Bulloch Commissioners vote to challenge annexation into city of proposed 714 acre development

Bulloch County Commissioners met on Monday, August 12, 2024 in a meeting that was rescheduled due to Tropical Storm Debby. It was originally set to take place August 3, 2024.

For the second time the County voted to file a petition to annexation of contiguous property to the city. This annexation included 714 acres into the city. The developers of Burkhalter Villager are requesting an Annexation of 714 acres into the City of Statesboro and subsequent Zoning Map Amendment from the R-40 (Single-Family Residential) zoning district to the PUD (Planned Unit Development) zoning district, and a variance in order to allow for the development of a large-scale residential subdivision with some commercial stores. As part of the annexation process the County and Board of Education have a period where they can file a formal petition to object to the annexation.

Billy Anderson, a long-time Bulloch County resident, expressed concerns about a proposed 714-acre development on Burkhalter Road during the public comments section of the meeting. He highlighted potential flooding risks, particularly due to the removal of pine trees, which currently help manage water levels. Anderson emphasized that the development, involving 1,794 housing units, could severely impact local roads and neighborhoods, with costly consequences for the county, despite the city collecting the tax revenue.

He urged the commissioners to object to the development by the upcoming Friday deadline, even if a similar effort failed last year. Anderson argued that an official objection would demonstrate the county's support for its citizens, establish a legal record of opposition, and potentially influence city council members who may be hesitant to speak out. He also noted that the development falls within legal standards but would not be feasible under current county zoning laws.

Commissioner Timmy Rushing referenced a past situation with Beasley Road where mediation with the city failed to stop development, but the city agreed to take full responsibility for traffic and road issues. Based on this experience, Rushing expressed support for giving county staff permission to approach the city again regarding the current Burkhalter Road development. He acknowledged that, legally, the county might not be able to prevent the development due to the property's contiguous nature but suggested that the city should be held fully accountable for any resulting problems.

County Manager Tom Couch stated that the commissioners would have to make a motion to file an annexation objection whic h they did.

Continue reading for all business covered in the meeting.

The August 12th meeting kicked off with special guest Deacon Pelt leading the Pledge of Allegiance and a prayer. Clerk of the Board Venus Mincey-White then called roll and called all commissioners in attendance. Commissioner Curt Deal joined online.

APPROVED: Consent Agenda

1. Minutes Approval: Tuesday July 16th, 2024 08:30 AM

2. Motion to Approve the Purchase of UESCOPE Video Laryngoscope Monitors and Accessories from Bound Tree Medical

At the end of last fiscal year we were advised that the current video laryngoscope we were utilizing would no longer be supported. The company was moving to a different video monitor and new blade system that would require us to purchase new units with accessories. We took the opportunity to demo 4 different video laryngoscope systems. After conducting an evaluation of all systems we feel the UE SCOPE system best will serve our needs. We are requesting approval of this sole source purchase.

3. Motion to Approve the Purchase of Key Fire Hoses from NAFECO

The Bulloch County Fire Department was budgeted $20,000.00 to purchase new fire hose. This purchase will help our Department equip our engines with new modern fire hose that will increase water flow while operating at lower pressures. This will reduce the stress and workload of our firefighters and aid in better fire suppression. This hose has become the standard for BCFD so to maintain standardized equipment across the fleet of apparatus.

4. Motion to Approve the Purchase of First Due Reporting Software

First Due software has become the operating software for Bulloch County Fire, this software is used for; incident reporting, staff scheduling, pre-incident planning, inspections as well as many other departmental functions. The annual subscription is up for renewal. In addition to the renewal, we would like to add a Command module, Permitting, and Community Connect for a total of $33,887.50. The addition of these modules would allow the Bulloch County Fire Department to manage emergency incident safer than ever before and allow us to connect with the citizens of Bulloch County through an online community outreach module. The community connect module allows residents and businesses to input critical occupant and property information in that is available to unites as they respond to the emergencies

5. Motion to Approve the Purchase of a 2025 Dodge Durango

The Bulloch County Public Safety Department requests to purchase a 2025 Dodge Durango in the amount of $48,808.00 to replace a current vehicle. The Public Safety Director seeks approval to replace the Public Safety command vehicle. On June 28th at approximately 3:00 a.m. the command vehicle was leaving the scene of an officer involved shooting on Highway 301 North when it struck a deer. The vehicle was deemed a total loss by the insurance company mainly due to airbag deployment and high mileage (208,000 miles). The vehicle was budgeted to be replaced in the 2025-2026 Budget and this request will negate the future request.

