The Board met at 6:00 p.m. in the Community Room of the North Main Annex.
Chairman Nevil welcomed the guests and called the meeting to order. Commissioner Simmons gave the invocation and the pledge of allegiance.
Ms. Evelyn Wilson performed the roll call of commissioners and staff. The following commissioners and staff were present: Chairman Nevil, Commissioner Gibson, Commissioner Jackson, Commissioner Simmons, Commissioner Smith, Commissioner Tankersley, Commissioner Thompson, County Manager Tom Couch, Parliamentarian and Staff Attorney Jeff Akins, and Zoning Administrator Cheryl Tatum.
Mr. John E. Parrish, Jr. presented to the new Commissioners a replica of the courthouse. To all the members of the Board, he presented a picture “Lessons in Teamwork” from his office to hang in the Commissioners’ office.
Chairman Nevil stated that for public record, the annual announcement for Vice-Chairman, County Manager, County Attorney, and County Auditor for calendar year 2005 must be made, which is as follows: Vice-Chairman – George Jackson, County Manager – Thomas Couch, County Attorney – Charles Brown of Brown, Rountree & Stewart, and County Auditor – Billy Hickman of Dabbs, Hill, Hickman & Cannon.
Chairman Nevil stated there is one change in the General Agenda. Mr. Francisco asked that his rezoning request be heard first to accommodate another meeting he has to attend. Chairman Nevil asked for a motion to approve the General Agenda with the one change. Commissioner Simmons offered a motion to approve the General Agenda. Commissioner Jackson seconded the motion and it carried unanimously.
The first order of business was the approval of the regular minutes of December 21, 2004. Commissioner Gibson offered a motion to approve the minutes of December 21, 2004. Commissioner Simmons seconded the motion and it carried unanimously.
Next item on the agenda was the Public Hearing for zoning matters. Chairman Parrish asked Ms. Cheryl Tatum, Zoning Administrator, to present the zoning items.
Ms. Tatum stated William and Karen Francisco have filed the application with the Bulloch County Zoning Department requesting a rezone from R-25 (Residential – 25,000 square foot lots) to R-2 (Two Family Residential). The intent of this rezone is to build a duplex on the property. The property consists of approximately 0.55 acres. The property is located on Sweetheart Lane in Yorktown Subdivision. The Planning and Zoning Commission unanimously recommended approval of the rezone request. No one signed up to speak in opposition to the request. Mrs. Francisco was present to make the presentation. She stated that several years ago, they bought three duplexes and an empty lot. All the property surrounding the area is duplexes. Commissioner Smith offered a motion to approve the rezone request. Commissioner Gibson seconded the motion and it carried unanimously.
Ms. Tatum stated that Don Marsh, as agent for Gary Martin, has filed the application with the Bulloch County Zoning Department requesting a variance to the fire flow requirements as set forth in the Bulloch County Subdivision Ordinance Section 6.2.2. The property consists of approximately 43.5 acres that is being divided into 19 lots. The property is located on Nevils-Daisy Highway and Indigo Hills Road. This request was tabled at the December Board of Commissioners’ meeting. The Planning and Zoning Commission unanimously recommended approval of the variance request. No one signed up to speak in opposition to the request. Mr. Marsh was present to make the presentation. Mr. Marsh stated they realized that Nevils Community water system has water lines that encompass approximately 80% of the property. Mr. Marsh checked with the personnel over the water system and stated that they may be able to provide between 100 to 150 gallons per minute. The Fire Chief spoke on behalf of Mr. Marsh specifying what kind of trucks and tankers they have and what they are capable of doing. Commissioner Tankersley asked what would happen if one tanker is somewhere else and a house is on fire. The Fire Chief stated that he would call a neighboring station such as Register to help out. Mr. Couch asked what would the response time be from Register. The Fire Chief stated between 6 to 8 minutes. Commissioner Simmons asked if the County would be liable if any house burned down in the subdivision if this request is granted since it does not meet the requirements set forth in the ordinance. Mr. Akins stated that ordinances allow for variances but there must be a justifiable reason for granting it. Commissioner Smith stated that all subdivisions in place meet the requirement. Granting variances would start diluting their ability to maintain integrity of the subdivision system. Mr. Couch stated an opinion obtained by a professional in writing would suffice as justification for granting a variance but the applicant does not have one. Ms. Tatum reminded everyone that the fire station in Nevils is operated by volunteers. No one is there 24 hours a day. They must be paged when a fire is spotted and respond from their home. Commissioner Smith offered a motion to deny the variance request. Commissioner Simmons seconded the motion and it carried unanimously.
