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Tuesday, August 25, 2015 – 6:30 p.m.
Courthouse Annex, 79 Jackson Street, Zebulon, Georgia
1. CALL TO ORDER....................................................................................Chairman J. Briar Johnson
All five commissioners are present along with County Clerk Jo Ann Wrye to take the minutes, County Manager John Hanson, and County Attorney Rob Morton.
2. INVOCATION……………………………………………………………………………Ben Maxedon
3. PLEDGE OF ALLEGIANCE...................................................................Chairman J. Briar Johnson
4. APPROVAL OF THE AGENDA - (O.C.G A. § 50-14-1 (e) (1))
CM Hanson asked to add 50-14-3 to the Executive Session for future acquisition of real estate.
5. APPROVAL OF THE MINUTES - (O.C.G.A. § 50-14-1(e) (2))
a. Minutes of the August 12, 2015 Regular Monthly Meeting.
6. INVITED GUESTS - None
7. REPORTS FROM COMMISSIONS, DEPARTMENTS, COMMITTEES, AUTHORITIES
a. Monthly Reports submitted from County Departments and County Authorities, including a Revenue/Expenditure Statement for all departments, and a summary check register. There are no Department reports as they will be provided during the first Board meeting of September. Revenue/Expenditure Statement and Detail Check Register is included.
b. County Manager Report
▫ Update on County finances for the following funds/accounts:
c. County Manager Comments.
County Manager (CM) Hanson said that the advertising the 5 year milage rate for the county in the paper now. He said that according to the Tax Commissioner's calculations, the county's millage rate will be 13.974 (a .68% decrease) from last year with an overall Net Tax percentage decrease of 1.73%. The setting of the millage rate will take place on September 9th.
ISO – The inspection was conducted on the 4th and 5th. We will have the results somewhere around the first of the year.
Grady EMS – We have allowed them to run some calls from a couple of the fire stations in the county. They have interest in renting the Molena Fire Station for the 8 a.m. to 8 p.m. truck. He recommended $350 per month plus utilities. They anticipate a full time truck in Zebulon and one in Concord and the 12 hour truck in Molena. This will begin on September 1st. Click here to read about this.
A piece of property was closed on for a 6,000 foot facility in the Business Park in Zebulon. This will be for a fabrication company that is being relocated from Hampton to Zebulon. Advance Machine is the name of the company and it is owned by Spencer and Angela Moseley. There are more commercial potential clients that are in the works here in Pike County.
Weems Mill Road had a culvert fail yesterday. They will replace it tomorrow after the buses run and hope to have it done before the buses came back tomorrow afternoon. And then they will be back on McKinley Road.
d. Commissioner Reports.
Commissioner Powers asked about the paving on McKinley Road where equipment has been sitting there for about 2 weeks without moving. He asked why they didn’t cut a section and then pave. CM Hanson advised that the initial plan was to go from New Hope to the curve, but that is where they found all the debris under the road. Then there was a delay with the roller. The original plan was to do a portion and then pave it, but with weather and other delays, it has just happened this way. CM Hanson is going to give us some estimates on striping for the county and the cities all at once. Click here to read about the paving on McKinley Road and the money that went into buying the equipment to do more permanent patches and pave roads.
Commissioner Jenkins asked about calcium chloride on the roads. The traffic level is going to determine these roads that get the treatment. Cut through roads are high on the list. Discussion that there has been a lot of traffic on the road as well as a logging operation have been on the dirt side of McKinley Road. The price was mentioned and the fact that the county would need to make sure that the road has necessary work before a treatment is done. The goal is to make sure that it saves the county in the long run.
He then brought up several smaller comments listed here. The county is looking at possibly converting to Charter with a new phone and computer system instead of AT&T.
Checking Homestead Exemptions is important to the county. CM Hanson is going to meet with the Tax Commissioner and the Tax Assessor about this.
Traffic on Old Meansville Road during school times. CM Hanson has reached out to Dr. Duncan at the end of last year and the DOT has watched school times as well because it is affecting Highway 19 and a couple of roads too. The school system has changed some things with routes. A separate entrance into the student parking lot has been discussed on Old Meansville Road. CM Hanson is going to discuss this with Todd Goolsby to see if the county can help with this if needed. There are some other options as well.
