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Wednesday, September 14, 2011 – 9:00 a.m.
All five commissioners were present at this meeting along with County Clerk Teresa Watson, County Manager Bill Sawyer, and County Attorneys Rob and Tom Morton. There was a fairly large crowd present too.
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))
4. APPROVAL OF THE MINUTES - (O.C.G.A.§ 50-14-1(e) (2))
Minutes of the following: Regular Monthly Meeting of August 30, 2011.
5. INVITED GUESTS
a. John Spaller, Senior Geologist with GEC (Geotechnical and Environmental Consultants), will be
present to discuss post-closure ground water monitoring wells at the Pike County Landfill site.
The landfill has been closed for some time and the EPD requires monitoring of the water surrounding the site to be sure that nothing is going into the surrounding water that shouldn't be. Mr. Spaller's company has been monitoring the ground water levels there for 17 years. At this time, there is some contamination that is being monitored through wells on the property and there has been notification that some additional testing and wells may be required. The county is being required by the EPD to determine whether the contaminants have left the 146 acres owned by the county. More testing will be conducted in November and that will give the county a better picture of what is being dealt with. Mr. Spaller said that there are a lot of unknowns that are being dealt with at this time including a possibility that the contaminant levels have peaked and will start going away on their own. If additional wells are required, he gave a guess that it could cost around $20,000 to $30,000.
6. REPORTS – From Commissions, Departments, Committees, County Manager, Attorney
a. Monthly Reports submitted from County Departments and County Authorities, including a
Revenue/Expenditure Statement for all departments, and a summary check register.
b. County Manager Report
• County Manager Comments
The auditors are here and it seems that we are as clean as we were last year. * Finances will be on the agenda of the night meeting on September 27th. He advised that furloughs and holiday pay will be part of this discussion. $300,000 out of the $800,000 TAN (Tax Anticipation Note) has been accessed by the county with $500,000 remaining. This is somewhat later than it was done last year and that departments are working with the county with expenditures.
• Update on County finances for the following funds/accounts:
General Fund $4,178.87 (last month $30,906.76) *CM Sawyer advised that we have a deposit today of $69,433.47.
Jury Account $0.00
Cash Reserve Account $2,655.45 (last month $82,655.45)
Jail Fund $31,809.04 (last month $29,142.17)
E-911 Fund $4,722.55 (last month $11,467.26)
DATE Fund $10,790.31(last month $10,790.31)
Juvenile Court Fund $27,731.82 (last month $27,951.82)
Residential Impact Fees $265,744.59 (last month $265,744.59)
Commercial Impact Fees $12,116.35 (last month $12,116.35)
General Obligation SPLOST Tax Bond Sinking Fund 2006 $0.00 (last month $21,649.24)
(This is now closed out and checks to Cities have gone out.)
General Obligation SPLOST Tax Bond Sinking Fund 2011 ............... $80,796.17 (last month $80,819.28)
LOST for this month $63,425.70
Update 9.15.11:
c. Commissioner Reports
Commissioner Carol Bass from District 1 said that she asked to review some records last week and received a phone call questioning why she was asking for the records and what she was going to do with the records. She said that they also indicated that she was wasting people's time. Said that she is not going to stop asking for records, that she doesn't think it's a waste of people's time to do her job, and that she uses those records to make a determinations on financial decisions. Said that she was going to deal with this in Executive Session but it doesn't deal with personnel so she had to deal with it in the open meeting. * Asked about the status on the old Hollonville Fire Station deed. Was advised that the owner according to the deed had been clarified in a previous meeting and County Attorney Rob Morton advised that the county can use a quit claim deed to deed back to the owner when the BOC decides to do this. The issue will be researched and addressed further at the next meeting.
Commissioner Tamra Jarrett from District 2 said thank you to (Pike Post 197) and all who were a part of the 9/11 program on Sunday.
No other comments from BOC members.
d. County Attorney Report to Commissioners: None
7. UNFINISHED BUSINESS
a. Approval/denial, on second reading, of policy to govern use of the Courthouse grounds for local
events. County Attorney to address with changes directed at previous August 30, 2011 Board
meeting.
