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Tuesday, January 29, 2019 – 6:30 p.m.
Courthouse, Main Courtroom, 16001 Barnesville Street, Zebulon, Georgia
Courthouse Doors on East/South Sides open at 6:00 p.m.
Town Hall Meeting at 6:15 p.m.
www.pikecoga.com/novusagenda has a download of the agenda and accompanying information for this meeting. Monthly information from Animal Control, Coroner, Fire Department, Grady, Library, Magistrate Court, McIntosh Trail CSB, Planning & Development, Registrar, Superior - Juvenile Court, Tax Assessor, and the Water Authority are included as well.
All commissioners except Commissioner Jenkins, County Manager (CM) Bobby Bickley, and County Attorney Rob Morton. It was advised that Commissioner Jenkins and County Clerk Jo Ann Wrye both had a family emergency and could not be present.
CM Bickley asked to add letter n to consider building a fire station. Motion to approve. Approved 4-0.
1. CALL TO ORDER .................................................................................... Chairman J. Briar Johnson
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))
5. APPROVAL OF THE MINUTES - (O.C.G.A. § 50-14-1(e) (2))
a. Minutes of the January 9, 2019 Regular Monthly Meeting.
6. INVITED GUESTS
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 February. Revenue/Expenditure Statement and Detail Check Register is included.
b. County Manager Report
Update on County finances for the following funds/accounts:
General Fund ............................................................................................................. …$
Fire Dept. Donations ...................................................................................................... $
BOC – Jury Account………………………………………………………………$0.00
Cash Reserve Account .......................................................................................... ….....$
Pike County CD Special Revenue funds………………………………………….$0.00
Jail Fund ........................................................................................................................ $
E-911 Fund .................................................................................................................... $
DATE Fund ................................................................................................................... $
Juvenile Court Fund ....................................................................................................... $
Residential Impact Fee .................................................................................................. $
Commercial Impact Fees ............................................................................................... $
C.A.I.P FUND ............................................................................................................... $
General Obligation SPLOST Tax Bond Sinking Fund, 2016 ...................................... ..$
L.M.IG. Grant (DOT)……………………………………………………......$
c. County Manager Comment
We are continuing to get revenues from property tax collections that will be seen in the General Fund account. Questions? None.
BCM Bickley read a letter from STS Development Group Sunnyside in Pike County. Praise for Director Todd Goolsby as they worked with the Road Department building roads in their subdivision. Said that Todd stayed on the job on the final day until 8:30 p.m. when everything was done. They thanked Todd for his work ethic and his recommendations to any problem that they encountered. CM Bickley also said thank you.
The county applied for a Community Block Grant in Hilltop last year but it was declined and no funds were granted. We have the ability to correct what the state told us to correct and resubmit. Requiring an addition to our service delivery strategy. The county and the cities will review this at their meetings over the month and get it approved. This is not a service like trash delivery with fees associated with it. It is simply something that needs to be added and acknowledged by the cities and the county so this can be submitted by the end of March.
[From the County Manager Report dated Friday, January 25, 2019.]
Because there is a Housing Revitalization section in the grant, the cities will need to sign off on this too as well as being able to apply for Housing Revitalization grants in the future.
The county received a Warranty Deed from STS Development Group Sunnyside, LLC which transfers 1.29 acres of land to the county for the purpose off putting a fire station on Blackmon Road. (This is in the Whitehorse Subdivision out on Beeks Road.) CM Bickley noted that this was for 1.29 acres instead of 3 and noted that there is a reversion clause that states that if the land is not used for a fire station within 5 years that it reverts back to STS Development. CM Bickley states that he went back through the minutes and couldn't find any specifics but asked why the smaller amount when the county was expecting 3 acres. He also said that as far as the reversion clause goes, five acres may give us time, but 7 or even 10 years would be better for the county since "...the Concord Station is more pressing at this time." [Note from the Editor: The Concord Station is explained more in depth later on.]