Ms. Tatum stated Charles Perry, as agent for Robert & Gerald Dasher, has filed the application with the Bulloch County Zoning Department requesting a rezone from AG-5 (Agricultural-5 acres) to R-25 (Residential-25,000 square foot lots). The intent of this rezone is to develop a residential neighborhood. The property consists of approximately 84 acres out of a 248.69-acre parcel. The property is located on Zettwell Road and Jackie Hart Road. The Planning and Zoning Commission unanimously recommended denial of the rezone request. Several people signed up to speak in opposition to the request. A petition was turned in and forwarded to the Commissioners. Mr. Perry was present to make the presentation. He stated that they originally asked for R-25 but were willing to change it to R-40 because of the complaints from the landowners in the area. Mr. Perry and the landowners came up with an agreement that listed the conditions if the property was rezoned to R-40. There were 21 landowners from Plantation Pointe who signed the agreement. Mr. Perry stated that the other 90+ acres surrounding this property belongs to someone else. Commissioner Jackson asked if there was a road separating the two properties. Mr. Perry stated there’s a county paved road and dirt road that separates the properties. Commissioner Thompson asked if they approached any landowners on Zettwell Road and Five Chop Road about signing the agreement. Mr. Perry stated they did not. Commissioner Thompson asked if the developers even considered the R-80 rezone. Mr. Perry stated they have and that’s not economically feasible.
Mr. Chuck Shield spoke in opposition to the request. He owns 100 acres close to the property in question. He stated that he was never contacted until last week. He stated that at R-40, there would be 62 homes. At AG-5, there would be 16 homes. He stated there is no fire protection around. Mill Creek School would not be adequate in size to handle the new students. He said the property was sold as AG-5 and is prime farmland. He requested the commissioners reject the rezone request.
Ms. Tatum advised that Mike Motes and John Denmark who signed up to speak against the rezone request had withdrawn their names.
Ms. Beth Turner presented pictures of homes and farmland in the area. She and her husband operate a turf farm on the property owned by her father and plan to build a home on the property. She asked the commissioners be aware that this was farmland and said she wants this area to remain rural. She asked the property remain AG-5.
Mr. Ricky Turner said he would like for this area to remain a rural community.
Mr. Rob Sharpe said he lives in Plantation Point across the road from the property. He added that he had met with the developers and they have established conditions for the subdivision. He commented that he has concerns that if the property remains AG-5, anything can happen. He said he is satisfied with the conditions established by the developers and has no problem with the rezone request.
Mr. Dewey Newton said he didn’t want to see bad things happen on this property, such as mobile homes, if it remains AG-5. He commented that mobile homes can bring unsightly conditions. He said the developers have tried to work with the surrounding landowners.
Mr. Mike Motes, who had withdrawn his name, asked to speak. He said some of the lots in Plantation Point are two acres. He stated he purchased sixteen acres to build one house and he strictly opposed the rezone.
Ms. Tatum explained that Plantation Point was begun prior to zoning and wetlands are the cause of the larger lots in this subdivision.
Commissioner Thompson commented he once lived in a mobile home and didn’t see anything wrong in living in a mobile home. He said he had seen a lot of houses which were more unsightly than mobile homes.
Commissioner Smith stated that the integrity of the developers is not in question. On the other side, Bulloch County has strong questions about land use. Agricultural is a main stay in Bulloch County.
Commissioner Jackson asked Mr. Shield if he and others in the adjacent area were actively farming. Mr. Shield stated they were.
Commissioner Smith offered a motion to deny the rezone request. Commissioner Simmons seconded the motion and it carried unanimously.
