GORDON COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING MINUTES
DECEMBER 21, 2021
https://vimeo.com/659136237
The Gordon County Board of Commissioners held their Regular Meeting on December 21, 2021 beginning at 6:00 p.m. in the main courtroom of the Gordon County Courthouse.
MEMBERS PRESENT
CHAD STEWARD, VICE CHAIRMAN
BRUCE POTTS, COMMISSIONER
M. L. BUD OWENS, COMMISSIONER
KEVIN CUNNINGHAM, COMMISSIONER
OTHERS PRESENT
JIM LEDBETTER, COUNTY ADMINISTRATOR
ANNETTE BERRY, COUNTY CLERK
MEDIA
APPROXIMATELY 125 GUESTS
Vice Chairman Steward called the meeting to order.
APPROVAL OF MINUTES
Vice Chairman Steward asked if there are any additions, omissions, or deletions to the Minutes for the Work Session and Regular Meeting of December 7, 2021. Commissioner Cunningham made a motion to approve the Minutes. Commissioner Potts seconded the motion and Commissioners Owens, Potts, Cunningham, and Steward voted aye. Motion passed.
ADMINISTRATOR’S REPORT
Administrator Ledbetter read the report (copy attached).
COMMISSIONERS’ REPORT
Commissioner Owens reported that he attended the General Admin Committee meeting, also attended the annual Christmas Parade.
Commissioner Potts reported that he attended his Committee meeting with his departments from County Public Works, Building and Grounds, and Fleet Management and received updates from each and rode with Mr. Parris out to Harbor Road to see the work being done there, attended the Litter Workshop, met with Matt Dillard with Republic at the landfill. Also he corrected a statement made about the burn band and advised everyone to go to Georgia Forestry Commission for the official rules, you can’t burn what you want to burn just when you want to, so go look at that. Hr also stopped by the Chamber and met with Cathy, attended the Airport Authority Christmas party.
Commissioner commented that he participated in the Christmas Parade.
Commissioner Potts made a motion to go into the Public Hearing for Zoning. Commissioner Cunningham seconded the motion and Commissioners Potts, Owens, Cunningham and Steward voted aye. Motion passed.
PUBLIC HEARING FOR ZONING
Appl. #Z21-28 OWR, LLC’s Request to Rezone from A-1 to I-2 Heavy Industrial
Administrator Ledbetter advised the Board that this is application #Z21-28 and has been requested to be tabled until the January 18, 2022 meeting. Mr. Terry Brumlow came before the Board and advised that his client is requesting this be table until January 18 meeting due to his having Covid.
Commissioner Cunningham made a motion to table application #Z21-28 until the January 18, 2022 meeting. Commissioner Potts seconded the motion and Commissioners Potts, Cunningham, Owens, and Steward voted aye. Motion passed.
Appl. #Z21-29 InLight Real Estate Acquisitions LLC’s Request Rezone from A-1 to L-1 Light Industrial
Administrator Ledbetter advised the Board that this is application #Z21-29 InLight Real Estate Acquisitions, LLC’s Request to Rezone from A-1 to L-1 light industrial which is also related to Applications Z21-30, Z21-40, and Z29-41, these will be heard by the Board all together.
Mr. Terry Brumlow came before the Board to explain the applications for InLight Real Estate. This started back in 2005, part of the property was rezoned back in 2005. InLight came in and offered to buy the larger part of the property. The plans going forward will be not to have any access on Gardner Springs.
Mr. Cary Hall came before the Board and said the biggest problem he had was coming in off Gardner Springs Road and the buffer. Mr. Chuck Dobbins, the broker for InLight said the access to the property will be entered off the by-pass Union Grove Road through Dodds Avenue. The transportation study indicated that, based on the estimated traffic from the traffic engineer, that there were no adjustments needed to be made to the intersections. The turn lanes could handle this development as designed. The developer is working with Calhoun utilities. The intended use for the property is warehousing.
Mr. Brian Duncan, the development project manager for InLight, commented that the current plan shows a 100 ft. buffer along the residential side of the property. It would be of some sort of vegetative to help provide screening.
Administrator Ledbetter stated that he would incorporate all the findings of the DRI, your package of material and the zoning package as part of the record.
Commissioner Potts made a motion to approve Applications Z21-29, Z21-30, Z21-40, and Z21-41 from A-1 to L-1 light industrial. Commissioner Owens seconded the motion and Commissioners Potts, Owens, and Cunningham voted aye. Commissioner Steward opposed the motion. Motion passed.
