LUMPKIN COUNTY Board of Commissioners Regular Meeting Agenda Commissioners Boardroom 99 Courthouse Hill Dahlonega, GA 30533 August 20, 2024 6:00 PM  COUNTD  83  CALL TO ORDER INVOCATION  CONSIDERATION OF AGENDA PRESENTATIONS  1. Certificate of Excellence to Fire/EMS Personnel Travis McBee, Michael Joiner, and Travares Gordon  PUBLIC COMMENTS (Agenda Specific) CONSIDERATION OF MINUTES  2. Board of Commissioners - Work Session July 2, 20244:00PM 3. Board of Commissioners - Work Session II- July 16, 20245:30PM 4. Board of Commissioners - Regular Meeting July 16, 20246:00PM 5. Board of Commissioners Special Called' Work Session- July 19, 20241:00PM  RESOLUTIONS  6. 2024-33. Appoint Members to Joint Development. Authority - Robb Nichols to Seat 1, and Charles "Chuck" Jones to Seat 3, both with terms expiring 12/31/2026 and Henry Davis to Seat 7. 2024-34. Appoint Member to the Board of Elections & Registration - Brittani Conner to Seat 5, 8. 2024-35 Appoint Member to the Planning Commission - Trevor Eudy to Seat 5, with a term 10. 2024-39 Update the Lumpkin County Fee Schedule Reduce Water Park. Admission Fee  2, and Mac McConnell to Seat 4, both with terms expiring 12/31/2024  with ai term expiring 12/31/2026 expiring 8/27/2028.  9. 2024-36 August Surplus Property (Finance Director. Abby Branan)  (Assistant County Manager Rebecca Mincey)  REPORTS  County Department reports can be viewed on wwaumpancounygow  ELECTED OFFICIALS CONTRACTSAGGREEMENTS Charles Trammelly  11. 2024-066 2024 LMIG Contract Amendment Colditz Trucking (Special Projects Manager    12. 2024-067 Loan of Tractor for Display in the Administration Building Lobby (Directoro of 13. 2024-068 Ninth District Opportunity Inc. Lease Head Start Building (Director of Operations 14. 2024-069 CTC Technology & Energy Professional Consulting Contract Amendment 2 (Assistant 15. 2023-070 Mark Robinson Hauling, Inc. Recycling & Transfer Station Lease Agreement 16. 2024-071 Yahoola Creek Park BaseballSoftball Fields 5,7 7,8,9, &10 Upgrades Scope Change  Operations Ashley Peck) Ashley Peck)  County Manager Rebecca Mincey) Amendment #4 (County Manager Alan Ours) Gordian Contract (Director of Operations Ashley Peck)  OTHER ITEMS  17. Voting Delegate - Legislative Leadership Conference (County Clerk. Melissa Witcher) 18. 2014 SPLOST 2024 Work Plan Amendment (Finance Director. Abby Branan)  19. Yahoola Creek Reservoir Access, Parking and Improvements Update (County Manager Alan Ours) 20. New Recycling Area Construction Documents/Plan Located at Transfer Station (Director of  Operations Ashley Peck) COUNTY MANAGER  ASSISTANT COUNTY MANAGER & DEPARTMENT HEADS  COMMISSIONERS PUBLIC COMMENTS ADJOURNMENT    LUMPKIN COUNTY Board of Commissioners Regular Meeting Minutes Commissioners Boardroom 99 Courthouse Hill Dahlonega, GA 30533 August 20, 2024 6:00 PM  COUNTI  DAHLONEGA 832  CALLTO ORDER INVOCATION  Thei meeting was called to order at 6:00j pm. Present were Chairman Chris Dockery and Commissioners Tucker Greene,  Bobby Mayfield, Rhett Stringer, and. Jeff Moran.  Chairman Dockery gave thei invocation, which was followed by thel Pledge of Allegiance.  CONSIDERATION OF AGENDA was approved unanimous.y. PRESENTATIONS  Motion: Commissioner Stringer movedi to approve the agenda and was seconded by Commissioner Mayfield. The motion  1.Certificate of Excellence tol Fire/EMS Personnel - Travis McBee, Michael Joiner, and Travares Gordon  PUBLIC COMMENTS (Agenda Specific) CONSIDERATION OF MINUTES  2.1 Board of Commissioners Work Session - July 2, 20244 4:00PM 3.1 Board of Commissioners - Work Session II-J July 16,20245:30PM 4.1 Board of Commissioners - Regular Meeting July 16,20246:00PM 5.E Board of Commissioners Special Called Work Session - July 19,2024 1:00PM  Motion: Commissioner Moran moved to approve the minutes by acclamation andi was seconded by Commissioner 6.2024-33 Appoint Members to Joint Development Authority- Robb Nichols to Seat Land Charles "Chuck"Jones to Seat. 3, both with terms expiring 12/31/2026 and Henry Davis to Seat 2, and Mac McConnell to Seat 4. both witht terms Motion: Chairman Dockery moved to appoint the nominees by acclamation and was seconded by Commissioner 7.2024-34 Appoint Member to the Board of Elections & Registration Britanni Conner to Seat 5with a term expiring Motion: Chairman. Dockery moved. to appoint Brittani Conner to. Seat. 5 with ai term expiring 12/31/2026. His motion was 8.2024-35 Appoint Member to the Planning Commission - Trevor Eudy to Seat 5, with at term expiring 8/27/2028. Motion: Chairman Dockery. moved to appoint Trevor. Eudy to Seat. 5 with a term expiring 8/7/2028. His motion was  Greene. The motion was approvedumanimous.  RESOLUTIONS expiring 12/31/2024  Mayfield. The motion was approved unanimously.  12/31/2026  seconded by Commissioner. Moran, which was approved and carried.  