6. Motion to Approve a Service Agreement Contract between the Bulloch County Correctional Institution and Diversified Correctional Services, LLC

The Georgia Department of Corrections requires all facilities that house state inmates to be in compliance with The Prison Rape Elimination Act (PREA). PREA standards are established by the Federal Government and require all facilities to be audited every 3 years. The BCCI is due for and audit in 2025. The BCCI is responsible for locating the Auditor and paying for the audit. The proposed audit date is April of 2025. Robert Lanier, BS, MA DBA Diversified Correctional Services, LLC has been selected to perform the audit.

7. Motion to Approve the Appointment of Keely Fennell to the TAD Advisory Committee

The TAD Advisory Committee consists of six (6) members with three (3) members appointed by the Mayor and City Council and three (3) members appointed by the Board of Commissioners. Members will serve until their successors are appointed. The TAD Advisory Committee's purpose is to review and approve or disapprove all applications and proposed projects for TAD funding and/or TAD financing. With the resignation of County appointed committee member Bill Herring, the Board of Commissioners has selected Keely Fennell to replace him on the committee with a term beginning upon Board approval.

8. Motion to Approve the Purchase of Motorola APX 6000 Portable Radios from Motorola Solutions.

Bulloch County Fire was budgeted $100,000 to purchase portable radios, this will replace older radios that are no longer supported by Motorola. The purchase of these radios will help to ensure Firefighters have the necessary means to communicate on the fire ground.

9. Motion to Approve the Purchase of two 2025 Ford Explorers for the Bulloch County EMS Department from Allan Vigil Ford-Lincoln Government Sales in the amount of $45,693.00 each for a total of $91,386.00

Bulloch County EMS Department was approved for the purchase of two support vehicles in the FY25 SPLOST Budget. The vehicles are being requested to be purchased from Allan Vigil Ford-Lincoln Government Sales through the State of Georgia state vehicle contracts.

Approval is recommended

10. Motion to Approve the Purchase of a 2025 Ford Explorer for the Bulloch County Probation Department from Allan Vigil Ford-Lincoln Government Sales in the amount of $42,283.00

Bulloch County Probation Department was approved for the purchase of a vehicle in the FY25 SPLOST Budget. The vehicle is being requested to be purchased from Allan Vigil Ford-Lincoln Government Sales through the State of Georgia state vehicle contracts.

Approval is recommended

11. Motion to Approve the Purchase of a 2024 Ford F150 for the Bulloch County Special Projects Manager from Allan Vigil Ford-Lincoln Government Sales in the amount of $47,435.00

Bulloch County Special Projects Manager in Bulloch County Administration was approved for the purchase of a vehicle in the FY25 SPLOST Budget. This vehicle will be a replacement vehicle for a 2008 Ford F150 that is beginning to require extensive repairs. The vehicle is being requested to be purchased from Allan Vigil Ford-Lincoln Government Sales through the State of Georgia state vehicle contracts. Ford Manufacturing has not yet closed the purchasing window for 2024 Ford trucks. We can still purchase a new 2024 F150, with the MY24 pricing. Approval is recommended.

12. Motion to Approve the Purchase of a 2024 Ford F250 for Bulloch County Recreation Parks & Grounds Department from Allan Vigil Ford-Lincoln Government Sales in the amount of $50,948.00

Bulloch County Recreation Parks & Grounds Department was approved for the purchase of a vehicle in the FY25 SPLOST Budget. The vehicle is being requested to be purchased from Allan Vigil Ford-Lincoln Government Sales through the State of Georgia state vehicle contracts. Ford Manufacturing has not yet closed the purchasing window for 2024 Ford trucks. We can still purchase a new 2024 F250, with the MY24 pricing. Approval is recommended.

13. Motion to Grant a 2024 Alcoholic Beverage License for Package Retail Beer, Wine, and Distilled Spirits Sales to Nikki Green and April Cooper for Pour Decisions Beer, Wine & Liquor, LLC located at 8741 US Hwy 301 South, Unit D, Statesboro, Georgia

New Business

APPROVED - 1. Motion to approve a bid and enter into a contract with Reeves Construction Company for County Road Resurfacing in the amount of $6,035,585.00, to be funded by LMIG and TSPLOST.

