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Tuesday, February 28, 2012 – 6:30 p.m.
Courthouse Annex, 79 Jackson Street, Zebulon, Georgia
By Editor Becky Watts
ZEBULON - There were about 20 people in attendance in the audience at last night’s meeting along with all five commissioners, County Clerk Teresa Watson to take the minutes, County Manager (CM) Bill Sawyer, and both Rob and Tom Morton from Morton and Morton to give legal representation.
I am, once again, going to work backwards from the end of the meeting to the front since proposed changes to Impact Fees and the Recreation Authority really concern me. This method of trying to do things quickly and commissioners finding out how things are being done after the fact concerns me even more. I am a firm believer that government needs to move slowly so we don’t jump into things that are going to cost us more than we save in the long run.
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: Regular Monthly Meeting of February 8, 2012.
5. INVITED GUESTS
Update 3.6.12:
6. 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.
None, as all reports will be submitted at the first Board meeting in March.
b. County Manager Report .
• Update on County finances for the following funds/accounts:
General Fund - $1,857,343.84
Jury Account - $0
Cash Reserve Account - $1,000,742.99
Jail Fund - $28,782.65
E-911 Fund - $98,513.22
DATE Fund - $11,908.10
Juvenile Court Fund - $28,958.12
Residential Impact Fees - $276,988.61
Commercial Impact Fees - $15,821.20
General Obligation SPLOST Tax Bond Sinking Fund, 2011 - $518,994.91
LOST Collections for the month - [These are reported once per month in the morning meeting.]
SPLOST Collections for the month - [These are reported once per month in the morning meeting.]
c. County Manager Comments: None.
d. Commissioner Reports:
Commissioner Carol Bass asked about voting at the Courthouse and whether there is anything that the public needs to know about voting in the future. CM Sawyer advised that it is set up like normal now and that a letter has been sent to the Justice Department asking permission to move the location of The Registrar's Office to a location that will be determined by the general contractors and administration within the Courthouse and then to the new addition that is being constructed and will ultimately house the new Registrar's Office. [Note from the Editor: The accessibility of voting and making sure that people can easily access voting facilities without being inconvenienced concerns me. This is a big voting year with at least 2 more big elections--July and November--on the horizon.] * Carol also asked about construction in the Industrial Park in Zebulon. This is the Johnson Battery expansion that people can see from the road. * Said that she is getting a lot of calls about animal control--both for and against it. Asked if it would be possible to bring this before the citizens for a vote on whether or not to approve this. County Attorney Rob Morton advised that the county cannot just put this on the ballot for a straw poll. It has to be approved by the General Assembly first. He said that the county looked into this in June of 2008 and asked Representative Billy Maddox to draft the legislation to place it on a referendum, but this would have had to be a special election at the time since there were no elections then and the commissioners did not want to do this because of the cost. Carol asked if there was a way to piggyback this on an election this year. County Attorney Morton advised that the commissioners would have to vote on it and send a resolution to Representative Maddox on it for the legislature to sign in order to get it on the ballot. CM Sawyer advised that there has been a move in some parts of the state to regionalize some things and asked if the commissioners would consider regionalizing animal control with another county. He said that staff can look into it and make a recommendation. Carol asked that the CM work with and get information from Don Bailey, Chairman of the Friends of Pike County Animals, Inc. and get numbers on start up cost, cost to run it, etc. in order present on this matter to the citizens so they can make an informed decision because citizens could be voting on a tax increase.
Commmissioner Tamra Jarrett commented people's concerns on the issue of buzzards. She said that they are protected and that the Department of Natural Resources said that they may not have migrated as much as in previous years because of the warmer climate and that they have stayed in the area and are just more noticable.
Commissioner Tommy Powers had no comment.
