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Tuesday, August 28, 2012 – 6:30 p.m.
Courthouse Annex, 79 Jackson Street, Zebulon, Georgia
There was standing room only tonight at the Pike County Board of Commissioners meeting. Citizens spoke before the meeting during the Town Hall Meeting and many spoke during the Public Hearing part of the meeting. All in all, the meeting was only an hour long even with the public meeting about the CARE animal rescue facility located in the East Molena Farms Subdivision. The meeting was attended by all five commissioners, County Clerk Teresa Watson, JoAnn Wrye from the BOC Office who will be taking minutes after this meeting since Teresa Watson's last day is September 7, County Manager Michael Phillips, and County Attorney Rob Morton.
1. CALL TO ORDER ..................................................................................... Chairman Doug Mangham
2. PLEDGE OF ALLEGIANCE .................................................................... Chairman Doug Mangham
3. APPROVAL OF THE AGENDA - (O.C.G A. 50-14-1 (e) (1))
Motion was amended to include 8a. The opening of bids for Tax Anticipation Note (TAN) and awarding of a bid.
4. APPROVAL OF THE MINUTES - (O.C.G.A.§ 50-14-1(e) (2))
Minutes of the: August 22 Special Called Meeting, the August 20 Special Called Meeting, the August 15
Special Called Meeting/Public Hearing, the Public Hearing of August 8 (p.m.), the Public Hearing of
August 8 (a.m.), and the August 8 Regular Monthly Meeting.
5. INVITED GUESTS
6. REPORTS FROM COMMISSIONS, DEPARTMENTS, COMMITTEES, AUTHORITIES
a. Monthly Reports submitted from County Departments and County Authorities will be presented at
the first meeting in September. Reports today include a Revenue/Expenditure Statement for all
departments and a summary check register.
b. County Manager Report
• Update on County finances for the following funds/accounts: Finance Officer Kay Landers has been sick the past few days and not in the office at all today so County Manager (CM) Michael Phillips apologized and said that these numbers would be provided at the next meeting.
c. County Manager Comments
- Courthouse renovation update: There have been complaints about the noise and dust from those working in the courthouse. The county is working with the architect, contractor, and building crew to make the conditions better for the employees with plastic sheeting to block the dust and cover for the equipment and air filters as well. He said that it seems a little better and they seem to be more comfortable with the circumstances than they were. [Note from the Editor: I was in there just before the film crew from the Atlanta television station filmed a segment in there last week and the air quality was very poor. I imagine that it would be especially so for those who have breathing problems. And I can't imagine having to work with a dust mask on all day. Thank you to the county, contractor, and architect for working to make this situation as good as it can be for our employees. If I am around for the next renovation on Pike County property, my recommendation is going to be to spend the money and move people out--even if they don't want to move out. Added 8.29.12: I received a text message from someone reminding me that the commissioners tried to move employees out in the beginning of this process and some did not want to move out of the Courthouse.]
- Update on any pertinent departmental issues: None.
- Update on LOST Renegotiations: CM Phillips said that there was a meeting last week and has gone very well and is an ongoing process. He believes that it will work out before the deadline. Mr. Morton advised in the county attorney's report (later on in the meeting) that the county and four cities have come to an agreement on LOST negotiations last Thursday. The City of Zebulon advised by email that it is not in agreement with this recommendation, but since over 50% of the city population is in agreement, the county can move forward. According to state law, Zebulon is now defined as an absent municipality and their portion of LOST revenue has to be proportional to their population compared to the whole county. To meet the state minimum, Zebulon's portion needs to be raised by .12 so the other cities have been notified of this and asked to reply by the September 1 deadline. Of the 26% allocation to the cities, this would raise Zebulon's portion to 11.88%. Click here to read about the August 14, 2012 meeting.
- Planned ISO Inspection still in progress: We are still waiting to hear exactly when they are going to come in and do this inspection.
- City of Molena has invited all to a Ribbon Cutting for new Fire Station at 2 p.m. on Monday, September 10.
