place that allowed comp pay instead of vacation time, but it has been changed to an 80 hour cap with the understanding that the 240 hours of vacation time in question is considered to be grandfathered under federal law.
Commissioner Jarrett District 2 - She said that she attended the open house of the school auditorium and commended the improvements there.
Commissioner Powers District 3 - he said that he has had several calls on roads and ditches and that there are a lot of problems with the roads because of rain, but that public works is doing the best they can right now. He also commended Mr. Morton for the job that he is doing.
Commissioner Jenkins District 4 - None.
Chairman Briar Johnson - He thanked Mr. Morton and the staff for their hard work. He also said that he attended the Memorial Day ceremony and said that it meant a lot to him to hear the names of the 45 veterans who have passed during the past year. He praised the person that compiles this list for Pike Post 197. (That would be Jennifer at the Pike Journal Reporter and she does a great job with this!) He said it was a great service.
e. County Attorney Report to Commissioners. None.
8. UNFINISHED BUSINESS
a. Approval/denial of proposals for offsite monitoring of fire alarm system at Pike County Courthouse, continued from the May 8, 2013 meeting.
Planning and Zoning Director David Allen said that ACCG will not provide a discount for offsite monitoring of the courthouse. He talked to three local companies and received proposals from two. Johnson Electric (who provided the proposal that was discussed in the last meeting) and Beacon Security those war two dedicated phone lines which would cost the county for line insulation plus a monthly charge for both lines. Cornerstone gave a quote based on a wireless radio transceiver that would not need new phone lines and would cost much less for monitoring. [Note from the Editor: This would work much like a smart meter does by relaying information by radio to the home station.] Discussion: Do we need this for not? The Sheriff's Office uses Cornerstone and that seems more logical the it's effective said Commissioner Jarrett. Commissioner Powers was concerned with the age of the wood and it making no difference how quickly fire responded to the call. Motion to ask Interim Fire Chief Randy Snyder about this. Approved. 5-0.
Interim Fire Chief Randy Snyder recommended off-site monitoring because the alarm may not be heard and earlier notification is the best way. Commissioner Bass asked about a robocall system that would notice specific people if the alarm goes off. Commissioner Jarrett said that she thinks the cost would not be prohibitive a project that we just spent money renovating. Motion to go with Cornerstone. No second. [Note from the Editor: It is logical to have off-site monitoring for our newly renovated $3 million Courthouse. I know that we have an on-site alarm and a sprinkler system, but the sooner we can bring in fire response, the less damage there will be. I have never heard of a robocall system like this but apparently there are systems like this and I would like to see more information on it. If it is not cost effective, then we need to go with Cornerstone who has a ton of satisfied customers in our area that have both regular service as well as the radio transmitters so they could drop their phone lines.]
Update 5.31.13:
b. Discuss Prayer Policy, continued form the May 8, 2013 meeting.
Prayer before meetings was approved in a prior meeting in a 3-2 vote. The motion was made for Ben Maxedon to speak. Approved 5-0. He spoke during the town hall meeting which is always conducted 15 minutes prior to the regular meeting. (The following is from the actual document that he read to commissioners prior to the meeting.) He recommended that commissioners establish a chaplain program that would be handled by someone other than the commissioners and would consist of Pike County clergy from "established, recognized religions willing to provide such spiritual support on a voluntary and revolving schedule" that would enable citizens the opportunity for their clergy to offer a prayer before meeting. He recommended that all faiths and the nominations be invited to participate and said that since there are "more than 55 spiritual institutions" in our county, that should provide an adequate resource for all Pike County citizens. He said that he and his organization would be happy to participate in the chaplain program but did not want to have authority over it. He emphasized providing an opportunity for all states and the nominations to participate in this program. In the meeting, Commissioner Bass asked Chaplain Maxedon to offer prayer before meetings on the behalf of the commission. Mr. Maxedon said that he would be honored to do this, but said that if he could not, he would have to appoint someone in his place and that if there was a limit to just one faith, the county would run into problems.
