9/18/2018 BOC Regular Session Minutes
GORDON COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING MINUTES
SEPTEMBER 18, 2018
The Gordon County Board of Commissioners held their Regular Meeting on September 18, 2018 beginning at 6:00 p.m. in the conference room of the Administration Building.
BECKY HOOD, CHAIRMAN
CHAD STEWARD, VICE CHAIRMAN
NORRIS SEXTON, COMMISSIONER
KEVIN CUNNINGHAM, COMMISSIONER
BUD OWENS, COMMISSIONER
JIM LEDBETTER, COUNTY. ADMINISTRATOR
ANNETTE BERRY, COUNTY CLERK
Chairman Hood called the meeting to order.
Commissioner Sexton read the list of employees with anniversary hire dates in September. Commissioner Owens drew the name of Keith Henson with the Sheriff’s Department as Employee of the Month for September.
APPROVAL OF MINUTES
Chairman Hood asked if there are any additions, omissions, or deletions to the Minutes for the Work Session August 21, 2018, and the Regular Meeting August 21, 2018. Commissioner Cunningham made a motion to approve the minutes. Commissioner Steward seconded the motion and Commissioners Cunningham, Owens, Sexton, and Steward voted aye. Motion approved.
Commissioner Owens commented that he had helped the Fair Association complete another successful fair in Gordon County. Commissioner Steward reported that he had attended the Finance Committee meeting.
PUBLIC HEARING FOR ZONING
Commissioner Sexton made a motion to go into the public hearing for zoning. Commissioner Owens seconded the motion and all voted aye. Motion passed.
APPLICATION #Z18-20 JASON DAVIS AND JAMIE DAVIS’ REQUEST TO REZONE FROM R-1 AND A-1 TO CG GENERAL COMMERCIAL
Administrator Ledbetter read application #Z18-20 Jason Davis and Jamie Davis’s request to rezone from R-1 and A-1 to CG General Commercial. This comes to the Board of Commissioners from the Planning Commission with their recommendations for approval with the stipulation that they meet the requirements from the Gordon County Public Works Department to install a commercial driveway. The applicant had purchased the existing business known as Poarch’s Parts and would like to continue the business but they need to bring the property into compliance with the zoning regulations No one signed to speak for or against the rezoning request.
Commissioner Cunningham made a motion to approve the rezoning from R-1 and A-1 to CG General Commercial with the stipulation that it meet the requirements from the Gordon County Public Works Department to install a commercial driveway. Commissioner Steward seconded the motion and Commissioners Owens, Sexton, Steward, and Cunningham voted aye. Motion passed.
APPPLICATION #Z18-21 WILLIAM BRUCE STOCKS’ REQUEST TO REZONE FROM A-1 TO CH HIGHWAY COMMERCIAL
Administrator Ledbetter read application #Z18-21 William Bruce Stocks’ request to rezone from A-1 to CH Highway Commercial. This comes to the Board of Commissioners from the Planning Commission with their recommendations for approval with the stipulation that when the business ceases operations, the zoning will revert back to A-1. Mr. Terry Brumlow, representing the applicant, came before the Board and explained that Mr. Stocks requests to rezone to C-H the existing barn and land in order to comply with the ULDC and be able to use the barn and equipment for multiple purposes. Mr. Stocks started out as a farmer with a barn for agricultural use and he also has a business where he stores material. He didn’t realize what he was doing was causing an issue and when it was brought to his attention he has taken every step necessary to correct, he has removed all the items until the zoning goes through and he has worked with the Road Department to get all this done. The new residential driveway was to take some of the traffic off the old driveway.
Mr. Scott Burnett spoke in opposition to the rezoning commenting that the business has grown considerably and has generated more and more traffic, they use bobcats and front end loaders to load their dump trucks, they keep material on site to load, this is next door to my house approximately 70 ft. from my house. Mr. Charles Luhrman spoke in opposition to the rezoning due to the new driveway, it will be used for the traffic for the business also. Mr. Stocks will not want all the traffic coming up by his house on the old driveway, it will be coming up the new driveway. Mr. Justin O’Dell, attorney for the Burnette and Luhrman families came forward to represent them in this proceeding. He showed photos of the driveway in proximity to their houses and the type of machinery being moved. The zoning is for a CH, that is a commercial highway – Home DePot gets this commercial designation. This zoning designation is completely incompatible with surrounding properties. One thing that the zoning code would require for a CH is a mandatory buffer. There is zero buffer here. Mr. Stocks is rezoning two acres of the property, CH designation is commercial highway, you are supposed to have 100 ft. of road frontage, what he is not doing, is re-designate the zoning on that driveway, but the new driveway is being used for CH purposes but he hasn’t rezone the 25 ft. buffer width required to maintain. He should be rezoning 25 ft. up that driveway. He is only rezoning two acres around the barn. He would have to meet all the requirements under 4.07.06 in your code. Mr. Will Burnette advised that he is the crew chief for the surveyor, he advised that he surveyed the property and there is a 30ft. buffer around that property. Mrs. Carla Burnett spoke in opposition to the rezoning, the traffic and noise level has grown on that new driveway, traffic coming up so many times each day has decreased our peace and enjoyment of our home. Mr. Ricks Bryant spoke in support of Mr. Stocks, he lives next door to Mr. Stocks and says Mr. Stocks is a fantastic neighbor. Traffic is not as excessive as he is hearing during this meeting. Mr. Brumlow came back before the Board to answer some of the things brought up by the other speakers. The equipment there is multi-purpose, as far as the driveway, Mr. Stocks went to Mr. Luhrman about the existing drive, he has put in hog wire to make sure dogs nor children can get into that driveway and he did that to separate the residential from the commercial traffic as advised by the County. Administrator Ledbetter read and explained the 4.07.06 Buffer and Space Requirements. Mr. Brumlow commented that Mr. Stocks has done everything the County has asked of him. Administrator Ledbetter advised that Mr. Stocks absolutely can operate a farm on this property, he can have driveways on his property pretty much wherever he wants to, we are not discussing whether the new driveway is a nuisance or not, but we are talking about whether this change in the character of the property from agricultural to commercial highway would be, in the Board’s discretion, the appropriate use consistent with the rules in our ULDC. Administrator read parts of the ULDC covering CH zoning. Mr. Bruce Stocks came before the Board to explain more about the rezoning. He commented that this is a business with his son, himself, and two employees, not a big business. I put in the buffer that the county asked me to, the property is in good shape, we spent a week cleaning up and getting rid of stuff. Following a lengthy discussion, Mr. Stocks added that he would buffer the fence line with something that will grow fast.