- Request from Board of Appeals for a review of the Sign Ordinance: Suggestions have been to reactivate the Citizens Advisory Task Force, hold a workshop to review the County Sign Ordinance, and to allow the public to speak at a county workshop about the ordinance.
- Animal Control remains a current topic for discussion: Animal control has been "a current topic of contention" and the board is interested in trying to do what we can. He also said that with the situation of the economy, the county will probably not be able to do all that it would like to do.
- Resignation of Teresa Watson as County Clerk, effective September 7, 2012: He said that the county has done all it can to persuade her not to resign but said that she has made her decision and he respects her for that. [Note from the Editor: Thank you to Teresa for all of her hard work over the past two and a half years. She will be missed.]
- Ongoing review of GEMA Ordinance before recommending to Board of Commissioners: There will probably be more information about this at the next meeting. He said that the county is trying to look at the repercussions and legal issues that are involved in this. He also said that the county is looking at what is applicable to Pike County. They are currently working on the 4th revision since it was originally presented.
d. Commissioner Reports:
Commissioner Carol Bass: none. Commissioner Tamra Jarrett advised her preference for a workshop on the sign ordinance. She also voiced her appreciation to County Clerk Teresa Watson. Commissioner Tommy Powers: none. Commissioner Don Collins advised that there will be a reception for Teresa Watson at A Novel Experience (the bookstore on the square in Zebulon) on September 6 from 11:30 AM to 1:00 PM. The public is invited. [Note from the Editor: Citizens can also go by the Board of Commissioners Office during the day and sign a card for Ms. Watson.] Chairman Doug Mangham: none.
e. County Attorney Report to Commissioners:
Mr. Morton advised that the county has received information from ACCG on state excise tax. There will need to be a discussion with the cities whether or not to impose a county excise tax on manufacturers since manufacturers will be given an exemption at the state level on January 1, 2013. (Info on the LOST negotiations is included above.)
7. UNFINISHED BUSINESS
a. Changes to the form requesting use of Courthouse grounds to provide for accommodation of other County facilities, i.e. Meeting Room, to be carried over to September 8 Regular Monthly Meeting.
This was moved to the September 12th meeting.
b. Implementation of Vehicle Use Policy to be carried forward to September 8 Meeting, as well.
This was moved to the September 12th meeting.
8. NEW BUSINESS
a. [Note from the Editor: The agenda was amended at the beginning of the meeting to include this.] Opening of bids for Tax Anticipation Note (TAN) for $800,000 that the county will borrow to operate on between now and when tax revenues begin coming in at the end of the year. Awarding of a bid.
United Bank bid 2.45% with a $155 fee. First National Bank of Griffin bid 2.0% with a $300 fee. First Bank of Pike bid 2.6% with a fee of $350. Motion to award bid to First National 5-0.
b. Consider one appointment to the Pike Area Transportation Committee (PATC) for a 2-year term set to expire 7-1-2014.
There were no applications for this position. It will be will be readvertised.
c. Consider one appointment to the Pike County Family and Children’s Service Board to fill an unexpired 5-year term set to expire June 30, 2016.
There were no applications for this position. It will be will be readvertised.
e. Consider one appointment to the McIntosh Trail Council on Aging to fill an unexpired 4-year term set to expire September 1, 2016.
There were no applications for this position. It will be will be readvertised.
e. Consider awarding the bid for landfill monitoring services.
3 bids were opened during the August 20, 2012 Special Called Meeting. GEC out of Macon-$18,508.50. Environmental Management Association, LLC out of Buford-$14,105. Advanced Environmental Management Inc from Norcross-$16,850. The 5-0 decision was made to accept bids as received and forward them to Harbin Engineering for review. Harbin Engineering reviewed them and recommended Environmental Management Association, LLC out of Buford with a low bid $14,105. Motion to approve. 5-0.
f. Consider application for Use of Courthouse/Grounds from the American Legion Post 197 for November 11, 2012 from Noon to 3 p.m. for a Veterans’ Day Ceremony. Applicant meets all criteria.