Commissioner Don Collins went to Athens for training last week. He said that since the county eliminated prisoner trash pick up that he has gotten a lot of complaints about the amount of trash on the side of the road. He asked about a short-term contract with the detention facility if needed and said that the Tour de Pike will be on March 17th. Said he would like to see a community service brigade to clean up the roadsides. He suggested using community service but that it needs to go before the Court system so they can assign people to work in Pike County. It was brought up once before but scheduling was a problem then. He asked the CM look into this. CM Sawyer said that he would look into this.
Chairman Doug Mangham had no comment.
Update 3.10.12:
e. County Attorney Report to Commissioners:
Rob Morton gave an update on the Old Hollonville Fire House. Charles Connell deeded this property to the county to use as a fire station with the stipulation that it would be reverted back to him if it was no longer used as such. The commissioners inquired about reverting it back to the family in a prior meeting and Rob has followed up on this with the Executor of the estate and presented commissioners with the necessary document to do this. It will not require a public hearing but commissioners wanted it to be placed on the agenda that way. Commissioner Carol Bass asked that this be placed on the next agenda so commissioners would have time to review the document and the public would know about it.
7. UNFINISHED BUSINESS
8. NEW BUSINESS
a. Approval/denial of timber proposal (thinning) on County property at Public Works. County Manager will address.
212 acres of timber on Public Works land will be put out to bid with the commissioners choosing the low bidder. No numbers yet, but the end result is to isolate, protect from disease, and bring in some money for the county.
b. Appointment to the Pike County Family and Children Service Board to fill the unexpired term of Dr. Donna Haney, set to expire June 30, 2013.
There were three applications: Joy Walker, Jane Gaulding, and Fred Blackmon. Commissioner Tommy Powers made motion to appoint Fred Blackmon. Motion died for lack of a 2nd. Commissioner Don Collins made motion to appoint Joy Walker. 4-1 with Commissioner Powers opposed.
c. Appointments (three) to the Pike County Agribusiness Authority to succeed Dave Bentoski, Ken Gran and George Norris, for three-year terms expiring April 1, 2012 for new terms set to expire April 1, 2015.
Dave Bentoski, Ken Gran, and George Norris were the only applicants for these positions. Motion to reappoint all three. 5-0.
d. Approval/denial of Tax Refund/Relief Application of Ray Joel Byrom, Sr. in the amount of $210.68 (for years 2008, 2009 and 2010) due to billing at 100% for finished space that was unfinished and corrected in 2011. Tax Assessors’ Staff and County Manager recommends approval (appeal found for 2008).
Motion to approve. 5-0.
e. Approval/denial of Request to use Courthouse grounds for National Day of Prayer from Ben Maxedon of Prayer Power of Georgia, Inc., on May 3, 2012 from 10 am until 2 pm. County Manager will address.
Because of the renovation of the Courthouse, Prayer Power was asked to use the same space as last year. Ben Maxedon confirmed this. Approved 5-0.
f. PUBLIC HEARING: Receive public input on readoption of the Pike County Official Zoning Map.
Action: Approval/denial, on first reading, readoption of the Pike County Official Zoning Map. Planning
and Development Director David Allen will address.
October 2010 was the last adoption. This contains everything for 2011 and our maps will be up to date.
IN FAVOR: John Morrison thanked Planning and Zoning Director David Allen and his staff for all of their hard work. Recommended approval. No one spoke against. After the Public Hearing was closed, motion to approve. 5-0.
g. PUBLIC HEARING: Receive public input on ratification of Pike County Code of Ordinances in its
entirety, as amended.
Action: Approval/denial, on first reading, of Ordinance ratifying the Pike County Code of Ordinances in
its entirety, as amended. County Attorney Rob Morton will address.
County Attorney Rob Morton advised that the ordinances and resolutions have been available to the public for several weeks. The county is maintaining the updates and trying to update the Code of Ordinance on a yearly basis. This has been to the Planning Commission and they recommended approval. There is a different format for the Code Book so the Web Master for the county website can upload our ordinance without any additional cost.
h. PUBLIC HEARING: Receive public input on Text Amendment to the Pike County Code of Ordinances, Chapter 157, Development Impact Fee Ordinance, Sections 157.01 through 157.14.