The BOC will make the final determination on who is allowed to use the Courthouse grounds according to this ordinance. Use will be allowed on a case by case basis with a right to refuse based on particular criteria. Commissioner Tommy Powers stated his concern with the time frame to request use from the BOC because it would have to be approved at a BOC meeting. [Note from the Editor: This means that the public cannot request use of the Courthouse at the last minute because the BOC only meets twice each month in Regular Called Meetings. Last minute approval would call for a Special Called Meeting in order to get approval. Getting an item on the agenda means that the public will need to get their request to the BOC office at least 4 days prior to the 2nd Wednesday of the month meeting and the same for the last Tuesday of the month meeting.] It was recommended to advertise this change in the newspaper to let the people know. Motion to approve. 5-0.
8. NEW BUSINESS
a. Appointment to the Pike County Planning Commission for a regular three-year term set to expire
new on September 30, 2014.
Move to reappoint Richard Baskin. His application was the only one that was received. Approved 5-0.
9. PUBLIC COMMENT (Limited to 5 minutes per person)
a. Alton Turner would like to address the Board to appeal the commercial impact fee in Williamson which has already been discussed with, and adjusted by, County Manager Bill Sawyer and Director of Planning and Development David Allen. County Manager Bill Sawyer will address.
Alton Turner has been negotiating with Dollar General to build a store in the City of Williamson. He said that they are trying to get a budget together. Said that CM Sawyer had met with him and reduced the Impact Fee from $11,000 to $2,500 but asked that the BOC reduce that amount even further. Said that there are positive and negative impact fees and that he understands that new improvement should pay costs to improve the system but this store doesn't have kids so no need for school or recreation and there is no sewer there. Said that property tax on the store would be 6 to 10 times the Impact Fee and that it will bring in $1.2 to $5 million in sales the first year that would provide thousands of dollars to the county. Said that the City of Williamson is already requiring all four sides to be bricked so this is an expensive venture for them, but said that the price of the building has to be what can work for them. Said that the store will be providing a service to citizens, bringing taxes into the county, and providing 8-10 jobs. CM Sawyer advised that Mr. Turner had a meeting with him, the county attorney, the mayor of Williamson, and Planning and Zoning Director David Allen. CM Sawyer said that he reduced it as low as he could to the $2,500 but felt any exemption should come from the BOC. Discussion: Commissioner Tamra Jarrett said that she met with the CM and Director David Allen and has some concerns about possible conflicts in Pike County's ordinances. Said that they may want to look at the fee schedule to discuss status of the ordinance. Commissioner Carol Bass said that the ordinance needs to be looked at. Also said that additional revenue is a good thing and noted that adjustments have been made in the past. Mr. Turner said that he things the Impact Fee is too high for something that is going to bring in revenue and not require services. Said that this store doesn't need Williamson and can pull out if it costs too much and every little bit helps. Williamson Mayor Steve Fry said that the structure is visible on all 4 sides and that is why it has to be bricked according to Williamson's ordinances, that this will put some money towards police enforcement, and that this is a way of protecting infrastructure up front. Commissioner Tommy Powers said that the impact fee has to be fair to everyone and noted that it is different for a grocery store and a gas station. Commissioner Don Collins said that the ordinance is in place that provides for a reduction in fees and that CM Sawyer has made a reasonable deduction. Said that $2,500 is not an excessive amount.
The question was asked if this needed a motion. County Attorney Rob Morton advised that the matter is on the agenda as an appeal to the BOC so a motion would be in order for this topic.
Update 9.16.11:
Motion to accept the County Manager's reduction to $2,500 by Commissioner Don Collins with a second by Commissioner Carol Bass. Further discussion: Commissioner Bass said that rewards will be reaped down the road on this, however, she doesn't think that the BOC can waive this Impact Fee entirely because it's a slippery slope. She suggested that Mayor Fry and the City of Williamson can maybe offset some of the cost of this store. Mayor Fry said that they will work with them as much as they can. Commissioner Bass went on to say that if we go with $0 we will have to do it for everyone. She said that there needs to be an adjustment in Impact Fees. Mayor Fry said that the potential store would be located right next to the walking trail so the City is making sure that there is protection and preparing ahead of time for environmental impact. He said that we need commercial but must watch the impact. Vote is 4-1 with Commissioner Tammy Jarrett voting in opposition. No reason was stated for this at that time. County Attorney Rob Morton advised that Bill Ross and Associates out of Thomaston developed the methodology for Impact Fees and that is where the pay charts came from. He said that care needs to be taken not to invalidate the ordinance. Also said that Mr. Ross was willing to come down to discuss this before though he may want to be paid for this visit. Consensus to study the Impact Fee Ordinance and come up with a date for a workshop. CM Sawyer also advised that the DCA (Department of Community Affairs) has to approve any changes.