This contract includes the resurfacing of approximately 28 miles of county paved roads. The list of roads is attached. Sealed bids were received on July 25, 2024, as detailed in the attached memo from Faye Bragg, Purchasing Manager. The low bidder, Reeves Construction, met all requirements of the County's bid specifications and has successfully completed previous Bulloch County resurfacing projects.

The County Engineer's cost estimate for the project (base bid plus two add alternates) was $6,722,724.50. Because the low bid is below the estimated amount, the county engineer recommends including the two add alternates, for a total contract amount of $6,035,585.00 with Reeves Construction. Project would be funded utilizing $1,792,651.04 in LMIG funding, $2,220,281.32 in Supplemental LMIG funding, and $2,022,652.64 in TSPLOST funding. County Engineer recommends approval

APPROVED - 2. Motion to approve a change order in the amount of $42,600 with Sikes Brothers, Inc. for the relocation of a sewer force main on US Hwy 301 North, as part of the Public Works Entrance Road project, funded by TSPLOST.

This change order is due to a conflict between an 8-inch sanitary sewer force main and the new roadway going from US Hwy 301 North into the new Bulloch County Public Works facility. The sanitary sewer force main was identified on the project plans and is located on the western side of US 301. However, when the embankment on the north side of the US Hwy 301/Veterans Parkway was removed, the elevation of the sewer main was determined to be higher than anticipated, due to the change in grade from US 301 to the County property. The current elevation of the sewer main is too high for adequate cover and protection from the new proposed road into the County Public Works facility. This change order includes relocating 160 linear feet of the sewer main to an elevation approximately 4 feet below it's existing elevation, to allow for construction of the new road. Ductile Iron pipe is required for the relocated section of sewer pipe by the City of Statesboro, due to it being under the proposed roadway which is anticipated to be used by heavy equipment.

County Engineering staff also requested an independent quote for the work from a utility contractor not currently involved in the project, for cost comparison. The other quote came in at $55,056.00. The County Engineer recommends approval of this change order in the amount of $42,600 with Sikes Brothers, Inc

APPROVED - 3. Motion to approve a bid and enter into a contract with McLendon Enterprises, Inc. for the construction of the Brannen Pond Road Drainage Project in the amount of $547,801.00, to be funded by TSPLOST with reimbursement of 85% of cost from FEMA and GEMA.

This contract includes demolition and removal of damaged pavement, base, and drainage pipe, construction of a concrete box culvert, earthwork, road construction, and guardrail installation on Brannen Pond Road, just west of Cleary Road. Sealed bids were received on August 1, 2024, as detailed on the attached memo from Faye Bragg, Purchasing Manager. The lowest responsive bidder, McLendon Enterprises, Inc., met all requirements of the County's bid specifications and has successfully completed previous Bulloch County resurfacing projects.

One bidder submitted a lower bid than McLendon Enterprises, however the bidder is not currently a GDOT prequalified contractor, which was a requirement of the bid package. The bid was considered to be non-responsive.

The Engineer's cost estimate for the project was $682,000. The County Engineer recommends approval

APPROVED - 4. Motion to approve a bid and enter into a contract with Sikes Brothers, Inc. for the construction of Two Chop Road and a section of Banks Creek Church Road in the amount of $3,395,644.92, to be funded by TSPLOST.

This contract includes clearing and grubbing, grading and earthwork, drainage improvements, subgrade construction, base, and paving of Two Chop Road, from US Hwy 25 to Rocky Ford Road, a distance of 3.05 miles, as well as a segment of Banks Creek Church Road, approximately 0.5 miles long. Sealed bids were received on August 1, 2024, as detailed in the attached memo from Faye Bragg, Purchasing Manager. The low bidder, Sikes Brothers, Inc., met all requirements of the County's bid specifications.

The Engineer's cost estimate for the project was $4,633,365. The low bid is below the estimated amount, and the bidder met all requirements of the County's bid specifications. The county engineer recommends approval

Commissioner Rushing questions if the contract will be the same price after last week's storm, and wants the company to come back and reassess before making any motions.

Commissioners Toby Conner and Jappy Stringer that it's best to get the roads fixed as soon as possible, the price shouldn't be too much worse.

