Meeting 10-9-12 by gegouzhen12

VIEWS: 0 PAGES: 6

									                                            MINUTES

                                     REGULAR MEETING
                                             &
                                      PUBLIC HEARING

                                       OCTOBER 9, 2012
                                          5:00 P.M.

                    STEPHENS COUNTY BOARD OF COMMISSIONERS
                             HISTORICAL COURTHOUSE

PRESENT FOR MEETING: Chairman Dean Scarborough, Commissioners Stanley London; J.B.
Hudgins; Harold Andrews; and Jonesy Haygood; County Clerk Beth Rider; and County Attorney Brian
Ranck

Chairman Scarborough called the Public Hearing to order at approximately 5:02 p.m. and opened it to
the public for comment.
Tim Hale came before the board asking for clarification and wanted to know if the county nuisance
ordinance was in addition to the Georgia Code. Attorney Brian Ranck stated it was in addition to the
code; state law governs every county in the State of Georgia, this is law for Stephens County. This
supplements and adds on to and adopts some of the provisions of state law. Brian stated the
commissioners were trying to strengthen the existing codes. Chairman Scarborough stated there are
always weaknesses when you go to Magistrate or Superior Court, you find out how to strengthen the
ordinances. Tim stated under page 1 under Applicable Code, Item 1 provided by state law does not read
right, and asked if this was County Law. Brian stated this is bringing state law into the code to enact into
our county ordinance.
Tim stated under definitions the word abandon begs for a definition, I can see what you want to do could
be hindered without a definition for abandon. On page two under dwellings, buildings, and structure;
where it starts ‘the terms dwellings, buildings, etc., a dwelling for people would not have the same code
on farm as a subdivision; your setting yourself up for unequal treatment. Brian stated at the beginning of
the statement is states occupied for human habitation or business purpose. State law prohibits county
from enforcing nuisance code against farming operations.
Tim stated on page three under ‘nuisance means’ third to last line ‘reasonable man’ is politically
incorrect. On page four under ‘rubbish’, useless waste is a double negative; just waste would do. Section
34-73 you should lift “whether on occupied lands, public or private property and put in as a modifier. It
should read “the following, whether on occupied lands public or private property, are herby declared to
be and constitute a public nuisance. Under item 1, State Department of Human Resources agency no
longer exists; it is now the Department of Human Services. On page four, item 5, line 2 ‘abandoned
materials, take out abandoned. Items 8, third line from bottom, remove the word abandoned. Item 9,
foreign material needs a definition. Tim thanked the Commissioners for allowing him the chance to
bring these to their attention and for tackling this.
Denman McFarlin – discussed the nuisance ordinance on dust and odor. Mr. McFarlin stated there is
dust and odor when he spreads chicken litter, and the smell does not last long. He commented on the
section regarding unregistered vehicles, stating he uses vehicles on his farm without tags and has non-
functioning vehicles for parts. Mr. McFarlin stated the biggest nuisance was Brookhaven Road; our
county roads that has trash on them. Chairman Scarborough stated the dust and odor was an existing part
of the ordinance and well understood that chicken houses will produce smells and dust, but that it is not
a continued nuisance.
Sheila Pink – Mrs. Pink discussed having specific laws for county, agricultural and subdivisions.
                                                                                                          Pg. 2
                                                                                         Commissioners Meeting
                                                                                               October 9, 2012

