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June 27, 2023 at 6:30 p.m.
Courthouse, Main Courtroom, 16001 Barnesville Street, Zebulon, Georgia
Click here to see the documents that have been uploaded with the agenda on the Pike County government page.
Commissioners James Jenkins, Jason Proctor, Tim Guy, and Tim Daniel were present along with County Clerk Angela Blount, County Manager (CM) Brandon Rogers, and County Attorney Rob Morton. Chairman Briar Johnson could not attend this meeting due to unforeseen circumstances. Vice-Chairman Tim Daniel conducted the meeting.
1. CALL TO ORDER ..... Vice-Chairman Tim Daniel
2. INVOCATION ..... Silent Invocation
3. PLEDGE OF ALLEGIANCE ..... Vice-Chairman Tim Daniel
4. APPROVAL OF THE AGENDA - (O.C.G A. § 50-14-1 (e) (1))
CM Rogers asked the Commission to remove Arthur Key from the agenda because spoke at Town Hall. He also asked to remove the Executive Session. Motion to approve all. Approved 4-0.
5. APPROVAL OF THE MINUTES - (O.C.G.A. § 50-14-1(e) (2))
a. Minutes of the June 14, 2023, Regular Monthly Meeting.
b. Minutes of the June 14, 2023, Executive Session.
Motion to approve all. Approved 4-0.
6. INVITED GUEST
a. Donna Chapman and Greg Hobbs to discuss elderly exemptions.
When people received their L-4 upfront, they were told that they did not have to reapply. The L-7 exemption that was passed in November requires those 70 and older to apply for it, and it is not the same thing as the L4. A lot people don’t get the paper or go on social media. There was a lot of confusion on this. It is my understanding that we have to come to you to ask you to help those who are 70 and older and have met the income requirements and didn’t realize what they had to do to get it. If we can give them the extra $20,000 exemption, they will be paying about $500 more and with state home exemption they will probably even out. Tax Commissioner Donna Chapman said, The elderly are my heart. This is taxpayer friendly. Just the right thing to do.
When people come in and speak to us, we didn’t know that we had to come back and reapply. We don’t get the paper. So how can we help? Speaking as the Chief Appraiser, in order to help those who flat out did not understand and already qualified, can we extend the deadline? This is a taxpayer friendly gesture. Is it something that people will appreciate.
Commissioner Daniel: Is this something that we can approve tonight? County Attorney Morton: They are following policy. You can entertain a motion to authorize Greg to allow them to get signed up for the senior discount. Commissioner Jenkins: A lot of people don’t understand that this is income based.
Motion to allow people who are already qualified for L-4 exemptions and are over 70 years of age to get this exemption, as long as they apply for it by July 24 which is the deadline for the appeals. Approved 4-0.
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 July. Revenue/Expenditure Statement and Detail Check Register are included.
Motion/second by Commissioners Guy/Proctor to accept the Department Reports, motion carried 4-0.
b. County Manager Report
Update on County finances for the following funds/accounts:
General Fund ..... $3,757,004.60
Fire Dept. Donations ..... $9,222.83
Cash Reserve Account ..... $467,641.47
Jail Fund ..... $32,074.68
E-911 Fund ..... $591,277.39
DATE Fund ..... $39,277.81
Juvenile Court Fund ..... $13,738.17
Residential Impact Fee ..... $1,142,954.45
Commercial Impact Fees ..... $166,276.28
C.A.I.P FUND ..... $345,333.26
General Obligation SPLOST 2022-2028 ..... $1,391,554.71
L.M.I.G. Grant (DOT)..... $721,906.82
c. County Manager Comment
Reminder that the Board approved July 3 off so off July 3 and 4.
Sent an email for annual contract for 3 Rivers. Slight change for transportation. Only change is that they were doing 3rd party before and now doing in-house. Need to get this signed. Motion to approve and authorize the Vice-Chair to sign (in the Chair’s absence) so this can begin on July 1. Approved 4-0.
