March 6, 2006

Work Session

 

The Stephens County Board of Commissioners held its monthly work session Monday, March 6, 2006 at 5:30 p.m. In attendance were Commissioners Steve Chitwood, Kenneth Peeples and Rex Anderson. Also in attendance were Darrell Hampton, County Administrator, and Phyllis Ayers, Finance Director. County Attorney Russell Smith was absent due to a death in his family.

 

Commissioner Chitwood called the meeting to order.

 

Commissioner Chitwood welcomed those in attendance.

 

Commissioner Chitwood noted that the Regular Meeting had been changed to 10:00 a.m. Tuesday, March 7th instead of the normal time of 5:30 p.m.. Mr. Chitwood went on to note that since that time there had been a death in  Commissioner Anderson and County Attorney Smith’s family and for that reason that meeting has been rescheduled to Friday, March 10th at 10:00 a.m..

 

The first item of Old Business was to consider a request from Elliott Caudell for the property located near Fernside Drive. Mr. Hampton noted that you have a letter of explanation from Mr. Caudell concerning this property. Mr. Hampton further stated that this letter does not provide you anything to make a decision on. Commissioner Chitwood inquired as to the number of houses on the property. Mr. Alan Smith advised two or three. Mr. Hampton noted that we have not received a plat for this project. Commissioner Chitwood stated that half of the property in question is not included in the letter. Mr. Smith then noted that he was not sure as to the actual number of units, that there were four buildings. County Administrator Hampton reinforced that the letter in question does not meet the requirements of existing County ordinances. Commissioner Chitwood noted that the letter does not identify the property, just what is in the area. Mr. Smith then inquired if the Commission was planning on talking about the other plat sent in by Mr. Caudell.  Mr. Smith went on to report that the plat submittal for Fieldcrest subdivision was not meeting the items requested, it has been returned. Mr. Smith has further advised that once these items are addressed it would be a form to present to the Commissioners.  Mr. Hampton advised that this had been done by letter. Commissioner Anderson advised that until the revised information is received there is no need to place this item on the agenda.

 

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 gave an overview of how Verizon Wireless is currently located in Stephens County and what it needed. He presented maps of current sites and two proposed sites, Turner Road and Union Hill. Mr. Kirk presented a letter addressing the safety of the towers. Mr. Kirk further noted that the failed tower in question was a guyed tower, noting that the freestanding towers are designed to bend and not break. Mr. Kirk then presented a letter noting that the proposed tower met all of the conditions of the County ordinances with the exception of setbacks; he then stated that the usage of cell towers was important for citizen’s safety. Mr. Kirk stated that when approved for a tower location it has been the practice of Verizon to provide local government access to these towers, formally extending that offer. Commissioner Chitwood asked the distance to the closest structure, using a handout Mr. Kirk noted that it was 194 feet. He further noted that in the rare event of a failure eighty feet would be all of the area needed. Mr. Kirk spoke to the significant gap in coverage without the Union Hill site; presenting an engineering letter providing specific information regarding the tower. Mr. Kirk then discussed the evaluation of the site owned by the Development Authority. He noted that could provide service; from a construction site it was poorly suited. He noted that there were limitations to the site due to historic resource considerations. Commissioner Anderson noted that he was familiar with the site and the historic structures; he then asked about storm water run off for the site. Mr. Kirk noted that the steep topography of the site would call for the location of the tower on the lower portion of the site, but that storm water would hamper the site construction.

 

Commissioner Peeples asked if the utility companies had any comments on the Union Hill site; Mr. Kirk noted that the site is served by Georgia Power and they have provided no comments. Mr. Kirk went on to note that Georgia Power knows this industry and the safety requirements it operates under. Commissioner Peeples asked Ms. Diana Holland were they aware of the site. Ms. Holland noted that there was a sight inspection with Georgia Power and they were aware of site conditions.