Commissioner Jarrett said that she has been listening to a series of lectures on the first amendment, the establishment clause, and the Lemon Test and noted that there are three criteria that must be met to pass the Lemon Test as noted in the 1971 case Lemon v. Kurtzman: 1) this policy must have a valid secular purpose, 2) that primarily effect must be to neither advance nor inhibit religion, and 3) it must not lead to " excessive governmental entanglement" with religion. Mr. Maxedon recommended allowing clergy from established, recognized religions to pray according to their religion without partiality or discrimination. It was noted that a case is going before the Supreme Court this summer about prayer. Click here to read about it. Commissioner Bass said that all of the commissioners believe in prayer. Commissioner Johnson noted that there is not a Catholic Church in Pike County and asked what should be done if someone contacted the county to lead a prayer. It was said that citizens could ask their church leader to contact the county city on the prayer list even if they go to church outside of Pike County. Motion that Mr. Maxedon should give prayer at the next meeting and also work with County Attorney/Interim CM Rob Morton to come up with a list of people who can provide prayer and upcoming meetings. 3-2 with Commissioner Tamra Jarrett and Chairman Briar Johnson opposed. [Note from the Editor: I put my comments in blue on the past meeting--click here to read--and I stand by them. There may be absolutely no problems from a legal standpoint on this policy and I hope not, but I would be remiss if I didn't point out the obvious fact that we are opening the door for someone who is not from a Christian faith to pray before these meetings as well as those from the Christian faith. The Board has said that everyone will be treated with respect and I know this will be done. I am just not happy with the way that government looks at this issue overall and have to say that it's a slippery slope that we are standing on. Feel free to ask me why I think that way when you see me and we can agree beforehand to agree to disagree on this because it isn't something to fight about or throw rocks at people about. I will continue to pray before and even during meetings as I have always done regardless.]
Update 6.6.13:
9. NEW BUSINESS
a. PUBLIC HEARING: Receive public input regarding REZ-13-01 - James W. Gibson, property owner and applicant, is requesting to rezone property, located on Kings Road, from C-1 (Neighborhood Commercial) to A-R (Agricultural-Residential) to allow for the resumption of agricultural and residential practices on the property. The 2.00 acre site, with approximately 362 feet of frontage along the northern side of Kings Road, is located in Land Lot 35 of the 9th Land District of Pike County, Georgia and is further identified as Tax Map Parcel Number 060 043A.
Action: Approval/denial of rezoning request.
No one spoke for or against this. Mr. Gibson initiated this change. It was noted that the Planning Commission recommended that it not be rezoned because it might not fit in with the other 9 parcels around it including a church, industrial and 5 residential parcels. Motion to follow the recommendation of staff to rezone this piece of property. Approved 5-0.
b. PUBLIC HEARING: Receive public input regarding reversion of zoning, pursuant to REZ-07-05, from C-2 (General Commercial) to A-R (Agricultural Residential) of property located at the intersection of US Highway 41 and Firetower Road, currently owned by Ronnie Ellis. Said property, with approximately 552 feet of frontage along the southwest side of US Highway 41 and approximately 244 feet of frontage along the west side of Firetower Road, contains 6.44 acres and is located in Land Lot 135 of the 2nd Land District of Pike County, Georgia. Property is further identified as Tax Map Parcel Number 086 048B.
Action: Approval/denial of reversion.
None spoke for or against. Motion to follow staff recommendation to rezone. 5-0.
c. PUBLIC HEARING: Receive public input regarding reversion of zoning, pursuant to PC 4032, from C-2 (General Commercial) to A-R (Agricultural Residential) of property located on US Highway 19 North (just south of Wilder Road and Green Hill Nursery), currently owned by Teramar Holdings, LLC. Said property, with approximately 186 feet of frontage along the east side of US Highway 19, contains 3.00 acres and is located in Land Lot 91 of the 2nd Land District of Pike County, Georgia. Property is further identified as portion of Tax Map Parcel Number 075 111.
