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REGULAR BOARD OF COMMISSIONERS MONTHLY MEETING
Tuesday, September 27, 2011 – 6:30 p.m.

This meeting was attended by all Commissioners except for District 2 Commissioner Tamra Jarrett who was absent due to medical reasons, County Clerk Teresa Watson, County Manager (CM) Bill Sawyer, and County Attorney Rob Morton. County Manager Sawyer read a statement from District 2 Representative Tamra Jarrett which advised that she is unable to attend tonight's meeting due to medical reasons. She advised that her surgery will require a recovery period of 4 to 6 weeks and asked the public to please continue to call or email with any issues that they would like her to address. She has asked the county manager to apprise her of all issues that should be brought to her attention as the commissioner for District 2 so she can follow up during this time. She looks forward to returning to meetings as soon as she is able.

• Update on County finances for the following funds/accounts:
CM Sawyer advised that the county transferred $100,000 from the TAN (Tax Anticipation Note) today leaving a balance of $400,000.

General Fund $12,630.83 (last meeting $4,178.87)
Jury Account $0.00
Cash Reserve Account $2,677.37 (last meeting $2,655.45)
Jail Fund $32,056.37 (last meeting $31,809.04)
E-911 Fund $9,566.36 (last meeting $4,722.55)
DATE Fund $10,596.99 (last meeting $10,790.31)
Juvenile Court Fund $28,536.68 (last meeting $27,731.82)
Residential Impact Fees $268,206.37 (last meeting $265,744.59)
Commercial Impact Fees $12,117.38 (last meeting $12,116.35)
General Obligation SPLOST Tax Bond Sinking Fund 2011 ............... $38,663.11 (last meeting $80,796.17)

• County Manager Comments
-Discussion of possible financial actions, to include but not limited to, an immediate moratorium on all but the most essential of spending, an immediate additional 3.5% budget cut request to all departments and constitutional officers, as well as a discussion of possible unpaid holidays for the remainder of FY 2011-2012 (nine) and possible furloughs.

CM Sawyer advised that he and the staff have met with all of the constitutional officers and department heads to discuss the state of the county as well as available options in the financial condition that we face. Furloughs, holiday pay removal, reduction of the county's portion of employee healthcare benefit coverage, and overall reduction in departmental budgets were discussed for this current fiscal year of 2011-2012. "After careful review and deliberations, our recommendation is to immediately develop plans to reduce the fiscal year 2011-2012 budget by 3.5% which should provide primarily for long-term fiscal management with some secondary immediate, relief being realized, to immediately implement a moratorium on all but the most essential of spending with an ongoing careful review of all those expenditures." He said that this is being done while keeping in mind that if this doesn't work, furloughs, holiday pay removal, and reduction of the county's portion of employee healthcare coverage insurance premiums will be back on the table. He said that all constitutional officers and department heads concurred with this decision. He advised that he and his staff are always open to suggestions from the commissioners on this and other matters. Motion to approve these recommendations. Approved 4-0.

Update 9.28.11:

c. Commissioner Reports

District 1 Carol Bass: Congratulated those who worked to get the $5,625 GEMA grant. Special thanks to to EMA Director Jimmy Totten for his efforts.

District 4 Don Collins: Brought his concerns about the landfill before the commissioners and the public. Said that in 2002 we were one inspection from closing the landfill. Public Works Director Cathy Lynn said we would be the first in the state of Georgia to close our landfill and that there was no follow up after she departed and then we were required to put in wells and monitor them and have been paying for this monitoring for almost ten years. ($16,000 for many years and currently $14,000 according to Mr. Collins.) Then commissioners were told at the last meeting that they would possible have to put in $20,000 worth of new wells. Said that the same representative--John Spaller, Senior Geologist with GEC (Geotechnical and Environmental Consultants)--addressed the BOC two years ago and said that the estimate for wells was $40,000 to $50,000 for monitoring wells. The BOC hired Arcadis Engineering and Consulting to advise them on this operation and that wasn't successful because no one seemed to follow up on it, he said. Closing day for the landfill was in 1993 and the county was told that it would be able to utilize the land after 20 years but it seems like every inspection from the EPD brings a new inspector and a new set of stipulations that the county has to adhere too. Said that he wants to hear from the boss of the EPD to find out why this keeps changing and if there is a way to eliminate the monitoring fees. Commissioner Collins advised that he asked CM Sawyer to discuss with the EPD about the landfill and CM Sawyer has arranged a meeting on Thursday, October 6, 2011 at 10 a.m. Commissioner Collins said that this meeting is an attempt to get some sort of resolution to move forward about closing the landfill or resolve some of these issues about the landfill.
BOC9.14.11.html [Click on this link for the write up from the 9.14.11 meeting.]