Motion to approve. 5-0.
g. Consider renewal of Personal Property Verification Program Contract with Traylor Business Services to provide for services to the Pike County Board of Assessors for the current fiscal year for the budgeted amount of $10,000. Board of Assessors and County Manager recommend approval.
Commissioner Carol Bass requested the Board of Assessors to review this contract again because the contract doesn't specify a price the letter does and the second year price is $20,000 instead of $10,000. Mr. Morton advised that this was addressed in their meeting that $10,000 has been budgeted and was clarified not to exceed $10,000. Motion to send it back to the Board of Assessors for clarification. 3-1-1 with Chairman Mangham voting against and Commissioner Don Collins abstaining.
h. Consider request of Pike County Planning Commission to adjust the term of recently-reappointed member Tony Watkins from a three-year term to a one-year term, set to expire newly at August 25, 2013, so as to achieve effective staggering of appointments to this commission. Planning Commission, Staff and County Manager all recommend approval of the recommended change.
The length that this term was revised to ensure that there would never be more than two new members on this board at one time. Motion to approve. 5-0.
i. Approval/denial of SE-12-06 – Richard Yarbrough, property owner, and Lisa Ramos of CARE, applicant, requesting a special exception in an A-R zoned district to allow for continued operation of an animal rescue facility located at 768 Union School Road, Land Lot 157 of the 9th District of Pike County, consisting of 10.42 acres in the East Molena Farms Subdivision, Tax Map Parcel #034 057. Board of Appeals, Staff and County Manager all recommend denial of the application.
Planning and Development Director David Allen advised the board that this request for a Special Exception was heard during the August 16, 2012 Board of Appeals meeting that decided, in a 4-0-1 decision, to recommend denial of this application. The staff recommended for the facility to immediately cease acquiring any new rescue dogs and any existing rescue dogs be removed from the property and all operations cease by December 31, 2012. He said in this meeting during the discussion that people said Ms. Ramos has a good heart, but this facility is located in a bad place and that many people want this service but they don't want it in their backyard. He said that neighbors testified to that living conditions were pretty bad with a potential for danger, property devaluation, and harassment of their pets. He said that any help that her facility has provided has been overshadowed by the fact that there seems to be a concentrated dog problem on Union School Road, New Road, and Old Zebulon Road. He said that Ms. Ramos has stated that she's leaving in 1 to 2 years to move to California and said that he didn't see why the county should delay a decision on this any longer. He went on to say that not all of her dogs are Pike County dogs because she had some when she moved to Pike County. Mr. Allen said that he felt that it violates the stated purposes of zoning codes and staff recommended denial. Each side was given 15 minutes to speak and some spoke prior to the meeting during Town Hall.
IN FAVOR:
Attorney Betsy Choder addressed state law with regard to animals in Pike County. She said that Pike County does not have a quarantine facility and said that the county board of health is responsible for rabies and needs to be in compliance with state law including having a rabies control officer which is different from an animal control officer for the county. She said that there are state laws and procedures to follow and said especially if there's no place to quarantine animals, she believes Pike County is in violation. She pointed to the good that CARE is doing as "the only group helping with spay and neuter in Pike County" but said that they need help with staffing and control of animals. She asked for further investigation of this matter, especially whether or another quarantine facility is available for the time being, and asked commissioners to hold off until the next meeting to make a decision. She said that animal control has been a discussion in Pike County since 2008 and offered to work with Mr. Morton on an animal control ordinance for the county by the next meeting.
Kevin Botsman (spelling?) suggested moving the kennels if a piece of property was away from everyone with access to water and other needs for facility.
Gwen Roland said that she has been volunteering with CARE since 2010 and has fostered 35 dogs for this facility. She advised that CARE met with Warden Edd Sanders of the West Central Integrated Treatment Facility to talk about a Foster dog program and he asked them for a business proposal which they are preparing. She said Ms. Ramos is an excellent rescuer to take of dogs and that she has enjoyed volunteering there. She asked the Board to be creative including putting the dogs somewhere else and said that they may need more time than December 31 since they are hoping that the Foster dog program will take off.