Frank Whittle – Mr. Whittle stated he was glad to see this; it is a step in the right direction.
George Dean – Mr. Dean asked what is this for; to raise money to do something or talk about it.
Commissioner London stated penalties are up to $1,000 or six months in prison, we are revamping what
we previously had and trying to make it stronger so it will hold up in court.
Mark Luckett – Mr. Luckett stated we need this in the county, we need to distinguish residential and
agricultural. Agriculture has enough property where eye sores cannot be seen, subdivisions have
neighbors on top of each other and there is a lot of neglected property. You need to give the marshal the
ability to get these out of the county and clean this place up.
Leonard Sheriff – Mr. Sheriff stated the three most desirable places for a home is overlooking expanse
of water where they don’t have to pay taxes on it or maintain it; a golf course where you have a beautiful
view and you don’t have to pay taxes on it or maintain it; or overlooking someone’s farm or timberland,
they can enjoy the wildlife, they don’t have to maintain it or pay taxes. Mr. Sheriff stated he was allergic
to a neighbor or outsider or anyone building close to his property and having the privilege of enjoying it
and confines him of fertilizing his pasture. He stated there would be times when he fertilized his pasture
there would be dust and if the litter got wet it would have an odor. He stated the most urgent situation is
road trash, elected officials should take responsibility to see roads are cleared up; Until we can take care
of public roads, you should not think about controlling private land. Mr. Sheriff stated be very cautious
of imposing restrictions that would handicap production of food and open spaces. Chairman
Scarborough stated to clarify, just because you have a piece of machinery doesn’t mean it is a nuisance,
it has to be bothering someone.

After no further comments, Commissioner Scarborough closed the public hearing at 5:46 p.m.

Chairman Scarborough called the second public hearing to order at 5:46 p.m., stating that reducing the
voter precincts to one will save the county money and primarily with the institution of early voting
peoples voter habits have changed tremendously. Early voting has allowed people to vote at their
leisure. Half and half voted early and we have people sitting in precincts around the county for hours
and see very little voters. Chairman Scarborough opened the hearing for other comments.
Leonard Sheriff stated he is in the Wolf Pit precinct and ask for extreme caution; it would have a
serious impact on people who vote.
Theresa Kelley stated one election we had 535 total people to vote, eight precincts were open, Georgia
law requires a minimum of three people at each precinct, you are looking at $300-$400 per precinct.
Theresa stated she has four people at one precinct in case someone gets sick; we are still in compliance
with the law. The last presidential election in 2008 we voted over 10,000 voters, we have 15,000
registered, 7,000 did early voting. We are going to still have early voting at the government building,
absentee ballots if you don’t want to get out; you are not going to vote unless you want to.
Sheila Pink stated it is not a hardship on anyone if you are out grocery shopping or downtown. I would
like to see us put the money in a general fund and tear down some of the dilapidated buildings, they are
an eyesore. Let’s take our money and use it wisely.
Michele Grafton stated, we are working in conjunction with the Senior Center to provide a van for
anyone that needs a ride to vote at the center.
After no further comments, Chairman Scarborough closed the second public hearing at 5:53 p.m.

Chairman Scarborough asked Mr. Teasley to lead us in our invocation and pledge during the work
session.

Chairman Scarborough called the regular meeting to order at approximately 6:42 p.m. and welcomed
those present.
                                                                                                              Pg. 3
                                                                                             Commissioners Meeting
                                                                                                   October 9, 2012


          I.     APPROVE AGENDA

          A motion was made by Commissioner London, seconded by Commissioner Andrews to approve the
          agenda with an addition to add item #14. Motion carried unanimously.

          II.    APPROVE MINUTES

                1.     September 25, 2012 – Public Hearing & Regular Meeting

          A motion was made by Commissioner London, seconded by Commissioner Hudgins to approve
          minutes as presented. Motion carried unanimously.

          III. OLD BUSINESS

1.      MOTION FOR BOARD TO APPROVE NUISANCE ORDINANCE AND AUTHORIZE COUNTY
        CLERK TO SEND TO MUNICODE FOR CODIFICATION

     A motion was made by Commissioner Haygood, seconded by Commissioner Andrews to approve nuisance
     ordinance and authorize county clerk to send to Municode for codification. Motion carried unanimously.

     A motion was made by Commissioner Haygood, seconded by Commissioner London to instruct staff to
     continue to revise and improve the nuisance ordinance. Motion carried unanimously.

          IV. NEW BUSINESS

1. TONI CHILDRESS TO PRESENT UPDATED COMMUNITY PROFILE REPORT

     Ms. Childress updated the board and citizens on the Community Profile and presented her report to the
     Commissioners which is included as part of the minutes. No motion needed.

