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February 25, 2020 – 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 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.
All five commissioners are present tonight along with County Clerk Angela Blount to take the minutes, County Manager Ron Alexander, and County Attorney Rob Morton. The room is probably about 2/3 of the way full with people wanting to speak in the public hearings or watch the proceedings tonight.
1. CALL TO ORDER………………………………………………………..Chairman J. Briar Johnson
2. INVOCATION……………………………………………………………………….Karen Brentlinger
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 February 12, 2020, 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 March. Revenue/Expenditure Statement and Detail Check Register is included.
b. County Manager Report
Update on County finances for the following funds/accounts:
General Fund ............................................................................................ $4,901,630.52
Fire Dept. Donations ........................................................................................ $6,167.93
BOC – Jury Account……………………………………………………………...$0.00
Cash Reserve Account ........................................................................ ….....$107,547.56
Pike County CD Special Revenue funds………………………………………….$0.00
Jail Fund ........................................................................................................ $28,238.41
E-911 Fund .................................................................................................. $142,303.83
DATE Fund ................................................................................................... $51,472.25
Juvenile Court Fund ....................................................................................... $11,145.69
Residential Impact Fee ................................................................................ $706,461.84
Commercial Impact Fees ............................................................................... $89,819.06
C.A.I.P FUND ............................................................................................. $180,931.63
eneral Obligation SPLOST Tax Bond Sinking Fund, 2016……………..$766,919.96
L.M.I. Grant (DOT) ..................................................................................... $135,265.83
c. County Manager Comment
Attended a GDOT meeting concerning HWY 19 and 109. Both projects will begin last part of March or beginning of April and might run as long as 150 days.
[Note from the Editor: (This information is from the County Manager Report from February 21, 2020.) I attended the GDOT/CW Mathews preconstruction meetings for the re-paving of 19 and 109. Both projects are antipated to commence the last of March/early April. Both projects have a 150 day paving timeline from start to completion. There will be some additional time needed for striping and such, and the County will be updated as we know more. I have requested more information, and staff will provide more details once we have them.]
Staff is running on RFP's for Concord Bridge Road.
Fire Dept working on a grant to acquire a couple more vehicles. These are matched grants and more information will be forthcoming.
Budget request deadline was today. He will start compiling this next week.
Qualifying runs from March 2 through noon on the 6th.
Staff has asked for Open Records training. Two sessions on March 5 and will be held here in Pike.
The county has applied for a grant for an internship with ACCG but was not chosen.
Old Zebulon is next on the list for improvements. Friendship has been addressed. CM Alexander said that he, the County Attorney, Public Works, and Planning and Development have been working on the county's way of improving and maintaining roads.
Staff including the county attorney, Public Works Director, Planning and Zoning Director and the County Manager are meeting with GDOT and local contractors about resources for funding.
[Note from the Editor: (This information is from the County Manager Report from February 21, 2020.) Staff is working on the RFP (Request for Proposal) for the Concord Rd. bridge repairs mentioned at the last meeting, and will update as that progresses.]
d. Commissioner Reports
Jason Proctor requested that we start getting reports from Building and Grounds and Public Works. He asked for a list of assets for the county.
e. County Attorney Report to Commissioners.
Rob said that we received a summary on the opiod litigation. 98% of the 34,458 groups suing have opted to stay together as a group rather than suing individually. We haven’t received any settlement offers yet. The Perdue-related companies have filed for bankruptcy protection and proof of claims are due on June 30, 2020. Ohio lawsuit will begin a 4-5 week trial in November of 2020. West Virginia has also filed litigation but has not been scheduled for trial.
CM Alexander has been meeting with County Attorney Rob Morton, Planning and Zoning Director Brad Vaughan, and Public Works Director Todd Goolsby on road issues including Fossett Road. Rob has been asked to complete title searches for Fossett Road which includes about 10 to 20 parcels. Rob has also met with Tax Assessor Greg Hobbs on Tax Assessor issues as well as the title searches that are ongoing.
He prepared a Memorandum of Understanding between the Pike County Water and Sewer Authority and the City of Zebulon in regard to providing utilities to the VA project. Certifications are being required and the City of Zebulon and WSA have both signed onto this project.
He researched and provided a legal opinion for the Joint Board of Elections and Registration.
