Bulloch County Commissioners met for their regular bi-monthly meeting on Tuesday evening, October 3, 2023. Chairman Roy Thompson called the meeting to order promptly at 5:30pm. Commissioner Timmy Rushing led the invocation and pledge.
Chairman Thompson and Commissioner Rushing presented a proclamation for Red Ribbon Week to Belle Mathis of the Bulloch Alcohol and Drug Council (BADC). Mathis was accompanied by members of the Youth Action Team as well as BADC Executive Director Joyce Stubbs.
Mathis said Red Ribbon Week is held annually in memory of DEA Agent Enrique "KiKi" Camarena, who lost his life while pursuing drug traffickers in Mexico in 1985. She said Red Ribbon Week is held to educate students about the harms of drug use and alcohol abuse. She hopes we will honor the memory of Agent Camarena by working to promote a drug-free Bulloch County. Red Ribbon Week is October 23-31, 2023.
Venus Mincey-White called roll. Commissioners Thompson, Mosley, Rushing, Simmons, and Conner were present for a quorum. Commissioners Stringer and Deal were not present.
ZONING AGENDA
1) APPROVED (with conditions): Julie Miller has submitted an application for the conditional use of her dwelling and accessory building as a Home Occupation Conducted in an Accessory building, excluding automotive repair. The specific use would be for the operation of Bigdog Snow Cones Food Truck involving the production of ice blocks, storage of supplies, and food prep for the operation. The property is located 141 Windmill Plantation Drive, Parcel No. 134 000009F018.
Mr. James Pope, Bulloch County Planning and Development Director, said the County Planning and Zoning Commission recommended approval with conditions presented in the County staff report, with the additional condition that the conditional use will expire with the transfer of property ownership. The staff recommends a denial of the conditional use request; however, the conditions are suggested if the approval is granted by the Commission.
The County Development Services office has worked with Mrs. Miller to answer questions from a previous Commission meeting.
Hearing no questions from the board, Mr. Pope then invited applicant Julie Miller to speak. Miller thanked the board for hearing from her again. She has collected answers and clarifications since the last meeting. Her road is now county maintained, and the road provides adequate space for area residents to pass the delivery truck, which comes to her house. The accessory building will be used for ice production and storage, which should not disturb neighbors. The food truck itself will not be operated on the property.
32 of 44 neighbors are unopposed to the use of the building for storage and ice production. Many homes in her neighborhood have accessory buildings, some larger than the one she has. The tax assessor has assured her that property values will not be affected by the zoning change. There will be no solid waste impact. Deliveries will be in the early morning; neighbors say they do not ever hear the truck come and go.
Neighbors Mr. and Mrs. George Brent spoke in support of Miller. As neighbors, they are not bothered by the delivery truck and have no issues with what the Millers are doing with their business. Next door neighbor Justin Jackson said the truck parks in front of his house, and it does not bother him. He said Big Dog is always out doing good things in the community, and allowing this use would just let them do more good.
No one spoke in opposition. Miller said she did have a problem with conditions 1 and 2, as set forth by the County staff. Commissioner Rushing motioned to accept the conditional use without the conditions 1, 2, and 5. Motion seconded.
Mr. Pope clarified that removing condition 5 would be acceptable if Miller does not dispose of bulk fluids or oils.
APPROVED. Miller thanked the Commission for their time.
2) APPROVED: Paul B. Smith has submitted an application to rezone 30.62 acres from R-80 (Residential 80,000 sq ft) to AG-5 (Agriculture 5 acres), Parcel No. 185 000035 000.
Pope said the Planning and Zoning Commission voted 6-0 to recommend approval of the request, and the staff also recommends approval. He asked Mr. Paul Smith to speak.
Smith said based on his historical topographic research, this property has always been farmed, and currently it has approximately seven acres enrolled in the Farm Services Row Crop Program.
No opposition. Motion approved unanimously.
3) APPROVED: Timothy Craig Jennings has submitted an application requesting to rezone 5.38 acres from R-15 (Residential 15,000 sq ft) to AG-5 (Agriculture 5 acres). The property is located at 615 Kyle Sorrel Road, Parcel No. 104 000010 066.
Pope said the Planning and Zoning Commission recommends approval by a 5-0 vote, and the staff recommends approval of the rezone request. The property sits on the back side of the Eagle Villas community. The owner has several animals and a structure on the property, and it does meet AG-5 classification.
Mr. Craig Jennings said his grandkids want to have a few mini-cows on the property, and it's as simple as that. He would just like to have it changed to AG-5 to have the cows.
Motion approved unanimously.
General agenda approved unanimously.
CONSENT AGENDA - APPROVED AS READ
1) APPROVED Minutes Approval 8/21/23
2) APPROVED Minutes Approval 8/22/23
3) APPROVED Minutes Approval 9/5/23
4) APPROVED Minutes Approval 9/8/23
5) APPROVED: Approve an Amendment to a Real Estate Sales Contract by an between Bulloch County and Kangeter Properties, LLC.