2. BOARD TO CONSIDER MOTION TO APPROVE OR DENY REQUEST FROM MAX SPARKS TO
   REFUND PENALTIES AND INTEREST

     A motion was made by Commissioner London, seconded by Commissioner Hudgins to approve refund
     request of penalties and interest for Max Sparks for one year. Motion carried unanimously.

3. BOARD TO CONSIDER MOTION TO AUTHORIZE CHAIRMAN TO SIGN STATE OF GEORGIA
   LOCAL OPTION SALES TAX DISTRIBUTION CERTIFICATE IN ACCORDANCE WITH THE
   FOLLOWING PERCENTAGES: CITY OF TOCCOA 35.26%, CITY OF MARTIN 1.23%, AND
   COUNTY OF STEPHENS 63.51%

     A motion was made by Commissioner Haygood, seconded by Commissioner Hudgins to authorize
     Chairman to sign LOST tax distribution certificate. Motion carried unanimously.

4. BOARD TO CONSIDER MOTION TO APPOINT BARRY ROBERTS TO THE STEPHENS COUNTY
   DEVELOPMENT AUTHORITY BOARD

     A motion was made by Commissioner Haygood, seconded by Commissioner Hudgins to appoint Barry
     Roberts to the Stephens County Development Authority Board to fill the unexpired term of Cam Parker.
     Motion carried unanimously.

     Commissioner Haygood thanked Cam Parker for his service.
                                                                                                          Pg. 4
                                                                                         Commissioners Meeting
                                                                                               October 9, 2012

5. BOARD TO CONSIDER MOTION TO APPROVE BUDGET AMENDMENT FOR THE BUILDING
   INSPECTION DEPARTMENT AND AUTHORIZE CHAIRMAN TO SIGN RESOLUTION

  A motion was made by Commissioner London, seconded by Commissioner Haygood to approve budget
  amendments and authorize Chairman to sign resolution. Motion carried unanimously.

6. BOARD TO CONSIDER MOTION TO RE-APPOINT PUBLIC SECTOR MEMBER TO THE GEORGIA
   MOUNTAIN REGIONAL COMMISSION (L.J. HARRISON)

  A motion was made by Commissioner Hudgins, seconded by Commissioner London to re-appoint L.J.
  Harrison to the Georgia Mountain Regional Commission as the Public Sector Member. Motion carried
  unanimously.

7. BOARD TO CONSIDER MOTION TO AUTHORIZE CHAIRMAN TO SIGN MEMORANDUM OF
   UNDERSTANDING BETWEEN THE GEORGIA DEPARTMENT OF TRANSPORTATION AND
   STEPHENS COUNTY CONCERNING THE RAILROAD CROSSING SAFETY IMPROVEMENTS
   CR122/SUMMIT RIDGE ROAD @ NORFOLK SOUTHERN RAILROAD

  A motion was made by Commissioner Haygood, seconded by Commissioner London to authorize Chairman
  to sign Memorandum of Understanding. Motion carried unanimously.

8. BOARD TO CONSIDER MOTION TO APPROVE BUDGETED PURCHASE REQUISITION TO
   JOHNNY MURRAY FOR CONTROL SYSTEM AC IN THE AMOUNT OF $5,000.00 OUT OF
   CAPITAL PROJECTS FUND FOR DFACS

  A motion was made by Commissioner London, seconded by Commissioner Andrews to approve requisition
  to Johnny Murray in the amount of $5,000.00 out of Capital Projects fund for a control system AC at
  DFACS. Motion carried unanimously.

9. BOARD TO CONSIDER MOTION TO APPROVE BUDGETED PURCHASE REQUISITION TO
   JOHNNY MURRAY FOR 4 TON WATER COOLED HEAT PUMP IN THE AMOUNT OF $4,980.00
   OUT OF CAPITAL PROJECTS FUND FOR DFACS

  A motion was made by Commissioner Hudgins, seconded by Commissioner Haygood to approve requisition
  to Johnny Murray in the amount of $4,980.00 from Capital Projects fund for a 4 ton water cooled heat pump
  for DFACS. Motion carried unanimously.