Chairman Johnson thanked Prayer Power of Georgia, Inc. for sponsoring and organizing the Prayer Walk for the schools.
e. County Attorney Report to Commissioners: None.
8. UNFINISHED BUSINESS - None
9. NEW BUSINESS
a. Consider two appointments for the Pike County Planning Commission to fill a three-year term, set to expire August 31, 2018. Applicants have met criteria.
Bennie Evans and Doug Rounds. Motion to approve both appointments. Approved 5-0.
b. Consider request from Bryan Richardson of the Pike County American Legion, Post 197 to use the south side of the courthouse square and Veteran’s Memorial for Patriot’s Day Observance (9-11) on Friday, September 11, 2015 from 9:00 a.m. until 2:00 p.m. and for the Veteran’s Day Program on Wednesday, November 11, 2015 from 9:00 a.m. until 2:00 p.m.
CM Hanson advised that the Bible Reading Marathon will be going on that day, but he said that both groups are going to work together on this so there will be two events going on at the same time. Motion to approve. Approved 5-0.
c. PUBLIC HEARING: To receive public input on the possible reversion of zoning, pursuant to REZ-14-03, from M-2B (Manufacturing - Heavy) to A-R (Agricultural-Residential) of property located on U.S. Highway 41, currently owned by The Development Authority of Pike County. Said property, with approximately 630 feet of frontage along the western side of US Highway 41, contains 63.67 acres and is located in Land Lot 164 of the 2nd Land District of Pike County, Georgia. Property is further identified as Tax Map Parcel Number 088 045 and possible reversion of zoning, pursuant to REZ-14-04, from M-2B (Manufacturing - Heavy) to A-R (Agricultural-Residential) of property located at 211 U.S. Highway 41, currently owned by The Development Authority of Pike County. Said property, with approximately 246 feet of frontage along the western side of US Highway 41, contains 1.13 acres and is located in Land Lot 164 of the 2nd Land District of Pike County, Georgia. Property is further identified as Tax Map Parcel Number 088 042.
Planning and Development Director David Allen addressed the commissioners before the hearing began. It was rezoned last August from AR to M2B. The Development Authority has been shopping for a client for this, but it has not found a suitable client yet. They have asked it to stay and there is a potential serious client right now who is in discussion at this time. Staff recommends leaving it as it is now.
No one to speak in favor of reversion.
Against: Steve Reeves is a member of the IDA Board. They asked for this to be changed last year for finding a suitable industrial client to bring in business into the county. He said that even with proper zoning, it takes several months to get rolling with a project. There is some interest in the site and they would like it to remain as it is in order to help fast-track any potential business.
The public hearing was closed.
Commissioner Powers made a motion to continue with the current zoning. Commissioner Guy made the 2nd. Rob said that there are stipulations with the zoning and any business will have to abide by stipulations such as the overlay district, etc. He said that he thought that Director Allen was doing this out of an abundance of precaution. If still no development within 12 months, then the commissioners could revert this property. Overlay and building procedures have already been addressed so this shouldn’t be a problem. There was a discussion about fast-tracking procedures so we could possibly help bring in business to the county. CM Hanson said that we can look at this if it is needed.
Motion to continue the property as M2B. Approved 5-0.
d. PUBLIC HEARING: To receive public input regarding SUB15-01 - David B. Harwell, property owner and applicant, is requesting preliminary plat approval of a 7-lot single family residential subdivision on 19.72 acres located off of Whipple Avenue, south of Peachstate Airpark. Said property is zoned R-20 (Single Family Residential), with approximately 585 feet of frontage along the southern side of Whipple Avenue and approximately 30 feet of frontage along the western side of Jonathans Roost Road. The property is located in Land Lot 158 of the 1st Land District of Pike County, Georgia. Property is further identified as Tax Map Parcel Number 050 217.