The storage facility is close to being finished.
Roads are coming along well. There has been a full round of scraping and gravel between rains. Public Works Director Todd Goolsby has advised that all dirt roads should be back to normal with a few isolated spots that he will get to in the next week.
Planning and Development
Permits issued: 5
Fees collected: $2329.50
Residential Impact Fees collected: $4808.30
Business Licenses issued: 29 and counting at the time of this report
Fees collected: $2649.00
Plats recorded: 2
Fees collected: $125.00
There is a code issue that needs to be dealt with. Section 156.43(A)(1) says that: "“Agriculture, including the keeping of livestock, on tracts of land not less than 2 acres, and not within platted residential subdivisions (named neighborhoods). Livestock on qualified tracts, shall be kept at the maximum rate of one per acre. Swine are restricted per Section 156.43(B)(14) and (D)(3), and cannot be kept on tracts of land below 5 acres. Poultry, are restricted per Section 156.43(B)(11) and (C)(19);” and Section 155.51 of our code requires that all subdivisions that go through the Planning Commission to have names.
Highland Ranch on New Hope Road is platted as a subdivision and has a name as was required by the county. It retained its AR zoning and being marketed as a place to keep livestock or have a mini-farm. CM Bickley is aware of two other properties owned by Ray Joel Byrom, Jr. (SUB-18-04) and Frankie Flanders III (SUB-17-03) who are also caught in this loop and there is a current poperty going through this proces that is also in the same situation. Mr. Bickley asked permission from commissioners to work with Morton and Morton to come up with a solution. [Note from the Editor: It also has the required 3 acres or more of land in each lot and several are 10 and more acre lots. This was an unintended consequence of a prior update to our code book. Planning and Zoning Director Brad Vaughn told me by phone today that Highland Ranch will be going through the Board of Appeals as a Special Exception because it is the quickest way to fix the problem. After the proper language is hammered out into a text amendment, it will be brought before commissioners to be added to the code book to fix the problem. The special exception will allow these AR lots to keep livestock according to our current code regulations.]
He advised commissioners that there have been meetings with multiple parties regarding two future overlay applications. Ellis Cycle on US 41 will need a special exception per chapter 160 in order to create a motorcycle repair shop within the overlay district. The other will be just an overlay application as commercial zoning which is already on the current property and will be home to a future landscaping business. This application is in the process of completion but is not done yet.
Dewey Yarbrough beings working on Monday, January 28th as the full-time Code Enforcement Officer.
The ISO Fire Hydrant map has been finished and submitted to Chief O'Barr for a final review before it is submitted.
Economic Development
Ginny is still working on the gas line. There is also work being done on a website.
The metal should be dropped at Chestnut Oak soon. Waiting on money from the DCA.
There has been a prospect for Lot 4 in the business park. It will be voted on during the IDA meeting on February 6. All that will be needed after that is a contract.
The IDA audit has been completed and the official report should be back for the February meeting to be able to accept the final audit report.
[End of County Manager Report.]
d. Commissioner Reports
e. County Attorney Report to Commissioners.
8. UNFINISHED BUSINESS
9. NEW BUSINESS
a. Consider one appointment to the J. Joel Edwards Library Board to fill an unexpired three-year term, set to expire August 31, 2020. Applicant has met criteria.
CM Bickley met with Anthony Vinson and said that Anthony fits the bill for the library board and he recommends him. Motion to approve. Approved 4-0.
b. Consider one appointment to the Pike County Board of Appeals fill a three-year term, set to expire February 9, 2022. Applicant has met criteria.
CM Bickley met with Scott Huckaby and he recommends him as well. Motion to approve. Approved 4-0.
c. Discuss closing the northern section of Fire Tower Road and abandon the southern section of Fire Tower Road.
There are two sections intersected by 341. Suggested closing the northern part and abandoning the southern. A survey would be done and then the business owner who is wanting to put a business on this road. The northern part is very rough and is known for abandoned trash and sometimes even cars. The road is not useful with an unsafe intersection. No one lives on the northern part.
