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Thursday, November 19, 2020 – 6:30 p.m. (Meeting date changed from November 24, 2020 to November 19, 2020)
Courthouse, Main Courtroom, 16001 Barnesville Street, Zebulon, Georgia
www.pikecoga.com/novusagenda has an online 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 during the morning meeting only.
We encourage that attendees follow recommended Covid-19 guidelines which include staying home if you are ill/not feeling well, washing your hands, maintaining social distancing, and wearing a face covering (recommended but not required)
[Note from the Editor: Sometimes there is so much going on that I don't get a meeting updated online after it occurs. That was the case with this meeting after I wrote a major update on the entire project that spanned the project from 2017 to this meeting around the same time that there were several regular and special called Commission meetings. Click here to read the history of the Madden Solar Farm in an article entitled "BREAKING NEWS: Madden Solar Farm LLC Asks for Plan Modification" - www.pikecountytimes.com/secondary/BREAKINGNEWSsolarfarm11.3.20.html. This meeting has been updated with my notes from the meeting that I typed back in 2020. I pulled the official minutes to make a comparison with what I wrote in 2020 and pull the stipulations which were needed for this writeup. The official minutes can be obtained through the county's website at www.pikecoga.com.]
All commissioners were present except James Jenkins with County Clerk Angela Blount, County Manager (CM) Brandon Rogers, and County Attorney Rob Morton also in attendance.
1. CALL TO ORDER .................................................................................... Chairman J. Briar Johnson
2. INVOCATION………………………………………………………………………………Bart Brock
3. PLEDGE OF ALLEGIANCE ................................................................... Chairman J. Briar Johnson
4. APPROVAL OF THE AGENDA - (O.C.G A. § 50-14-1 (e) (1))
Motion to approve. Approved 4-0.
5. APPROVAL OF THE MINUTES - (O.C.G.A. § 50-14-1(e) (2))
a. Minutes of the October 14, 2020, Executive Session.
b. Minutes of the October 27, 2020, Regular Monthly Meeting.
c. Minutes of the October 27, 2020, Executive Session.
d. Minutes of the October 30, 2020, Special Called Meeting.
e. Minutes of the November 5, 2020, Special Called Meeting.
f. Minutes of the November 5, 2020, Executive Session.
Approved all in one motion. Approved 4-0.
6. INVITED GUEST - 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.
b. County Manager Report
Update on County finances for the following funds/accounts:
General Fund ........................................................................................ …$1,996,117.84
Fire Dept. Donations ........................................................................................ $6,169.53
BOC – Jury Account………………………………………………………………$0.00
Cash Reserve Account ........................................................................ ….... $107,572.70
Pike County CD Special Revenue funds…………………………………………. $0.00
Jail Fund ........................................................................................................ $34,848.58
E-911 Fund .................................................................................................. $134,113.32
DATE Fund ................................................................................................... $57,148.98
Juvenile Court Fund ....................................................................................... $11,636.20
Residential Impact Fee ................................................................................ $810,497.47
Commercial Impact Fees ............................................................................. $134,017.94
C.A.I.P FUND ............................................................................................... $50,951.77
General Obligation SPLOST Tax Bond Sinking Fund, 2016-2022 ........... . $486,575.66
L.M.IG. Grant (DOT)………………………………….………………….. $218,703.51
c. County Manager Comment
With Christmas approaching, he asked to keep this similar to employee appreciation. Motion to approve. Approved 4-0.
Completed interviews for Building and Grounds. He would like to appoint Ken Lalumier. Motion to approve. Approved 4-0.
Nelson Foundation wants to do some landscaping at the Senior Center and the Industrial and Business Parks. K&K will do the upkeep on the Business Park so our guys won’t have to travel so far. Motion to approve. Approved 4-0.
Saturday morning is the ribbon cutting at Chestnut Oaks at 9 a.m. There will be activities, food, and the event at 10 a.m.