Appl. #Z21-36 David W. Biggs’ Request to Rezone from R-1 to RA-1 Residential Agricultural Density
Administrator Ledbetter advised the Board that this comes to the Board of Commissioners from the Planning Commission with their recommendations for approval. The applicant wants to put a mobile home on the property. There is no one signed up to speak for or against the request to rezone.
Commissioner Potts made a motion to approve application Z21-36 David Biggs request to rezone from R-1 to RA-1 residential agricultural density. Commissioner Cunningham seconded the motion and Commissioners Potts, Cunningham, Owens, and Steward voted aye. Motion passed.
Appl. #Z21-37 Jerry W. Gravitte’s Request to Rezone from A-1 to C-G General Commercial
Administrator Ledbetter advised the Board that this is application #Z21-37 Jerry W. Gravitte’s request to rezone from A-1 to C-G general commercial. This is 34.0 acres located on Liberty Church Road in Ranger. Mr. Gravitte wants to rezone the property to build a drive-in movie theater. This comes to the Board of Commissioners from the Planning Commission with their recommendations for denial.
Mr. Gravitte and his daughter Ariel Emmons came before the Board to explain the rezoning request and advised that he had searched for two years to have something for families to enjoy, this needs to be in the country and there will be security on the nights when not in use. The total 34 acres will not be used because some of the acres are in the flood plain.
Melissa Vinson, Andrew Swann, Andy Bailie, Paula Wardlaw, and Joe Coots all spoke in opposition to the rezoning request, stating concerns with traffic on such a narrow road and noise, public safety and litter. Melissa Vinson asked – why this piece of land? She asked for all the people in attendance in opposition to stand and approximately 75 people stood in opposition to the rezoning.
Mr. Gravitte and Ariel Emmons came back before the Board and explained that they could not find another location for the drive-in because other locations consisted of too many acres or too few acres and this was their only viable location with the amount of property they needed.
Commissioner Owens made a motion to deny rezoning application #Z21-37 Jerry W. Gravitte’s request to rezone from A-1 to C-G general commercial. Commissioner Cunningham seconded the motion and Commissioners Owens, Cunningham, Owens, and Steward voted aye. Motion passed.
Appl. #Z21-38 Marty Carroll’s Request to Rezone From CG to C-H Highway Commercial
Administrator Ledbetter advised the Board that this is rezoning application #Z21-38 Marty Carroll’s request to rezone from CG to C-H highway commercial. This comes to the Board of Commissioners from the Planning Commission with their recommendations for approval. No one signed to speak regarding the rezoning.
Mr. Marty Carroll came forward to explain the rezoning and advised that this would be an RV resort not a campground, there will be a nice pool and a playground. It will be called Lazy RV Resort. The camping industry is really booming and site-finding one is difficult. Mr. Carroll showed a video of an example of what the property would look like and said that the average stay will be 3 – 4 days, and there would be 68 sites.
Commissioner Cunningham made a motion to approve application #Z21-38. Commissioner Potts seconded the motion and Commissioners Cunningham, Potts, Owens, and Steward voted aye. Motion passed.
Appl. #Z21-39 Bertie Wilson’s Request to Rezone From A-1 to RA-1 Residential Agricultural District
Administrator Ledbetter advised the Board that this is application #Z21-39 Bertie Wilson’s request to rezone from A-1 to RA-1 residential agricultural district. She is looking to build a single family residence. This comes to the Board of Commissioners from the Planning Commission with their recommendations for approval. There is no one signed up to speak for or against this rezoning application.
Commissioner Potts made a motion to approve application #Z21-39 Bertie Wilson’s request to rezone from A-1 to RA-1 residential agricultural district. Commissioner Owens seconded the motion and Commissioners Potts, Owens, Cunningham, and Steward voted aye. Motion passed.
Appl. #Z21-40 InLight Real Estate Acquisitions LLC’s Request to Rezone from A-1 to I-1 Light Industrial
Combined with Application #Z21-29 (see rezoning application #Z21-29 for rezoning hearing)_
Appl. #Z21-41 InLight Real Estate Acquisitions LLC’s Request to Rezone from A-1 to I-1 Light Industrial
Combined with Application #Z21-29 (see rezoning application #Z21-29 for rezoning hearing)
Appl. #Z21-42 Industrial VI Enterprises LLC’s Request to Rezone fromA-1 to I-1 light industrial
Administrator Ledbetter advised that the Board has received a request from William Valentine that this application be tabled.
Commissioner Potts made a motion to table #Z21-42. Commissioner Owens seconded the motion and Commissioners Potts, Owens, Cunningham, and Steward voted aye. Motion passed.