10. BOARD TO CONSIDER MOTION TO APPROVE BUDGETED PURCHASE REQUISITION TO
    SWINEHARTS FOR A CHEETAH LAWNMOWER IN THE AMOUNT OF $8,990.00 OUT OF
    CAPITAL PROJECTS FUND FOR THE RECREATION DEPARTMENT

  A motion was made by Commissioner Hudgins, seconded by Commissioner Haygood to approve requisition
  to Swineharts for a Cheetah lawnmower in the amount of $8,990.00 from Capital Projects fund for the
  Recreation Department. Motion carried unanimously.

11. BOARD TO CONSIDER MOTION TO APPROVE FY2013 DRUG COURT BUDGET

  A motion was made by Commissioner London, seconded by Commissioner Andrews to approve the
  FY2013 Budget for Drug Court. Motion carried unanimously.
                                                                                                          Pg. 5
                                                                                         Commissioners Meeting
                                                                                               October 9, 2012

12. BOARD TO CONSIDER MOTION TO APPROVE FY2012 BUDGET AMENDMENTS AND
    AUTHORIZE CHAIRMAN TO SIGN BUDGET RESOLUTION

  A motion was made by Commissioner Andrews, seconded by Commissioner Hudgins to approve FY 2012
  budget amendments and authorize Chairman to sign resolution. Motion carried unanimously.

13. BOARD TO CONSIDER MOTION TO APPROVE OR DENY VARIANCE REQUEST FOR JOHN
    THOMAS

  A motion was made by Commissioner Hudgins, seconded by Commissioner Andrews to deny the variance
  request for John Thomas. Motion carried unanimously.

14. BOARD TO CONSIDER MOTION TO ADOPT RESOLUTION RECOGNIZING RETIRED
    EDUCATORS AND OBSERVE RETIRED EDUCATORS DAY AND AUTHORIZE CHAIRMAN TO
    SIGN RESOLUTION

  Chairman Scarborough read and presented a resolution to Jimmy Howard proclaiming, November 4, 2012
  as Retired Educators Day. A motion was made by Commissioner Haygood, seconded by Commissioner
  Hudgins to adopt resolution recognizing Retired Educators. Motion carried unanimously.

  V. INVOICES OVER $5000

       1. ACREE OIL - $10,719.07

  A motion was made by Commissioner London, seconded by Commissioner Andrews to pay the invoice.
  Motion carried unanimously.

       VI. MATTERS FROM DEPARTMENTS

       1. ADMINISTRATOR REPORT/FINANCE REPORT
          No Reports

       2. DEPARTMENT REPORT

       3. COMMISSIONERS REPORT

    VII. MATTERS FROM CITIZENS – TIME LIMIT OF THREE (3) MINUTES

       1. Faye Bennett, lives at Trestle Ridge Road. Ms. Bennett stated that she would like a leash law
          in the county. She has several dogs that come into her yard and chew her things.

       2. Angie Finnegan

    VIII. EXECUTIVE SESSION –

    IX.   ADJOURNMENT

     Attorney Brian Ranck gave an update on Wilbros. Wilbros moved to have the Civil Case transferred to
     Federal Court in Gainesville; Judge Story issued an order and remanded the case back to Superior Court
     in Stephens County. We were successful in having that case transfer back to Stephens County.
                                                                                                    Pg. 6
                                                                                   Commissioners Meeting
                                                                                         October 9, 2012

      A motion was made by Commissioner Hudgins, seconded by Commissioner London to adjourn the
      regular meeting at 7:17 p.m. Motion carried unanimously


   Approved this ______ day of ____________, 2012

                                                                  _____________________________
                                                                  Dean Scarborough, Chairman
Attest:
__________________________
Beth Rider, County Clerk

								
To top