He thanked the employees of the county for all that they do. Especially this year because of COVID and have done a great job of adapting to a different way of operating.
d. Commissioner Reports
Briar Johnson said happy thanksgiving to everyone.
e. County Attorney Report to Commissioners
None
8. UNFINISHED BUSINESS - None9. NEW BUSINESS
a. PUBLIC HEARING: To receive public input regarding MOD-SE-17-03 – Applicant, Madden
Solar Center LLC and Owner, USC Timber LLC are requesting a modification to Special
Exception Application SE-17-03. The current special exception allowed a utility scale solar farm
on a portion of the 1,671-acre property with conditions. The request for modification wishes to
incorporate those same conditions and increase the overall size of the project from 304,000 solar
panels to 451,600 solar panels. The applicant has submitted an updated site plan design for
consideration. Property Location: no address assigned; GA Hwy. 18 Concord, GA 30206. Land
Lots: 184,169 & 166 of the 9th Land District. Parcel IDs: 031-003A, 031-004, 031-012.
Acreage:1,671 acres. Commission District: 1st and 2nd. Commissioners District: Tim Daniel and
Tim Guy. FEMA Data: The southern and eastern borders of Parcel 032-012 lie within the flood
zone.
Action: Discuss/Approve/Deny
Planning and Zoning Director Brad Vaughan advised that this approved in 2017 but this was modified to fit a Georgia Power project to 451,600 panels on 1050 acres including buffers and setbacks. BOA unanimously recommended approval as well as the staff with stipulations. 200 foot setback along Flat Shoals Road, etc. The applicant and owner are here in the meeting.
(Stipulations are pulled from the official minutes verbatim:)
"The conditions from 2017 are:
• Minimum 100-foot buffer from stream banks.
• Minimum 50-foot buffer from property lines and road frontage, and minimum 200-
foot setback from Highway 18 and North Madden Bridge Road for solar panels.
• Evergreen buffer along Highway 18 as a visual screen. Where possible, retain existing
vegetation along Highway 18.
• No use of herbicides for vegetation control.
• Strong erosion and sediment control plan is required, with regular inspections to
protect Elkins Creek.
Additional conditions that were approved on March 8, 2017 are:
• Any specified perimeter buffers on the property shall be honored and maintained.
Board of Commissioners approval for the landscape plan is required for the planted
buffer along Highway 18, and the location and extent will need to be field located.
• There shall be no unlawful encroachment into any specified state waters, buffers or
wetlands.
Minute Book 41, November 19, 2020, Page 3of 6
• Any land disturbances greater than 1-acre shall require approved erosion/sediment
control plans and a land disturbance permit.
• An annual business license shall be required.
• The proposal shall conform to any solar farm standards set forth in the Pike County
Code, Chapter 166, except as may be otherwise conditioned. The bond amount
specified in Section 166.06, shall be adhered to.
• A formal study of wetlands and sensitive areas on the property needs to be completed
prior to construction.
• Herbicides shall not be used for vegetation control and maintenance.
• Access to the solar farm via Nixon Road is prohibited. Access to the solar farm via
North Madden Bridge Road shall be limited for the purpose of maintenance to the
southwest substation area, and contingent upon the developer improving North
Madden Bridge Road to applicable Pike County standards to the point of access of the
substation area.
• The final site plan shall be reviewed and approved by the Zoning Administrator.
• This approval is non-transferrable to any other use and shall continue to meet all
conditions, criteria, and regulations in the event that the solar farm operation is sold or
otherwise transferred.
• Upon cessation of the solar farm, the subject property shall be restored, at no expense
to Pike County, to the agricultural conditions of the property prior to the solar farm
development (i.e. removal of all solar panels and equipment).
Revised conditions recommendation from the Board of Appeals on November 5, 2020
recommends approval with the additional condition:
• a 200-foot setback will be imposed along Flat Shoals Road to be added to the
conditions listed above."
IN FAVOR:
Newton Galloway on behalf of Orsted. When the application came the first time in September, there was a denial. He recommended to refile in order to bring this back as quickly as possible and address the issues.
Russ Edwards of Orsted spoke. He said that they are planning to be the long-term owner and operator of this project. They intend to be a long-term partner with the county. They hope to participate in STEM programs and emergency services.
Ryan Gilcrist of Orsted spoke. He said that there will be no problems with erosion, noise, etc. and without the expansion, this project will not be feasible. This will be for Georgia Power. They have made some project design changes to meet concerns of neighbors. There are additional setbacks with 200 feet on Flat Shoals and 150 on the other road. There is also a decommissioning bond. There are 100 foot setbacks from all of the waterways. The special exception approval is essential tonight. They’ve worked with local environmental consultant. No endangered species on the site. The US Army Corps of Engineers will be reviewing this as well.
