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Tuesday, July 28, 2020 – 6:30 p.m.
Courthouse, Main Courtroom, 16001 Barnesville Street, Zebulon, Georgia
Social Distancing will be enforced.
www.pikecoga.com/novusagenda has an online agenda and accompanying information for this meeting. Monthly information from Animal Control, Coroner, Fire Department, Grady, Library, Magistrate Court, McIntosh Trail CSB, Planning & Development, Registrar, Superior - Juvenile Court, Tax Assessor, and the Water Authority are included as well during the morning meeting only.
All five commissioners are present along with Interim County Manager (CM) Brandon Rogers, County Clerk Angela Blount, and County Attorney Rob Morton.
1. CALL TO ORDER .................................................................................... Chairman J. Briar Johnson
2. INVOCATION…………………………………………………………………………….…Bart Brock
3. PLEDGE OF ALLEGIANCE ................................................................... Chairman J. Briar Johnson
4. APPROVAL OF THE AGENDA - (O.C.G A. § 50-14-1 (e) (1))
5. APPROVAL OF THE MINUTES - (O.C.G.A. § 50-14-1(e) (2))
a. Minutes of the July 8, 2020, Regular Monthly Meeting.
6. INVITED GUEST - 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 August. Revenue/Expenditure Statement and Detail Check Register is included.
b. County Manager Report
Update on County finances for the following funds/accounts:
General Fund ........................................................................................ …$2,362,393.29
Fire Dept. Donations ........................................................................................ $6,069.42
BOC – Jury Account………………………………………………………………$0.00
Cash Reserve Account ........................................................................ ….....$107,571.05
Pike County CD Special Revenue funds………………………………………….$0.00
Jail Fund ........................................................................................................ $31,104.34
E-911 Fund ...................................................................................................... $8,668.28
DATE Fund ................................................................................................... $54,157.71
Juvenile Court Fund ....................................................................................... $11,260.72
Residential Impact Fee ................................................................................ $714,913.45
Commercial Impact Fees ............................................................................... $89,841.69
C.A.I.P FUND ............................................................................................. $177,062.57
General Obligation SPLOST Tax Bond Sinking Fund, 2016 ................. ..$1,357,036.36
L.M.IG. Grant (DOT)………………………………….…………………..$261,119.65
c. County Manager Comment
Finishing up the year end for last year and reconciling for the year.
The update on the property appeals is about 620 or so appeals. There were around 70 last year. This is going to take some time to go through. It will affect our mileage rate. When the appeals are completed, we will be able to put our digest together.
There was a reference to internships and volunteer work for the county. We don’t have a policy on this. He would like to work with commissioners to make an official policy. There is a company who has asked about working at the library with people who have been injured on the job so they can volunteer their time to the county and continue to be employed by their employer for the volunteer work that they do here in the county.
d. Commissioner Reports
Commissioner Daniel said that we sent out an RFP for our annual audit and then rescinded this last year. Right now, we do not have an audit contract. County Attorney Rob Morton said that there were some issues with the RFP last year. The current provider said that they did not receive notification about the RFP so this was rescinded. It was a 3-0 vote on July 10, 2019 to allow the current provider to continue with this being put out for bid in the spring. The audit was finalized in May of this year, but there has been no further effort to put this out to bid. We have to have our current audit in by December 31. There is no current contract for the fiscal year that ended June 30. Commissioner Jason Proctor asked if we can make a motion to send out an RFP? Commissioner Proctor made the motion and Tim Daniel seconded. Approved 5-0.
Commissioner Tim Guy said that a constituent called him and complained about fireworks being set off on a regular basis several times a week. He’s called the Sheriff’s Office about it, but there is no noise ordinance. Brandon said that the Sheriff called him today and has spoken with Fayette County. He said that they have dealt with this in the past and said it would be helpful to come up with a way to deal with this.
Commissioner Jason Proctor asked about a break for seniors for the school tax. He then asked for a Firetower Road closure follow up. Pitts Road speed limit. He said that Firetower Road closure would be a benefit for those there because we are not maintaining it. The speed limit on most of the dirt roads are 35 mph. He spoke with Public Works Director Todd Goolsby about it and asked about dropping it to 25 mph. County Attorney Rob Morton suggested making a motion on this because of state law involving speed limits on our roads. Motion to lower the speed limit from 35 to 25 mph on Pitts Road. Approved 5-0.