10. EXECUTIVE SESSION: 9:51 a.m.
a. County Manager requests consultation with the county attorney, or other legal counsel, 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.
[Note from the Editor: Here is an overview from both lawsuits concerning the Board of Commissioners and Magistrate Court. I am fairly certain that the Rakestraw case has not been resolved and know for certain that Marcia Callaway-Ingram's case has not been resolved.]
Pike County v. Loretta H. Rakestraw was filed in the Superior Court of Pike County on April 14, 2010. This is a Complaint for Declaratory Judgment and Injuctive Relief which stated that Loretta Rakestraw was currently serving as the Associate Judge of the Magistrate Court of Pike County, that she was appointed by former Chief Magistrate Priscilla Killingsworth, and that Judge Killingsworth resigned from office on April 8, 2010. Specifically, the lawsuit states that the Pike County Code of Ordinances states that the Assistant Magistrate ("Magistrate other than the Chief Magistrate") shall be appointed by the Chief Magistrate. This lawsuit also cites state law (OCGA 15-10-20(d)) which says, "Magistrates other than the chief magistrate shall be appointed by the chief magistrate with the consent of the judges of superior court. The tuerm of a magistrate so appointed shall run concurrently with the term of the chief magistrate by whom he was appointed." The question, according to this lawsuit, "is whether the legal authority of the Associate Magistrate continues after the resignation of the Chief Magistrate who appointed the Associate Magistrate, particularly in the view of the provision that the term of the Associate Magistrate "shall run concurrently with the term of the chief magistrate by who (s)he was appointed."" The county asks for a Declaratory Judgement on the matter of "the uncertainty of the magistrate's authority after the resignation of the Chief Magistrate who appointed the magistrate" and waives any request for a jury trial. The county also asks for an injunction against Judge Rakestraw from using judicial authority as an Associate Magistrate until there is direction from the court in this matter.
Marcia Callaway-Ingram v. Pike County Georgia (also naming the County Manager and each Commissioner individually) is a Writ of Mandamus that was filed on August 1, 2011. She seeks a Writ of Mandamus requiring the Board of Commissioners pay her the salary that was set at the outset of the 2009-2012 term as required in OCGA 15-10-23(d), require the county to hire a full-time Associate Magistrate Judge as there was prior to the her appointment in office, give a permanent injuction for the County, the BOC, and County Manager Bill Sawyer from "interfering with the effective operation of the Magistrate Court" including the prevention of job applications from reaching her office for a vacant position, and also seeks back pay with interest and attorney's fees. Her lawsuit is based on the Georgia Constitution at Article 6, Section 7, Paragraph 5 which states, "An incumbent [judge]'s salary, allowance, or supplement shall not be decreased during the incumbent's term of office." The lawsuit cites two lawsuits which directly address her complaints. Lee v. Peach County Bd. of Comm'rs (1998) in which the Supreme Court ruled that a chief magistrate appointed to fill an unexpired term of office was entitled to a writ of mandamus to compensate him at the rate in effect at the time of his employment. Poppell v. Gault (2004) in which a ruling was made that county government cannot reduce the compensation to one appointed to fill the unexpired term of chief magistrate after the appointment. The lawsuit cites Dudley v. Rowland (1999) as evidence of a prohibition against the reduction of a full-time magistrate position to part-time in the middle of a chief magistrate's term. The lawsuit also asks for a writ of mandamus to fund the Associate Magistrate position on a full-time basis at the salary set at the beginning of the 2009-2012 term of office. She asks for a Permanent Injunction against Pike County, the County Manager, and individual and the group of County Commissioners to prevent the interference of the county with personnel in Magistrate Court according to Article 9, Section II, Paragraph I(c) of the state constitution because it "violates the role reserved exclusively to the Judicial Branch" according to OCGA 15-10-20.
Back into session at 10:42 a.m. Motion to adjourn at 10:43.
11. ADJOURNMENT
Read past write ups of Board of Commission meetings by clicking on the Pike County Times "Links" page above, clicking on Pike County Government, Commissioners, and then scrolling down to find out what the date of the meeting is. All of my links to past meetings are listed as follows: www.pikecountytimes.com/secondary/BOC[insert date here like this 9.14.11].html. Today's meeting is online as www.pikecountytimes.com/secondary/BOC9.14.11.html. The County Government website also has links to minutes from past meetings.