Received the updated resolution from ACCG on Defined Benefits Pan. 2% contribution on employees has been kicked around. It’s a simple document with one change that it’s a requirement for the 2%. Need to sign and send it back to ACCG. Motion to approve the resolution and adoption of amendment #1 and allow the Vice Chair to sign in absence of the Chair. Approved 5-0.
Yesterday, Pike County was approved for the loan that we asked for to complete LMIG projects at once. Also received almost a million in grant funds that do not need to be matched. We can do all of the work up front and maybe finish before the end of asphalt season next year. LMIG funding will cover all of the payments so no increase in taxes to the citizens. It was a good win for us yesterday. pikecountytimes.com/secondary/award6.29.23.html [Note from the Editor: This was a VERY big deal for the county. I was advised by someone in state government that this is the first time that a non-metro county has received this type of grant.]
d. Commissioner Reports
Jenkins. When do we expect the Digest to be back? Depending on the appeals and how long it takes to walk through them, we won’t have anything for 45 days. July 24 will be the date to know how many appeals we are dealing with.
e. County Attorney Report to Commissioners - None
8. UNFINISHED BUSINESS - NONE
9. NEW BUSINESS
a. Consider use of Courthouse Grounds from Bryan Richardson with Pike County American Legion Post 197 on Monday, September 11, 2023, from 8:00 a.m. – 4:00 p.m. for Patriot Day (9-11) Observance Static Display.
Annual event. Recommended approval. Approved 4-0.
b. Approve/Deny J. Joel Edwards Library use of Impact Fees for new materials in the amount of $15,000.
b. This was brought up in budget talks. Found that we could purchase materials with Impact Fees. Clarification. This will not be spent all at once. They will get a little now and some later and whenever throughout the year as they need it. Motion to approve. Approved 4-0.
c. Discussion of the scheduling of the Main Courtroom at the Pike County Courthouse.
We received a letter about conflicts due to court scheduling. July 10 is the first. The Clerk of Court thinks that she can push the courts a little later. The August 9 meeting will not be able to be held that week because there is court that entire week. Cancel, move to another date, meet in another room? There is a chance that Magistrate may be using it that day. They have arraignment at 10 a.m. We can keep the agenda light if needed. The last meeting in July will be about a week ahead of this meeting, but it is impossible to know for sure. We will plan to move to the small courtroom at 9 a.m. and keep it a light meeting so we can be out of the room by 9:45 a.m.
d. Approve/Deny the Pike County Transfer Station Contract for Fiscal Year 2023-2024.
Agreement from the county attorney on this for the lease of the operation of the Transfer Station. There are two things that need discussion. 1) payment from the Transfer Station. Monthly or annual for the $10,000. 2) Amwaste is responsible for updating the Recycle Building. Asked to start the time as of July 1 and have 30 or 60 days for the improvement plan. Morton. May be paid in monthly… Might not need to be change. The RFP said that within 30 days of the award of the bid. Allow 90 days from July 1 for the improvements to the Recycling Building. Contract will start on July 1. This will have 3 annual renewals with a 90 day out if we choose to break the contract. Any increase has to come before the BOC.
e. Discussion of Highway 18 and Hill Street Intersection.
e. We have made some progress on this realignment. The property owners talked to him about 6 months ago. They want to offer us the entire triangle. We can clean up with it, do ditching, etc. Working on a transfer of property on this. Our plans are to bring the road out to a 90 degree. DOT had a hard time with this because of the curves in the road. They are going to move it down toward Concord for better visibility. People coming from Concord and make that turn will be helped with this too. There will be a decel lane there too. Tentative agreements with DOT. Public Works is going to do a lot of the work to try to keep the cost down. There is $50,000 set aside for this. This is an update. No action needed. Motion to approve the purchase of the .2 acres of the right of way so the surveyor can file the plat. Motion to approve the purchase of 0.2 acres or $2,000 for this right of way. Approved 4-0.
f. Discussion of the Defined Benefit Employee Contribution.