He attended Planning and Zoning and Board of Appeals meetings and spoke with Planning and Zoning Director Brad Vaughan regarding various issues.
He has been involved in prosecution of county ordinance violations in Magistrate Court as well as preparing for items needed for animal control violations in Superior Court.
Zoning map and text amendments are coming for the county in the near future.
He reviewed the annual transit system agreement.
And Rob said that his son is going off to serve our country. He reports to Naval RTC/boot camp tomorrow. He asked for prayers for his son and all who are serving our country.
8. UNFINISHED BUSINESS - None
9. NEW BUSINESS
a. Consider two appointments to the Pike County Family and Children Services Board to fill a five-year term set to expire December 31, 2024. Applicants have met criteria.
Kevin Cress and Mitch Turner. Both candidates have been interviewed and are very well qualified. Staff recommends both. Motion to appoint both. Approved 5-0.
b. Consider Tax Refund Application from Timothy R. Francis in the amount of $298.86.
Tax Assessor Greg Hobbs spoke. This property had a house started in 2014, finished in 2015. In 2019, he said that we were overcharging the owner for square footage. It has been corrected for 2019. He is eligible for 2016-2018. Motion to approve the refund. Approved 5-0.
c. PUBLIC HEARING: To receive public input regarding REZ-20-01 – Owner Janet Whitley and
Applicant Mark Whitley are requesting the parcel to be re-zoned from A-R (Agricultural-Residential)
to C-2 (General-Commercial). The purpose of this request is to build a roughly 3,000 square ft.
structure to house an antique store. The property is located at 14814 US Hwy 19 Griffin, GA 30224,
Land Lot 104, District 2, Parcel 074-100.
Action: Planning Commission did not return a decision; this will only be a public hearing, no
decision can be given until 30 days after 2/13/2020.
Briar explained that this is 20 minutes on each side. Then it will go the commissioners for discussion.
Planning and Zoning Director Brad Vaughan said that this is in the overlay district that it must abide by if it is approved. There is an older house and accessory buildings that will need to be demolished. The Whitleys want to do this, and it doesn’t necessarily fit in the AR. This is where you would like these type of properties. Manufacturing to Planned Residential as well as C2 and C3 zoned properties. This is two acres. Commercial property needs 10,000 square feet and 100 square feet of road footage. There are design standards with the overlay that include buffers. It fits within the Comp Plan and Zoning Map. He said staff recommendation is to approve.
He then advised what happened in the Planning Commission meeting when this was discussed. There was a motion to reject and a motion for approval from the Planning Commission and both died for lack of a second. If incapable of making a decision, then the commissioners can make the decision and the decision of the commissioners will be ok’ed automatically by the Planning Commission.
IN FAVOR
Janet Whitley spoke first. She is one of the owners of the property with her husband Mark being the other. She wants to run an antique furniture shop. Never open on Sundays and wants a front porch with rocking chairs. She wanted to keep the house, but it will cost more to remodel than to build something new. She is going to try to keep as much of the old building as possible… mantles, wood, etc.
Mark Whitley spoke next. He said that this has been her dream and that she loves to restore furniture and they need a place to sell it. It was advertised as potential commercial. Mark spoke with Brad Vaughan before they moved forward. He provided maps to the commissioners that showed the neighbors including the Waller Well building. There are several commercial properties close including Thomas Tire, etc. The property is approximately one mile from 19/41. He read from the Overlay District ordinance as well as the Comprehensive Plan from 2007. Both mandate how land can be used in certain places around the county. It is within the Arterial Overlay, within the Carver Road Commercial Industrial Node, and there are several businesses around there from Coker Pediatric up the road to Thomas Tire. This fits development patterns within the county. He included a copy of a picture of the building that they are wanting to build. It has a rural type feel with a front porch with rocking chairs.
Lora Ballard Johnson spoke and said that she has marketed properties for sale that are along the Overlay. There are approximate 50 tracts as well as others that may be marketed similarly. Difficult to market as family along the highway. C2 is consistent with what is expected along the Overlay Corridor.
Keith Ballard and Holly Chapman and they are in favor of the zoning.
Steve Reeves also spoke in favor. He also spoke during the town hall (which I did not attend). We have a Comprehensive Plan that has been adopted and is law in the county. It is used as a guide for rezoning cases and by those who are looking to buy property as a way to find commercial and a way to know if something could become commercial at a later point. He asked commissioners to use the Comp Plan as a guide.