On August 15, 2023 the Board of Commissioners entered into a real estate sales contract to purchase approximately 3.0 acres from Kangeter Properties, LLC for a purchase preice of $96,000.00. The original intent was that the purchase price was based on a price of $32,000.00 per acre. However, when the survey was completed, the actual acreage was 3.693 acres. The attached amendment to the contract increases the purchase price to $118,176.00 to reflect the original intent of $32,000.00 per acre. Approval is recommended.
6) APPROVED: Approve the Purchase of Voter Hubs
The Voter Hubs are need to store election equipment during transport to voting precincts and early voting sites. It is recommended by the State of Georgia to purchase this equipment to store Dominion Voting Equipment. Runbeck is the only company that makes this equipment. Runbeck is requiring a 50% deposit to start the order, as these Hubs are custom made and will take up to 10-12 weeks for delivery. The balance will be billed with shipping charges added when order is complete. Approval is recommended.
7) APPROVED: Resolution to Adopt Restated Flexible Benefit Plan
Bulloch County maintains, as a benefit for employees, a Flexible Benefit Plan that allows certain benefits, including Healthcare Flexible Spending Accounts and Dependent Care Flexible Spending Accounts, to be funded from pre-tax contributions. The Plan is described in, and governed by, a Plan document previously approved by the Board of Commissioners. The Plan Document describes how the plan is structured, which employees are eligible to participate, and how the provisions of the plan are administered.
The Flexible Spending Account programs are administered by a vendor/partner, who also maintains the Flexible Benefit Plan Document. Our new vendor/partner, Flexible Benefit Administrators, Inc., has administered these programs since July 1 and has drafted an updated version of our Plan Document in their standard format. There are no substantive change to the Plan provisions or eligibility.
The restated Plan, along with an Adopting Resolution authorizing it, is attached. In addition to the Plan document itself, we are required to approve and adopt a Summary Plan Description (SPD) which explains the Plan to employees. The SPD is also attached.
Approval of these documents is recommended and will adopt this restated Flexible Benefit Plan Document and Summary Plan Description with a retroactive effective date of 7/1/2023.
8) APPROVED: Approve a Purchase of 10 Poll Pads from KNOWiNK in the Amount of $21,250.00
For the purchase of Poll Pads with printer capability to be used during early voting. This will replace the previous check-in procedure and speed up processing voters in during early voting at the Bulloch County Annex, Honey Bowen, and GSU which are all early voting locations.
9) APPROVED: Motion to grant The Station of Statesboro, LLC a Special Events Permit for 9/2/2023, 9/9/2023, 9/30/2023, 10/21/2023, 10/26/2023, 11/18/2023.
All documents have been provided (pg. 126-128 in supporting documents). Approval is recommended.
NEW BUSINESS
1) APPROVED: Discussion Requesting a Motion for the Purchase of a 2021 Crafco Mastic Patcher II Trailer Unit in the amount of $58,906.00, one Truck Load of Crafco Mastic One Seal Material in the amount of $34,600.00 from Reynolds Warren Equipment and a 2024 Ford F-450 Cab and Chassis at a Total Cost of Approximately $89,682.00 from Wade Ford.
In an effort to expand our pavement preservation program Public Works has rented a Crafco Mastic Patcher II Trailer unit and over the last 10 weeks has applied 43,200 lbs of Mastic One Seal material through out various areas of Bulloch County paved roads under various conditions. Specifically, as an overlay to our current pothole patches and inverted crown crack seals we have seen very good results. Applications t these areas has resulted in no area repair failures. By adding this tool and material to our program we can show cost savings in reduction of repair returns and increasing our road surface life and giving us additional time before resurfacing.
With the purchase of this trailer unit, we would need to purchase a suitable truck for pulling the unit as well a crew and needed supplies. With the purchase of this unit, we would anticipate a projected material cost for the Mastic One seal material would be approximately $100 -$120 thousand dollars over the next year. Moving forward we expect to expand the use of this material to more extensive road repairs extending the useful lives of our paved roads.
Assistant Public Works Director Robert Seamans spoke about the request. Public Works has been renting a trailer. He showed examples of cracking and pothole patch and repair. All repairs with the Mastic Seal so far have held up; they have kept track. They plan to order a truckload at a time to extend the useful life of our paved roads.
Chairman Thompson said many of the commissioners have had the opportunity to witness the equipment usage.
Approved unanimously.
PUBLIC COMMENTS
Seven people were signed up to speak. Each was given 5 minutes.
1. Courtney Martin signed up but did not speak.
2. Randy Proctor said he was there to speak on zoning, water wells, and taxes, and a lot of citizens are concerned. He is representing "we the people." The wells are the biggest mistake we've made. We should not have to furnish water for a Korean car plant on American soil. He does not know who the Commissioners are working for, but doing what they have done, they are not working for the people of this county. He brought a copy of his King James Version Bible and said the Commission is not God or King. There are a lot of things going on that should not be going on. He brought copies of KJV examples of good and bad leaders and asked the Commission to read it at home. He does not want his well dried up. On increasing taxes, the two and two don't make four. The Commission needs to take a good hard look at themselves. The people of Bulloch County are not pleased.