seconded. by Commissioner Greene, which was approved unanimously.  Regular Meeting August 20, 2024    9.2024-36 August Surplus Property (Finance DirectorAbbyB Branan) Consideration ofl list of County inventory items to be declared surplus.  Motion: Commissioner Stringer moved to approve the resolution and was. seconded by Commissioner Moran. The motion 10.2024-39 Update the Lumpkin County Fee Schedule- Reduce Water Park Admission Fee (Assistant County Manager Proposed reduction of admission fee to the Pinetree Recreation Center water park on days when portions oft the water Motion: Commissioner Greene moved to approve the resolution and was seconded. by Commissioner Stringer. The  was pprovedumanimous. Rebecca Mincey) park are closed to the public. motion was approved unanimously.  REPORTS  County Department: reports can be viewed on www.lumpaincouny/gow  ELECTED OFFICIALS  Sheriff Stacy. Jarrard said thel LCSO Hunter Safety course willl be from 6:00- 9:00 pm on September 10 and 12. The annual LCSO Gun Show willl be on the second weekend of October at StruXure behind Chestatee Ford. 11.2024-0662 2024) LMIG Contract Amendment - Colditz Trucking (Special Projects Manager Charles Trammell) Motion: Commissioner, Stringer moved to approve the contract amendment andi was seconded. by Commissioner 12.2024-067Loan ofTractor for Display in the Administration Building Lobby (Director of Operations Ashley Peck) Motion: Commissioner. Moran moved to approve the agreement and was seconded by Commissioner Greene. The motion 13.2024-068 Ninth District Opportunity Inc. Lease - Head Start) Building DireclorofOerations: Ashley Peck) Recommendation regarding the approval oft thel lease renewal with Ninth District Opportunity, Inc. (NDO) to operate the Motion: Commissioner Greene moved to approve the lease andi was seconded by Commissioner Moran. The motion was 147240CTCTehmolr. & Energy Professional Consulting Contract Amendment 2 (Assistant County Manager The amendment extends the existing contract with CTC Technology & Energy through June 30, 2025, which is end date  CONTRACTS/AGREEMENTS  An amendment to add 5 county roads to our existing LMIG contract. Mayfield. The motion was approved unanimously.  Loan of Tractor for Display ini the Administration Building Lobby.  was approved unanimously.  Lumpkin County Head Start Program in a county facility.  approved unanimous.y. Rebecca Mincey)  ofthel NTIA grant period ofj performance.  Motion: Commissioner Stringer moved to approve the contract amendment. His motion was. seconded. by Commissioner. Mayfield, andi it) was approved unanimously.  Motion: Commissioner Stringer amended. his motion to approve course ofaction C, which is toi not approve the amendment. 15.2023-0701 Mark Robinson Hauling, Inc. - Recycling & Transfer Station Lease Agreement Amendment #4 (County Request by Mark Robinson tol Increase the Current Per Ton Charge at the Transfer Station from $55.00 to $58.00 Motion: Commissioner Moran moved to approve the contract amendment and was seconded by Commissioner Stringer.  Manager Alan Ours)  The motion was approved unanimously.  Regular Meeting August 20, 2024 2    16.2024-071 Yahoola Creek Park] Baseball/Sofball Fisiks7.k9.cIDUnunss: Scope Change Gordian Contract Consideration oft the contract with Gordian and scope change for baseball/softball fields 5,7,8,9,10. Motion: Commissioner Greene moved to approve the agreement and was. seconded. by Commissioner Mayfield. The  (Director ofOperations. Ashley Peck) motion was approvedumanimousb. OTHER ITEMS Conference.  17. Voting Delegate - Legislative Leadership Conference (County Clerk Melissa Witcher)  This is to choose al BOC voting delegate to cast its county's vote on matters at the ACCGI Legislative Leadership Motion: Commissioner. Mayfield moved to nominate Chairman. Dockery as the voting delegate. His motion was. seconded  by Commissioner Greene, andi it was pprovedumanimous). Request to amend the 2014 SPLOST: 2024 Work Plan.  18-2014SPLOST2024 Work Plan Amendment (Finance Director Abby Branan)  Motion: Commissioner Stringer moved to approve the amendment and was. seconded by Commissioner Moran. The 19.Yahoola Creek Reservoir Access, Parking and Improvements Update (County Manager Alan Ours)  motion was approved and carried.  Reservoir Project Update and Preliminary Plan. motion was approved and carried.  Motion: Commissioner Greene moved to approve the preliminary plan and was seconded by Commissioner Stringer. The 20.] New Recycling Area Construction Documents/Plan Located at' Transfer Station (Director of Operations Ashley Peck) Motion: Commissioner Moran moved to approve the plan with the change of making the center loop concrete instead of  Consideration of construction documents/plan for thei new recycling area at thet transfer station. gravel. His motion was, seconded by Commissioner Greene, andi it was approved unanimously.  