Chairman Johnson asked about abandoning versus closing and how that works. The closure can be done however the county wants to do it. The county divests itself of ownership in the road. We walked through this process on Bagwell Road. 2008 and 2009 we looked at doing this as well. We will relinquish the ownership on this road. It can be posted and devices can be put up there to prevent people from driving on it.
Motion to move forward. Approved 4-0.
d. Consider paying for sewer lines out of E911 Impact Fee in the amount of $2,750.
Sewer line from the back of the 911 building. It needed to be fixed properly and this fixed the problem correctly. A bandaid wasn’t going to work this time. Comment from Commissioner Daniel that this is what Impact Fee money is there for. Motion to approve. Approved 4-0.
e. Consider Memorandum of Understanding between Pike County, Pike County Library and Flint River Regional Library System.
County Attorney Rob Morton said that this MOU was in discussion this past summer and with the transition of employees under the county, it was suggested to Chairman Audrey Lanier said that there is a concern that we can discuss calling it the J. Joel Edwards Public Library instead of the Pike County Library. This document helps with laying out operations and services between the county, the library, and the Flint River Regional Library System. None of the other counties actually have an MOU with the FRRLS. This is the first between three entities. Rob recommends having "of Pike County" in the name. Consensus to call it the J. Joel Edwards Public Library of Pike County. Motion to call it the J. Joel Edwards Public Library of Pike County. Approved 4-0. Motion to approve the MOU. Approved 4-0. [Note from the Editor: Hopefully this will help settle some issues with the Library Board with meetings that I have been attending since November of 2018. This document was actually promised with the past county manager and simply got dropped in the shuffle of the past year with the county. We have had a LOT going on.]
f. Consider Right-of-Way deed dedication for water for Water Hole Pass.
Watering Hole Pass. The commissioners previously approved this concept a couple of years ago. This got delayed but never got finalized. The county wasn’t interested in taking over the road with the dam. Property owners are asking commissioners to accept the extension. This outlines an agreement and deed for this part of the road. It does not include the dam. Motion to approve the county taking over this section of the road. Approved 4-0
g. Approve/deny to surplus old fire truck on GovDeals. The fire truck was obtained from Pike County Fire Department in 2018 for Public Works. They have since upgraded to a better truck for their needs and no long need this fire truck. The pump valves have some major issues and the tank leaks which is why the fire department does not want this truck.
CM Bickley said that the Fire Museum might want the truck. If this is the case, can we postpone this for now? Yes. Motion to postpone until the discussion takes place. Approved 4-0.
h. PUBLIC HEARING: To receive public input regarding REZ-18-09 – Owner Larry Lynch and Applicant Blue Cord DevGroup are requesting the parcel be re-zoned from C-2, General Commercial to P-I, Professional-Institutional for the purposes of developing an outpatient VA Clinic. The property is located at 10296 T-1 US Hwy. 19, Zebulon, GA, Land Lot 64, District 2, Parcel 007-017.
Action: Discuss/Approve/Deny
Director Brad Vaughn said that this is a rezoning of land. 11 ½ acres roughly. It is currently C-2 and looking to rezone for VA Outpatient Clinic. This will trigger the 6 month waiting period from the state because it could be treating patients for drug problems. This has already been heard and approved by the Planning Commission. It will be governed by the overlay district.
Commissioner Tommy Powers asked about what could go there if approved PI. This is for the VA Clinic, they would have to have another hearing. If it is for something else similar to the VA Clinic, it would trigger another 6 month period.
IN FAVOR:
Mark Whitley spoke in favor. He asked about whether there would be a buffer on the backside because there are two houses back there.
OPPOSED:
None.
Public hearing was closed. Director Brad Vaughn said that there will be a buffer requirement because of the overlay district regulations. The Planning Commissioner and the Board of Commissioners can look at this more closely and make changes if needed when that part of the process.
