AMERICUS — At Tuesday’s work session of the Sumter County Board of Commissioners, two public hearings were held concerning zoning of property and one public hearing was held concerning a request to divide property.

The first request was from Larry Odum, who appealed to the Board to change the zoning of  his property at 306 U.S. Highway 280 West from R-2 to C-2 for the purpose of opening a restaurant. A motion from the planning and zoning commission previously denied the request by a three to one vote.

Odum explained that historically the property has been used for commercial purposes and County Administrator Lynn Taylor later clarified that the property was “grandfathered in” as commercial when the surrounding properties were designated residential.

Robert Polk, who gave his address as 200 Jenkins Road, spoke in opposition to Odum’s request. Polk said he lives 200 yards from the property and that Odum has told him he plans on opening a “sportsman’s bar” there. Polk said he has lived in the area for 32 years; it’s a quiet neighborhood and he’d like to keep it that way, referring to the possibility that alcoholic beverages may be sold on the property.

Board Chair Randy Howard informed Polk that the hearing was to address Odum’s request for rezoning and that a license to sell alcohol was a separate issue that will be dealt with by the Board should the occasion arise.

Harold Sims, who also lives near Odum’s property, spoke before the Board.

“We’ve got a pretty good neighborhood ... it’s zoned R-2 and we’re trying to keep it R-2,” he said.

Another resident of the area, Marvin Tullis, told the Board that many elderly people live in the area and any type of commercial property could be a problem.

The Board discussed another issue that may affect the zoning for properties in the area, which is an Archway study to determine new design standards along the U.S. 19 “corridor.” Ultimately the Board decided to table the issue until more information was available concerning the commercial standards being considered for the area. Commissioner Mark Waddell commented that “there’s no sense in changing the zoning if the study could change it.”

The second hearing was to hear a request from Roy Larkin to re-zone property on Georgia Forest Road from R-1 to R-2. The planning and zoning commission voted unanimously to approve the request. The consensus of the Board was to add the item as a separate item to the monthly agenda for Tuesday’s meeting.

The third hearing was to consider a request from David and Robyn Ragsdale to divide the property at 2953 U.S. Highway 280 East, DeSoto into two parcels. The property is zoned AG (agricultural). The planning and zoning commission voted unanimously to approve the request. The Board decided to add the item as a separate item to the agenda.

In the citizen comment portion of the meeting, Harold Jacobs spoke to the Board concerning recent trash pick-up changes for County residents.

Jacobs said trash pick-up at his home was changed to Friday, which he is opposed to. He said someone leaving for the weekend on Friday and leaving a trash receptacle near the road all weekend would indicate that no one was home, leaving their property as a target for thieves. Commissioner Rick Davis told Jacobs that he was aware of the issue and agreed with him. The Board told Jacobs that they would address the issue.

Also concerning garbage services, Earnest Calvin Mansfield appeared before the Board to discuss a refund for services he said he did not receive.

Mansfield said that beginning in 2007, he has been paying year-end trash fees along with his County property taxes; however, he was unaware of the fee because he pays his taxes through an escrow account set up by his mortgage company. Since living at his residence on Patton Drive, Mansfield said he has been paying the City of Americus for water and trash, having hooked up to the City’s water system when he built his home. He said the City dropped off a trash receptacle when he became a water customer.

Lynn Taylor told Mansfield that there were two reasons that complicate the matter. 1) Up until 2007, the City and County used the same company for trash services. 2) That same year the County began including trash service fees on year-end tax bills.

Mansfield’s property is located in the County, but he elected to become a City water customer. Taylor contends that the County “had the legal right to provide the service (trash)” and that Mansfield should not have received or been billed for trash service from the City.

Mansfield argued that he should not have been billed by the County if he was not receiving service.

The County’s attorney, Bill NeSmith, said the Board is limited in what it could do in the situation due to laws concerning taxes and fees. He said the Board cannot refund taxes or fees unless the charges are found to be erroneous or illegally assessed. NeSmith added that the fees may have been illegally assessed by another governing body, but not by the County.

Taylor told the Board that Mansfield is being refunded stormwater fees by the City. As a County resident he is not subject to the fee.

Resolving the discussion Taylor added that “there may be a way to accommodate some of this ...  we just have to figure out the mechanism of it.”

In other business:

• The Board consented to the agenda a request to fill a vacant position of a deputy at the Sumter County Sheriff’s Office and a temporary vacant position of a deputy at the Sumter County Sheriff’s Office. The hourly rate for both positions ins $10.92.

• The Board consented to the agenda a request form Parks and Recreation manager Tim Estes to issue a letter of support from the Board for its application for a recreation and trails grant. Estes said the current 1.9-mile trail at the recreation complex is a product of three projects done by Boy Scouts. Estes said if his department receives funding to complete a trail that meets NCAA regulations, Georgia Southwestern State University (GSW) will be able to host men’s and women’s events at the County complex. Estes said GSW is on board with helping in anyway it can with the project. He added that GSW will be able to host a minimum of two cross-country events per year, which will provide an opportunity to bring in revenue from visitors. Currently GSW does not have a cross-country trail.  

Other items put on the consent agenda include the following.

• Approval of surplus items for Sumter County Fire Department.

• Approval to declare equipment surplus at Sumter County Correctional Institute.

• Approval of water use and indemnification agreement.

• Approval to accept a bid of $145, 843.18 from Wall Asphalt Services.

• Letter requesting insurance service office review for long hose lay and additional water sources.

• Approval of a resolution authoring Sumter County to participate as a co-applicant with the development authority of Macon and Schley counties and the Schley, Sumter, Macon counties’ Joint Development Authority.

Separate item:

• Approval of a joint resolution to create an Urban Redevelopment Authority and a Land Bank Authority.