Jackson County Board of Commissioners Meeting Minutes Monday, 6: 00 P. M. The Jackson County Board of Commissioners met on Monday, at 6: 00 p. m. in the Jury Assembly Room at the Jackson County Courthouse, located at 5000 Jackson Parkway, Jefferson, Georgia. Commissioners Present: Tom Crow, Chairman Jim Hix, Commissioner District 1 Ralph Richardson, Commissioner District 3 Marty Seagraves, Commissioner District 4 Commissioners Absent: Chas Hardy, Commissioner District 2 Staff Present: Media Present: Christopher Hamilton, County Attorney Kevin Poe, County Manager Gina Roy, Public Development Director Jamie Dove, Planner Ericka Johnson, Deputy Clerk Alex Pace, Mainstreet News/ Jackson Herald A. CALL TO ORDER: Chairman Tom Crow called the meeting to order at 6: 00 p. m. B. INVOCATION: County Manager Kevin Poe led with an invocation. C. PLEDGE OF ALLEGIANCE: Commissioner Marty Seagraves led the Pledge of Allegiance. D. APPROVAL OF MINUTES: Board Meeting of April 2, 2018: Commissioner Richardson made the motion to approve the minutes for the April 2, 2018 board meeting. Commissioner Seagraves seconded the motion. Chairman Crow called for discussion. Hearing none, the vote was taken and the motion passed unanimously. Vote 4 0) E. CITIZEN INPUT: None
Page 2 of 9 F. REPORTS: None G. RECOGNITIONS, APPOINTMENTS, & SPECIAL ITEMS: 1) ( Presentation) - Empower College and Career Academy: ( Chad Bingham, Dr. April Howard, and April Sorrow) Mr. Chad Bingham provided an update on the Empower and Career Academy coming to Jackson County. The Center will allow business and schools to partner together to further the education of kids to develop a homegrown, workforce in Jackson County. He said last year the group submitted an application for a $ 3 million dollar construction grant with TCSG. Unfortunately, they were not awarded the grant, but TCSG voted to provide help. Training was offered to the board of directors. Since that time, bylaws were developed and they have been passed. They were preparing to submit another application for the next set of four available college and career academy grants in September. Mr. Bingham was confident they would be awarded the grant. A copy of the handout distributed the board was filed in the Addendum Book. This handout provided insight on the program' s foundation, pathways, and proposed timeline for the future. H. CONSENT AGENDA: 2) Proclamation for National Donate Life Month Proclamation: ( Kevin Poe) Proclaim the month of April 2018 as Donate Life Month in Jackson County. 3) Proclamation for Child Abuse Prevention Month: ( Kevin Poe) Proclaim the month of April 2018 as Child Abuse Prevention Month in Jackson County. 4) Surplus Vehicles and Equipment: ( Kevin Poe) Authorize the Purchasing Manager to sell the surplus vehicles and equipment listed on the attached according to the approved process using local advertising and/ or GovDeals.com. 5) Economic Development Services Agreement: ( Kevin Poe) Authorize the Chairman to execute a contract with the Jackson County Chamber of Commerce to provide economic development services to Jackson County. 6) Renewal of Intergovernmental Agreement for Jackson County to Conduct Elections for All Jackson County Cities and Towns: ( Approve an intergovernmental agreement for Jackson County to conduct elections for the Town of Braselton, Cities of Arcade, Commerce, Hoschton, Jefferson, Maysville, Nicholson, Pendergrass, and Talmo for a five ( 5) year term. Kevin Poe) 7) Resolution Approving a Law Firm to Represent the County Against Contributors to Opioid Addiction and Abuse: ( Kevin Poe) Approve the resolution authorizing, approving and directing the employment of Blasingame, Burch, Garrard & Ashley, P. C. to represent the County in potential litigation against contributors to Opioid Addiction and Abuse.