Commissioner James Jenkins said that he would like to see the county RFP on all contracts. He then asked where we stand on Impact Fees. Interim CM Rogers said that he has all the info on this and provided a timeline. Brandon and Planning and Zoning Director Brad Vaughan spoke today and Brad is currently waiting on figures on the road plan so we can input this into the Impact Fees. The road plan is to show the future so that when Paragon looks at this, they know how to divide the amounts to the different departments. This could possibly change the roads to more than 1%. There is a category for roads with Impact Fees.
Chairman Briar Johnson said that our LOST and SPLOST have been up for some time. He’s been trying to spend as much money as he can in the county. Our LOST is up over $10,000 and SPLOST is up over $13,000 from last year. He said that he encourages people to buy local.
e. County Attorney Report to Commissioners
County Attorney Rob Morton said that they have been busy. Impact Fee Phase 1 status after the last meeting: We sent an email to get an update. You approved Phase 1 to look at the current categories including the Sheriff’s Office, Jail, Fire, E911, Roads, Parks, Library, Administration, and CIE prep. These percentages are from 2006. They are working on the distribution between the categories. Roads is definitely one of the categories. After the census is completed, we may include categories that were not included in 2006. We have a roads plan through 2032. The former county manager advised that he was changing the roads plan and that may be where the misinformation came from. We are looking at percentages of allocations.
Firetower Road. We researched this. There was no action taken to actually close this road. There has to be a survey or a sketch of the section that we want to close in order to close a road according to state law.
More Interim County Manager Report
Brandon said that he does realize that roads are a major concern and something that we are going to focus on. He and Todd Goolsby are going to compile a list of roads issues. He’ll be contacting commissioners to get a list of concerns from them. He hasn’t seen the 2032 road plan so he is going to look for that. He wants to have a roads workshop in the early fall.
Liquor license audit from the GBI this month. The audit went well, but there was an item of note. There is a class that commissioners need to take concerning criminal background checks if everyone wants the privilege to know why we are denying an alcohol license. Everyone needs to take this annual 45 minute class every September. You have 60 days to take this test after someone comes into office. If you want to be a part of this, you will have to do this every single year until you don’t run for office anymore. This is an in or out decision. If commissioners decide not to be a part of this, it won’t be a mark against us. Chairman Johnson asked if this has been the case all along and we didn't know about it, and he was told yes.
Impact Fees from James Jenkins. What about water and sewer? We can add this if we want to in Phase 2. Animal Control too.
8. UNFINISHED BUSINESS - None
9. NEW BUSINESS
a. Approve/Deny J.Joel Edwards Public Library Board two appointees to continue their term through the end of the year in an effort to transition from the old term to the new term dates.
From the CM Notes to the Commissioners: "The Library board voted to change their bylaws in order to allow the extension of the two appointees to follow our term dates. Appointees are Anthony Vinson and Curtis Ward."
The Library ratified their bylaws to coincide with our schedule and would extend two positions from July to December. Motion. Approved 5-0.
b. Discussion of the Policy for the Appointments to Boards and Authorities.
From the CM Notes to Commissioners: "Current policy states the CM can interview applicants along with a rep from the related board/authority. I would recommend not changing the policy."
Commissioner Jenkins asked to be more of a part of interviews when it comes to appointing board and authority members. Interim CM Brandon Rogers advised, that as of right now, the policy states that the county manager does this along with a member of the specific board of authority. He thinks that it will be more of a problem with trying to set up interviews and including commissioners. The interviews take place before the meetings and the meetings and he will let them know immediately. He said that commissioners have the last say so anyway so my recommendation is not anything that you have to take. James said that he thinks that commissioners should have the opportunity to attend these meetings and be involved if they choose to.
If this is something that commissioners want him to do, Brandon asked commissioners to let him know. Discussion included avoiding a quorum. Briar said that he is ok with either way. Briar said that they didn’t always get the information in a timely manner before Brandon was in office.
