HALL COUNTY BOARD OF COMMISSIONERS MEETING AGENDA July 12, 2012 – 6:00 p.m. Georgia Mountains Center 301 Main Street SW, Gainesville, GA
1. Call to Order:
Chairman Oliver called the meeting to order at 6:00 pm
In Attendance:
In attendance were Chairman Tom Oliver and Commissioners Craig Lutz, Billy Powell, Scott Gibbs and Ashley Bell.
Also in attendance were Administrator Randy Knighton, County Attorney William Blalock and Commission Clerk Melissa McCain.
2. Invocation:
Minister Adrian Niles gave the Invocation.
3. Pledge of Allegiance:
Commissioner Bell led the Pledge of Allegiance
4. Proclamations:
a. Recognize the Fire Services Marine Rescue Team and the Sheriff’s Dept Dive Team
Commissioner Powell read and presented a proclamation to the Fire Services Marine Rescue Team as well as the Sheriff’s Department Dive Team.
b. Recognize Parks and Recreation Week
Commissioner Bell read and presented a proclamation to the Parks and Leisure Department.
5. Public Comment – Agenda Items Only (2 minutes per speaker/10 minutes maximum)
Requested speakers were for Zoning Issues – they will speak at the time the item is discussed.
6. Consent Agenda:
a. June 12, 2012 Executive Session Meeting Minutes. b. June 28, 2012 Executive Session Meeting Minutes. c. June 28, 2012 Regular Meeting Minutes d. Work Request Authorization for Moreland Altobelli for SR 13/Atlanta Highway and Memorial Park Drive Intersection Improvement Project per the Master Services Agreement between Hall County and Moreland Altobelli, for a contract not to exceed $23,289 and authorize the chairman to execute any related documents. Page 1 of 9
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e. Work Request Authorization for ER Snell for the reconstruction of Bobcat Trail, with the contract amount not to exceed $50,000, and authorize Chairman to execute documents. f. Authorize the County Attorney to proceed with the collection of $10,000 Irrevocable Letter of Credit for Sidewalks in Rogers Bay Subdivision. g. Accept a $50,220 Irrevocable Letter of Credit for Streets and Cul-de-Sac in Marina Bay Phase 9 Subdivision. h. Accept a $74,000 Irrevocable Letter of Credit for the Streets, Storm water Management Facilities, and Sidewalks in Summer Creek Estates Subdivision. i. Award RFP 32-018 to the Mercer Group - Consultant Analysis Services for the Solid Waste Operation RFP/Q - Estimate to be provided and approved prior to work proceeding. j. Resolution - Secondary Metal Recyclers Registration fees
Chairman Oliver removed item “i” “Award RFP 32-018 to the Mercer Group - Consultant Analysis Services for the Solid Waste Operation RFP/Q - Estimate to be provided and approved prior to work proceeding” for further consideration.
There was a motion made to approve the Consent Agenda excluding item “i” as presented.
MOTION: Billy Powell SECOND: Scott Gibbs AYES: Craig Lutz, Billy Powell, Tom Oliver and Scott Gibbs NAYS: Ashley Bell Motion carried
There was a motion made to postpone item “i” “Award RFP 32-018 to the Mercer Group - Consultant Analysis Services for the Solid Waste Operation RFP/Q - Estimate to be provided and approved prior to work proceeding” until the August 9th, 2012 Board of Commissioners Meeting for further consideration.
MOTION: Craig Lutz SECOND: Billy Powell AYES: Craig Lutz, Billy Powell, Tom Oliver, Scott Gibbs and Ashley Bell NAYS: None Motion carried
7. Other Business:
a. Second Reading and Public Hearing to consider a resolution to include the Sardis Shores Subdivision area into the countywide taxing district for streetlights. Commission Dist. 2
Director Rearden reviewed the request.
Attorney Blalock opened the public hearing and asked for comments in favor of the application.
Gary Weller – 3309 Jean Marie Lane, Gainesville, Ga.
Mr. Weller approached the Commission and advised that he had requested that the lights be installed as there are many walkers that walk in the evening and there is no lighting in the neighborhood.
