12/2/2014 BOC Regular Session Minutes
GORDON COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING MINUTES
DECEMBER 2, 2014
The Gordon County Board of Commissioners held their Regular Meeting on Tuesday, December 2, 2014, at 6:00 p.m. in the conference room of the Administration Building.
Chairman Hood called the meeting to order.
Commissioner Gazaway read the list of employees with anniversary hire dates in December. Commissioner Sexton drew the name of Sally Johnston with the Tax Commissioners office as Employee of the Month
APPROVAL OF MINUTES
Chairman Hood asked if there were any additions, omissions, or deletions to the Minutes for the Work Session November 18, 2014, and the Regular Meeting November 18, 2014. Commissioner Sexton made a motion to approve the minutes. Commissioner Cunningham seconded the motion and all voted aye. Minutes approved.
Commissioner Cunningham commented that he attended the Farm City kickoff; Commissioner Sexton attended the CCEO meeting, the Farm City Kickoff, and the Homebuilders meeting; Commissioner Gazaway attended the General Administration Committee meeting; and Commissioner Steward attended the Planning and Development workshop.
Commissioner Gazaway made a motion to go into the public hearings for the Application for Malt Beverage and Wine License and for the Variance Appeal. Commissioner Sexton seconded the motion and all voted aye.
NEW APPLICATION FOR MALT BEVERAGE LICENSE FOR SNR GROCERIES
Attorney Ledbetter advised that this is a new application for a malt beverage license for SNR Groceries. No one has signed up to speak for this public hearing. This is an application from Mr. Rasheed R. Virani with Sony Enterprises for a malt beverage license at 1133 S. Wall Street. This matter has come before the Gordon County Commissioners before, the location previously had a license that was revoked by the County Commissioners. The matter came back before the Board in 2013 and the Board rejected the application at that time. The Code does allow a license at this location. However, some things that should be considered by the Board is Section 7-111 provides that in determining whether any license applied for shall be granted, in addition to all other provisions of this article, the following shall be considered in the public interest and welfare: (1) the applicants reputation, character, and mental capacity to conduct his business; personal associations, record of arrest or reputation in the community in which he or she has resided, and whether applicant is likely to maintain the operation of the business for which he or she is seeking a license in conformity with federal, state or local laws. (2) If applicant is a previous holder of a license to sell alcoholic beverages, malt beverages, and wine, and whether or not he has violated any law, regulation, or ordinance relating to such business. (3) whether or not there has been the necessity for unusual police observation and inspection to prevent the violation of any law. It has been two years since there were any violations at the premises.
Attorney Ledbetter advised that no one has signed up to speak at this public hearing. At that point he asked if Mr. Virani was in attendance. No one having signed up or come forward, Mr. Virani was determined not to be in attendance. The application will be considered by the Board at their next meeting on December 16, 2014.
VARIANCE APPEAL #A14-10 FOR SHANE AND CHARITY CARNEY
Attorney Ledbetter advised that this is variance appeal #A14-10 for Shane and Charity Carney.
The property is located at 587 Wesley Chapel Road consisting of 16.978 acres. This comes from the Planning Commission with their recommendations for denial. The variance is a request for reduction of setback requirements to adjacent dwelling, per our ordinances, to build two chicken houses. The ordinance calls for a setback of 500 feet from any dwelling or residence. The plat shows a 365.7 ft. distance from the proposed chicken house to the nearest residence.
Attorney Ledbetter advised that several people are signed up to speak; the applicant has the option of speaking first. Mr. and Mrs. Carney spoke to the Board concerning their request for a variance. They explained that they currently have four chicken houses and need to add two more to continue their farming operation. By putting the two houses in this location allows them to keep everything together and to provide a minimal impact to the community. Gas service, electric service and two wells are already located at this location and building these two houses would allow them to cash flow properly. This will also allow their son to stay on the farm and continue farming at this location.