County Attorney Rob Morton answered the question about zoning and said that if this is approved for PI with no conditions, church, chapel, club, lodge, school, hospital clinic, dental clinic, nursing home, group personal home, professional or business office, government offices, gift shop, hospice facility, etc. If you want to restrict it, you need to make that part of your recommendation.
Motion to move forward with the 6 month waiting period. Approved 4-0.
i. PUBLIC HEARING: To receive public input regarding REZ-18-10 – Owner/applicant Ronnie Ellis wishes to re-zone the subject property from A-R, Agricultural-Residential, to C-3, Heavy Commercial. The purpose of this request is to locate a 60 x 100 building which will house a motorcycle repair shop. The property is located at Land Lot 135, District 2, Parcel 086-048B.
Action: Discuss/Approve/Deny
Director Vaughn said that this is property immediately to the left of the Fire Tower Road. There is a pond on the property that will affect where the building will go. This will be moving his business from Griffin to Pike County. He will have to abide by overlay district regulations. This will expand the commercial property along 341. According to our land use plan, this is where we want this type of business. The DOT would rather have the southern part of Fire Tower be the entrance with a requirement from the county to pave this portion of the road to the business. He recommends
In 2007, this began a rezoning process but it did not get built out so it was reverted back to AR in 2013.
IN FAVOR:
Steve Reeves spoke in favor. He said that the pond and buffers won’t be an issue. He said that it would be good to have another business in the county. Steve said that he would rather have it come off of Fire Tower Road. There will need to be a survey to get this done.
OPPOSITION:
None.
Public hearing closed. Motion to approve. Discussion. It was the same owner from 2007 to when it was reverted. Approved 4-0.
j. Approve/deny OV-18-02 US 19/41 Master Site Plan for K & K Manufacturing/Paragon.
Director Vaughn said that this will be a 3 phase construction process and it will be regulated by overlay district regulations. He laid out the property in a nutshell from the retention pond to the roads and buffers and the 3 phases of building this out. It is on the highway and part of the Pike County Business Park. A variance has been approved with a fence and landscaping buffer by the Board of Appeals. He recommended the site plan for approval. Motion to approve. Approved 4-0.
k. Approve/deny PC-04-14 revised final plat for Deer Lake Subdivision.
This is from 2004. This is a revised final plat. These last 4 lots were left for family. They have applied for a variance. The original plat had 3 flag lots and made it difficult. The flood zone affected this too. This has been cleaned up and there will be a private drive for 3 of the lots. One of the first PRD’s in the county. Motion to approve. Approved 4-0.
l. Approve/deny SUB-18-10 revised final plat for Brookeside Estates.
This is also a revised final plat. This was approved simultaneously at the last meeting. Since there are changes on the lots, it was required to come back before the commissioners. The Planning Commissioner required stick built homes and 1,800 square feet for each home. Motion to approve with stipulations. Approved 4-0.
m. Acceptance of roads, right-of-way and bond agreement for Whitehorse Subdivision as of December 1, 2018.
Director Todd Goolsby said that all inspections have been done. This is just acceptance of the right of way and acceptance of the bond. This group will pay for maintenance for the next two years. This allows the public to use the road. He asked for the Chairman’s signature on the plat. We will accept the road officially into the road system in two years. Two of the commissioners said that the road looks really good. Motion to accept. Approved 4-0.
n. Discuss Warranty Deed from STS Development Group Sunnyside LLC.
This is a discussion of a warranty deed from talks in March and April of 2018. STS Development Group Sunnyside LLC gave this property to the county for the purpose of a fire station. 1.29 acres. There is a reversion clause that states that the property will revert back to them in 5 years if it has not been used for a fire station.
Chairman Johnson said that he understood that it was going to be 3 acres and there has been a review of the minutes. Lot 61 was in the original plat but there have been some changes between the original and final plats. Commissioner Daniel said that he sees the 5 year reversion clause and doesn’t have a problem with it. A fire station is needed out there. The reversion clause is accountability and ensures that the property will not be used for something else by another Board.