Advised that he is going to hold a Town Hall Meeting on Monday, October 10, 2011 at 7 p.m. at the Station 6 Fire Station in Williamson. Bring a chair and dress comfortably. Said that this is basically for District 4 constituents but that everyone is invited including other commissioners.

d. County Attorney Report to Commissioners: None.

7. UNFINISHED BUSINESS: None.

8. NEW BUSINESS

a. Approval/denial of Resolution to Adopt the Capital Improvements Element 2010 Annual Update as transmitted on July 13, 2011 and approved by the Department of Community Affairs on August 3, 2011. *Staff and County Manager recommend approval.

b. Public Hearing – REZ-11-06 – Receive public input on Rezoning of M-2B (Heavy Manufacturing) zoned property to A-R (Agricultural Residential) zoning, property owned by Douglas and Yvonne Robinson, Tax Map Parcel #086 082. *Staff and Planning Commission recommend approval.
Action: Approval/denial of above petition to rezone.

Planning and Zoning Director David Allen advised that there was a 60 day waiting period requirment that was fulfilled on September 16th. Motion to approve. 4-0.

c. Public Hearing – REZ-11-07 – Receive public input on Rezoning of M-2 (Manufacturing) zoned property to A-R (Agricultural Residential) zoning, property owned by Ingram LeGrand Lumber Company, Tax Map Parcel #018 013. *Staff and Planning Commission recommend approval.
Action: Approval/denial of above petition to rezone.

Planning and Zoning Director David Allen advised that all seven of these properties have a A-R use no commercial use. Advised that the last five on this list are on Hwy 41 and were recommended to be rezoned from C-2 to A-R by the Planning Commission in 2002. Director Allen advised that he could find no record where this was done by reviewing the minutes of the Board of Commissioners though he learned later that the Planning Commission had the final say on rezonings in 2002. He asked the commissioners to approve this in order to be sure that the rezonings were completed.

No one spoke during the public hearing. Motion to approve. 4-0.

d. Public Hearing – REZ-11-08 – Receive public input on Rezoning of C-2 (General Commercial) zoned property to A-R (Agricultural Residential) zoning, property owned by Shelva Jean Moore Payne, Tax Map Parcel #088 -033. *Staff and Planning Commission recommend approval.
Action: Approval/denial of above petition to rezone.

No one spoke during the public hearing. Motion to approve. 4-0.

e. Public Hearing – REZ-11-09 – Receive public input on Rezoning of C-2 (General Commercial) zoned property to A-R (Agricultural Residential) zoning, property owned by Shelva Jean Moore Payne, Tax Map Parcel #088 035. *Staff and Planning Commission recommend approval.
Action: Approval/denial of above petition to rezone.

No one spoke during the public hearing. Motion to approve. 4-0.

f. Public Hearing – REZ-11-10 – Receive public input on Rezoning of C-2 (General Commercial) zoned property to A-R (Agricultural Residential) zoning, property owned by Thomas and Stephanie Hurt, Tax Map Parcel #088 033A. *Staff and Planning Commission recommend approval.
Action: Approval/denial of above petition to rezone.

No one spoke during the public hearing. Motion to approve. 4-0.

g. Public Hearing – REZ-11-11 – Receive public input on Rezoning of C-2 (General Commercial) zoned property to A-R (Agricultural Residential) zoning, property owned by Michael and Amy Payne, Tax Map Parcel #088 033B. *Staff and Planning Commission recommend approval.
Action: Approval/denial of above petition to rezone.

No one spoke during the public hearing. Motion to approve. 4-0.

h. Public Hearing – REZ-11-12 – Receive public input on Rezoning of C-2 (General Commercial) zoned property to A-R (Agricultural Residential) zoning, property owned by Leonard and Mary Ann Cherrier, Tax Map Parcel #088 039. *Staff and Planning Commission recommend approval.
Action: Approval/denial of above petition to rezone.

No one spoke during the public hearing. Motion to approve. 4-0.

i. Public Hearing – SE-11-03 – Receive public input on a Special Exception request in a C-1 (Neighborhood Commercial) zoned district for a morning fitness and learning preschool, property owned by Mike Grant of Centerfield Sports & Fitness, Inc., Tax Map Parcel #076 101. *Staff and Planning Commission recommend approval.
Action – Approval/denial of above petition for Special Exception.

Planning and Zoning Director David Allen advised that there will be no new building associated with this. Said that parking is adequate and that all state requirements and inspections have been met.

Public Hearing:

In Favor: John Morrison spoke in favor of this Special Exception as a member of the Planning Commission and as a member of Centerfield Sports & Fitness, Inc. Said it was one of the cleanest facilities that you would ever want to go to and doesn't see where it will create any more traffic and recommends approval.