This is done from CM Report.
g. Second Reading of the Fire Protection personnel hours.
2nd reading of Fire Protection Personnel Hours. 1st reading was at the last meeting. New ordinance to show the definition of FT and PT. Motion to approve 2nd reading. Approved 4-0.
PUBLIC HEARING
20 minutes for in favor and 20 minutes against. Then close the floor and the commissioners discuss and take action.
h. PUBLIC HEARING: To receive public input regarding Text Amendments related to HB 1405 and changes to Zoning Procedures Law.
Related to HB 1405 related to notification, special exemptions becoming a quasi-review. Must be approved by July 1 even though in the process of changing our code in order to be in compliance with state requirements. Special exceptions will be Special Use and the same as before. Goes to Planning and Zoning Board first and then to the Board of Commissioners for final approval.
Changes in timing and notification requirements.
IN FAVOR: None
AGAINST: None
Public Hearing closed.
i. Second Reading of the Text Amendments related to HB 1405 and changes to Zoning Procedures Law.
Motion to approve the 2nd reading. Approved 4-0.
j. PUBLIC HEARING: To receive public input regarding SE-23-03 - Bradford S. Gregg applicant and owner request a special exception for property located at 108 Scott Road in Land Lot 170 of the 1st Land District, further identified as Parcel ID 025 016 D. The property consists of 3.83+/- acres. The special exception is to allow the rental of a guest quarters in the A-R zoning district. Commission District 2, Commissioner Tim Guy.
Planning and Zoning Director Jeremy Gilbert. The requests are special exceptions for properties owned by the same person and next to each other. Based on the zoning ordinance under permitted uses, the ordinance does not allow the rental of guest quarters but does allow guest quarters. Not a permitted use. Criteria outlined in the ordinance. Is it contrary? Yes. Are there any violations? There was a complaint to Code Enforcement which prompted this request to the county for a special exception.
Planning and Zoning Board and Planning Director have recommended approval.
Received a Constitutional Objection, etc.
IN FAVOR:
Brad Gregg. Built them as a place for workers to stay when working on the land. We had a late freeze and our business is not open this year. I am trying to recoup some of the cost of construction. During most of the growing season, the workers will be living them. He wants to get this for later on down the line. He feels like this is a good cause for the special exception. Both of our mothers are older and needing more care. We may need it for those giving 24 hour care.
Newton Galloway. Attorney on this. Appreciated them combining the hearings. This has become more of a problem than he expected. If he can’t use it for his guest workers and he can’t rent it when they are not here, there is no use for these properties. Gave them a power point to look at. They are compliant with exception of whether it can be rented at all. When looking at Special Exception requirements, there is only one issue here. It is not tied to hardship, but these are allowed under the ordinance and would satisfy everything except whether they can be rented. Concern about rentals spreading but asked for condition to tie this to Mr. Gregg. Heard that this is here in Pike County already for Pike County seasonal workers.
Valid user regulation. Maybe a relative would be acceptable. No definitions for mother-in-law suite, family relationship, etc. Milton Freedman said that there is no such thing as a free guest quarters. If you can’t rent it, even if it’s for a relative, it’s still not necessarily free. But the ordinance doesn’t allow for rental. There is compensation for his workers so it’s not free and is not going to be free. All property is about a return on equity.
Proposing. The property is isolated and he does not have a need for the workers. Maybe a time restriction of 3 years and make him come back at the end of that time if he wants to do this again.
OPPOSITION: None.
Closed the public hearing. Discussion.