Sound: Inverters are centrally located so the background noise is less and less as it gets closer to the edges of the property.
Fire Safety: Low grow vegetation will be there in case of fire from neighboring properties. Have met with Fire Chief O’Barr.
Vegetation: This is invisible from the road with a 200 foot setback including a 50 foot buffer.
Stormwater: The Georgia Department of Natural Resources have reviewed this project. The Army Corps of Engineers will be heavily involved in this project. There are many federal permits that will be required along with daily reports during the building. He said that there will be no impact on local waterways. He showed photos from a recent construction.
24 million dollar property tax addition that doesn’t include jobs, etc. that could come from this. He asked for approval tonight.
Ginny Blakeney to represent the IDA. Said that this is a low impact industry to help alleviate taxes, funding for schools, stable fund. 160 million investment in our county with 24 million revenue from revenue. She asked if the board would allow those in support this project to stand. About half of the room.
Kyle Gable from USC Timber said that this would be a great benefit for the county. If we thought this would be bad, we wouldn’t do this.
John Hanson said that it meets and exceeding our requirements. Revenue impact is insurmountable.
David Allen asked commissioners about improving roads, volunteer fire department needs funds, animal control and funding. Need more tax assessors. How are we going to pay for this without raising our taxes? There is an alternative staring us in the face.
Butch Armistead said that he lives next to a solar farm. No smell, no noise, and a win-win for the county.
Teresa Garcia Robertson was also in support.
OPPOSITION
David Gravitt said thank you for allowing him to speak his opinion on this. Concerns: encroaches on homes. He said that this will create noise and they’ve been told that it will be inaudible at the line. It is the equivalent to a diesel truck coming through and he can hear those from his home 340 feet away from the road. He said that it could be a loud, high pitched noise that will never go away. He cited risk to waterways and wells there. We have a right to safe drinking water. Who is responsible for decommissioning this property? He said that $5,000 an acre isn’t enough today, let alone 30 years from today. He said that this project won’t provide any real relief for the county. He asked if the possible negative impact is worth it? He asked them not to approve.
Michelle Gravitt sent a letter and a list of solutions and met with Ginny Blakeney two weeks ago. She said that instead of conditions being met, most were used to attack their problems. She asked how hard it would be to show an pollution increase with their water. It’s not too hard to ask for water testing within a certain radius. She said that we can expect $5.1 million in 20 years without impact fees. $7.9 million in 25 without impact fees. $10.8 million in 30 years without impact fees. She mentioned Flint, Michigan. Said that she is well versed in sustainable industry. Do not destroy 1600 acres and say that this is renewable energy. What will these be cleaned with? Noise inverters will be heard at her home and her neighbor’s special needs child. If you’re making millions of dollars, can you not afford to protect one child? Please consider water testing, water filtration, acoustical barrier, and landscape that is going to make a difference.
Terry Bailey spoke last time and that her home will be surrounded on 3 sides by this solar farm. They have an autistic child. She said that they hear the highway and this will have a constant hum that they will hear. Everyone wants to live in Pike County because it’s a rural area, and we’re going to ruin it. She thanked commissioners for letting her speak.
Marcie Bradberry thanked commissioners for their work for the county. She wondered how many people who stood actually live there. She did not move here to live by a solar farm. She asked them to take more time to look at solutions that citizens have come up with. She said that we need to keep our community ours. She said that if we’re going to do this, let’s do it right. We can’t pass this and then find out what it’s in it. Why does this have to be rushed? She said that you listened to your constituents last time and asked to be sure that we as a county have control of what goes on here.
Michelle Gravitt. She asked how many of Orsted’s solar farms have been constructed in the United States.
Susanne Pitts is all for lowering taxes but said that she will not be able to put in a 10 or 15,000 dollar protection for her water.
David Gravitt said that he does not see anyone but the company making big money on this.
CLOSED THE PUBLIC HEARING - REBUTTAL
Motion for Orsted to come back for rebuttal. Briar asked if this will be a rebuttal or asking questions. 5 minute rebuttal. Approved 4-0.
Newton Galloway said that this could be cleared and agriculture/farming could bring problems. The land is not paved over as an impervious surface. Strong soil, etc. stipulations already on here consistent with Georgia law.
