March 10, 2006

Regular Meeting

The Stephens County Board of Commissioners held its monthly meeting Friday, March 10, 2006 at 10:00 a.m. In attendance were Commissioners Steve Chitwood, Kenneth Peeples and Rex Anderson. Also in attendance were Darrell Hampton, County Administrator, Phyllis Ayers, Finance Director, County Attorney’s Russell Smith and Brian Ranck.

Commissioner Chitwood called the meeting to order.

Commissioner Chitwood welcomed those in attendance.

Mr. Phillip Teasley brought the Invocation and led those in attendance in the Pledge of Allegiance.

Commissioner Peeples made a motion to approve the Agenda; the motion was seconded by Commissioner Anderson and unanimously approved.

Commissioner Peeples made a motion to approve the minutes of the meeting minutes as presented; the motion was seconded by Commissioner Anderson and unanimously approved.

The first item of Old Business was to consider a request from Elliott Caudell for the property located near Fernside Drive. Mr. Caudell discussed the problems with the Fernside Drive project and the condominiums he had previously done. Mr. Caudell noted that he has a problem getting a plat recorded, that he had forwarded a letter to the Commission addressing this item. Mr. Caudell further noted that the covenances for this association have been developed and drives will be private. He noted that it was ridiculous not to be able to record a plat for this project, which he has spent $500,000 on. County Attorney Smith asked was Mr. Caudell requesting a variance. Commissioner Chitwood asked if Mr. Caudell was asking for a variance on the total acreage. Mr. Caudell responded he was. Commissioner Chitwood then noted that the letter he forwarded was not clear on what he was asking for. Mr. Caudell commented that he was going to build as the market demands. When you don’t have any zoning you don’t have any direction. The best thing would have been for me to annex into the City and take off. County Attorney Smith noted that this project is completed and it does not comply with county ordinances, which were put into place in 1996. Mr. Smith further noted that since Mr. Caudell’s condominiums are popular developments that we look at amending our existing ordinances to address condominiums instead of granting a variance. Mr. Caudell noted that they are not condominiums; they are townhouses which fall under the townhouse development law of Georgia. Commissioner Chitwood noted that we should follow the advice of our attorney. City Commissioner Andrew Pavliscak noted that if the County does not have proper County ordinances you are creating improper growth because such properties annex into the City and then the City has to address these problems. Commissioner Chitwood asked if Mr. Pavliscak had looked at the density. Mr. Pavliscak noted he had not, but that was not currently within his control. Commissioner Chitwood asked Mr. Caudell what he was asking a variance for. Mr. Chitwood further asked if his current project would meet City codes. Commissioner Anderson asked how many houses do you plan on building currently and in the near future. Mr. Caudell noted that it depends on the lay of the land and the market, noting that not more than twenty-five units. Commissioner Anderson noted that if we issued a variance for this particular project and then get the ordinance amended for this type of development, what would be the impact. Commissioner Chitwood asked if Mr. Caudell was asking for a variance to build. County Attorney Smith suggested that a variance be issued for those houses already constructed. Mr. Peeples noted that according to your request that thirty-six months from now the County would be responsible for maintaining these streets, noting the location of this comment in the letter. Commissioner Peeples further commented that we have a group before us today that is in a similar condition; collecting $25.00 annually, they are asking us to take over their roads. Noting that he is concerned that with the possibility that the County may end up with maintaining these roads. County Attorney Smith noted that we have an ordinance in place that you don’t have to ask for a variance, not after it is done, but before.

Commissioner Anderson made a motion to approve the current development and to amend the existing ordinance to provide for condominiums. Commissioner Peeples asked Commissioner Anderson to amend his motion so that this letter is not brought before again. Attorney Smith noted that there is no guarantee, could be addressing in the drafting. Based upon this information Commissioner Peeples seconded the motion with reservations; the motion passed unanimously.

The second item of old business was to consider an application for a cellular telephone tower located on Turner Road. Mr. David Kirk with Troutman and Sanders, representing Compass Technologies noted that a goodly amount of time had been spent at the work session addressing this application and that he and Ms. Holland were present to address any questions the Commission might have. Commissioner Chitwood noted that the County needed a statement from the property owner closest to this site that they had no objection to the tower. Mr. Kirk noted that it was in the affidavit provided to Mr. Hampton. Based upon the information provided Commissioner Peeples made a motion to approve a variance for the location of a cellular telephone tower on Turner Road; the motion was seconded by Commissioner Anderson which was unanimously approved.