Page 3 of 9 Consent Agenda Action: Chairman Crow removed Item # 3 from the Consent Agenda. Commissioner Richardson then made the motion to approve the balance of the Consent Agenda with the removal of Item # 3. Commissioner Hix seconded the motion. Hearing no discussion, the vote was taken and the motion passed unanimously. ( Vote 4 0) 2) Proclamation for Child Abuse Prevention Month: ( Kevin Poe) Proclaim the month of April 2018 as Child Abuse Prevention Month in Jackson County. County Manager Kevin Poe introduced Michelle Black and Mary Barrett Yancey. He read the proposed proclamation for Child Abuse Prevention Month in Jackson County. The board members came down and a group photograph was taken. Mary Barrett Yancey said as part of a collaborative effort, there was push this year to create an atmosphere for a great childhood. Great childhood t -shirts were made this year. She gave each commissioner one and she encouraged them to wear them on Fridays during the month. Chairman Crow made the motion to approve the proclamation. Commissioner Hix seconded the motion. Hearing no discussion, the vote was taken and the motion passed unanimously. Vote 4 0) UNFINISHED BUSINESS: None J. NEW BUSINESS: 8) Public Hearing) Authorize Creation of Special Tax District for Traditions of Braselton Pod H Phase 1: ( Gina Roy) Authorize the establishment of a special tax district for " Traditions of Braselton Pod H Phase 1" Subdivision. An application has been submitted by Alise Hoffman on behalf of the property owners as a representative of Traditions of Braselton Pod H Phase 1 Subdivision. Public Development Director Gina Roy addressed the board and presented the staff report for a request to create a special tax district for Traditions of Braselton Pod H Phase 1. There were a total of 67 lots within this phase. The special tax district would only include the lots that were vacant. Ms. Roy stated since the proposed tax district was a lot of money to the escrow, the actual applicant had requested that the Contingency in excess of $ 60, 000 be placed in a cash escrow to the County. She noted there was a Cash Guarantee agreement developed. Staff recommended approval with four (4) conditions. 1. Two year tax of $2, 802. 26 on all vacant lots ( to exclude lots 082H 086H and 094H 101 H. 2. That all erosion and sedimentation control and nuisance issues are resolved prior to issuance of any building permits for each individual lot. 3. The roadways must be legally deed to Jackson County prior to any work (to include building or roadway repairs) commencing within the subdivision. 4. A temporary construction easement shall be granted by the property owner to allow for the repair to the roadway, and
Page 4 of 9 5. Sign the escrow agreement as prepared by Jackson County Attorneys and provide a check in the amount of $60, 129. County Christopher Hamilton explained the public hearing procedures. He then opened the public hearing for comment. The applicant was not present. No one wished to speak in favor of the application. No one wished to speak in opposition of the request and the public hearing was closed. A motion was made by Commissioner Richardson to approve the request for the creation of a special tax district for Traditions of Braselton Pod H Phase 1 with the four ( 4) conditions as stated. 1. Two year tax of $2, 802. 26 on all vacant lots ( to exclude lots 082H 086H and 094H 101 H. 2. That all erosion and sedimentation control and nuisance issues are resolved prior to issuance of any building permits for each individual lot. 3. The roadways must be legally deed to Jackson County prior to any work (to include building or roadway repairs) commencing within the subdivision. 4. A temporary construction easement shall be granted by the property owner to allow for the repair to the roadway, and 5. Sign the escrow agreement as prepared by Jackson County Attorneys and provide a check in the amount of $60, 129. Commissioner Hix seconded the motion. Chairman Crow called for discussion. Hearing no discussion, the vote was taken and the motion passed unanimously. ( Vote 4 0) 9) Public Hearing) Request to Abandon a Portion of Possum Creek Road: ( Gina Roy) To consider abandoning a portion of Possum Creek Road. This road is located between US Highway 129 ( Business) and Hog Mountain Road. And, it runs through both unincorporated Jackson County and the city limits of Jefferson, but the portion proposed to be abandoned is strictly in unincorporated Jackson County. County Manager Kevin Poe gave the staff report on behalf of the county. County Attorney Christopher Hamilton suspended the ten minute time limitation for the public hearing. He then opened the public hearing and allowed Mr. Poe to make the staff's presentation. Mr. Poe reported the road was currently closed and had not been used in ten years with no negative affect to the general public. He stated Possum Creek Road was a cut through road between hwy. 129 and Hog Mountain Road. Mr. Poe added there were more than adequate alternative routes available to access this general area of the county specifically Hwy. 129 and Hog Mountain Road. The abutting properties were zoned A2 ( Agricultural Rural Farm District). The Future Land Use designation was a mixture of intensive agricultural, agricultural/ forestry, residential, and commercial. Lastly, the Character Area designation was a mixture of agricultural and urban for those parcels abutting Highway 129). If an application for rezoning were to be submitted for a common development, it was important to note that depending on the use, Jackson County Unified Development Code ( UDC) would require the road to be upgraded by the developer. He added the Chief Appraiser, Allen Sargent, noted that assessed values of the abutting properties were not based off of Possum Creek Road being a public road. Additionally, the bridge on Possum Creek Road was downgraded to a 1 ton rating" based on a field inspection