COUNTY MANAGER COMMISSIONERS September 9th. PUBLIC COMMENTS  ASSISTANT COUNTY MANAGER & DEPARTMENT HEADS  Chairman Dockery gave a reminder about the upcoming Lumpkin 101 course, which willl be offered for free beginning  There was al briefr recess from 6:28 to 6:36 pm.  Laural Hendrix of291 Little Bear Trail read aloud as statement from Stephanie Kaufman, who could not be present att the meeting. In her statement, Ms. Kaufman discussed her frustrations with Iron Mountain Park for the last five years, and shei iterated how she and her neighbors had sent in numerous videos, pictures, emails, calls, and complaints tot the County. Additionally, they have sent in recommendations from other. ATV parks on how safety, pollution, erosion, and employee conduct could bei improved atl Iron Mountain. Inl her statement, Ms. Kaufman said she was informed that all of! her documents had been sent tot the County Attorney for review. Wel have waited for: months; where is the final report from counsel? Didt the material get reviewed? Ms. Kaufman expressed her frustration with seemingly no answers from the Ms. Hendrix continued to read through Ms. Kaufman's statement. Recently they learned that Ms. Mincey, whoi is in charge oft thel Planning Department, has been tasked with developing aj prioritized list of corrective actions regarding IMP toj present to the Commissioners. Ms. Kaufman asked ifthe County Attorney helped develop this, or did Ms. Mincey develop it by herself?. As iti is the citizens who are impacted by Mr. Stansberry's flagrant violations oft the SLUA, said Ms. Kaufman, the citizens oft the community must be involved int the process. The citizens would like tol hear the decision that  County.  Regular Meeting August 20,2024 3    led to thej prioritization of concerns leading toj possible corrective actions. Ms. Kaufman said: she remembers when the amplified noise ordinance was under consideration. A committee including citizens was formed and thei issues were discussed. Citizens helped toi form the ordinance, and we want thes same opportunity. Ms. Kaufman said shes sent in the article about thet two deaths at] IMP this past weekend. She stated the main reason she sent iti in was nott to: inform the Commissioners of what had happened, but so) you could seet the comments ofyour constituents. They hold you, the BOC, responsible fort thel lax conditions at IMP. Ms. Kaufman's statement concluded with her request for a committee created of Ms. Hendrix then moved on tol her own comments. She said it was very loud last weekend, ands she played three recordings of loud ATV noises that shet took right behind her house. Shes said that the ATV riders may not be using the logging path, but there might be aj path that runs parallel tot thel logging path. She also asked about the status of Ms. Kaufman's Open Records Acti request from a couple of months ago, the one that totaled over $400. Chairman Dockery said the invoice for the records had never been paid. Ms. Hendrix said she was under thei impression that Chairman Dockery was going to take care ofit, but hei responded that he was not. Ms. Hendrix replied that they would pay the bill andj pick up the records. She commented that for such a large sum, iti must be an enormous stack oft records. Chairman Dockery informed Ms. Hendrix that such al broad request takes up days oft the County Clerk and Deputy Clerk's time, Ms. Hendrix asked] how many citations has Mr. Stansberry received, and she asked ift the SLUA could be revoked due to multiple violations. Chairman Dockery said it would not be appropriate toi name someone during ar meeting and discuss what citations they have or have not: received, but there are pending possible violations. Ms. Hendrix asked ift there has been any progression of penalties or ifs something could be done to1 restrict his business license. Ms. Hendrix said landowners are entitled to enjoy their property but noti ift their activities injure adjacent landowners. She said that Anneke Bender of 801 Little Bear' Trail also spoke about Ironl Mountain Park and the recent deaths of two patrons. She said Craig Stansberry posted a video to social media regarding thei incidents, andl he said that when people come to IMP, please follow thes rules because we want you tol be safe. Wear your safety belt, doi not speed, and consider wearinga helmet. Ms. Bender read aloud some comments from TripAdvisor about IMP. One reviewer said IMP needs better signage because itt took them 45 minutes to find an exit. Another commenter saidt they were losti in the woods after their machine broke down, and they encountered other patrons who were lost. They were told that there were no staff who could help them. Another commenter said they did not receive a safety briefing