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Mr. Weller further advised that it is a safety issue for the residents that like to walk in the evening.
Attorney Blalock asked for comments in opposition of the application.
Todd Kreunen, 3329 Jean Marie Lane, Gainesville, Ga
Mr. Kreunen approached the Commission and requested that his name be removed from the petition that was signed in favor of the street lights.
Mr. Kreunen stated that he did not like the location of the lights and didn’t want the additional taxation on his property. Mr. Kreunen further stated that he felt the light poles were located in areas that lighted properties that were not pleasant to look at and that this could bring the property values down in the neighborhood.
Christopher Wolski – 3331 Jean Marie Lane, Gainesville, Ga.
Mr. Wolski stated that he felt the same way as the prior speaker and requested his name be removed from the petition to include the street lights in the neighborhood.
Mr. Wolski stated that he wasn’t against the concept but was against the location of the proposed lights.
It was noted that even with the two names removed the percentage was enough to move forward with the process for installing the lights. Initial percentage was 89% - with the two names removed the percentage was 85%.
There was a motion made to approve the resolution under the condition that the Public Works Director works with the neighbors and the electric company on the location of the poles.
MOTION: Billy Powell SECOND: Ashley Bell AYES: Craig Lutz, Billy Powell, Tom Oliver, Scott Gibbs and Ashley Bell NAYS: None Motion carried
b. Second Reading and Public Hearing to amend Section 200.20.004 Entitled “Commissioner Districts” of Chapter 200.20, Title 200 of the Official Code of Hall County, Georgia so as to delete said section 200.20.004 in its entirety and to substitute in lieu thereof a new Section 200.20.004 with the same name for the purpose of setting forth the four Commissioner districts that comprise the voting precincts located in Hall County, Georgia; to provide for an effective date for said resolution; to repeal conflicting ordinances and resolutions, and for other purposes. Commission District 1, 2, 3 &4
Attorney Blalock reviewed the resolution.
Attorney Blalock opened the public hearing and asked for public comments in favor of the resolution; there were none.
Attorney Blalock asked for public comments opposed to the resolution; there were none.
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There was a motion to approve the resolution setting forth the four Commissioner Districts that comprise the voting precincts located in Hall County, Georgia.
MOTION: Billy Powell SECOND: Ashley Bell AYES: Craig Lutz, Billy Powell, Tom Oliver, Scott Gibbs and Ashley Bell NAYS: None Motion carried
c. Public Hearing and approval of previously tabled, to a date specific, adoption of the Gainesville/Hall Economic Opportunity Gateways Urban Redevelopment Plan. Commission Districts 1, 2, 3 & 4.
Administrator Knighton reviewed the request.
Attorney Blalock opened the public hearing and asked for comments in favor of the plan; there were none.
Attorney Blalock asked for public comments in opposition of the plan; there were none.
There was a motion made to approve the adoption of the Gainesville/Hall Economic Opportunity Gateways Urban Redevelopment Plan.
MOTION: Ashley Bell SECOND: Billy Powell
Discussion:
Commissioner Bell inquired when the effects of this adoption would begin.
Administrator Knighton advised that this was the first step in the process to have these areas zoned as a special taxing district giving businesses relocating to these zones a tax credit.
Commissioner Powell advised that the tax credits amounted to $3,500 per employee for a period of five years.
AYES: Craig Lutz, Billy Powell, Tom Oliver, Scott Gibbs and Ashley Bell NAYS: None Motion carried
d. Public Hearing and Resolution to adopt the Capital Improvement Element/Short-Term Work Program Update in accordance with the Georgia Development Impact Fee Act and the Development Fee Compliance Requirements of the Georgia Department of Community Affairs Commission District 1, 2, 3 and 4
Planning Director Mark Lane reviewed the resolution.
Attorney Blalock opened the public hearing and asked for comments in favor of the resolution and submission; there were none.
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Attorney Blalock asked for public comments in opposition of the resolution and submission; there were none.