IN FAVOR: John Morrison acknowledged the hard work of Director Allen and his staff and stressed the importance of this update. Said bringing this up to date is major progress and recommended approval. Public Hearing was closed and the commissioners had some discussion about minor issues in the code. The County Attorney advised that any errors can be corrected any time between now and the 2nd reading. Motion to approve the first reading. 5-0.
Update 3.2.12:
Action: Approval/denial, on first reading, of Text Amendment to the Pike County Code of Ordinances,
Chapter 157, Development Impact Fee Ordinance, Sections 157.01 through 157.14. Planning and
Development Director David Allen will address.
[Note from the Editor: This was a very long question and answer/discussion. I don't understand everything about Impact Fees but will relay what I heard in the meeting. I trust that I will get a phone call or email if I get any information incorrect on here.] David Allen, Director of Planning had been directed to look at some possible changes to our Impact Fee ordinance in a prior meeting. This was heard at the February 9, 2012 Planning Commission meeting. Staff recommendations and Planning Commission recommendations were clearly marked for the commissioners. Commissioner Carol Bass said that she understood that the Planning Commission had directed Mr. Allen to make the changes and bring the changes back to their board. County Attorney Rob Morton advised Mr. Allen to go ahead and bring this before the BOC tonight for a first reading so the BOC can make changes and those can also be seen by the Planning Commission in their March 8th meeting and they can make any other changes needed. March 14th will be the next BOC meeting and could be the 2nd reading and final review of this ordinance where commissioners can see all of the proposed changes made by the Planning Commission--if commissioners vote to ok this as the 1st reading.
Public hearing. None spoke in favor. Against: Jimmy Bass spoke against tonight's 1st reading because he said it was kind of starting a different kind of procedure when the Planning Commission had asked that it be brought back to them and it has not occurred yet. He said that this seems to be a rush to do something without normal procedure and cautioned against this because if it continued to happen, it would become normal operating procedure. He asked commissioners to put this on hold and let it go back before the Planning and Zoning Board and then come before the BOC.
Commissioner Carol Bass addressed what she saw was a problem with administrative appeals. She said that the BOC would set the Impact Fees and then anyone who had a problem with their Impact Fees would have to come back before them to appeal their Impact Fees instead of going to another body or to Superior Court. She said it doesn't seem fair to have it set up this way. County Attorney Rob Morton said that the BOC could set this up to go before another appeal body if they wanted to but because dealing with a fee, the BOC has the final say on it. He said that prior to this, the administrator could make a determination on this but the BOC didn't want the adminstrator to have the final say. Mr. Morton said that the final appeal would still have to come back before the BOC. Commissioner Tommy Powers said that he is not comfortable with two tries before the BOC either. Mr. Morton said that it could go before the Board of Appeals but the BOC would have to extend their authority on this. Commissioner Don Collins said that he thinks this is just adding to the ordinance and revising it because someone may appeal it is not necessary. He said that an appeal is not ordinary and that most people agree with the amount of Impact Fees. Said that he wants this to be simple. Commissioner Bass asked to bring this back before the Planning Commission and get their input on this. She wants anyone who uses the appeal process to have a fair process. Commissioner Jarrett asked if a waiver or reduction would come before the BOC. She was advised that this was the case with this revision. Mr. Allen advised that the BOC would be the administrator so they would make the final decision. Commissioner Powers said that he had a problem with Impact Fees on churches, clinics, and cemetaries. Commissioner Tommy Powers (with Commissioner Bass helping clarify the motion and giving her 2nd) made a motion to refer this ordinance back to the Planning Commission, have them review the appeal process, exemptions, and administrator sections and make changes, and then come back before the BOC. County Attorney Rob Morton clarified that only certain things can be amended without going back through the methodology process like the county paid Ross and Associates to do when this Impact Fee ordinance was passed to begin with. Commissioner Don Collins objected to slowing this down by sending it back to the Planning Commission without approving this as a 1st reading of the ordinance tonight. It was clarified that changes can be made between the 1st and 2nd readings. Motion passed 4-1 with Commissioner Collins opposed.
i. Discussion and approval/denial of a 75% discount on non-residential impact fees for a two-year period, per direction from the December 7, 2011 Board of Commissioners’ meeting. Planning and Development Director David Allen will address.