Selection of a firm for the design and construction of a new jail was the next item of business. Mr. Hampton noted that the Commission has been through a selection process that has narrowed the field to two teams. Commissioner Chitwood asked Sheriff Sorrells if would like to make any comments on this matter. Sheriff Sorrells noted that he did not, that he would work within whatever decision the Commission made. Commissioner Peeples made a motion to select the team of Peter Brown Construction/Clemens, Rutherford Architects; the motion was seconded by Commissioner Anderson which was unanimously approved.

The last item of old business was the subdivision adjacent to Bend’n Hickory Road. Mr. Alan Smith noted that he has not heard from the developer since the last meeting. Mr. Smith noted that he had spoken with the secretary for the developer and that they were working on a solution for the property. Based upon the information presented Commissioner Anderson made a motion to remove this item from the agenda, the motion was seconded by Commissioner Peeples and unanimously approved.

The first item of business was a request for annexation; County Administrator Hampton noted that the developer had come before the Commission in 2005 requesting your support for housing tax credits for this project. Staff has reviewed the request and recommends approval of the annexation. Based upon the information presented Commissioner Peeples made a motion to approve the annexation; the motion was seconded by Commissioner Anderson and unanimously approved.

Adoption of the County’s Hazard Mitigation Plan was the next item of business. Commissioner Chitwood noted that staff of the Emergency Management Agency presented the plan earlier this week. Deputy Director Becky Wall noted that the plan is a requirement of the State of Georgia, but was not prepared for that reason only. That the committee looked through fifty years of hazards and the committee came up with recommendations to mitigate these hazards. Ms. Wall noted that they did not look solely at natural hazards, but considered possible acts of terrorism as well. Based upon information presented Commissioner Peeples made a motion to adopt the plan; the motion was seconded by Commissioner Anderson and unanimously approved. A citizen asked if the Commission had read the plan they had just approved; all three Commissioners noted that they had.

The next item on the agenda was a consideration of an application from Compass Technology Service for the location of a cellular telephone tower on Poplar Spring Road on property owned by the Town of Martin. Mr. Kirk again noted that a goodly amount of time had been spent at the work session addressing this application and that he and Ms. Holland were present to address any questions the Commission might have.

Commissioner Peeples asked if there were any objections by the utility company or the neighbors. Mr. Kirk noted that there were not. Based upon the information provided Commissioner Peeples made a motion to approve a variance for the location of a cellular telephone tower on Poplar Springs Road; the motion was seconded by Commissioner Anderson which was unanimously approved. Mr. Kirk thanked the Commission and staff for the assistance in working through the application and approval process.

The next item of business was Mr. Tom Barnes regarding an E-911 addressing question. Mr. Barnes noted that his request concerned 205 Alewine Drive. Mr. Barnes noted that the property was developed as a home with two apartments on the lower level. His concern was addressing this as three apartments would impact the marketable value of the property that he is asking that it be treated as a single house. Mr. Hampton asked how long his driveway was. Mr. Barnes noted that it was over two hundred feet, so it could be treated as a private drive. Mr. Hampton noted that because it would meet the private drive standard the property could provide a separate address for the house and each apartment. That from an E-911 standpoint it was important to know that it is more that one structure. Commissioner Chitwood asked is this property in the City. Mr. Barnes noted that it was. Mr. Hampton noted that provide for Mr. Barnes request this would need to be coordinated with the City of Toccoa. Based upon this information Commissioner Peeples made a motion for staff to work with the City to address this request; the motion was seconded by Commissioner Anderson which was unanimously approved.

A request to speak with the Commission regarding the E-911 addressing process had been made by Mrs. Ozie Cobb. Mrs. Cobb was not present. Based upon the information presented Commissioner Peeples made a motion to remove this item from the agenda, the motion was seconded by Commissioner Anderson and unanimously approved.

Consideration of a request from Troy Lee, Jr. and Marjorie Bowen for the refund of a tax overpayment for the year 1997, 1998, and 1999 was the next item on the agenda. County Attorney Smith noted that this is a tax refund based upon a basement being finished, which was not. The former Chief Tax Assessor went back three years and approved the refund, and then the documents were not submitted but misplaced at the residence. Mr. Smith recommended that the Commission not approve something this old. Mr. Hampton noted that Hudgins Furniture asked for something greater than three years and it has been the Commission’s practice to make refunds for the most immediate three years. Based upon the information presented Commissioner Peeples made a motion to deny this request, the motion was seconded by Commissioner Anderson and unanimously approved.