Chairman Thompson said he has spoken to Proctor and will get back to him after talking to EPD about the wells. He has asked EPD to hold public meetings on water issues in the future. He doesn't want anyone's well dried up, regardless of where they live.
3. Len Fatica said he watched the spectacle in Washington DC today and thanked the Commission for trying to govern this county the best they can in a non-partisan way and looking out for the best interests of citizens. While we don't agree all the time, he knows they're doing their best. People don't understand the scope and size of the county and what it's like to answer to 88,000 people. So he just wanted to say thank you for everything they've done for us.
4. Bruce Simons has spoken several times about the homestead evaluation exemption. He would like an update.
County Attorney Jeff Akins responded on behalf of the county. There's a lot of ways you can do a local homestead exemption. It can be an additional amount that's exempt, but it has to go through the General Assembly, and you have to have a referendum to pass it. The Commissioners will have to decide if they want to do it, and then our legislators will have to approve it. Simons believes the Commission has the power to enact it; Akins said that is incorrect but he is happy to meet with Simons to discuss.
Simons also has a long list of questions about the water wells. Nobody has gotten back with him.
Thompson said until he knows the answers, he can't give anyone answers. He will call Simons as soon as he gets the EPD reports back. Simons said the Commission is putting the cart before the horse paying for properties they don't know if they can put wells on. It doesn't make sense. They approved almost $300,000 tonight to do it.
It seems like it doesn't matter what people say. It seems like people who come to speak are just wasting their time. The Commission is not listening. Think long and hard before you rezone something because you had dinner with somebody.
5. Michael Bailey thanked the Commission and Mrs. Mincey-White for allowing him to speak. He said he was previously upset about the Commission passing the zoning on Shuman Road, but he wanted to apologize to Conner and Stringer because they voted against it. He wants Rushing, Simmons, Mosley, and Deal to give a reason why they thought Shuman Road should be a subdivision. He wants a good reason. He will wait out in the hall after the meeting for an answer.
Next, he wanted to ask about the wells. Does the Commission have any idea how much these 10 million gallons a day will drop our water table? Nobody has any idea. Why would you approve something and go buy land for it if you don't know what the impact is going to be? There's a petition with 700+ signatures. That's more votes than Toby Conner got. That's everybody in that area, and the Commission just went willy-nilly. They tried to get more people to sign petitions, and people said they wouldn't because they feared retaliation from the Board.
[There was commotion in the back of the room due to Mr. Randy Proctor making hand motions and trying to distract the Commission. He was asked to allow them to give their attention to Bailey.]
Bailey said the Commission intimidates people by having the Sheriff lecture them like they're kindergarteners. Chairman Thompson asked Bailey what he would do if someone was being unruly and possibly had a pistol on them, which has happened before in the Commission room. He said he would ask that citizen to leave. He thinks the Commission makes it seem like if they don't like what a citizen says or they use foul language, they'll be taken to jail. He said Thompson told him in a meeting that he had people's names and if they go to sell their property, he won't let them sell. Chairman Thompson said no sir.
6. Tim Powell wanted to start by telling the deputies he was not armed. He wants to comment on the water system proposed for the southern end of Bulloch County. He had an official code document that he said he understands to mean no county money provided by County citizens who will not benefit on the water system can be spent on the water system. That's every bit of money the County has. The funds were given to the taxpayers, and to use it for wells is illegal.
We should do an audit to make sure the code has not been violated. We are still in mourning about the recent tax increase. The ARPA funds would cover the tax increase. The County building should smell nice based on the taxpayer money used to build it. But it smells like an old house with a stinking rat's nest in the walls.
In the County's org chart, remember the County taxpayers are the CEO at the top. Have any taxpayers asked you for a county water system?
7. Gary Tarsley signed up to speak but did not.
Chairman Thompson reminded everyone that EPD will hold public meetings about the wells. That would be the time to ask questions. He will be there learning, too.
COMMISSION AND STAFF COMMENTS
Brad Deal, County Engineer, sent a letter to GDOT concerning the intersection of 119 and Mud Road, based on the concerns of the Commission and citizens. There were several accidents at the intersection, including fatalities. GDOT said they can eliminate the curve and make it a traditional 4-way intersection. It will slow traffic down. The traffic study is complete, and this is the recommendation.
Commissioner Rushing wanted to address several issues. He said the Commission does not know where the wells will be until they hear back from the EPD. They only know approximately. Two wells are high volume, and two are not. Just because the Commission buys some land does not mean wells. They need to think about public safety needs as well, including fire stations. There are only two high volume wells in reality. It is being studied, and they will let people know details when they have them.
EXECUTIVE SESSION (PERSONNEL)
The Commission entered executive session.
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