Restoration costs. This is a commercial timber tract. In the study provided to commissioners, the cost is $1,781 per acre, but we are requiring $5,000.
If not water, then a low impact cleaning agent.
The risk of fire is extremely rare.
Property values study. No impact or positive impact on property values.
He asked them to approve with conditions which are stringent.
John Hanson encouraged the board to approve with the reservoir. The City of Griffin is not concerned so we shouldn’t be concerned either. He encouraged them to approve.
OPPOSITION
David Gravitt said that there are house fires all the time. Electrical fires could be a problem with the inverters. Toxins in the air from a possible fire would be a danger to those around it. He said that the City of Griffin doesn’t have anything to do with this. He voiced concern again about the watershed.
Michelle Gravitt said that the product specifications are important and codes have to be 3rd party tested and certified. She is concerned about being made in China. She said that US standards are not held to in China. Impervious surfaces are anything that keeps the water from hitting the ground.
CLOSED PUBLIC HEARING
DISCUSSION:
District 1 Tim Daniel: He asked about the buffer. 50 feet planted buffer if it’s not there already. Fence or buffer on the outside? Setback 200 feet, buffer, then fence, then panels.
Cleaning process? Rain usually cleans the panels. Washed it once a year with just water. There are biodegradable chemicals that can be used that don’t leach into the soil.
Noise? Is there a product to divert noise? We’ve never had a case where we needed sound diversication because it will be a whisper at the fence. You’ll hear the trucks well before the solar farm. Tim Daniel said that they have toured solar farms, and noise didn’t seem to be a problem. At least 200 feet inside of the fence line. Inverters are in the middle of the project.
CM Brandon Rogers said that it was mentioned that the bond would be reassessed at regular intervals. Yes. 5 years.
150 foot setback has been added to Flat Shoals Road.
CM Brandon Rogers asked about the panels. 2018 study showed that glass metal, silicon, steel would have to be ground to a fine powder to be a problem. These panels are used all over the world. There is a Muscle Shoals, Alabama project that is coming online soon. We are not using lesser quality materials because they have to meet a certain standard.
Tim Daniel asked about the money. We have figures that say tax revenue will be about $500,000 per year. The up front fees include a $5 per linear feet of panels roughly about $14,077 million in permit fees. Tax revenues will include a yearly revenue.
Tim Guy said that the new setbacks are great. The decommissioning of the panels. A 3rd party will come in and set the bond every 5 years.
Briar Johnson asked whether there will be another environmental impact study. Yes, there was one done in the last year.
Motion to approve the special exception with additional conditions. Jason Proctor, Tim Guy. 150 on West Curtis and 250 on the other. CM Brandon Rogers and County Attorney Rob Morton asked to clarify the reassessment of the bond every 5 years. Rob made it a part of the record that all documentation be made a part of the record from both sides including constitutional objections. Approved 4-0.
Allowed people to leave at 7:53 p.m.
b. PUBLIC HEARING: To receive public input regarding SE 20-08 – Applicant, Matt Kimbell
and Owner, Ti Amo Per Sempre, LLC are requesting permission to sell used trucks within the
Hwy 41 Overlay District. Property Location: 70 Pike Industrial Way, Milner, GA 30257. Parcel
IDs: 088-042 and 088-042A. Land Lot: 164 of the 2nd Land District. Acreage: 25 acres.
Commission District: 3rd. Commissioner District: Jason Proctor. FEMA Data: Does not lie within
a flood plain.
Action: Discuss/Approve/Deny
This was one of the first projects along the overlay. This must be a special exception. Most of their sales will be online. There will be a fence. Staff recommends approval.
IN FAVOR:
Mike Kimble from K&K voiced his support for this.
Ginny Blakeney spoke on the behalf of the IDA. This was unanimous approval from them as well. They invested and found it to be a suitable request for the county.
OPPOSITION:
None.
CLOSED PUBLIC HEARING.
Motion to approve. Approved 4-0.
c. PUBLIC HEARING: To receive public input regarding REZ-20-03-Christ Chapel Community
Church, owner and applicant requesting a rezoning of the subject property from A-R,
Agricultural-Residential to C-3, Heavy Commercial for the purpose of housing M & H Trim, a
specialty trade shop that processes trim and doors. Property Location: 127 Sullivan Road
Zebulon, GA 30295. Land Lot: 250 of the 8th Land District. Acreage: 5.9 acres. Parcel ID: 069-
012. Commission District: 2nd. Commissioner District: Tim Guy. FEMA Data: Does not lie
within a flood zone.