from staffwhen: renting a vehicle, and they crashed less than teni minutes into their ride. It took three hours for staff to rescue them, and they were sent as $16,000 bill for the damage tot the vehicle. Ms. Bender said] Mr. Stansberry and his staff! have operated with abject disregard: for their patrons and the: surrounding neighbors, and shel believes iti is a failure of our elected officials. Therel havel been too many complaints brought before our elected officials, she stated, and nothing has been done. Now we have to listen to ATVs constantly when we are at our house. Imagine hearing that all day long, said Ms. Bender. She asked who will Matt Hodge of31 Ross Lane said he lives adjacent to. Iron] Mountain Park. Hes said that on Little Mountain Road where Mr. Stansberry has his welll houses, there has been al broken-down Jeep Cherokee sitting there for almost two months. He Karen Woody, 4571 Klinger Trail, said: she and] her family live on land bordering IMP. Shes showed the Commissioners: a picture oft the muddy creek on her property. Chairman Dockery asked her to send that tol Rebecca Mincey. Lamar) Bates, 1281 Fern] Park, said he remembers when the SLUA was initially debated. Het told his wife at that point, something badi is going tol happen at Iron Mountain, and he was afraid it would take that for politicians toj put a stop toi it. Mr. Bates said he didn't know all the details oft the deaths, but hel knew at least one of them involveda a lack of seatbelt and helmet usage. Iti is about time the people who run this county step up and do thei right thing; shut that place down, he said Sheriff. Jarrard came before the audience to make comments and answer a few questions from the citizens in attendance. Hes said if citizens obtain at timestamped video of when they witness violations and turn iti ini to thel LCSO, they can then send thatt tot thel Planning Department. He explained they enforce state laws and local codes, but the SLUA enforcement is slightly different. They do deliver SLUA citations on behalfofthe! Planning Department, but they do not handle the SLUA enforcement directly. Thej penalty/fine is between the Magistrate Court and the defendant. Sheriff. Jarrard also said citizens are: free toj pursue civil action against Iron Mountain Park. He said when a citizen calls 911 to report a violation,i it  citizens and stafft to develop a comprehensive plan that we can live with as we move: forward.  which is the reason fort the cost.  Lumpkin County's Mission Statement is al bold-faced lie, and shei is disappointed.  police Iron Mountain. Who will enforce the rules?  said hel hoped someone could have Mr. Stansberry remove the. Jeep.  emphatically.  Regular Meeting August 20, 2024 4    is documented and thati information can be sent tol Ms. Mincey. Itl helps even morei ify youl have video recordings, he added. The Sheriff also explained why. ATV noise is not covered under the County's amplified sound ordinance. Chairman Dockery summarized the notes he took during thei meeting. As far as safety, he said he would not take his family to IMP. His family is his responsibility, andi ifpeople choose toj patronize IMP that is their responsibility. The noise and erosion can fall intot the scope of Lumpkin County. Chairman Dockery said thisi issue has been frustrating for the County as well, and we have been int talks with both the County Attorney and outside counsel. However, he cannot disclose the details of these discussions because they are under attorney-client privilege. He said they have also reached out to the Georgia EPD, but they have declared multiple times that they "cannot find aj point source" for the erosion, which has been frustrating. He also shared that Mr. Stansberry has requested a trial byj jury for his amplified noise ordinance violation stemming from al New Year's concert. Thel BOCI has no control over when thel District Attorney takes Ray Sparks, 908 Little Mountain Road, said that any time it rains the creek near his driveway turns red. Chairman Dockery said multiple creeks and a watershed lake appear to have been affected. He offered to givel his cell phone number Clinton Crane said his family was raised around this area andi he has seen Crane Lake alll his life. It was never: muddy until ForeStar began cutting timber. All oft the logging roads would make thel lake get muddy, buti iti is worse than ever now. He said the powerlines are also a problem. Mr. Crane also implored the audience to stand up against thel building of multifamily housing. IfIron) Mountain Park loses their spot, he predicted, that whole area willl be clearcut and turned into thousands of houses. Yes, youl have problems with. ATVs, but the alternative could be worse. He said he wanted toj plant Eddie Turner, ai resident ofl Little Mountain Road, said the creek