[Note from the Editor: John Morrison spoke before the meeting so this is not on the record, but I'm going to include it anyway because it's pertinent.] John said that, according to the Impact Fee Ordinance, in order to grant a reduction of benefits, development should benefit citizens extraordinarily over and above jobs and retail sales. The only benefits that he can see over and above that would be a hospital or school or a clinic but certainly no retail sales, etc. for 75% reduction with no reason. He said that he objects to that strenuously. He also pointed out that there is no incentive for a business to come here if this is already reduced. Back to what was said in the meeting itself.
Discussion that lowering fees might help bring in business. Cherokee County did this by assessing the regular fee and then giving a 90% discount after the application of the fee. Cherokee did this for about 2 years and then gradually brought the fee back up to the full amount. This would be the same type of reduction. Commissioner Carol Bass asked if there was a strategy to deal with reductions. The question was asked if the reduction would be offset by growth. Commissioner Bass pointed out that our ordinance demands that lost revenue from Impact Fees be picked up by the taxpayers. During this part of the discussion, a commissioner asked for the Planning and Zoning Director's opinion on this and was advised by Mr. Allen that he is neutral on it. When pressed for his personal opinon, he stated that personally, he feels that the national economy and the lack of infrastructure is the problem and not Impact Fees. Commissioner Tommy Powers made the motion to reduce Impact Fees. Motion died for lack of a 2nd. Motion to deny at this time was a 2-3 decision with Commissioners Don Collins and Carol Bass voting in favor, Commissioners Tommy Powers, Tamra Jarrett, and Doug Mangham voting against it. This can be revisited at another time.
j. Approval/denial of Resolution of Intent to Consider the Abandonment of an Unused Portion of Reeves Road. Planning and Development Director David Allen will address.
There will be a public hearing on closing this portion of the road on March 27th. A vote will be taken at that time on this matter. Notification will go to surrounding property owners and the school if a vote to move forward tonight. It will also be printed in the Pike Journal Reporter for two weeks before the upcoming meeting. Motion to move forward. 5-0.
Update 2.29.12:
k. County Manager to provide a general overview of his communication with the Parks and Recreation Authority to date with regard to the possibility of that organization becoming, in part or in entirety, a County department, providing specific information as to purpose, goal, plans for youth associations and Parks and Recreation personnel.
[Note from the Editor: I am in the process of requesting documents that CM Sawyer has given to the commissioners to show where there would be a cost savings to the county to move from a Recreation Authority with minimal staffing and much of the services at the Recreation Authority being done through volunteers with the oversight of the Recreation Authority and Associations for several sports to a county operated Recreation Department.]