Action: Discuss/Approve/Deny
Christ Chapel has moved to another location. M&H Trim would like to purchase this. It needs to be zoned property as a commercial business. Planning Commission and staff recommend approval.
IN FAVOR:
Ginny Blakeney said that this would be a good fit with our community and fits with the county encouraging smaller scale family owned operations.
Benny McElwaney. would like to have tax dollars coming into the county where he lives now. He expects growth to come back so they can expand their cabinet business.
OPPOSITION:
None.
Tim Guy thanked the owner for moving here. Tim Daniel said that this is the kind of businesses we want in Pike County. Briar Johnson said that some of the residents went to the Griffin facility because they were concerned and left impressed with the project. The owner confirmed that it was true. Motion to approve. Approved 4-0.
d. Approve/Deny SUB 20-14 – Bowen Jones, owner and applicant is requesting concurrent preliminary and final plat approval for an 11-lot major subdivision to be named “Big Horn” subdivision. Property Location: no address assigned; Caldwell, Glover and Terrace Roads, Zebulon, GA 30295. Land Lot: 129 of the 8th Land District. Parcel ID: 078-045. Acreage: 35.81 acres Commission District: 3rd. Commissioner District: Jason Proctor. FEMA Data: Does not lie within a flood zone.
AR zoning will remain. Each lots will have 200 feet or more of road footage. No changes between now and the final. No discussion. Motion to approve. Approved 4-0.
e. Approve/Deny SUB-20-15 – Terry Duffey, owner and Steve Reeves, applicant are requesting a 3-lot major subdivision with a common private street for access. Property Location: no address assigned; Roberts Quarters Road, Molena, GA 30258. Land Lot: 40 of the 9th Land District. Parcel ID: 058-015. Acreage: 188.80 acres. Commission District: 2nd Commissioner District: Tim Guy. FEMA Data: Approximately 7.5 acres of the northeast portion of the property lies within the flood zone.
If it did not have a private drive, it would have been approved in the office. The county will not maintain the private street for these 5 acre lots and the rest of the 273 acres will be in conservation in a family estate. Flag lots are no longer allowed and there is a required amount of road footage that makes the private street necessary.
f. Approve/Deny SUB-20-16 – Monique Leclerc, owner and Charles Davis, applicant are requesting concurrent preliminary and final plat approval for a second minor subdivision adjacent to a prior minor subdivision within a three-year time period from the same parent tract. Property Location: no address assigned; Woodcreek Road, Williamson, GA 30292. Land Lots: 187 & 188 of the 1st Land District. Parcel ID: 038- 051A. Acreage: 56.72 acres. Commission District: District 4th. Commissioner District: James Jenkins. FEMA Data: Does not lie within a flood zone.
She had a 56 acre tract that she would like to separate into 2 lots. No anticipated changes between now and the final. Motion to approve. Discussion on whether this has to be postponed if the applicant is not here per our code of ordinances. We required another applicant to be here earlier this year in order to get approval. County Attorney reviewed this and advised that they did not have to be here. Approved 4-0.
g. First Reading of Text Amendment of the Pike County Code of Ordinances Title XI: Business Regulations, Chapter 111 Alcoholic Beverages.
There was a workshop held in October and this was on the list. This is an overhaul that is quite comprehensive. This is only a first reading. Changes can be made between now and the next meeting if needed. Question if the Board can approve all 4 at once.
Motion to approve all 4 amendments. Briar read them all. Approved 4-0.
h. First Reading of Text Amendment of the Pike County Code of Ordinances Title IX: General Regulations, Chapter 91 Animal Control Ordinance.
i. First Reading of Text Amendment of the Pike County Code of Ordinances Title III: Administration, Chapter 35 County Policies, Section 12 Intern and Volunteer Policy.
j. First Reading of Text Amendment of the Pike County Code of Ordinances Title XV: Land Usage, Chapter 150 Building Regulations, Section 35 Uniform Numbering System of Identification of Properties and Buildings.
10. PUBLIC COMMENT - None
11. EXECUTIVE SESSION - None
Motion to adjourn. 8:21 p.m.
12. ADJOURNMENT
Agenda subject to revision.
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