There was a motion made to approve the resolution and the Capital Improvement Element/Short- Term Work Program Update in accordance with the Georgia Development Impact Fee Act and the Development Fee Compliance Requirements of the Georgia Department of Community Affairs
MOTION: Scott Gibbs SECOND: Billy Powell AYES: Craig Lutz, Billy Powell, Tom Oliver, Scott Gibbs and Ashley Bell NAYS: None Motion carried
8. Public Hearing to consider applications to amend the Zoning Map of Hall County as follows:
Attorney Blalock opened the public hearing for zoning issues and reviewed the procedures for zoning hearings.
a. Consider Previously tabled application of Debra Hunsucker to rezone from PCFD to AR-IV; a Use Subject to County Commission approval; to vary the right side yard setback from 200 feet to 148 feet; and to vary the left side yard setback from 200 feet to 126 feet on a 6.45± acre tract located on the south side of Henson Road at its intersection with Fields Road; a.k.a. 5710 Fields Road and 5705 Henson Road; Tax Parcel 12044 000019. Proposed Use: Commercial kennel. Commission District 3
Planner Lane reviewed the application.
There was a motion made to bring this item off the table for consideration by the Board of Commissioners.
MOTION: Craig Lutz SECOND: Billy Powell AYES: Craig Lutz, Billy Powell, Tom Oliver, Scott Gibbs and Ashley Bell NAYS: None Motion carried
Attorney Blalock called for comments in favor of the application.
Chris Elrod, Attorney for applicant, 1730 Thompson Bridge Road, Gainesville, Ga
Mr. Elrod advised that the applicant was willing to make accommodations to address the neighbors’ concerns and stated that Ms. Hunsucker was willing to adhere to the following conditions:
1. Limit building to 18x18 with no more than five animal runs 2. Existing 10x21 building will contain no more than four dog runs 3. All exterior runs will be located between buildings 4. No dogs will be allowed in the play area between 9 am and 9 pm
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5. A maximum of fifteen adult dogs will be allowed 6. There will only be small and medium dogs, no dangerous dogs 7. A buffer of trees will be planted between the buildings and along property lines. 8. The applicant is also willing to indicate on the deed that any future owners would need to approach and apply to the Hall County Board of Commissioners for a conditional use permit if they wanted to continue to use the property as a commercial kennel.
Mr. Elrod further advised that he felt the request was consistent with the characteristic of the area and an agricultural zoning.
Mr. Elrod further noted that he would request the zoning change request be approved even if the conditional use for the kennel was denied.
Attorney Blalock asked for public comments in opposition of the application.
William Bagwell, Attorney for opposition, 405 Washington Street, Gainesville, Ga.
Mr. Bagwell approached the Commission and advised that there are two reasons that this application should be denied:
1. The six acres in question is located in a neighborhood and not just in a rural area. The property is simply not large enough for this type of use. 2. There are covenants on the property which indicates there is no commercial farming or commercial business allowed in the neighborhood. Residents purchased their homes trusting that these covenants would be strictly adhered to.
Mr. Bagwell also produced a copy of the zoning code where it specifically indicates no kennels are allowed within a certain distance.
Chris Gibbs – 5800 Henson Road, Gainesville, Ga.
**It was noted that Commissioner Scott Gibbs was not related to the speaker Chris Gibbs. **
Mr. Gibbs presented pictures to the Commissioners and placed a petition on the overhead projector of all those opposed to the kennel.
Mr. Gibbs stated that Ms. Hunsucker has already built the kennel facility as shown in the pictures he provided.
Further, Mr. Gibbs stated that this area is not fit for a commercial kennel and he requested the Commissioners deny the request.
Larry Green – 5923 Henson Road, Gainesville, Ga.
Mr. Green approached the Commission and stated that the Commissioners would not like it if a kennel moved in next to them and they should take that into consideration and understand how they (opposition) feels.
Mr. Green further stated that this kennel will bring the property values down.
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Lastly, Mr. Green advised that with fifteen adult dogs if they each had a little of puppies at the same time there could very well be over 100 dogs at the facility.
Maria Benz – 5629 Fields Road, Gainesville, Ga.