Page 5 of 9 and recommendation from an independent third party engineering firm, and closed on March 24, 2008. Since that rating, the bridge would not be safe for even automobile traffic. He advised the report was available from Heath and Lineback Engineers, which completed a field inspection and made the recommendation concerning the 1 ton rating. Mr. Poe further stated subsequent to the bridge being closed, Jeff Bridges, the county public works director, received a call from Mr. Randy Moore complaining about the type of people using the road, so due to the bridge' s status, the road was then barricaded at the top of the hill to keep people from making it down to the closed bridge and loitering. Mr. Poe advised Mr. Bridges had not received any additional notifications/ complaints from the public requesting maintenance or asking about the status of the road. Possum Creek Road, during its routine maintenance schedule, was being scraped three to four times a year, but had not been maintained for several years. Further, there had been instances where 18 - wheelers had attempted to use Possum Creek Road as a cut -through to other roads. However, not knowing the status of the bridge, they then had to back- up, damaging adjacent property on the road. Due to this, the Jackson County Road Department reinstalled " bridge closed" and " no thru trucks" signs on November 28, 2017. Mr. Poe informed the board the estimated cost to replace the bridge and upgrade the road to minimum standards would be $ 361, 000 and no money had been budgeted for this type of expense. He also informed the board the Sheriff's Office had provided all incident reports within the past ten years regarding Possum Creek Road. Of the ten cases provided, incident types varied from: missing persons, suspicious activity and vehicles ( gunshots, loitering, individuals parked on the road or right-of-way), abandoned and wrecked vehicles ( close in proximity to the closed bridge or actually in the creek), and damage to property ( where property owners have called regarding the impacts created when an 18 -wheeler starts down Possum Creek Road, only to find out the status of the bridge, resulting in the drive using their yard as a turn -around point). Mr. Poe advised copies of those incident reports were available upon request. He said it was the recommendation of county staff that the portion of Possum Creek Road shown in the survey dated February 9, 2018 by Scott Wood, County Surveyor, be officially abandoned. County Attorney Christopher Hamilton reviewed the applicable law regarding this matter. He said O. C. G.A 32-7- 2 ( b)( 1) stated " When it is determined that a section of the county road system has for any reason ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, the county, by certification recorded in its minutes, accompanied by a plat or sketch, and, after notice to property owners located thereon, after notice of such determination is published in the newspaper in which the sheriffs advertisements for the county are published once a week for a period of two weeks, and after a public hearing on such issue, may declare that section of the county road system abandoned. Thereafter, that section of road shall no longer be part of the county road system and the rights of the public in and to the section of road as a public road shall cease." He moved forward with the public hearing. No one wished to speak in favor of the request. Mr. Hamilton called for opposition. Mr. John Stell, 98 N. Broad Street, Winder, GA addressed the board in opposition on behalf of Mr. Virginia Moore, her son, and the entire Moore family. The Moore family owned property to the south of Possum Creek Road. He reported the road was regularly used by the public for years until the county barricaded it approximately three years ago. He told the commission