Action: Approval/denial of reversion.
This was a split vote of the Planning Commission to stay commercial, but it was noted in discussion that the parcel will have to be reverted if it is not used according to its current purpose. Motion to follow staff recommendation to do reversion. Approved 5-0.
Update 6.11.13:
d. PUBLIC HEARING: Receive public input regarding reversion of zoning, pursuant to REZ-06-009, from C-2 (General Commercial to A-R (Agricultural Residential) of property located at 10605 US Highway 19 North, currently owned by Ray and Deidre Grizzard. Said property, with approximately 169 feet of frontage along the west side of US Highway 19, contains 1.52 acres and is located in Land Lot 33 of the 2nd Land District of Pike County, Georgia. Property is further identified as Tax Map Parcel Number 065 034.
Action: Approval/denial of reversion.
This had a unanimous decision from the Planning Commission to remain commercial because it is in the commercial corridor and the owner of the property had an attorney at the meeting to advise commissioners that the company is willing to pay commercial taxes on this piece of property since they are only paying residential taxes on it now. The owner paid a commercial price for this piece of property and reverting it from commercial to A-R will change the price of the property from about $60,000 to $5,000 and negatively affect the owner. The property is 1.52 acres so it is a non-conforming lot and cannot be used as residential because our code requires a 3 acre minimum. Motion to deny the reversion with a second. Discussion came from County Attorney Rob Morton who advised that the county attorney does not necessarily agree with the statements made about this lot. He said that is was a non-conforming lot and that the intent of this reversion is different from the others however and advised that this is part of a check to ensure that parcels are being taxed according to their designation. Motion to deny this reversion and approved to stay commercial 5-0.
e. PUBLIC HEARING: Receive public input regarding SE-13-05 – Jason and Rochelle Smith, property owners and Jason Smith, applicant, are requesting a special exception in an A-R zoned district to allow for the expansion of a taxidermy interest into a General Home Occupation (accessory use). The property, located at 1579 Bates Road, has approximately 220 feet of frontage along the south side of Bates Road. The property is located in Land Lot 211 of the 9th District of Pike County, Georgia. The property consists of 3.04 acres and is further identified as Tax Map Parcel #014. 104.
Action: Approval/denial of special exception request.
This is an approval with no conditions. No one spoke and there were several letters in favor of this action. Motion to approve 5-0.
f. PUBLIC HEARING: Receive public input regarding SE-13-06 – Peach State Airport, LLC, property owner and Ron Alexander, applicant, are requesting a special exception in a C-2 zoned district to allow for the hosting of special events on the airport property. The property, located at 349 Jonathans Roost Road, has approximately 1270 feet of frontage along the west side of Jonathans Roost Road. The property is located in Land Lot 131 of the 1st District of Pike County, Georgia. The property consists of 15.8 acres and is further identified as Tax Map Parcel #050 022.
Action: Approval/denial of special exception request.
The Board of Appeals recommended approval with no conditions. However, Mr. John Fayne spoke in opposition to this and said that he lives about 200 yards from this property and that radio equipment is already blasting him out of the bed at 7 a.m. He said that if this is going to be going on late at night, he is opposed to it. He asked that radio equipment be checked and this problem be fixed. Mr. Alexander advised that nothing would be going on later than 11 p.m. and Planning and Development Director David Allen advised that he had not received any complaints about this property. Discussion of a broad special exception and the future implications of giving a blanket exception means that they would not have input on future special exception events. County Attorney Rob Morton advised that they could make it a condition for Mr. Alexander to provide documentation to Planning and Development for public safety and welfare of the public with the expectation that this plan for each event would be approved by Planning and Development and then provided to commissioners. Motion to approve Special Exception with the condition that a plan for each event be presented to Planning and Development that would then be presented to Commissioners and a note that this will not cost $200 each time the plan is presented. Approved 5-0.
g. PUBLIC HEARING: Receive public input regarding 1st reading of Text amendment to the Pike County Code of Ordinances, Chapter 150, Building Regulations, Sections 150.01, 150.15, 150.16, 150.17 and 150.18 to include reference to the State-adopted International Building Code (as published by the International Code Council) and to correct typographical errors.