Neutral: Billy Paul lives in the planned Brookstone neighborhood associated with Centerfield and said that he has a history with this property. He said that he is neither for nor against this Special Exception. He also said that there has always been a concern about with the increase of patrons with the use of this facility and that even though he heard it said that the facility had passed all inspections, he had a few questions. Specifically, did the facility pass a public health inspection by state public health? Director Allen advised that this facility passed all state inspectors, health inspections, and all requirements including that of the Fire Marshall. Mr. Paul then asked if the portapotties (that are currently on the property of Centerfield) are part of this state assessment. Director Allen advised that portapotties are not regulated by the state but this was touched upon at the Board of Appeals meeting when another citizen complained. Mr. Mike Grant, owner of Centerfield, agreed to have the portapotties removed. Mr. Paul was advised that the state assessments and inspections are in writing as well as that of the Fire Marshall.

Ann Pitts said that she also lives in the neighborhood behind Centerfield and that even though there has been a promise to remove the portapotties by last Monday or Tuesday, they are still on the property. The owner came forward at this point to address the matter.

Centerfield owner, Mike Grant said that he has no problem removing the portapotties and has called the company to pick them up. He advised that he would like the ability to bring them in only for special events (as was discussed at the Board of Appeals meeting) and that he would place them where they would be shielded from Hwy 19 or the Brookstone community. In response to a question about background checks from Commissioner Carol Bass, he advised that the state regulates background checks for employees with a daycare facility and that he does background checks on all who work in his facility already. He also said that he would lose his license if he didn't abide by these state rules. Said that the records were open to her to look at them any time she wanted to. Commissioner Bass said that she thought what he was doing was good, but that she had wanted some clarification about background checks in her mind. She thanked him for the clarification.

Public hearing was closed. Motion to approve. 4-0.

j. COURTHOUSE UPDATE: Ben Carter, Architect with Carter Watkins Associates Architects, Inc. will go over plans (progress set) for the SPLOST historic Courthouse renovation project.

Construction documents has been submitted to the County Manager for review. Said that they are proposing an October 1, 2011 bid process with opening of bids at the end of November. CM Sawyer invited Clerk of Court Carolyn Williams to show Mr. Carter her concerns about the current design. She pointed out that the Court Reporter is on the wrong side of the bench. Mr. Carter suggested a 3 sided modesty desk that could be moved. She also pointed out that there is a need for more room in the Sheriff Office's side than there is in the Juvenile holding cell. Mr. Carter suggested taking some footage from the Juvenile side and adding that space to the Sheriff's Office side. CM Sawyer asked the commissioners if they were ok with the changes so far and they said yes.

CM Sawyer then addressed the number of elevators in the building. He said that the current design with three elevators is a concern because of cost. Mr. Carter said they would bid out three elevators as well as two elevators. The roof was also a concern with the current plans showing a composite roof instead of a metal roof. Mr. Carter said that they chose to bid out with a composite roof in order to get a comparison with a metal roof as an alternate addition.

Change orders were discussed next. It was said that the County Manager can approve any change order up to $1,000, but CM Sawyer said that he is not a fan of change orders. CM Sawyer said that the county is going to hold firm on the bid amount. County Attorney Rob Morton advised that change orders will still have to be approved by the Board of Commissioners.

The audience was then allowed to speak on this matter. Joy Walker said that she had spoken to Judge Crawford and he said that the Federal Marshals whould like to review the security plans for the courthouse because there has been another shooting a courthouse in Arkansas. The Marshals said that there was the possibility of funding to cover some of the security concerns with the courthouse renovation. Mr. Carter asked if there was a chance this was a state agency rather than federal since the state usually has jurisdiction. Ms. Walker advised that Judge Crawford said it was federal. County Attorney Rob Morton said that this may have something to do with the possibility of obtaining federal funding for this project. Consensus that Judge Crawford and Mr. Carter will speak about this matter directly for clarification.

Motion to approve the plans with changes and move forward with renovation of the courthouse. Approved 3-1 with Commissioner Carol Bass in opposition.

9. PUBLIC COMMENT (Limited to 5 minutes per person) – None

10. EXECUTIVE SESSION

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.

Motion to go into Executive Session at 7:09 p.m. Motion to enter into Regular Session at 7:27 p.m. No action was taken in Executive Session. Motion to Adjourn at 7:28 p.m.

11. ADJOURNMENT

Agenda subject to revision.


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 9.27.11].html. Today's meeting is online as www.pikecountytimes.com/secondary/BOC9.27.11.html. The County Government website also has links to minutes from past meetings.
9.27.11
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