Page 6 of 9 since the bridge was barricaded; the Moore family was repeatedly assured the road would be maintained and the bridge repaired. Mr. Stell said the state had previously inspected the bridge and said the headwalls were good; however, the I - beams and decking needed to be replaced. He reported land north of the area owned by Mr. White would be landlocked. The section proposed to be abandoned started at the creek and ended where Academy Church Road abutted Possum Creek Road. Mr. Stell advised this area was being heavily developed as commercial. If the road was open and brought up to standards, it would provide traffic relief for the area, and serve an important part of the economic network, and allow for access for public safety. Mr. Stell told the board Mr. Moore requested the board maintain the road as a gravel road. Mr. Stell asked the board to maintain the status quo of maintaining the gravel road and leaving the bridge barricaded until such time a developer comes forward with a project for this area. Matt McCord, 434 Green Street, Gainesville, GA was present on behalf of Dan and Don White. They were the owners of 69 acres and had over 1, 500' frontage along the subject road. He added if the road was closed, Mr. and Mrs. White would lose a majority of their road frontage. He thought having the roadway open was an excellent opportunity for economic purposes and another route to avoid Hog Mountain Road. Mr. McCord said if the road was closed, it would land -lock the parcel and the owners would see a diminished value on the property. Don White, 924 Stephens Creek Road, Augusta, Georgia addressed the board. He advised if the road was closed, his property would be land -locked. He agreed with Mr. Stell with the suggestion to leave the road open to allow time for him to sell the property in an effort to maintain the value. No one else wished to speak in opposition. There was a discussion regarding an implied easement. The public hearing was then closed. Commissioner Hix made the motion to abandon Possum Creek Road. Chairman Crow seconded the motion. Commissioner Richardson asked what would be the problem with leaving the bridge the same. There was a brief discussion regarding the board' s receipt of letter advising of possible litigation. Mr. Hamilton said if the board was considering not abandoning a certain portion and abandoning another part, he suggested tabling the issue since a specific plat and sketch was needed of the part to be abandoned. Mr. Stell clarified he had previously sent a letter asking for the repairing of the bridge, but he advised they would not insist on that if the commission wanted to leave the road open as a gravel road and keep the bridge barricaded. He would not insist on the bridge being opened at this time. Commissioner Hix withdrew his motion and moved to postpone the request for further review. Chairman Crow seconded the motion. Hearing no discussion, the vote was taken and the motion passed unanimously. ( Vote 4 0) 10) Approve 2018/ 2018 Paving Contract with Pittman Construction Company: ( Kevin Poe) Approve the contract between Jackson County and Pittman Construction Company in the amount of $1, 419, 896. 86 to provide paving services during the 2018 and 2019 paving season. Chairman Crow made the motion to approve the contract with Pittman Construction Company in the amount of $ 1, 419,896. 86. Commissioner Richardson seconded the motion. Hearing no discussion, the vote was taken and the motion carried unanimously. ( Vote 4 0)
Page 7 of 9 K. ZONING BUSINESS: Unfinished Business: None New Business: 11) RZ- 18-03 Clay Dale, 2142 Jackson Trail Road, Jefferson, GA; 129. 80 acres; rezone from R- 1 to A-2 to split property into 6 tracts. ( Map 095/ Parcel 014) Planning Staff Recommendation: Planning Commission Recommendation: Planner Jamie Dove addressed the board and presented the staff report. She said the applicant requested a rezoning from R- 1 to A-2 in order to split the property into larger acre tracts for agricultural or residential purposes. The property was originally rezoned in 2005 with several conditions for a larger development. With a rezoning of the property, all conditions would be removed. County Attorney Christopher Hamilton opened the public hearing. Mr. Clay Dale, 3730 Jackson Trail Road, stood before the board, but he did not have anything to add to the staff's presentation. He expressed his appreciation for the board' s consideration. No one else wished to speak in favor of the application. There was no opposition to the request and the public hearing was closed. Commissioner Hix made the motion to approve RZ- 18-03. Commissioner Seagraves seconded the motion. Chairman Crow called for discussion. Hearing none, the vote was taken and the motion passed unanimously. ( Vote 4 0) 12) RZA 8-04 Tommy Boyd, 9452, 9388, 9342 Jefferson Road/ 2563, 2567 Brock Road, Jefferson, GA; 8. 025 acres; rezone from A-2 to CRC for commercial use. ( Map 043/ Parcels 019, 01911, 019D, 019F, 019K, 015B) Planning Staff Recommendation: Planning Commission Recommendation: Planner Jamie Dove addressed the board and presented the staff report. She said the applicant requested approval of a rezoning from A- 2 to CRC in order to market the property as commercial. The property was within the East Jackson Overlay District. County Attorney Christopher Hamilton opened the public hearing for comment. Mr. Tommy Boyd, 120 Oak Ridge Drive, Cleveland, GA spoke in support of the request. He wanted to put daylight storage and three storage buildings on the property. He told the board he had a driveway in and out of the property. No one else spoke in favor of the request. Mr. Hamilton called for opposition. Babs McDonald, 1119 Hwy. 330, was opposed the request. She was concerned about safety and increased traffic to the area. Chris Beal, 91 Belle Springs Road, was also opposed to the request. His property was located approximately one- half mile from the subject tract. He was concerned about traffic and advised there were no public facilities/ utilities besides power in the area.