Action: Approval/denial of 1st reading of text amendment.
The Planning Commission recommends approval since Georgia adopted this as the state minimum standard and it's been used here since 2003. This would put it in our code officially. In favor: None. Against: Jimmy Bass said that he is disturbed when he hears the word international in anything and doesn't think that we need to be internationl--especially if it means lowering our standards if going by international or global. Planning and Development Director David Allen advised that this is not the same as building codes in Europe, etc. He said it's been used here in Georgia since 2003. Motion to approve as 1st reading with corrections by Commissioner Bass. Approved 5-0.
h. David Allen to present Animal Control Progress Report. Click here to view it.
Planning and Development Director David Allen said that he was impressed with the information brought to the Animal Control Meeting. There is no ordinance yet, but this is being worked on and needs to be tailored to Pike County and not rushed. He said that he is not trying to contradict the 5 year plan but is trying to come up with a bridge of smaller steps rather than large steps. The Planning Commission will hear this in July and then it will come before the County Commission after that with public hearings. It will start out with a site/concept plan that will have impoundment/confiscation for dangerous dogs for public safety. The cities need to be involved. The short term plan with start with a draft budget of $15,000 in a separate allocation that includes the set up to move a building for storage (approximately $5,000) and put in a concrete pad and fencing for an impound yard to meet state minimum requirements. Commissioner Jarrett said that when looking at penalties in the county, she wants to look at warnings first to help people do the right thing.
This paragraph of information is from the BOC Post Agenda for this meeting located on the county website:
1. Establishment of a separate department number for animal control in the County budget.
2. Jennifer Gardner spoke last night of a state ordinance which empowers local jurisdictions to collect $5 for every rabies vaccination performed in the jurisdiction. The vet would have to charge $5 extra for each vaccination and give that money to the County. That is easy money for the County, with little to no effort by the County (all of these fees would go into the fund of the department number established for animal control. I would advise that we prepare whatever document is necessary to implement this fee immediately. Of course, Dr. Gardner sometimes parks her mobile service in the County and sometimes in the cities. Would the County get the $5 for a rabies vaccination performed in the cities? We could make that a stipulation in the finalization of our intergovernmental agreements with the cities to make me the Animal Control Officer for the cities. After all, we know that none of the cities will have their own shelter. They will depend upon the future County shelter.
3. Finalize the intergovernmental agreement with all the cities on Animal Control. Discuss a stipulation of the agreement, involving each City contributing a certain annual amount of money annually for support of the future County shelter.
4. Establish an Animal Control Ordinance which specifically addresses nuisance animals of all types and dangerous and vicious dogs. The Ordinance would establish fines for nuisance incidents, dangerous dog incidents, excessive dog noise incidents, lack of proper vaccinations, and unrestrained (trespassing) dogs in only named subdivisions within the County. The Ordinance would also establish registration fees for the top 3 most dangerous dog breeds.
5. Update the County website in regards to animal control information and create links to all local groups that assist with animal control issues.
6. Establish a structured intrastate and interstate network of rescue groups, shelters, etc. which can create a “pipeline” for unwanted Pike County animals to jurisdictions more willing and able to adopt them out. (I was struck by the fact that places in New York actually have an adoption deficit and are looking for dogs from other states. If they want them, then we have them.)