PUBLIC COMMENTS

Len Fatica- Fatica thanked the Bulloch County Commissioners and various groups for their exceptional response to Tropical Storm Debby. He praised the efforts of emergency responders, including the emergency management team, Sheriff's Department, fire department, EMS, Public Works, media outlets, and church agencies, for their coordinated work in protecting and assisting residents. Fatica, who has experience in disaster relief, shared a story of a family affected by the flooding and how the community quickly rallied to support them, demonstrating the strong spirit of cooperation in Bulloch County. He concluded by affirming his belief that this collective effort shows the county's potential to build a stronger, more unified community.

Billy Anderson- Anderson expressed concerns about the proposed 714-acre development on Burkhalter Road, emphasizing the potential for increased flooding and damage to local infrastructure. He urged the commissioners to object to the development by the upcoming deadline, arguing that an official objection would demonstrate the county's support for its citizens, create a legal record of opposition, and possibly influence city council members.

Commissioner Rushing referenced a past development issue on Beasley Road, where the city agreed to take full responsibility for traffic and road impacts. He supported giving county staff permission to approach the city again about the Burkhalter Road development, acknowledging that the county may not be able to legally stop the project but could ensure the city is held accountable for any resulting issues.

County Manager Couch proposed to motion to file an annexation objection.

David Reed- Reed raised concerns about ongoing issues with mobile homes in his area, specifically regarding improper sewage connections and inadequate setups. Despite bringing these issues to the attention of the commissioners and involving the fire marshal four years ago, Reed stated that no action had been taken. He presented photos as evidence and questioned why the county continues to approve the sale of homes that don't meet code requirements. Reed also expressed frustration with the lack of resolution despite multiple meetings with county officials, emphasizing the potential fire hazards and improper installations in these homes. He urged the commissioners to address these issues more effectively and to stop approving non-compliant homes.

Commissioner Rushing spoke about how he and Reed have conversations regarding the trailers, and would like to set up a meeting in the future to sit down and get a game plan with Director of Planning and Development James Pope.

Chairman Roy Thompson motions to move to the next speaker on the list.

Leshia Nevil- Nevil expressed her appreciation for the county's efforts in the aftermath of Tropical Storm Debby, acknowledging the challenges faced by the community, especially with over 20 inches of rainfall in her area. She addressed complaints about road conditions, emphasizing that the extent of the damage was unavoidable and that recovery takes time. Nevil proposed that the county consider a temporary moratorium on approving new housing developments to allow time for recovery and to address existing issues, such as the strain on schools and the shortage of bus drivers. She urged the commissioners to slow down development to help the community catch up with current demands and recover from recent events.

Lawton Sack differed his time so that the staff would have more time to speak.

COMMISSION AND STAFF COMMENTS

Randy Tillman, the Public Safety Director of Bulloch County, commended the county's response to Tropical Storm Debby, highlighting the absence of fatalities despite significant damage. He thanked the county commissioners, leadership, and public safety infrastructure for their preparedness. Tillman praised the collaboration of various county departments, including Emergency Management, Fire, EMS, 911, Animal Services, and others, along with state agencies like Georgia State Patrol, Georgia Department of Natural Resources, and the National Guard. He also expressed gratitude to Sheriff Noel Brown, the Statesboro Fire Department, local churches, businesses, and citizens for their support during the storm and emphasized the community's ability to unite in times of crisis.

Corey Kemp, Director of Emergency Management Services, provided key public safety statistics during the local emergency declaration for Tropical Storm Debby. Between Monday morning and Thursday afternoon, the county conducted six compromised dam assessments and 11 swift water rescues, saving over 80 citizens from homes and cars. Despite the storm, they managed to respond to 144 EMS calls, 166 fire response calls, and handled 2,231 911 calls. The assessment of storm damage to homes has begun, with 159 homes inspected so far, over 50 of which may be declared substantially damaged.

Brad Deal, the County Engineer, provided a brief overview of the road damage caused by Tropical Storm Debby, comparing it to the damage from Hurricane Idalia last year. He reported that during the storm, 13 bridges were closed, and GDOT (Georgia Department of Transportation) assisted by inspecting these bridges as water levels receded. Currently, three bridges remain closed due to concerns about scour around the piles, which could affect the stability of the bridges, especially under the weight of heavy vehicles like school buses.

Additionally, Deal mentioned a box culvert on Denmark Road that washed out and rotated, though initial inspections suggest that repairs may not require a lengthy process. Other damage includes washed-out drainage pipes on paved roads, with three locations identified so far. While the exact cost of repairs is still being assessed, Deal estimates it could be in the range of a couple hundred thousand dollars.