 

Selection of a firm for the design and construction of a new jail was the next item of business. Commissioner Chitwood asked for any questions or comments. Commissioner Anderson noted that in discussions with the two finalists that either of the two would do a good job but that his preference was Peter Brown Construction. Commissioner Chitwood made reference to the recent site visit to the Jefferson County Jail in Louisville. Commissioner Anderson referenced the site visit as well and commented on how pleased the Sheriff was with the jail. Mr. Anderson went on to note that Peter Brown and the Architects have invested some time with the County on a design and site choices. Mr. Chitwood noted that we asked jail employees about the facility and we never got a negative comment. Commissioner Peeples commented that the facility was impressive.

 

The last item of old business was the subdivision adjacent to Bend’n Hickory Road. Mr. Hampton noted that the County Attorney had developed some options, but due to a death in his family was not in attendance. Mr. Alan Smith noted that he had been in conversation with the property owner and their representative who had planned to be in attendance, but were not. Mr. Smith went on to note that the County Attorney had suggested that an injunction be imposed to stop any future sale of this property. Mr. Anderson noted that we need to hear from the Attorney before we made any decisions.

 

The first item of business was a request for annexation; County Administrator Hampton noted that the request was for a single piece of property on Rose Lane associated with the development of Imperial Place. Staff has evaluated the request and has no reason not to approve the requested annexation. In regards to annexation Commissioner Anderson noted that there is a lot of interest in the subject of annexation. ACCG has generated a lot of information. Commissioner Chitwood agreed, noting that we need to stay current on this subject.

 

Approval of the Local Assistance Road Paving Program for 2006 was the next item on the agenda. Mr. Hampton noted that this was overdue at the Gainesville DOT office, requesting the Commission take action on this item. Based upon information presented Commissioner Peeples made a motion to approve the LARP list and authorize the Chairman to sign; the motion was seconded by Commissioner Anderson and unanimously approved.

 

The next item on the agenda was a consideration of an application from Compass Technology Service for the location of a cellular telephone tower near Tower Road [sic Hwy 328] on property owned by Fieldale[sic City of Martin]. Mr. Kirk noted that the letter and attached information were essentially the same as that presented on Tower Road. It does not need to meet the ordinance set back requirements, but the proposed tower does fall within an acceptable safety zone. Commissioner Chitwood asked if this site impacted any historic properties. Mayor Don Foster noted that it did not. Mr. Kirk noted that the site provides additional room for expansion. Commission Peeples noted that there is a house 250 feet from the site, inquiring if it was occupied. Mr. Kirk noted that it appeared to be. Mr. Foster noted that the property is owned by the Bohannon’s as rental property. Mayor Foster further noted that the Town of Martin had recently installed a new well on this site with no concerns expressed. Commissioner Chitwood noted that a document signed by the

 

The next item of business was Mr. Tom Barnes regarding an E-911 addressing question. Mr. Barnes was not present; Mr. Hampton noted that he had been advised of the change in meeting dates and times.

Mrs. Ozie Cobb has a similar request regarding the E-911 addressing process. Mrs. Cobb was not present; Mr. Hampton noted that she had been advised of the change in meeting dates and times.

 

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. Mr. Hampton noted that it has been the Commission’s standard practice to make refunds for the most immediate three years and this request is beyond that. Chief Assessor Sue Anderson noted this request was started in 1999; the property owner took the information home to have then signed and misplaced them. Ms. Anderson further noted that she had talked with the County Attorney about this and he noted that the statute of limitations has ended.

 