CM Bickley is concerned about the 5 year reversion clause and asked whether there is some way to extend this. Rob Morton said that there was no mention of the reversion in the original discussion. The original cost for a fire station was $100,000 and it’s probably gone up. We need to address the issue with the City of Concord by July. If you accept with the reversionary clause, you need to know that there is a 5 year limit on this.
Commissioner Daniel likes the price on this land because it’s free and said that we’ve promised the people out there that we would build a fire station. Motion to approve as it is written. Discussion: Commissioner Powers asked about Hwy 18. Aren’t we supposed to put one out there? He isn’t against this, but he is noting that we need a 3rd fire station too. This could be a 2 bay fire station and not a full personnel station. Rob said that this could be a satellite station if that is what they choose to do. Approved 4-0.
[Note from the Editor: I went back through my notes and meetings to see what I had written in past meetings about this because I remembered 3 acres too, and nothing had been said about a 5 year reversion clause in a public meeting before tonight.]
Click here to read this directly from my write up:
d. Approve/deny final plat for SUB-18-05.
Brad Vaughn said that this is the White Horse Subdivision on Beeks Road. 31 houses. The only difference with the before and today is the retention pond. Everything has been satisfied. Recommend for final approval. 3 acres in question will be deeded to the county upon final approval for a county fire station. Motion to approve the final plat. Approved 5-0.
The County’s Post Agenda for the November 14, 2018 meeting reads as follows:
d. Approve/deny final plat for SUB-18-05.
Brad Vaughan, Director of Planning and Development addressed the Board stating this is the White Horse Subdivision for Beeks Road which will house 61 homes. Phase one is earmarked for 31 homes. He said the homes in this subdivision will be 2,000 square feet or more with 2 acre lots or more. Mr. Vaughan told the Board the HOA will take care of the retention pond which is the only difference since it was presented previously. Chairman Johnson asked about the property that is supposed to be donated to build a new fire station. Mr. Vaughan stated the 3 acres in question will be deeded over at final approval; this will also change the ISO rating from an ISO 9 to an ISO 4 and will result in about a $1,100.00 savings per year, per home for home owners insurance.
Motion/second by Commissioners Guy/Daniel to approve the final plat, motion carried 5-0.”
[Note from the Editor: I don’t know what happened because it was not fully explained in the meeting, but judging from the comments from commissioners and the wording in the county manager report, the reduction in size was unexpected and the reversion clause was totally unexpected. The County Attorney did not look happy with this change of circumstance. Let me lay a few things out for readers. The county is looking at building the Beeks Road Fire Station because we promised that we would, but now we have to come up with money within five years when we were already in the process of obtaining land for two other fire stations—one of which needs to be built within the next five months since we are in the process of working with the City of Concord to currently move our fire station from its current location to another location by July 1. I can’t think of any time that the county has been donated property for something that it did not give back if we couldn’t use it, but someone please correct me if I am wrong there. I can think of one in the past several years that was given back to the owner in fact. I cannot imagine why a reversion clause was needed—especially if a major selling point for that area is going to be a fire station there. ISO ratings out there are a 9 and that is going to be super expensive for insurance. Can you imagine the uproar if this didn’t get done in a timely manner? On the flip side, can you imagine the uproar if we have to raise taxes to get this done because of this reversion clause? Or if the property was actually reverted and homeowners found out? I’m trying to look at this from all sides, but all that I am coming up with is that if we have another donation of property for a specific reason such as a fire station, it needs to be in writing and attached to the minutes of the meeting so there is no question on what was said and there are no surprises at the last minute because five years is a short time for our county to come up with the money for two fire stations. And if anyone asks why we need to have something in writing, this right here should be held up as the example.]
10. PUBLIC COMMENT - None
11. EXECUTIVE SESSION - None
12. ADJOURNMENT: 7:47 p.m.
Agenda subject to revision
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