Ms. Benz approached the Commission and advised that a commercial kennel is not right for this neighborhood area. She stated she moved here from Germany and looked at over 38 properties and they settled on this one because it was a large lot in a quite area.
Rebuttal by Applicant
Ms. Hunsucker approached the Commission and advised that her husband passed away last year and she has two teenage daughters that will be going to college.
Ms. Hunsucker continued by stating that she needed to run the kennel so that she could support her family, pay her bills and send her children to college.
Further, Ms. Hunsucker stated that the area is characteristic of a kennel as there are many neighbors that have cows, chickens, goats and dogs and all these animals could be heard from her house and were loud.
Continuing, Ms. Hunsucker advised that there are other commercial businesses in the area as she has a neighbor that has a haircutting business out of her home as well as a neighbor that makes dog treats they sell so there is already commercial activity in the neighborhood.
Ms. Hunsucker stated that the covenants that were mentioned expire in February 2013 and that she has already installed a commercial septic system and has been more than willing to accommodate the neighbors.
Lastly Ms. Hunsucker stated that half the people in the audience in opposition of the kennel don’t even live in the neighborhood and she has doubts concerning the validity of the signatures on the petition.
Rebuttal by opposition
Mr. Bagwell approached the Commission and advised that Mr. Gibbs official witnessed each signature on the petition and could testify to the same.
Commissioner Lutz advised that there were a couple different issues:
1. Zoning 2. Variances
Commissioner Lutz advised that the property is not consistent with the zoning of Planned Commercial Farming District (PCFD) as the property size is only six acres.
The PCFD does depict strong odors; heavy farming noise etc and it should be understood that can be expected in that area with that zoning.
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There was a motion made to deny the application of Debra Hunsucker to rezone from PCFD to AR- IV; to vary the right side yard setback from 200 feet to 148 feet; and to vary the left side yard setback from 200 feet to 126 feet and authorize a conditional use of a commercial kennel at 5710 Fields Road and 5705 Henson Road.
MOTION: Scott Gibbs SECOND: Billy Powell
Discussion:
Chairman Oliver inquired if the property were rezoned to AR4 would the kennel be allowed automatically.
Administrator Knighton advised that the use “Commercial Kennel” was a conditional use and would need to be approved through the application process.
Commissioner Lutz advised that the six acre parcel was not zoned properly and that it should not be zoned PCFD.
AYES: Billy Powell, Tom Oliver, Scott Gibbs and Ashley Bell NAYS: Craig Lutz Motion carried
9. Report from County Administrator
Administrator Knighton advised that the county currently uses the Internal Revenue Services mileage rate for reimbursement to employees but currently is not using the IRS per-diem rates.
Administrator Knighton requested that the Commissioners consider authorizing the policy to be changed to allow for the use of the IRS per-diem rates.
There was a motion made to follow the IRS per-diem rates for staff reimbursement.
MOTION: Scott Gibbs SECOND: Billy Powell AYES: Craig Lutz, Billy Powell, Tom Oliver, Scott Gibbs and Ashley Bell NAYS: None Motion carried
Administrator Knighton recognized Human Resource Director Linda Pryor as Friday the 13th is her last day before her retirement.
Commissioner Powell had her come to the front of the room for introduction and congratulations.
10. Consider other business presented by members of the Commission
Chairman Oliver stated that Lake Lanier is one of our greatest assets. Hall County needs to ensure that we provide our residents and visitors on the lake with the same quality of public safety that they receive off the water.
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There was a motion made to establish a panel of Safety Professionals, Lake Stakeholders, Lake Lanier Islands, and the Department of Natural Resources as well as possible other individuals Further, it was requested that Commissioner Lutz and Chairman Oliver co-chair this panel with the intent to investigate what we can do to make Lake Lanier a safer place and ensure Lake Lanier is one of the best assets that we have.
MOTION: Tom Oliver SECOND: Ashley Bell AYES: Craig Lutz, Billy Powell, Tom Oliver, Scott Gibbs and Ashley Bell NAYS: None Motion carried
11. Adjourn
With no other business to come before the Hall County Board of Commissioners Chairman Oliver adjourned the meeting at 7:05 pm.
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