Commission Votes 2-2 on Attorney, Other Issues

Only four County Commissioners were present for the June regular meeting, held Monday at the Courthouse, which resulted in several tie votes for the group.

Commission Chairman Jack Bernard and Commissioner Greg Johnson were unified on several points which Commissioners Charles Hill and Carl Pennamon saw differently. Commissioner Bob Yarbrough was ill, according to Mr. Bernard.

The one item on the agenda possibly uppermost in importance was the selection of a county attorney. John Nix with the firm of Nix, Bowman and Zoeckler has tendered his resignation, effective on meeting day Monday.

At the last work session, May 15, commissioners agreed that there was no need to interview the three candidates for county attorney, and they would select one from the proposals submitted. Commissioner Pennamon was not at that meeting, and Commissioner Hill expressed a desire to interview the candidates.

When the commissioners reached that agenda item Monday, Commissioner Greg Johnson said he had reviewed all three proposals and thought the firm of Sell and Melton of Macon would be the best for the job. Kevin Brown would be the primary representative for Jasper County. After some hesitation, Mr. Bernard seconded the motion. With little discussion, commissioners voted 2-2 on the motion.

So, before moving on, Mr. Pennamon recommended the firm of Fears, Lawrence & Turner. That vote went 2-2. Francis Cason, from the back of the room, suggested they try the other one; that vote also went 2-2. Commissioner Hill suggested that the commission bring all the candidates in and interview them in a special session. He said, let’s vote on having a special session. Mr. Bernard replied, “special sessions are called by the chairman.”

(Editor’s Note: A special meeting has been called for next Monday, June 12, at 6 p.m. to resolve the issues that the four stalemated on Monday.)

Mr. Nix agreed to stay on until the county can make a selection.

Then the commission heard a brief presentation from Chris Anderson about an impact fee study that has been proposed. The board had asked Mr. Anderson to look into the options on impact fees and report back.

The commission learned at their work session that there is one man in the state well versed in the subject, and his proposal for a study for Jasper County would cost the county about $48,000. Until the study is done, it is not known how much money might be generated or where it could be used.

The law is very specific on impact fees, and their use must be clearly specified.
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Mr. Pennamon asked Mr. Anderson if he thought the county needed impact fees. Mr. Anderson replied he could not say. Mr. Bernard explained that the BOC (Board of Commissioners) directed Mr. Anderson to seek this information on impact fees. Mr. Bernard said that Cherokee County has had much success with impact fees.

Before Jasper County could implement them, there would have to be a study, and the county would have to come up with a capital improvement plan. The county would have to submit an additional element to the comprehensive plan.

Commissioner Pennamon said, “we approved a budget based on department needs.” Then, we shifted money to contingency, anticipating a shortfall, he said. Now you’re talking about taking that money to do a study. “If it’s needed, I think it is something that is needed to be included in the 2007 budget. The board cut departmental budgets,” he continued. “We have more important issues.”

Commissioner Johnson suggested that the item be tabled until somewhere down the road, “we’re not going to decide today.” Let’s table to a work session and talk about it more.

Mr. Pennamon said “you want to table issues until certain people, such as the missing commissioner, are there to vote for it. He said as a board we need to set priorities.” He made a motion to withdraw discussion of impact fees until it could be included in the budget. The motion failed, 2-2.
After being assured the transportation issue was resolved, the commissioners agreed unanimously to contract for another year for a prison detail.

There was some discussion about whether that detail could help at the Animal Control shelter. The county has seen, and turned down, several proposals for increased staffing for animal control. The commissioners asked County Manager Greg Williams to look into the possibility of the prison detail handling much of the maintenance at the center.


Mrs. Mary Patrick made a presentation to the commission about a recent request from AT&T for a refund of taxes paid. The commission learned at its last work session that the county may have to repay some $300,000 to AT&T. That money would come from the school and the county. Mrs. Patrick thought it sounded extreme, and so she began researching the facts.

She presented the commissioners with a handout outlining the value of AT&T properties, taxes owed and taxed paid, based on her calculations. She also presented a copy of the state law that says there is a three year statue of limitations for property tax claims. She says Jasper County does not owe AT&T a refund because AT&T did not file a timely claim. In addition, her figures differ from the claims made by AT&T. The county attorney is to look over it, and answer AT&T.

Zoning
Commissioners approved two rezoning requests, including one for a new subdivision, and had the “first reading” of an ordinance that will prohibit manufactured housing in all residential -zoned areas of the county. Mr. Anderson said he anticipates a representative of the manufactured home industry to be at the next County Commission meeting to present objections to the text amendment.

In the rezonings, Linda Weathersby plans to develop 142 acres she owns at the intersection of Hwy. 212 east and Hwy. 380 into a subdivision. There will be 61 lots, each about 2.2 acres. Homes will be sold in the $160,000 to $200,000 range, said Ms. Weathersby’s representative.

Mr. Bernard said he could not support the rezoning, because it is not in keeping with the rural nature of the county. The other three commissioners voted in favor of the rezoning.

Ricky Haizlip wanted to rezone a tract of land he has that is 3.57 acres from agricultural to rural residential so he could build a home on it. Mr. Anderson said it was in keeping with the future land use map, and the zoning commission recommended approval. The commission approved the application.

Commissioners agreed, with a dissenting vote by Commissioner Hill, to change the July meeting dates to the second and fourth Mondays, rather than the usual first and third. The first Monday is July 3, and the county is taking that as its floating holiday this year. And there are five Mondays in July, so the meetings will still fall two weeks apart, explained Mr. Williams.

In other action at Monday’s meeting, commissioners:

•Agreed to sign a letter of support for the Jasper County Water & Sewer Authority in its efforts to connect with Butts County. The vote to sign a letter of intent to enter negotiations to purchase water from Snapping Shoals Water Treatment Facility, a project of General Electric and Thomas Brothers Hydro, was a 2-2 stalemate.

•Agreed to postpone approving the minutes from the May meetings until questions raised could be researched, and the minutes changed to reflect those concerns.

•Agreed to sign a letter to appeal results of the Department of Audits Sales Ratio study.

•Voted unanimously to reappoint Thurman Willis, Jr. to the Development Authority of Jasper County.

•Agreed to sign agreements with Association County Commissioners of Georgia concerning group health plans.

•Approved the Indigent Defense Service contract.

•Signed a contract with Traylor Business Services for a personal property verification review. In addition to conducting the review, TBS will train Jasper personnel to evaluate businesses so records can be kept up to date.

•Voted unanimously to reappoint Angie Willis to the Department of Family & Children Services Board.