The next item on the agenda was a group of land owners from Lake Harbor Shores. Ms. Doris Snyder, a representative of the group provided the Commission with a map showing in red those roads that the County has taken over. Ms. Snyder noted that Lake Harbor Shores was developed in the early 1907’s and that there are approximately ninety-three families that live in the development. She noted that the roads were in poor shape and that any assistance the County could provide in accepting these roads would be a big help. Ms. Snyder noted that there is a hodge podge of mobile homes, cabins and other homes; that children have to walk down to a County maintained road to catch the bus for school. Commissioner Anderson asked if the development had water. Ms. Snyder noted that there was county water on the roads shown in red; that there was a private water system on the roads shown in green. The Homeowners Association collects a $25.00 annual fee per homeowner which generates approximately $20,000 annually, which is to provide maintenance for everything. It was noted that these lots are eighty feet by one hundred and sixty feet and that most people own more than one lot. Commissioner Peeples asked how much right of way there was. Ms. Snyder noted that there was a seventy foot easement. Ms. Snyder noted that the property owners had been before Judge Struble regarding the current restrictive covenants. Mr. Alan Smith noted that at one time Commission Chair Brenda Chapman had approved the acceptance of some of these roads; if they met certain requirements, but we could not get sixty foot of right of way on some roads. Based upon discussion there is some confusion among the homeowners as to what is needed for the County to accept these roads. Mr. Hampton noted that we have conflicting documents that we need to let the County Attorney view these documents and provide an opinion. Commissioner Chitwood asked if there had been any objections on giving right-of-way deeds. Mrs. Snyder noted there was not. Another representative discussed the previous process used to get the right-of-way deeds signed. She further noted that these had been given to someone within her group, but that they did not know their location. Mr. Alan Smith noted that he had copies of a lot of the deeds. Mr. Peeples asked if this was a gated community. Ms. Snyder noted that it was not. A citizen asked if there would be a requirement from the landowners if the County accepted these roads. Both Commissioners Anderson and Chitwood said not that they were aware of. Commissioner Anderson noted that this is a prime example of what happens when developers come in and make it look so good and then years down the road the taxpayers end up with a problem to address. Mr. Anderson noted that if the County were to decide to accept these roads that addressing the water system needs is a separate matter.

 

The next item for discussion was the purchase of a radio system for the Emergency Medical Service. Mr. Hampton noted that this was to upgrade the radio system for the ambulances and the EMS locations. Emergency Management Director Joe Anderson noted that the EMS has never had its own radio frequency and that their equipment was not acquired in a consistent manner. Mr. Anderson noted that when E-911 was being considered it was proposed that the needs of EMS be addressed as part of this project. Commissioner Chitwood asked if this was part of the original budget. Mr. Hampton noted that this is part of providing the E-911 service and there is money in the budget to provide for this. EMA Director Anderson noted that E-911 works off of everyone else’s radio frequencies. Commissioner Chitwood asked about how we might use the proposed cell towers. Mr. Chitwood further noted that there should be a specific time line for the completion of this project and the next item on the agenda.

 

The approval of voter sites in the unincorporated area was the next item on the agenda. Mr. Hampton noted that the County does not have adequate system. That there are places in the County where public safety personnel cannot talk using a hand held radio, that the placement of these sites would provide the ability for them to do so. Commissioner Anderson noted that if we do not have the equipment to do it with, there is no need to have E-911.

 

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 noted that the work that Ms. Crocker is doing now should have been done by Flagship a year ago and he feels that we should look at recovering monies paid from Flagship. Commissioner Peeples noted that he did not disagree, that even though we are near the end, the County paid the additional fees related to this work.

 

Mr. Hampton noted that it was time again to begin preparing a budget for the next fiscal year as part of that the Commission needed to appoint a budget officer.

 

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.

 

Commissioner Peeples noted that the Woodman of the World would like to make a flag dedication at the Historic Courthouse, that the existing flags were aged and needed to be replaced. Commissioner Peeples proposed that this ceremony be held Friday, March 17th at 10:00 a.m. on the grounds of the Historic Courthouse.

 

Chairman Chitwood asked if there were any other items to come before the Commission. EMA Director Anderson noted that the County’s Hazard Mitigation Plan has been completed and approved by GEMA and that it needs to be adopted by the County Commission so it can be submitted to FEMA. This item is to be placed on the March 10th Regular Meeting agenda.

 

They’re being no other business to come before the Commissioner the meeting was adjourned at 7:20 p.m.

 

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                                                                                                                                                  Steve Chitwood, Chairman

 

 

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Darrell Hampton, Administrator