Rob said that this would require a policy change and a vote. If you want to do this, you need to give direction for a policy so it can be drafted and brought before commissioners for a vote. Rob read the actual policy. This class about criminal background checks will be required on this if commissioners are going to attend this. This could be changed to say commissioner rather than commission if the commissioners would like to attend. Brandon said that he will advise commissioners about the interview dates from here on out. The commissioners said that this will be fine and they will make sure that there will be no more than two at a meeting.
c. Approve/Deny purchase of Lifsey Springs Road culvert.
From the CM Notes to the Commissioners: "My recommendation is to use Cherokee for 16,481.90."
There are 3 bids in the packet. This culvert is on Lifsey Springs Road. Cherokee Culvert is where we get our culverts. Todd Goolsby got some additional quotes. We have done business with Southeast Culvert in the past and had some disappointments in the past as far as the gauge of the steel. Brandon asked them not to consider Southeastern. Contech and Cherokee are very similar so they would be a new vendor but believes that we will get a quality product. Contech Engineered Solutions LLC $14,052 and Cherokee $16,481.90.
He recommends Cherokee even though it’s higher because we are going to have to cut the asphalt and redo this. We do not want to do multiple sections. We know what we will get from Cherokee with no bands. This is important because the bands appear to be what failed in this collapse. Motion to go with Cherokee. Approved 5-0.
d. Approve/Deny Public Defender’s Office contract for FY 2020-2021.
From the CM Notes to Commissioners: "This is an annual contract."
Motion to approve. Approved 5-0.
e. Open sealed bids for review for the Concord Road Culvert.
3 bids opened in the meeting.
Turner Brothers LLC - $225,790
McLeroy Inc. - $137,700
Helix Group Inc. - $124,564.50
He and Director of Public Works Todd Goolsby will review these and bring back a recommendation at the next meeting. Motion to receive. Approved 5-0.
f. Approve/Deny acceptance of the Hazard Mitigation Grant for 4 fixed generators for Pike County Fire Stations; Lifsey Springs, Gresham Road, Williamson and Hollonville.
From the CM Notes to Commissioners: "This Grant was applied for back in May of 2018. We have been awarded the Grant and need a vote to accept. I recommend we accept the grant. The cost to the county is 16,642 which some can be paid in kind."
This was applied for in 2018, and we had thought it had been denied and didn’t do anything else with it. GEMA followed up with us and we are looking at 4 generators. Cost was $16,642 in 2018 so it may change a little and some of this portion will be in kind services to help minimize money spent. These are industrial use generators like whole home generators. Briar asked about our current generators and whether someone starts them up on a regular basis. We do maintenance on the current generators, but no one starts them every week. These new generators run a self test every week. Tim thanked GEMA for the donation and made a motion to approval.
Discussion: Where does this money come from? We were not expecting this grant and will have to search for money to cover whatever in kind donation that we don’t provide. Approved 5-0.
g. Approve/Deny SUB-20-03 – Bradford S. Gregg, owner and Steve Reeves, applicant, are requesting concurrent preliminary and final plat approval for a 7-lot major subdivision. The subject property is currently zoned A-R. Property Location: 6282 GA Hwy 362, Williamson, GA 30292. Land Lot: 170. District: 1st. Parcel ID: 025-016A. Acreage: 20.03 acres. Commission District: District 4th. Commissioner District: James Jenkins. FEMA Data: Does not lie within a flood zone. The proposed name of the subdivision is “Ruby Shoals”.
This is 7 lot major subdivision. This should have been on the agenda before COVID. There has been one revision. It was originally a 5 lot subdivision. There were some issues with driveway access. Planning Commission has approved this. This is a preliminary and final plat. There will be no interior designs or streets. Homes will be 1800 square feet minimum. We recommend final approval as well. Only one driveway off of 362. Most are off Scott Road. Briar asked about roof pitches and mobile, manufactured, etc. homes. These could be permitted but there are requirements that will have to be met in order to be compliant with our code. You can’t just bring in an old mobile home and put it up on blocks. There are some modular and mobile homes that meet the roof pitch requirements and ICC codes. Steve Reeves said that the owner is a homebuilder and he understands that the owner is going to build stick-built homes. Briar just wanted the commissioners to be aware that this could happen. Whitehorse requires that there are no modular or mobile homes. The cost of land pretty much prevents mobile homes. Motion to approve preliminary and final plat. Approved 5-0.
h. Approve/Deny SUB-20-05 – Daniel H. Durham, owner and Shane Turner/Steve Reeves, applicants, are requesting concurrent preliminary and final plat approval for a 7-lot major subdivision. The subject property is zoned A-R. Property Location: 3465 Hollonville Road, Williamson, GA 30292. Land Lot: 216. District: 1st. Parcel ID: 039-009. Acreage: 30.08 acres. Commission District: District 1st. Commissioner District: Timmy Daniel. FEMA Data: Does not lie within a flood zone. The proposed name of the subdivision is “Durham Farms”.