Commissioner Potts made a motion to close the Public Hearing for Zoning. Commissioner Cunningham seconded the motion and all voted aye.
CONSIDERATION OF UNFINISHED BUSINESS
None
CONSIDERATION OF NEW BUSINESS
APPROVAL OF 2022 BOARD OF COMMISSIONERS MEETING SCHEDULE
Administrator Ledbetter advised the Board that this is the proposed 2022 Board of Commissioners meeting schedule.
Commissioner Cunningham made a motion to approve the 2022 Board of Commissioners meeting schedule. Commissioner Potts seconded the motion and Commissioners Owens, Cunningham, Potts, and Steward voted aye. Motion passed.
EXP CONTRACT FOR ON-DEMAND ENGINEERING SERVICES
Administrator Ledbetter advised that Gordon County solicited for on-demand engineering services back earlier in the year and the Board approved two of these services. This is on matters where we need an engineer to call on as needed. We have used EXP a few times so far and EXP wanted to make this into a contract. The contract has the fee schedule attached, the contract looks good. The other engineering service that was approved earlier has not requested a contract as of yet.
Commissioner Potts made a motion to approve the EXP contract for on-demand engineering services. Commissioner Cunningham seconded the motion and Commissioners Cunningham, Potts, Owens, and Steward voted aye. Motion passed
RESOLUTION SUPPORTING REFORM TO GEORGIA’S ANNEXATION DISPUTE RESOLUTION LAW
Administrator Ledbetter advised that this is a resolution supporting reform to Georgia’s Annexation Dispute Resolution law. ACCG has been working on this and have asked us to give our support to it. This would give a little more of a process for the county, right now there is not really a lot of input out there that counties have in annexations. This would maybe provide a little bit more of that.
Commissioner Cunningham made a motion to approve the resolution supporting reform to Georgia’s annexation dispute Resolution Law. Commissioner Potts seconded the motion and Commissioners Potts, Owens, Cunningham, and Steward voted aye. Motion passed.
APPROVAL OF MALT BEVERAGE, WINE, LIQUOR LICENSE RENEWALS AND NEW APPLICATION FOR NEXT YEAR
Vice Chairman Steward asked about Rainbow Corner being on the list. Administrator Ledbetter advised the Board that this is the list of malt beverage, wine, liquor licenses renewals and new application for 2022. Mr. Ledbetter recommended that the Board make a motion to approve all except Rainbow Corner, to pull Rainbow out and make a decision on it separately. Commissioner Potts asked about the difference in the fee for the private clubs. These are private clubs that offer a service of some kind and are considered a charitable organization by providing some type of funding help to underprovided.
Commissioner Owens made a motion to approve the list of license renewals, excluding Rainbow Corner. Commissioner Potts seconded the motion and Commissioners Potts, Steward, and Owens voted aye. Commissioner Cunningham opposed the motion. Motion passed.
Mr. Ledbetter advised that Rainbow Corner had been suspended by the Board of Commissioners for a period of time for a first and second violation of selling to minors. After that suspension was served, there was a particular condition that Mr. Patel would not be allowed to sell alcoholic beverages, he was then arrested and is being prosecuted for two counts of selling to minors again. This Board then revoked the license for Mrs. Patel last summer. Mr. Ledbetter continued the explanation, County ordinance indicates that a licensee that has had their license revoked may re-apply after 30 days have elapsed from the effective date of revocation, such reapplication shall conform with all requirements of a new application including fees. However, further on in the Code it states that a license shall not be issued to any person whose license to sell alcoholic beverages, malt beverages and wine, has been revoked by the licensing authority during the immediately preceding five years. In my opinion based upon the reading of those two sections together, Mrs. Patel is going to have to find someone else to apply for the license because she violated the rules, she was given instructions, given a second chance, then she violated them again. Mr. Ledbetter spoke directly with Mrs. Patel and explained that she is going to have to find someone else to apply because of the revocations before. Under the Board’s rules she cannot apply for five years. Mr. Ledbetter asked that the Board vote this application up or down tonight.
Commissioner Potts made a motion to deny the application for Rainbow Corner. Commissioner Cunningham seconded the motion and Commissioner Potts, Cunningham, Owens, and Steward voted aye. Motion passed.
ADJOURNMENT
Commissioner Cunningham made a motion to adjourn the Regular Meeting. Commissioner Potts seconded the motion and all voted aye.
There being no further business, the meeting adjourned at 7:33 p.m.