Director Allen addressed the commissioners again. It came before the Planning Commission in July. They want to make this acreage part of Peachstate Airpark with the same covenants and restrictions. The Planning Commission and Staff recommend approval with a stipulation that lot 33 have to use the new street as access and not another already cut access road. There was a delay on this to get the parties to work out a situation that arose on July 9th at the meeting, but it sounds like the two parties did not get together on it. Birch Creek Farms covenant prevent further cutting this down to other lots until 15 years after initial approval. A majority or 60% of those within the covenant would have had to come together to approve this. County Attorney Rob Morton addressed this.
The county is bringing to your attention about a restrictive covenant, but the county is applying its regulations as it is. However, they meet all requirements for our code. This is an issue between property owners. Property owners have other options on this, but local governments do not normally step in and enforce covenants. Those are private interests and not county interests.
In favor:
Steve Reeves spoke in favor of this project. He gave some details on this for down the road. The original access on Lot 33 will not be used. All will use the main road.
Ron Alexander said that the covenants in the new neighborhood would be more restrictive than those that are currently in place. He also said that it would likely be 3 years before anything could be done with this anyway. There are a certain number of lots in the current development that have to be sold before this could even be developed.
Opposition:
Edward Holloway spoke. The 30 foot strip for the old driveway on Lot 33. He asked who would maintain this strip of property. He mows it now, but who will maintain it now? Who do I go to enforce these covenants? He said that he can go through the process to get 65% of the homeowners vote, but they haven’t done this. He also cited traffic on Jonathan’s Roost Road and said that it is terrible already.
Jerry Henson said that he bought four lots down here as he is looking at moving from Fayette County. He said that he is looking to leave if they are allowed to move in a subdivision.
Rusty Smith said that part of the land strip for the 30 foot access that gives access to Jonathan’s Roost. There are concerns for young children, who will maintain it, will it be a construction access or a thoroughfare to this property, and mentioned another 60 foot driveway. He said that traffic is a big concern and it is bad as it is.
Public hearing was closed.
Commissioner Jenkins said that he understands concerns about Jonathan’s Roost Road and hopes that those can be corrected in the future. He also said that he has a letter from the President of the Homeowner’s Association that says that they are in agreement with it. Morton said that covenants between the landowners allow them to go to court to get this enforced and that it is not the commissioners’ job to enforce covenants. [Note from the Editor: Those challenging this were told more than once that they could get relief by getting an attorney and taking this to court.] He also advised that if the county approves the preliminary plat, there are criteria to meet including streets and access. This only says this is what they want to do and that there is another process for final plat approval. There will also be other processes to go through before dirt can be moved.
Commissioner Jenkins made the motion to approve with stipulation that Jonathan's Roost Road cannot be used as an access for Lot 33. Commissioner Powers 2nd. Commissioner Daniel made sure that those in attendance understood that they could take this to court to challenge it. Commissioner Guy made a motion to allow Ron Alexander to speak but could not because there was already a motion on the floor.
Chairman Johnson asked Director Allen about the grass strip. Director Allen said that the Planning Commission and Staff said that this cannot be used as a primary access way and that if this came before him at the building stage, he would recommend using the main road.
They voted on the previous motion to approve this with the stipulation that Lot 33 have to use the new street as access rather than Jonathan's Roost Road. Approved 5-0.
Commissioner Guy made the motion to allow Ron Alexander to speak. Commissioner Jenkins gave the second. Ron Alexander said that this change would only be a net increase of 3 lots overall. The original hearing with Planning and Zoning. They asked to resolve this with the neighboring subdivision but there has never been an attempt to get together. He said that they are willing to meet with the neighboring subdivision even now to try to resolve this.
Commissioner Jenkins said that the area is really nice except for the road there. He said that he travels the area and it is rough, but he commends those in the area for the work that they have done around their houses because it's beautiful out there. He also said that the county is working to address the road problems there. CM Hanson said that the county has already discussed widening the road.
e. PUBLIC HEARING: To receive public input regarding Capital Improvements Element (CIE) Annual Update, pursuant to the Georgia Development Impact Fee Act and the Development Impact Fee Compliance Requirements of the Georgia Department of Community Affairs.