Page 8 of 9 Mr. Boyd did not speak in rebuttal to the concerns mentioned. Mr. Hamilton then closed the public hearing and submitted the request to the board for consideration. Commissioner Seagraves said in light of the fact that he look at the land use of the surrounding property, he said he was aware the Future Land Use to the north was residential and agricultural, to the south was residential, to the east was residential, and to the west was residential. He added he had received a lot of public input. Commissioner Seagraves then made the motion not to approve the request. Commissioner Richardson seconded the motion. Chairman Crow called for discussion. Hearing none, the vote was taken and the motion carried. Commissioners Hix, Richardson, and Seagraves voted in favor of the motion to deny the request. Chairman Crow did not vote. ( Vote 3 0 1) 13) RZ- 18-05 Wendy Clark, 1023 Murphy Road, Pendergrass, GA; 6. 66 acres; rezone from A- 2 to M -H to split property into 2 tracts. ( Map 110/ Parcel 022C) Planning Staff Recommendation: Planning Commission Recommendation: Planner Jamie Dove addressed the board and presented the staff report for RZ- 18-05. She said the applicant desired a rezoning of property from A-2 to M -H in order to split the property. Ms. Dove said the applicant currently had a manufactured home on site and wanted to divide the property into two tracts to build a stick -built on the other tract. County Attorney Christopher Hamilton opened the public hearing. Wendy Clark, 1158 Murphy Road, addressed the board in support of the application. She requested the rezoning so her son could build a house on the property. There were no questions for the applicant. No one else wished to speak in favor of the request. There was no opposition to the request and the public hearing was closed. Commissioner Richardson made the motion to approve RZ- 18-05 as recommended by the Planning Staff and Planning Commission. Chairman Crow seconded the motion. Hearing no discussion, the vote was taken and the motion passed unanimously. ( Vote 4 0) 14) RZ- 18-06 Ricky L. Parker, 323 Jarrett Lane, Gillsville, GA; 4.493 acres; rezone from A- R to M -H to split property into 3 tracts for mobile homes. ( Map 086/ Parcel 002G) Planning Staff Recommendation: Planning Commission Recommendation: Planner Jamie Dove advised the applicant wished to rezone the subject tract from A -R to M -H for future family estate planning purposes. The applicant will rezone 3 tracts for his children for manufactured homes and he planned to keep one tract for himself. County Attorney Christopher Hamilton opened the public hearing. Ricky Parker, 3635 Northcrest Trail, Buford, GA. He said it was his mistake when the property was originally rezoned because he wanted to place mobile homes on the property. He requested the M -H rezoning so his kids could move onto the property sooner. No one else wished to speak in favor of the application. There was no opposition to the request and the public hearing was closed.
Page 9 of 9 Commissioner Hix made the motion to approve RZ- 18-06. Commissioner Seagraves seconded the motion. Chairman Crow called for discussion. Hearing no discussion, the vote was taken and the motion passed unanimously. ( Vote 4 0) L. EXECUTIVE SESSION: None M. ADJOURNMENT: Chairman Crow declared the meeting adjourned at 7: 20 p. m. All printed material/documentation presented is filed in Board Minute Addendum Book No. 13-0 (Year 2018) and hereby becomes a part of these official minutes. Minutes Approved: Monday, May 7, 2018. JACKSON COUNTY BOARD OF COMMISSIONERS Tom Crow, Chairman Chas Hardy, District 2 Ralph Richardson, Jr. Di rict 3 Commissioner Attest: Ericka Johnson, Dept Clerk Mart eagr ves, Dis ict 4 o missioner
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