Mrs. Judith Ralston came before the Board to speak in opposition to the variance, she represented her mother, Tinsey Erwin, who owns the house nearest to this location. This house was owned by her grandparents and is currently being rented. She commented that she felt that the Board needs to stay within their own county ordinance of 500 ft. There are quite a few acres with this house her family owns and her sons may one day want to live in the house or build their own house on the property, but the presence of those chicken houses and the smell would hurt those plans for her family. The fans blow toward their property and the house that is owned by her family. If her family were to ever decide to sell their property it would hurt the sale of the property. She has been told by the couple that live in the house currently that they will move if the variance goes through. Tony Erwin came before the Board in support of the variance appeal. Glenda Carney spoke to the Board in support of the variance appeal, she said she lives at the end of the four chicken houses that they currently have and she has no problem with them. Brandon Carney spoke in support of the variance appeal and would like to see more chicken houses built. Carli Sexton spoke to the Board in support of the variance appeal, she said that anything less than six chicken house doesn’t cash flow.
Chairman Hood asked if there is a motion on the variance appeal. Commissioner Cunningham made a motion to approve the variance appeal. Commissioner Gazaway seconded the motion and Commissioners Cunningham, Gazaway, Sexton, and Steward voted aye. Motion passed.
Commissioner Gazaway made a motion to close the public hearing. Commissioner Sexton seconded the motion and Commissioners Gazaway, Sexton, Steward, and Cunningham voted aye. Motion passed.
CONSIDERATION OF UNFINISHED BUSINESS
CONSIDERATION OF NEW BUSINESS
REAPPOINTMENT TO THE REGION ONE EMS COUNCIL FOR BUD OWENS FOR A TWO-YEAR TERM ENDING 1/15/2017
Chairman Hood advised that this is the reappointment of Bud Owens to the Region One EMS Council for a two-year term ending 1/15/17.
Commissioner Sexton made a motion to approve the reappointment of Bud Owens to Region One EMS Council. Commissioner Gazaway seconded the motion and Commissioners Sexton, Gazaway, Steward, and Cunningham voted aye. Motion passed.
DECLARATION OF SURPLUS PROPERTY ON A 1986 CORVETTE FOR THE SHERIFF’S DEPARTMENT
Chairman Hood advised that this is a declaration of surplus property for the Sheriff’s Department for a 1986 Corvette.
Commissioner Gazaway made a motion to declare surplus property a 1986 Corvette for the Sheriff’s Department. Commissioner Sexton seconded the motion and Commissioners Gazaway, Sexton, Steward, and Cunningham voted aye. Motion passed.
BID AWRD TO FURNISH GASOLINE AND DIESEL FUEL
Chairman Hood advised that this is a bid award to furnish gasoline and diesel fuel. Purchasing Director, Martin Vaughn, advised that Gordon County solicited for bids and three vendors responded. County staff recommends Petroleum Traders Corporation to supply gasoline and diesel for the county. This is conditioned upon using the average price out of the Doraville Terminal. This bid would automatically be used for the next two years, assuming that the vendor does not change the price.
Commissioner Gazaway made a motion to award the bid to Petroleum Traders. Commissioner Steward seconded the motion and Commissioners Gazaway, Sexton, Steward, and Cunningham voted aye. Motion passed.
APPOINTMENT TO THE PLANNING AND ZONING COMMISSION FOR NATHAN SERRITT FOR A FOUR-YEAR TERM ENDING 12/31/2018
Chairman Hood advised that this is an appointment to the Planning and Zoning Commission for Nathan Serritt for a four-year term ending 12/31/18. This is Commissioner Hood’s appointment to this Commission for the next four years.
Commissioner Cunningham made a motion to approve the appointment of Nathan Serritt to the Planning and Zoning Commission. Commissioner Sexton seconded the motion and Commissioners Cunningham, Sexton, Gazaway, and Steward voted aye. Motion passed.
Commissioner Gazaway made a motion to adjourn the meeting. Commissioner Sexton seconded the motion and all voted aye. There being no further business, the meeting was adjourned at 6:30 p.m.