This is done on an annual basis that chronicles all of the Impact Fees collected and the expenditures along with noting what has been accomplished with fees as well as possible upcoming projects. This will go to 3 Rivers and then they will transmit to the DCA. Hopefully it will come back in September and it has to be ok’ed before October 31st. The numbers have been checked by the County Commission Office as well as Tara Winstead.
No one spoke for or against. Public hearing was closed. Motion to approve. Approved 5-0.
f. PUBLIC HEARING: To receive public input regarding text amendment to the Pike County Code of Ordinances, Chapter 156, Zoning Code, Sections 156.43 (D)(10) and 156.43 (C), Chapter 156, Zoning Code, Sections 156.63 (D)(4) and 156.63 (C), Chapter 156, Zoning Code, Sections 156.78 (D)(4) and 156.78 (C), Chapter 156, Zoning Code, Sections 156.93 (D)(4) and 156.93 (C), relative to the use of manufactured homes / trailers / campers for temporary living quarters at a construction site.
Director Allen addressed the commissioners. This was discussed in July as a need to make this administrative rather than having to do a 6-8 week process with a $200 fee and a Board of Appeals meeting and the Board of Commissioners with both requiring public hearings. He can’t think of a single application that has been rejected.
Requirements that must be met: it will only allowed with a valid building permit, an approval letter for water and sewer, only one unit per piece of property, it cannot be a rental property, it is not tranferrable, front yard but must meet all set backs, only allowed for 12 months with a 12 month renewal upon request but no longer than 24 months, and it must be removed within 30 days as the living quarters after approval of living quarters.
Planning Commission made the recommendation to keep it as a special exception in subdivisions and only change it to administrative for AR properties.
No one spoke. Public hearing closed.
Commissioner Daniel asked whether there was an opportunity to appeal if Director Allen said no. County Attorney Morton said that there are written permitted uses in this section where there won’t be a no if they meet the criteria. There is an appeal right if there is a disagreement.
Motion to approve for AR only. 2nd given.
Discussion: County Attorney recommended clarification on one section for the 2nd reading to ensure that the language is clear.
Approved 5-0.
g. Approve/deny resolution for endorsement to add Agribusiness Authority to the County Property/Liability coverage.
CM Hanson said that part of the purpose of these authorities is to support us, but that this authority has been a handicap because the insurance is so high so it is hard to attract events. John has talked to ACCG, the county attorney, etc. about this and made a recommendation to add them to our policy. This will not cost the county any additional funds. There may be some additional costs down the road for super high numbers of people, but even if there is, it would only cost something like $20 or $30 a year. County Attorney Morton clarified that they base this on the number of employees and that extra coverage could be passed along to the Agribusiness Authority if needed. There will also be user fees. Private event coverage has been a hindrance. The resolution addresses. Hanson said that they currently pay $700 for this and that if we add them, they will get rid of their current coverage.
Motion to approve. Approved 5-0. 10. PUBLIC COMMENT- (Limited to 5 minutes per person) - None
11. EXECUTIVE SESSION: 7:45 p.m.
Discussion of the future acquisition of real estate as provided by O.C.G.A. § 50-14-3(4).
Back in Session. 8:04 p.m.
12. ADJOURNMENT: 8:04 p.m.
Agenda subject to revision
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General Fund ............................................................................................ $1,548,423.25
Fire Dept. Donations........................................................................................ $1,881.25
Cash Reserve Account................................................................................. $500,251.47
Jail Fund ........................................................................................................ $20,834.44
E-911 Fund .................................................................................................... $65,326.45
DATE Fund ................................................................................................... $34,680.64
Juvenile Court Fund....................................................................................... $16,592.04
Residential Impact Fee ................................................................................ $294,666.92
Commercial Impact Fees ............................................................................... $13,448.01
C.A.I.P FUND............................................................................................... $11,277.23
General Obligation SPLOST Tax Bond Sinking Fund, 2011...................... $493,265.26
L.M.I. Grant (DOT)..................................................................................... $157,819.08
ACTION: Discuss/Approve/Deny
ACTION: Discuss/Approve/Deny
ACTION: Discuss/Approve/Deny
ACTION: Discuss/Approve/Deny