The next item on the agenda was a group of landowners from Lake Harbor Shores requesting the Commission to consider accepting certain roads. Ms. Doris Snyder, a representative of the group noted that she would not go over the information presented at the work session. She explained in 1993 that residents bought from a developer and pay $25.00 annually so that our roads would be maintained. There are children and elderly in the development, improving the road would help them and open the area for development. Ms. Snyder noted that since the work session we have talked with our representative about assistance with this project. Commissioner Anderson noted that you tell us that you have fifty feet in the roadway and seventy feet of roadbed. Mr. Alan Smith noted that he had reviewed existing records and the County took the roads we maintain in 1996. Mrs. Wilson noted now that we have new development in South Carolina, there will be more people looking for homes. Currently there are ninety-three residents on roads not maintained by the County. Mrs. Wilson noted that we are willing to assist and get any right-of-way deeds or anything else you need. Commissioner Chitwood noted that the County needs to look at these roads and evaluate the costs. Commissioner Anderson asked if the property owners would have a problem with giving an additional ten feet of right-of-way. Commissioner Chitwood agreed with Commissioner Peeples that we need to look at the costs of this and we may need your help on the right-of-way. Commissioner Anderson noted that another item to take into consideration is the location of the water lines. Commissioner Chitwood asked did they know the location of these lines. Ms. Snyder noted that they did not. Based upon the information presented Commissioner Peeples made a motion that staff make an in depth investigation of this request inviting the DOT to participate as well, the motion was seconded by Commissioner Anderson and unanimously approved.

The next item for discussion was the purchase of a radio system for the Emergency Medical Service. EMA Director Anderson discussed the need for this equipment and the need of the EMS for a separate radio frequency. Based upon the information presented Commissioner Anderson made a motion to award this bid to Gunby Communications; the motion was seconded by Commissioner Peeples and unanimously approved.

The approval of voter sites in the unincorporated area was the next item on the agenda. Mr. Hampton presented the request noted the need to eliminate dead spots in the unincorporated area. Commissioner Anderson noted that the cell towers that were approved this morning offered to place these repeaters on their towers. Based upon the information presented Commissioner Peeples made a motion to award this bid to Gunby Communications; the motion was seconded by Commissioner Anderson and unanimously approved.

Next on the agenda was an update on the E-911 addressing and mapping effort. Mr. Hampton noted that we still anticipate having the information collection done by the end of this month so it can be turned over to the telephone companies. Commissioner Chitwood discussed a letter from Emergency Communications Director Paige Crocker that this work should be completed last year. County Attorney Smith noted that he and the Administrator and Finance Director met earlier today and that Ms. Crocker needs to quantify for us the loss to the County. The costs that we have incurred will help me determine how to proceed. Mr. Smith noted that we may want to seek reimbursement. Based upon the information presented Commissioner Peeples made a motion to direct staff to look at damages both monetary and punitive; the motion was seconded by Commissioner Anderson and unanimously approved.

Appointment of the County Administrator as Budget Officer for the preparation of the proposed Fiscal Year 2007 budget was the next item of business. Commissioner Peeples made a motion to appoint the County Administrator as Budget Officer for Fiscal Year 2007; the motion was seconded by Commissioner Anderson and unanimously approved.

The next item for discussion was approval of a budget calendar for Fiscal Year 2007. Mr. Hampton noted that the proposed time line would complete the budget within the state requirement. Based upon the information presented Commissioner Peeples made a motion to approve the budget calendar; the motion was seconded by Commissioner Anderson and unanimously approved.

Commissioner Peeples requested that the Commission hold a flag dedication ceremony to be held Friday, March 17^th at 10:00 a.m. on the grounds of the Historic Courthouse. The Woodman of the World will be providing new flags for the Courthouse. Commissioner Anderson made a motion to hold a flag dedication ceremony Friday, March 17^th at 10:00 a.m.; the motion was seconded by Commissioner Peeples and unanimously approved.

Chairman Chitwood asked if there were any other items to come before the Commission. Jimmy Cason provided the Commission with a letter for the record regarding the need to provide sanitary sewer along the Highway 17 By-Pass. Commissioner Chitwood noted that this is one of the recommendations of the sewer committee. Mr. Hampton noted that the County will request a time line as part of the contracts for the two communication contracts awarded today.

He also noted that Hayley has asked that her Uncle, who has been diagnosed with cancer, be included in our prayers. Mr. Hampton noted that his sister-in-law in Missouri has had complications from surgery and that you include her in your prayers as well.

County Attorney Smith noted that the Commission needed to go into Executive Session concerning potential litigation and personnel. The Commission went into Executive Session at 11:30 a.m.; the Commission came out of Executive Session at 12:59 p.m., no formal action was taken.

They’re being no other business to come before the Commissioner the meeting was adjourned at 1:00 p.m.

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Steve Chitwood, Chairman

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Darrell Hampton, Administrator