Ms. Tatum stated that Billy Wayne and Martha Alford have filed the application with the Bulloch County Zoning Department, requesting a rezone from AG-5 (Agricultural-5 acres) to R-80 (Residential-80,000 square foot lots). The intent of this rezone is to divide the property into two separate parcels in order to add another residence. The property consists of approximately 5.82 acres. The property is located on Nesmith Proctor Road. The Planning and Zoning Commission unanimously approved the rezone request with the following conditions: (1) wetlands are to be delineated and (2) sketch plan approval will be required. No one signed up to speak in opposition to the request. Mr. Alford was present to make the presentation. His daughter and son-in-law wants to move from Virginia because of their son’s illness and also so that the family can help out. Commissioner Smith asked if a large portion of this property was in the wetlands. Ms. Tatum stated that according to a soil technician, it is not in the wetlands. Commissioner Tankersley offered a motion to approve the rezone request with the conditions. Commissioner Thompson seconded the motion and it carried unanimously.
Ms. Tatum stated that Joy Lynn Tucker, as agent for Janna Lewis, has filed the application with the Bulloch County Zoning Department requesting a rezone from AG-5 (Agricultural –5acres) to R-40 (Residential-40,000 square foot lots). The intent of this rezone is to divide the property into two separate parcels in order to allow her sister to build on one (1) parcel. The property consists of approximately 2 acres. The property is located on Bennett Grooms Road. The Planning and Zoning Commission unanimously recommended approval of the rezone request with the following condition: (1) one (1) flag lot would be allowed. No one signed up to speak in opposition to the request. Ms. Tucker was present to make the presentation. She asked the Board to grant the request so that she may build a home on the property that was given to her by her sister Ms. Lewis. Commissioner Simmons offered a motion to approve the rezone request with the one condition. Commissioner Smith seconded the motion and it carried unanimously.
Sign-in sheets for zoning issues are shown as Exhibit #2005 – 1.
There were no items under the Consent Agenda.
There were no items under Old Business.
Under New Business was a resolution authorizing the tax commissioner to receive checks for property tax and motor vehicle registrations. Commissioner Simmons offered a motion to approve the resolution. Commissioner Gibson seconded the motion and it carried unanimously. See exhibit #2005 – 2.
Second item under New Business was a resolution on the authorization of checks. Mr. Couch stated the resolution authorizes the Chairman, County Clerk, and County Manager to sign checks on all bank accounts maintained by Bulloch County with the exception of the payroll account. Commissioner Tankersley offered a motion to approve the resolution. Commissioner Simmons seconded the motion and it carried unanimously. See exhibit #2005 – 3.
Last item under New Business was a discussion on a few items. First item of discussion was Black Creek Church Road. Mr. Couch stated that this road is ready to be paved but there is no state aid available. The total project costs approximately $521,000. The County is eligible for over $200,000 in state aid. He stated he would try to wait for the state aid. Commissioner Tankersley asked if SPLOST funds were available. Mr. Couch stated there probably was enough in the funds to do this project and if the Board authorized it, he would use the funds to pave the road. After a few minutes of discussion, Mr. Couch stated that he would bring the subject back up in April after hearing from the D.O.T. and their stance on funds. Next item of discussion was the CDBG applications. The application submitted to the state last year was not approved for the second year in a row. The purpose of this application is to receive a grant to renovate the old William James Gym. There were some mechanical errors with the application, one being that the school board thought it would maintain ownership of the property. Also, the County didn’t have any programs that were already running on the property which made it hard to receive the grant. This item along with discussion of another type of grant that helps homebuyers with down payments will be deferred until the next workshop. The next item for discussion was the workshop calendar. Mr. Couch presented a calendar with workshops scheduled for 9:00 a.m. on January 13th, January 20th and January 27th. He suggested a Special Called Meeting on Thursday, January 13th to consider the GSP bid with a workshop to follow. The calendar will be used as reference for future workshops. Lastly, Mr. Couch stated that meetings in February needed to be changed because of a dinner and ACCG meeting. Commissioner Simmons offered a motion to change the regular meeting of February 1st to February 3rd at the same time and to change the regular meeting of February 15th to February 17th at the same time. Commissioner Gibson seconded the motion and it carried unanimously.
Chairman Nevil asked for any public comments. Ms. Annie Bellinger asked for a copy of the new ordinance on “brown bagging”. Mr. Akins explained this was not a new ordinance but an amendment to the Alcoholic Beverage Ordinance. Ms. Bellinger was told the Clerk would provide her with a copy of the Ordinance and the amendment.
Chairman Nevil asked for other business or comments. Commissioner Smith offered a motion to adjourn the meeting. Commissioner Gibson seconded the motion and it carried unanimously.