The County Manager (CM) read a statement to the Commissioners and then entertained questions afterward. CM Sawyer advised that he was acting upon direction from the May 11, 2011 meeting and moving toward placing the Pike County Parks and Recreation Authority under the Board of Commissioners as a department. [From the May 11, 2011 write up: CM Sawyer wrote a letter to County Attorney Rob Morton on May 4, 2011 asking him "to immediately start proceedings to eliminate, by whatever process is necessary" both the Pike County Parks and Recreation Authority and the Pike County Water and Sewer Authority to place them both under the Board of Commissioners as county departments. Click here and scroll down to May 11, 2011 at the end of the meeting to find out how a letter had already been written by the County Manager on May 4, 2011 and carbon copied to State Senator Ronnie Chance, State Representative Billy Maddox, the Board of Commissioners, and the County Clerk before the matter came up at the Commission meeting and his action was approved--after the fact--in a 4-1 vote with Commissioner Tamra Jarrett dissenting... Note from the Editor: Read the note in blue and then understand that this has not gone before the General Assembly, but that the Recreation Authority can choose to go under the county's authority.] CM Sawyer advised that he and the County Attorney met with Parks and Rec several weeks ago to discuss several issues including the county making Parks and Rec a county department. Said that he has also had 2 or 3 meetings with different groups of people expressing their concern about the county taking over operations at the Rec Authority. "Those meetings were highly confidential in nature," he said. His conclusions from these meetings were: 1) to create a new Rec Department under the county as well as a Recreation Department Advisory Committee made up of current authority members and youth association members for a total of 7 board members 2) current staff of Parks and Rec will remain in place 3) All schedules set by the director of Parks and Rec along with the advisory committee 4) the county will assume operation of the department if approved by county ordinance--by this board--by July of 2012 5) the teams will continue to play in their respective leagues 6) all funds will go through the county...
Update 3.1.12:
Commissioner Tamra Jarrett asked what the actual cost advantage would be of bringing the Recreation Authority under the county. CM Sawyer answered by saying that this is where he got the most complaints from when he first came here. Says he has heard complaints about accountability, wants to reduce fees,says he is concerned that we provide limited services, and said, "I think we can have a better response if we make it county department in dealing with issues right then--more timely." Commissioner Jarrett said that she has talked with several of the associations, Mr. Teate, and others and said that from what she understood, we have pretty good participation even with the fees that we currently have. A concern was passed to her from the Soccer Association of how conditions would improve if the County Commission abolishes the Authority and takes over management. CM Sawyer said that he had just gone over several of those things and that, in theory, the Rec Authority agrees with him since they voted at the last meeting to assume operations of those associations. Commissioner Jarrett asked if there would be an increased need in staff which would cost the county more money to pay for personnel to which CM Sawyer replied, "Absolutely not" and then assured the Commission that there will be no more personnel at Rec or in the BOC office because it would be handling the financials. CM Sawyer advised that he and County Attorney Rob Morton are working on an ordinance to address these issues. He also advised that about 75% of the counties in the state are operated through the county with a Recreation advisory board. Though he advised that he has talked to Rec Director Kevin Teate and said that associations are an important part of recreation and that their help is needed like with scheduling and guidance and helping with the programs. Commissioner Jarrett then referenced the January Rec meeting and said that it was stated that more programs could be run under the county's plan. She asked if that would be with the same budget or an increased budget--especially when talking about lowering fees because they are too high. CM Sawyer says that we need to find a way to offer more programs and be more cost effective and be accountable because this is going through the BOC. Also said that this is set up so the Rec Authority can issue bonds and thinks that should be the Commissioners' job. He said that the Commissioners will have the opportunity to review the ordinance for 15 to 30 days when it is complete and that he will answer more questions as needed at that time. Commissioner Jarrett thanked him for the discussion before the commissioners and said that this is part of showing transparency to the citizens so they know what is going on and can have some input on it. [Note from the Editor: I appreciate this item being discussed. Perhaps I wouldn't be so apprehensive if it had been brought before the commissioners in December or January when whatever "highly confidential" talks were ongoing with the Rec Authority and whoever else. I hope that we are studying this as thoroughly as we did the combination of Probate and Magistrate Court which ended up not occurring after some extra work was done to check the numbers. It would be nice to see a plan and some numbers placed before the commissioners to know that this is the financially responsible to the citizens of the county. On a side note, it would also be nice to see our volunteers praised for their hard work.]
9. PUBLIC COMMENT- (Limited to 5 minutes per person)
10. EXECUTIVE SESSION: 7:53 p.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.
11. ADJOURNMENT
No decision was made in Executive Session. Motion to adjourn at 8:09 p.m.