Guy. How was this set up to begin with? Gilbert. Purchased as an accessory structure permit to be used as guest quarters. We have a definition for accessory structure. Have you ever had this issue before? We have had people ask to build smaller structures but not guest quarters as rental property. Based on the information collected as far as guest headquarters and working, but I have to go with it being rented and policy, I would have to go with the ordinance here because if we don’t, we are going to open a can of worms for Pike County. Motion to go with policy and deny this special exception. Guy, Proctor. Denied 4-0.
k. PUBLIC HEARING: To receive public input regarding SE-23-04 - Bradford S. Gregg applicant and owner request a special exception for property located at 6282 GA Hwy 362 in Land Lot 170 of the 1st Land District, further identified as Parcel ID 025 016 D. The property consists of 3.32+/- acres. The special exception is to allow the rental of a guest quarters in the A-R zoning district. Commission District 2, Commissioner Tim Guy.
Motion to go with policy and deny this special exception. Guy, Proctor. Denied 4-0.
l. PUBLIC HEARING: To receive public input regarding REZ-23-07 - Wilson Contracting owner and Randy Davis applicant request a rezoning from A-R (Agricultural-Residential) to R-18 (Single-Family Residential 1,800 square feet) for property located at the corner of Hemphill Road and Shackleford Road, Griffin, GA 30224, in Land Lot 135 of the 2nd Land District, further identified as Parcel ID numbers 086 032 and 086 031. The property consists of 7.66+/- acres. The request is to allow 2-acre minimum lot sizes. Commission District 4, Commissioner James Jenkins.
Rezoning for property. 7.66 acres. AR to R18 for 1800 home size with 2 acre minimum. Could be developed but would only have 2 acres because AR requires 3 acres. Area around there is 2 acres because AR used to have 2 acre minimum.
Staff recommended approval with one requirement.
No vinyl siding except for eaves and soffits. Must build with brick, stucco, etc.
IN FAVOR: None.
OPPOSITION: None.
Closed the public hearing. Motion to approve with recommendations of staff including building requirement. Approved 4-0.
"Condition is as follows: [from the Post Agenda]
1) All structures must be constructed of brick, stone, stucco, or cement fiber board or any combination thereof. No vinyl siding shall be allowed, except in the eves and soffits."
m. PUBLIC HEARING: To receive public input regarding REZ-23-08 - County initiated rezoning for all tracts of land located in Unincorporated Pike County that are/were zoned DR-6 (DR-6 Zoning was previously repealed) according to the Official Zoning Map for Pike County. The requested rezoning is from the previously repealed DR-6 to R-18 (Single-Family Residential 1,800 square feet).
Gilbert. County initiated rezoning. We had an application come in for DR6, but it had been repealed. At that time, there was no assignments for this particular case. Currently 19 plats showing DR6 repealed. Of those 19, 14 have structures and only 5 remain vacant since 2009 repeal. Staff looked at R18 as the best for this with 2 acres. These would be legal non-conforming structures. If buildings are destroyed, have to rebuild an 1800 square foot home to meet today’s ordinances.
Planning and Zoning also recommended approval. Staff recommends approval.
IN FAVOR: None.
OPPOSITION: In favor.
Closed the public hearing. Discussion. Property owners had a problem with this? Gilbert. Did not send anything out on this. Procedure requires this to be in the paper. Morton. Have not received notice of opposition, but a property owner has tried to get a permit under the old ordinance which was denied. Morton. A special use permit can be authorized under R18 if not permitted as a special use.
Newton Galloway asked to speak. Commissioners started to make a motion to allow him to speak, and County Attorney Morton advised that there was an appeal to the denial that Galloway wanted to point out to the commissioners.
Motion to go approve to go to R18. Approved 4-0.
10. PUBLIC COMMENT (limited to 5 minutes)
a. Arthur Key Jr to address the Board regarding repairs on Motes Road.
Removed from the agenda.
11. EXECUTIVE SESSION
a. County Manager Brandon Rogers request Executive Session for consultation with the county attorney, or other legal counsel, to discuss pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the county or any officer or employee or in which the county or any officer or employee may be directly involved as provided in O.C.G.A. § 50-14-2(1), germane to pending or potential litigation.
Item removed from the agenda.
12. ADJOURNMENT
Motion to adjourn. 7:41 p.m.
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