Robert Seamans, Assistant Public Works Director, detailed the recovery efforts of the Solid Waste Division following the hurricane and flooding. The division has been working diligently to manage increased volumes of bulk waste, yard waste, and tires at the 21 convenience centers. They have been preparing for high volumes as residents begin cleaning up their storm and flood-damaged properties.

Seamans noted that local solid waste businesses have had to suspend services for residents on dirt roads due to compromised road conditions. Residents are advised to bring their household waste to convenience centers and to place bulk waste and yard debris in the provided containers for safety. Contractors and commercial businesses must dispose of solid waste at the transfer station on North Main Street.

In addition, Seamans mentioned that Public Works, along with other county staff, will start assessing both paved and dirt roads using a new in-house developed app by the GIS department. The app will help in collecting and reporting data on road conditions, with the goal of completing initial assessments within the next few days.

Dink Butler, Public Works Director provided an update on storm damage and recovery efforts, focusing on road and debris management.

Storm Debris and Recovery: Public Works managed 78 downed trees, with recovery costs projected to be under $100,000. They are currently handling 574 paved roads and 524 dirt roads, with 91 roads closed at the peak of the storm. As of now, 8 paved roads and 21 dirt roads remain closed. Four paved road failures are expected to require contracted repairs.
Road Conditions and Repairs: The team has made 172 dirt roads passable. The storm displaced 1 to 1.5 million cubic yards of dirt from the dirt roads. Replacing this material and restoring roads will be a lengthy process, estimated to take up to a year if handled in-house. The department is currently working with stockpiled materials and contracting additional hauling from Augusta to manage the workload.
Bus Traffic and Safety: Public Works has advised the Board of Education that some roads, particularly dirt roads, are not yet safe for bus traffic. They continue to monitor road conditions and do not currently feel confident in allowing bus routes on these roads.
Future Plans and Budget: Public Works anticipates significant work ahead, potentially requiring emergency funding up to $5 million to assist with road recovery. They asked for approval of the funds and plan to use FEMA rates for equipment and GDOT rates for labor, with materials supplied from county resources. The goal is to complete 75% of the roadwork with outside contractors, aiming for full recovery in 90 to 120 days. They will also be assessing the need for additional funding based on ongoing damage evaluations.

Commissioners took action and approved to fund up to $5 million towards repairing the roads as quickly as possible. Commissioners agreed that if it took more than that then they would still look towards fixing our roads. As of right now, getting support from FEMA isn't looking favorable, as many other counties were affected by the storm worse than Bulloch County.

"There is still some uncertainties regarding the repair needs, which may vary the recovery time and cost projections, but we are not expecting the emergency funding recovery costs to exceed $5 million," said Butler. "If you choose to support this request, we will establish the criteria for contract qualifications and guidelines for the purpose of work to be accomplished, and hopefully activate that process within a few weeks."

The importance of hiring these private contractors is that if the county was to work on the roads in-house and on their own, it could take over a year to fix all of the roads damaged by the storm. If a private contractor was hired, the roads could be fixed in 90-180 days.

Butler expressed gratitude to the Governor of Georgia, the National Guard, and all county departments for their support. The National Guard helped make 70 roads passable, and Butler acknowledged the collective effort of Bulloch County’s teams.

County Manager Couch, Commissioner Toby Conner, and Chairman Thompson all agree that it is very important to get our roads fixed. Chairman Thompson went as far as to say that this is something you should use the "rainy day fund" for. Commissoner Conner expressed that it is very important to farmers that we get the roads fixed, because harvesting season is coming up in 30 days, and if the roads aren't fixed that could hurt a ton of people.

Couch announced that due to Tropical Storm Debby, there is a backlog of 17 to 21 planning and zoning hearings. To manage this, they propose holding hearings on two separate evenings in September: September 10 and 12. The county commission will review the first set of hearings on October 1, with a follow-up on October 3 for the remaining cases. This aims to prevent overly long meetings and allow for a more manageable schedule. The commissioner agreed to these dates, and adjustments can be made if necessary.

Chief Financial Officer Kristie King then stated that the commissioners need to get together and approve the mileage rate soon, and agree on August 23.

The commissioners thanked everyone for their support in this time, and talked about how great Bulloch County is when we come together.