that Mr. Sparks mentioned runs across his property too. He said that it has become completely muddy because oft the ATV riders. He is a retired homebuilder andl he knows how strict it is for builders in regards to erosion, sol he is unsure ofhow Mr. Stansberry has been able tol be sol lax. Chairman Dockery said] EPDI has requested to do another site visit, and when that occurs, Lumpkin County staff will accompany them. He also explained that from the County's perspective, erosion control is triggered when you pull aj permit, like for building a house or grading. IfIron) Mountain pulls a grading permit, that will trigger erosion control. Ift they aren't pulling aj permit, what is our authority to go out there, the Chairman asked. When the permits were more active, we went out there more often and got al better look at the erosion issues. Its seems like some of the erosion is coming from thet trails, but there are noj permits on thet trails. That is why we want to get thel EPD involved, he said. It would be likei ifthe County randomly decided tos show up at ai farm to do ani inspection. EPDI has requested to do as site walk-through, but Chairman Lynn Culpepper, 4054 Littlel Mountain Road, said her property backs up to the portion of IMP that has the tunnel. She said her family has experienced thousands of dollars worth of damage from erosion and runoff, and she does not think all ofiti is from the trails. Ms. Culpepper said they have been absolutely flooded with silt, and they are unable to address the sheer scope ofit. Thei mud and debris filled upt their culvert, stream, andj pond, and they have had to repairt their driveway five times. The erosion has muddied upt their well water so badly that they have had to replace their dishwasher and their washing machine. When it rains, red watér comes out oft their sinks and toilets. They are having to shore up their creek with rocks and dig out as much mud as they can. Ms. Culpepper said they havel had EPD out at their house, but they have to witness the deposition ofs silt in order to do anything about it. Ms. Culpepper said they feel abandoned, and they cannot afford to perpetually mediate this damage. She said they do notl have a problem with people recreating, but it should not be at our expense. They have lived there for 20 years and the only time they saw suchi muddy water was during Hurricane Ida. Every timei iti rains, she thinks "Will Ibe able to drink water tomorrow?" Ms. Culpepper said the noise is awful too, andt theyl have been woken up at alll hours oft the night. She said no one should have tol live this way, and ift the rest of Lumpkin County was having to live this way, the current Commissioners would not be sitting up there. Chairman Dockery asked ifs shel had turned this ini to Ms. Mincey and the Planning Department, and Ms. Culpepper replied thats shel has. She alsol has receipts from all of the money she has spent of repairs and mediation oft the damage. She said this is her daily life, and anyone is welcome to come out and see: iti for themselves. She fears they will not be able to afford tos spend their last years in their home, and shel has no: faith anyone: is going to stand up fort them. She said  that before aj judge.  to anyone in the audience.  that in everyone's mind SO they would come together to stop multifamily housing.  Dockery. said hei is unsure of what will come ofit.  the County did not think this out.  Regular Meeting August 20,2 2024 5    A citizen who only identified himself as "Scott," said he has lived here for about five years, about a quarter mile away from IMP. Hes said hel has a generally soundproofhome, buti it was definitely loud last Saturday night. The citizens have talked about this issue for four years. He has sat through meetings with the Sheriff and Commissioners. Scott said the County let IMP begin operating with aj pretty wide-open SLUA and now iti ist time to close it up. You are elected to stand Commissioner Mayfield said hei thinks people are good until they prove themselves otherwise. Ifthis Board ever chooses to1 modify the noise ordinance, he said he will be behind that. Ifthey chooset toi modify the SLUA, he will support that too. Chairman Dockery said he wishes it was a simple process. Wel have reached out to outside counsel, andt they are advising us on what we can or cannot do. He does agree that this project has not! been neighborly in all aspects. We will address it  upi for us, he said, and sometimes he wonders how the Commissioners can live with this.  in thei means we have available, and we will continue to work oni it.  ADJOURNMENT The meeting was adjourned at 7:44 pm. Date Soplemberl Attest:    17,2004  Chris Dockery, Chairman Lumpkin County Board gfCommissioners  Melissa Witcher Clerk, Lumpkin County  dodildoly  Regular Meeting August 20, 2024 6