OPPOSITION
Debbie Gibson owns property that borders this property. She has owned the property for about 25 years. The only thing touching the highway is her driveway. No one is going to want buy her property and said that her property will be worthless. She said that the house was not abandoned there and sold out from under the elderly people living there. A neighbor who lived next door tried to buy the property. She said that Bertram’s uses the Waller Well across the road. She said that there is a special events and wedding venue, but it looks like every other driveway. She maintains that it is a dangerous place to turn in and out of. Lots of accidents there at Carver Road and Hwy 19. She said that she doesn’t know the Whitleys and this not personal. She said that once this is filed C2 there is no going back. She asked commissioners to consider the names on the petition as people who would fill up the middle section in the courtroom. She asked commissioners to do unto others as they would have done to them.
Jeff Ray owns a nearby property. He presented commissioners with a copy of the map as well as ordinance showing that the new house will have to be close to his house. He said that he’ll be looking at the back of this. He said that he will be landlocked and no one will want to buy it. He has a list of homeowners in the area who live there who signed the petition. He said that he thinks it will harm his property. He asked that the names be part of the record. [Note from the Editor: There were 17 names presented to commissioners with County Clerk Blount advising Pike County Times that one of the name was Mr. Ray.]
Brent Taylor said that she is concerned about this. Ms. Gibson taught her children and she drove over to see Ms. Gibson’s concerns. She said that you cannot see well there. She said that she is for people making their dreams come true, but she said that this is a safety hazard. She said that she feels sorry for Ms. Gibson and Mr. Jeff because of their location of their property. Once this is established as C2, what is coming next to the front of their property if it closes. Brent emphasized people coming onto the road there and the safety aspect of the property.
Shirley Gowan said that she is trying to preserve land along Hwy 19 as long as possible. There are a lot of wrecks at Blue Flame down where she owns property. She has lived here and raised a family here since the 1940’s.
Michelle Lee lives off of Patton Road and said that this is a dangerous place to put an antique store. She suggested being on the square instead. She said that she has seen several bad wrecks there.
Jeff Ray asked to speak again and said that the application was made on January 3. The letter was postmarked on February 6. He said that there should have been 2 ads in the paper and it did not come out until the week after the Planning and Zoning meeting. He asked about the process on this and whether it needed to begin again because of the 15/45 day rule.
Rob said that Mark Whitley reserved his 3 minutes for rebuttal. Mark said that they spoke to some of the property owners around the property including Mr. Ray. He said that they tried to talk to Mr. Ray again later on. He said that they spoke to someone at the Gibson residence. He said that they are trying to be a good neighbor.
Rob said that several documents have been received including photos, maps, a packet from Mr. Ray and signed letters from community members. A notice of constitutional objection has been received as well. He said that it’s not a threat, but it is required to be received now. The IDA has sent a letter in support of the rezoning. If the Planning Commission did not forward a recommendation, after 30 days it will be deemed approved by the Board of Commissioners if the Commissioners approve.
James Jenkins asked about the implied approval. Brad advised that this is from our ordinances. Brad explained that this is the closest thing to a pocket veto.
Commissioner Jenkins said that there is an issue about 50 feet down his driveway from washing there that comes through is front yard from the sloping of neighboring property there. He said that you cannot see people coming from the south and asked if a deacceleration lane is a part of the development. This will be dealt with when it goes to the next step if it is approved. Brad said that there will be a 25 foot buffer on each sides that will also deal with the erosion there. CM Alexander said that the DOT will also have to approve plans.
County Attorney Rob Morton read Chapter 156.28(g)… If no recommendation from the board within 30 days, the BOC will assume that the Planning Commission approves.
Tim Guy wanted some time to go out and check this.
Briar Johnson asked about the C2 rezoning. 1 ½ acres that could be used for future planning. He asked about fencing and whether it would have to come before the commissioners again before fencing went up. There is only so much building that can go there. The office space could be rented to someone else. Briar was very concerned about Mr. Ray’s comments about publishing and making sure that everything is legal. Rob Morton said that the advertising be not less than 15 days and not more than 45 days from the final decision per state law.
d. PUBLIC HEARING: To receive public input regarding SE-20-01 – Applicant/Owner Niles Murray
and David Aldridge are requesting a special exception to allow for agricultural uses within a named
neighborhood. The property is located at 911 Fossett Road Concord, GA 30206, Land Lots 44,52, &
53, District 9, Parcel 055-008.