Commissioner Owens made a motion to approve application Z18-21 with the stipulation of Mr. Stocks’ submission and approval of a buffer that meets the designation requirements of CH zoning, the property owner agrees to utilize the existing commercial driveway for all commercial traffic, and when the business ceases operation, the zoning would revert back to A-1.
Commissioner Cunningham seconded the motion and Commissioner Owens, Cunningham, Sexton, and Steward voted aye. Motion passed.
Commissioner Cunningham made a motion to close the public hearing for zoning. Commissioner Steward seconded the motion and all voted aye.
CONSIDERATION OF UNFINISHED BUSINESS
CONSIDERATION OF NEW BUSINESS
RESOLUTION TO ESTABLISH 2018 TAX LEVY
Administrator Ledbetter advised this is the resolution to establish the 2018 tax levy for Gordon County of 9.631 mills, to include the county school mills of 19.172 for a total net mills of 28.803.
Commissioner Sexton made a motion to approve the resolution. Commissioner Steward seconded the motion and Commissioner Steward, Owens, Cunningham, and Sexton voted aye. Motion passed.
CONSIDERATION OF SBA TOWER SITE LEASE EXTENSION PROPOSAL ANDAMERICAN TOWER SITE LEASE EXTENSION PROPOSAL
Administrator Ledbetter advised that this is the SBA Tower site lease extension proposal for five 5-years lease. Also the American Tower site lease extension proposal is for eight 5-years extension, however, Administrator Ledbetter recommended that the Board approve this for five 5-years extension also.
Commissioner Steward made a motion to approve the proposal from SBA as presented and to approve the proposal from American Tower with the change to the terms from eight 5-years successive terms to five 5-years successive terms. Commissioner Owens seconded the motion and Commissioners Cunningham, Owens, Steward, and Sexton voted aye. Motion passed.
RESOLUTION TO UPDATE AND AUTHORIZE E911 CHARGES ON PREPAID WIRELESS SERVICES AND RESOLUTION TO UPDATE AND AUTHORIZE E911 CHARGES ON OTHER THAN PREPAID WIRELESS SERVICES
Administrator Ledbetter advised that this is a to update and authorize E911 charges on prepaid wireless services, and the resolution to update and authorize E911 charges on other than prepaid wireless services.
Commissioner Cunningham made a motion to approve the E911 resolution for prepaid wireless services and for the resolution for E-911 other than prepaid wireless services. Commissioner Steward seconded the motion and Commissioners Sexton, Owens, Cunningham, and Steward voted aye. Motion passed.
CONSIDERATION OF PROPOSAL FROM PAY TEL COMMUNICATIONS TO AMEND THE INMATE COMMUNICATION CONTRACT AND BUDGET AMENDMENT FOR CONTRACT BONUS TO PURCHASE BODY CAMERAS FOR DEPUTIES
Administrator Ledbetter advised that this is a proposal from Pay Tel Communications to amend the inmate communication contract and to approve the budget amendment to put money back into the Sheriff’s budget for purchase of body cameras.
Commissioner Owens made a motion to approve the proposal from Pay Tell Communications to amend the inmate communication contract and the budget amendment for the contract bonus to purchase body cameras for deputies. Commissioner Steward seconded the motion and Commissioners Owens, Steward, Sexton, and Cunningham voted aye. Motion passed.
BUDGET AMENDMENT FOR TRANSFER OF $1,539 TO ADJUST PRINCIPLE DEBT PAYMENT
Administrator Ledbetter advised that this is a budget amendment to transfer $1,539 to adjust principle debt payment, closing out a 2012 SPLOST line item.
Commissioner Cunningham made a motion to approve the budget amendment. Commissioner Steward seconded the motion and Commissioners Cunningham, Steward, Owens, and Sexton voted aye. Motion passed.
BID AWARD FOR THE PUBLIC WORKS DEPARTMENT FOR AN ASPHALT ROLLER
Administrator Ledbetter advised that this is a bid award for the Public Works Department for an asphalt roller. The recommendation is for the low bid from Border Equipment Company with a total cost including 5-year warranty of $103,209.00. This will come from the 2012 SPLOST budget for roads.
Commissioner Sexton made a motion to approve the bid award to Border Equipment Company in the amount of $103, 209.00. Commissioner Owens seconded the motion and Commissioners Sexton, Owens, Cunningham, and Steward vote aye. Motion passed.
Commissioner Cunningham made a motion to adjourn the Regular Meeting. Commissioner Sexton seconded the motion and all voted aye.
There being no further business, the meeting was adjourned at 7:35 p.m.