7. At this point, we need to look at the designated property on County Farm Road as a location for the impoundment / confiscation and euthanization of dangerous / vicious dogs and potentially rabid strays at this time (outdoor facility only). These are the only dogs that we are required by law to temporarily impound. We need to plan only for this category of dog at this time, and no other animal type. This gives us focus and a plan for the immediate future. We don’t need to advertise the property as a shelter to the general public, or call much attention to it (no signs, screening of property from road, etc.). In the immediate future, the property would simply be a base of operations for trained personnel to place dangerous dogs from the community and euthanize them.
8. I could do a site plan, in-house, to plan for #7, with an eye towards a future transformation into a “pet adoption” area in the more distant future. The only buildings shown on the first site plan would be those in #9 below. (You would also need fencing and a body disposal area.)
9. I envision a properly trained “strike force” for the County, which could trap or round up dangerous dogs (say the current problem pack in Williamson), bring them to the County Farm Road property and euthanize them. This would be the only purpose of that property for the foreseeable future. We were offered a decent trailer by Zebulon for $1. This could be moved to the property and serve as a storage area for records, supplies, food, equipment, etc. We were also offered a crude metal building by the Transfer Station for free. With few modifications, this could serve as the outdoor impoundment area for the captured dangerous dogs prior to euthanization. (In October, I referenced an article from the Pike Journal in 1961 which spoke of police rounding up untagged dogs in the County, bringing them to the warden on County Farm Rd., and euthanizing the unclaimed dogs. If that could happen in 1961, why could the same thing not happen a couple of times a year in the twenty-first century?)
10. If this location for dangerous dogs ran successfully for a couple of years, it might then qualify for grants to expand into an adoption shelter as well (and be able to address cats, horses, etc.)
11. I wish that there was an impact fee category for animal control, but there is not. Jimmy Totten also mentioned a while back that grant money might be available for constructing a disaster shelter for humans. Could this not also double as an animal control center during non-disaster times?
David views these steps as a reasonable way of helping to address the dangerous dog situation, modifying the irresponsible behavior of certain pet owners, and providing needed revenue to start up animal control measures without incurring the costs of a no-kill shelter in Pike County at this point. He believes the costs of addressing dangerous dogs in the County could be mostly made up with the revenue generated by fees and fines.”
i. Approve appointment of Randy Snyder as Fire Chief.
Interim CM Rob Morton recommended Randy Snyder to become the Fire Chief for Pike County Emergency Services. He presented a plan to commissioners for PCES last week. His current job is not up for discussion because it is in law enforcement. He grew up here in Pike County, graduated from Pike County, worked for the Pike Journal Reporter, applied for the fire department and credits it with keeping him out of trouble as a young man. He said that he is proud of his service in the fire department. He was Deputy Chief of Operations under Danny Henderson and served as the Interim County Chief from late 2010 through March of 2011. He brought the county into federal compliance and helped with the operations manual. He also said that PCES is about to go live with a Fire Safety Survey Program with local business owners. His Deputy Chief will be Mike Singleton who resigned a few years ago to attend nursing school. He has over 20 years of experience, used to be our EMA Director here, and he said that Mike will be unbiased because he is not part of a station. Interim CM Morton advised that the CM makes the appointment of the department head with approval of the Commission according to our Code of Ordinance. Motion to approve. 5-0.
j. Consider the approval/denial of moving $39,458.95 from contingency to the Magistrate Court Department which is the amount that equals the gross amount issued for back salary plus the county’s match for FICA.
Motion to approve. Attorney's fees will be addressed in a later meeting.
10. PUBLIC COMMENT- (Limited to 5 minutes per person)
11. EXECUTIVE SESSION: 8:54 p.m.
a. Interim County Manager requests Executive Session 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 Judge.
b. Interim County Manager requests Executive Session to discussion or deliberation on the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a county officer or employee as provided in O.C.G.A. § 50-14-3(6); germane to applicants for County Manager.
Back in open session at 9:14 p.m. No motions except the motion to adjourn.
12. ADJOURNMENT: 9:15 p.m.
Agenda subject to revision.
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