Action: Discuss/Approve/Deny
This is similar to the Bowen Jones property from last year that was approved last year. The land will be split 12 times will an additional plat. This contains 16.1 acre to 47.2 acre plots and is considered a major subdivision. Our ordinances say that this would not allow livestock. Brad said that he thinks this should be restricted to medium and high density. They are asking for AR to be reinstated if this is approved.
IN FAVOR: None.
OPPOSITION: None.
Discussion: Tim Daniel said that is very similar to New Hope Road and that if he had 16 acres and wanted some goats, he should be able to do that. Motion to approve. Approved 5-0.
e. PUBLIC HEARING: To receive public input regarding SE-20-02 – Applicant/Owner Twilla Porter
is requesting permission via special exception to operate a general home occupation (tax
prep/accounting). The property is located at 200 Campbell Rd Meansville, GA 30256, Land Lot
235, District 8, Parcel 071-306.
Action: Discuss/Approve/Deny
In the AR zoning, you can apply for a general home opposition. Minor and general. People are coming and going and you have a business license. There are two others like this and they have annual business license approvals. The Board of Appeals approved with conditions including abiding by the sign ordinance, parking restrictions, limiting to less than 10 cars at one time, and no more than 2 non-residents who will be spending time there. The applicant spoke to Planning and Zoning before doing anything else.
IN FAVOR
Ms. Porter spoke. She said that they worked for Charles Williams and his clients have begged them to stay. The only way to get started is to get started from her home.
OPPOSITION: None.
Discussion: Motion to approve. Rob clarified the staff recommendations and read them aloud. Motion to approve with conditions. Approved 5-0.
e. Approve/deny SUB-20-01 preliminary and final plat for Quail Hollow – Fossett Road.
Preliminary and final plat are anticipated to be the same. We have approved 2 others like this in the past year. 337 acres of forest land. The county has met several time with the owners. They are going to delineate 40 feet to the county so the county can put in proper ditching. Also enough road frontage is being included in case this is ever paved in the future. This is the same property discussed above. 1800 square foot homes or larger. Staff recommends this for approval. Motion for approval. 2nd was given.
Discussion: Tim Daniel asked for an amendment that included stipulating 1,800 feet. Niles Murray said that this won’t be a problem. Tim Guy amended his motion. Niles said that the 40 foot actually on the plat. Briar asked what improvements will be needed for Fossett for these driveways if any. Brad said that none will be required. This is below the 20 driveway number that requires upgrades. There is only 12 plats so there will be no interior road required. Approved 5-0.
f. Approve/deny SUB-20-02 preliminary plat for Harris Estates – Pine Valley Subdivision.
This has no address though it is 72 acres that will be split into 15 plats. This is preliminary only because it may be changed later. 11 are 3 acres or more. 4 flag lots that are larger than 3 acres. The cell phone tower will have to be approved through another process. Staff recommends as a 15 lot subdivision only at this time without a cell phone tower. It will have to be redrawn if a cell phone tower is proposed for later.
Briar asked about 3 or 4 flag lots. There were issues with flag lots on subdivisions in the past. Minimum 40 feet of road frontage and 400 feet of distance between two flag drives. No interior roads are required. James Jenkins asked for a workshop about flag lots. Jason asked and was advised that there is no road frontage on Adams. No square footage on homes yet. Jason would make a motion to do the same as the other with 1,800 square foot homes. Steve Reeves spoke for the owner about the square foot minimums. 1,500 is required now. He said that they might consider bigger. Motion to approve with a stipulation of 1,800 square foot houses. 2nd for discussion. Jason said that he wants to do this and maybe need to look at our codes to change this. Steve Reeves argued that this is why we have county rules to follow.
Rob advised commissioners that they have the ability to put a stipulation on this if you want and objected to the back and forth with Mr. Reeves. Call for a vote. Approved 5-0.
10. PUBLIC COMMENT – None
11. EXECUTIVE SESSION - None
12. ADJOURNMENT
Adjournment 8:05 p.m.
Agenda subject to revision.
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