Similar situation with 7 lots. 1-5 will probably be off the paved road with the other two off of the dirt road. No interior roads. They are also asking for the preliminary and final ok at the same time on this one as well. Motion to approve. Approved 5-0.
i. Approve/Deny SUB-20-06 – Dustin Anthony, owner and Steve Reeves, applicant, are requesting a second spilt from a parent tract of land within a 3-year period. Property Location: 15354 GA Hwy 109, Meansville, GA 30256. Land Lots: 104 & 105. District: 8th. Parcel ID: 094-010C. Acreage: 20.0 acres. Commission District: District 3rd. Commissioner District: Jason Proctor. FEMA Data: Does not lie within a flood zone.
In the subdivision ordinance, this is required to come back before the commissioners. Both times were landlocked lots and will give an additional buffer to his property. Staff recommends approval as well as the Planning Commission. Rob said that Mr. Reeves is not a part of the process. Jason suggests reviewing this policy and made a motion to approve. Approved 5-0.
10. PUBLIC COMMENT
a. Randall Moss to address the Board regarding Constitution of 1776 (for) the people adopted; ratified 1778 and Constitution of 1871 (of) the people.
Randall has spoken before. He talked about the history of the Constitution in Georgia. One is a Constitution contract between the people and the government as well as the Constitution between the state and federal.
His daughter’s case went to an out of county appeal. She asked for a court appointed defender. He did too. Both were denied. The public defender’s office denied it. They asked for a new trial. He won a land case that he says was trying to keep him from being a part of the case. He began to name names and asked why Rob Morton was still the county lawyer. Briar said that he would interrupt Randall if he named names with personal attacks. He continued and voiced his frustration that he has made criminal allegations and nothing has been done. He was also frustrated that part of his time was taken up with Briar's interruption. Briar interrupted him at the end of his 5 minutes.
b. Carl Swenson to address the Board regarding Juries.
Carl is doing a documentary on this and said that they could help Randall by seeing this went before a grand jury. He said that this is a criminal matter that needs to go before a seated grand jury. This should be a decision made by the grand jury. He said that Randall has been without his granddaughter for 8 years now. What has gone on here has been unreasonable. He is asking to be able to make a presentation before a grand jury. It’s not a civil matter; it’s a criminal matter. This has happened all over the state, and people are being denied their children. Some are legitimate and some are not. This is one of the ones that was not. He said that all Randall is asking for is time before a grand jury.
Briar said that our policy says that if the board would like to extend Randall's time, they could. He addressed Randall and said that if he can do it without attacking anyone, would that be agreeable? Randall said that he could do this. Briar asked if the board has anything to do with the Grand Jury. The answer was no. Motion to give him an additional minute. Approved 5-0.
Randall said that he was allowed a selected jury 6 years later, but the bottom line is that he has the evidence needed for a case. He has had 4 heart surgeries and he is running out of time. He thanked them for the extra time.
11. EXECUTIVE SESSION
a. Chairman J. Briar Johnson requests Executive Session for 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(b)(2), germane to the County Manager position and Personnel.
b. Interim County Manager Brandon Rogers requests consultation 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 ambulance contract.
Executive Session. 7:54 p.m.
Back in Session. 9:11 p.m.
Commissioner Jason Proctor made motion for finalist for Brandon Rogers to be named as county manager. Rob clarified that the announcement is that Brandon is named as the only finalist and that the county will be waiting for 14 days before announcing the new county manager. Approved 5-0.
James Jenkins motion to RFP the ambulance contract. Approved 5-0.
Motion to adjourn 9:13 p.m.
12. ADJOURNMENT
Agenda subject to revision.
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