AGAINST:
Lonnie Crow said that this has created a horrible nuisance with the noise that is unbelievable and that he can no longer hold family events at his home because of the noise. He said neighbors have been waiting for four years to have a say in this and it's gone on long enough. But in a residential area and people won't build here because the facility, there's a cure for children, livestock are being chased, and it is a liability to property owners and the county. He stated that Ms. Ramos had numerous violations from Meriwether County and asked who pays for the costs involved if a mauling occurs.
Margie Trammell asked a question about a dog that bit a neighbor unprovoked that she had heard Ms. Ramos talk about at a previous meeting. She said that Ms. Ramos stated in the meeting that there was a requirement to quarantine the dog for 10 days and then put the dog down (euthanize it), but said that Ms. Ramos stated at the time that the dog had not been put down. She asked if this was true and said that if it was true then the Board needed to address this problem. She said that any animal bites unprovoked needs to be destroyed and that if Ms. Ramos is not willing to do this, she doesn't need to be in business. (Commissioner Bass asks and receives the answer to Mrs. Trammell's question later in the meeting.)
Mike Adler said that the noise is unbelievable and that there are packs of dogs that run loose. He said this is a great thing but absolutely in the wrong place.
Josh Caldwell said that no one is questioning what CARE is doing, but then a residential setting is the wrong place for it. He said that he was bit by dog a year ago. He said most dogs are in kennels but that some are still lose and reiterated that this is not the place for this facility.
Ray Gaddis lives on Old Zebulon Road and said what CARE is doing is great, but they had no control over the dogs. He said they are all over the property and running loose and have killed two dozen of his chickens. He said that he had to put a dog down last week when it came at him as it was getting in his chicken pen. Said there has to be somewhere for her to do this other than where it is now.
The meeting was closed and Mr. Morton advised for the record that commissioners each had a packet that included an analysis by the Board of Appeals for a Special Exception as well as materials for and against this facility. Commissioner Bass asked how many dogs are currently at the facility. She was advised around 60 though there have been some adoptions. Commissioner Bass also ask whether the dog that bit a person unprovoked had been put down and was advised that it had not been. Ms. Ramos said that there had been an outcry from her volunteers that it was a friendly dog and they don't know why it did what it did. Commissioner Bass said that she attended the Board of Appeals meeting and that a lot came out about this facility both good and bad, but said that the Board still has to look at what to do with this facility now. She said that they have an obligation make sure that citizens have a quality of life and that quality of life doesn't exist now. She was heartened to hear that it may be resolved but said that the situation cannot continue as is. She did encourage CARE and animal volunteers to continue to see if the other idea can be brought to fruition even if this was denied by the board so there could be some type of animal control in the county. Commissioner Bass made the motion to follow the staff recommendation and deny this application.
Commissioner Tommy Powers said that he is not against dogs either but that is easy in a bad location and said that the covenant in the subdivision only allows a few dogs. Commissioner Tamra Jarrett has been to this facility and says that it doesn't always accept animals and that it does not offer quarantine. She responded to the accusation that the county was not in compliance from Ms. Choder and stated that the county does have a rabies control person. She said we have a fabulous group of volunteers working on animal rescue in our county, but said that she had received several phone calls on this and said that as good as the intent is with this facility, there are a lot of dogs there and she wouldn't want that close to her either. She said commissioners have to maintain the county's ordinances and do what is best for the people who live in it. Commissioner Don Collins said that he has had extensive discussion with Lisa Ramos about this facility. He said that the neighborhood was not designed for kennel and that there is land set aside for animal control in Pike County. He wants to see the county news toward a usable animal control facility. Motion was denied in a 5-0 vote.
9. PUBLIC COMMENT- (Limited to 5 minutes per person)
10. EXECUTIVE SESSION - None
11. ADJOURNMENT
Motion to adjourn at 7:30 p.m.
Agenda subject to revision.