A rezoning request to allow a trucking transportation facility to locate in Banks County hit a road block Tuesday night after the planning commission recommended denial. The Banks County Board of Commissioners will take action on the request when it meets at 6:30 p.m. Tuesday at the annex.
John Seigler asked that the five acres located on Yonah-Homer Road be rezoned from agricultural/rural residential to general commercial. Seigler wants to continue to operate his business on the site. He has been unable to get his business license renewed because of the zoning.
At the planning commission meeting Tuesday night, Janet Seigler presented the request and said it is an
agribusiness transportation company that has Fielddale Farms in Baldwin as its primary customer.
“The company needs a safe and secure place to park its trucks at night and on the weekends,” Seigler said.
She also said the company is “being signaled out and forced to rezone.” She added that other businesses in the county have not been required to rezone in order to continue to operate.
“I don’t understand why this company is being discriminated against,” she said.
She said it was “made perfectly clear” that unless the property is rezone that the company would not get a business license and would not be allowed to continue to operate.
Mr. Seigler said the business would be a parking lot where a maximum of 10 trucks would be parked at night and on weekends.
“I just need a truck parking lot,” he said.
OPPOSITION SPEAKS
Three people, including nearby property owners L.C. Parks and Gloria Kimsey and realtor Nancy Hobson, spoke in opposition to the zoning change.
Parks presented a petition with the names of “50 to 60 people” who live in the “immediate neighborhood” who are opposed to the rezoning. He said they are opposed to the “noise and traffic” from the business.
“We want to maintain the rural lifestyle we are accustomed to,” Parks said. ““This application is for a truck dispatch. That is exactly what it is going to be…Everybody in the neighborhood, with the exception of about four people, oppose this application…This has nothing to do with him personally…We are opposed to this because it is changing our lifestyle for the good of one person. That is just not right. It is spot zoning.”
Realtor Nancy Hollison, also opposed the rezoning and asked that the area remain rural.
“It is important we look at our land use area and keep it as it was set up,” she said. “I think it is best we keep our areas separate like you have designed it.”
Nearby property owner Gloria Kimsey said the noise from the business bothers her.
“We wake up at 2 and 3 a.m. in the morning by the trucks,” said Kimsey, who has lived in the area for 42 years. “…The truck sounds like a hog grunting really loud…It is irritating for us older citizens of Banks County.”
During his rebuttal comments, Mr. Seigler said that other trucks use the road and the noise and traffic that the residents spoke about could be coming from these trucks. He said the trucks that come onto his property are “no louder than a Dooley truck.” He also said the trucks leave the parking lot at 4:30-5 a.m. each morning and are brought back by 9 p.m.
“My truck traffic on this road is very minimal,” he said.
In the only other action at the meeting, the planners approved a plat from Perry McDonald Sr.
Those present for the meeting were planning commission members Alicia Andrews, Albert Ward and Sammy Reece, county marshal Keith Covington and 20 citizens.
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It is very sad that in this day and time when jobs are so hard to come by that people are willing to cost a man his means to earn a dollar and provide for his family. I lost my job in January after 12 yrs, and my husband lost his earlier this year. John is providing a position for the both of us, and if he is shut down, we will again loose our job. We are law abiding, tax paying citizens, with a child in the Banks County School System. Mr. Seigler employs others just like us - Banks County Citizens. If we loose our jobs because Mr. Seigler is shut down, I hope you are able to sleep with that - knowing you had something to do with costing a man his job.
There are NO trucks leaving in the middle of night. Lies are being told. If you question how many trucks are on site - check tag receipts with BC Commissioners office.
Ms. Hollison talks about spot zoning - why was one of the planning and zonning officers allowed to rezone to commerical for his fence business?
Why is Mr. Parks allowed to have several big trucks come in and out of his property during hay season?
Is this not discrimination? The parked trucks cannot be seen from the road, and Mr. Seigler has spent a great deal of money with landscaping to keep the view to a minimum from the adjoining neighbors.
There are no trucks in here throughout the day. They leave in the morning and come back when Fieldale closes - prior to 9pm. The property is located on Yonah Homer - a very busy thru county road to Homer and 365. Mr. Seigler trucks are not the only big trucks that travel this road. Before accusations are spewed - then Kimsey needs to get up out of the bed and verify they are Mr. Seigler's truck.
Please come and visit with John before passing judgement based on lies. Sit here for an entire day and see exactly how things are.
Regarding the petition that Mr. Parks presented at the planning commission meeting:
1. there are duplicate signatures on the petition.
2. some signatures on the petition are not land owners in Banks county
3. some signatures listed on Mr. Parks petition are also listed as deliquent on taxes due to Banks County
4. some signatures of property owners do not live in the area or even close to the property in question
It does seem ironic that residents are willing to sign a legal petition to be presented to the Banks County planning commission to prevent a business that is paying taxes yet they are unwilling to pay their deliquent property taxes due to the county.
If all the property owners that signed the petition that are listed as deliquent on their property taxes paid as they are legally obligated to then Banks County could collect over $14,600.
"The parked trucks cannot be seen from the road" That is a LIE. You can to see them from the road.
"They leave in the morning and come back when Fieldale closes - prior to 9pm." AND what are those just the FIELDALE trucks or the landfill trucks. UHH he has two different types!!
"Sit here for an entire day and see exactly how things are." I see it everyday!!!
"There are only two neighbors that can see the trucks." Exactly. What makes you or anybody else think I want to look at the trucks and here them.
"the other is...let's just say not doing what he is supposed to if he is truly disabled." You have no idea what we can do and what we can't do!! Unless you're a DOCTOR that we see!! IGNORANCE really shows from you!
"Please correct me if I am wrong." On what? You've stated that "Second, these trucks don't have jack brakes." Uh yes they DO all trucks have them. By the way use a spell checker. It's not JACK it's JAKE!!!
Personally, if he wanted this then HE should have got with his neighbors!!
From your comments everyone now knows who you are. It seems that you are much more upset about all of us knowing about your disability claims than about the trucks. Since I have family that works with agencies that are working to remove fraudulent disability claims please know that I have notified them of your address and you will be watched and checked on both at home and elsewhere. As a tax payer I would encourage everyone to report people that make false claims for disability--it is our tax money that is providing for you and your family.
Not hard to amuse people like you.
"It seems that you are much more upset about all of us knowing about your disability claims than about the trucks." Go figure. How did you come up with that?
"Since I have family that works with agencies" Your point, is WHAT?
"please know that I have notified them of your address and you will be watched and checked on both at home and elsewhere." By the way, you have NO clue as to why we are on disability!! IGNORANCE!! I guess we should be SCARED, oh please.
"As a tax payer I would encourage everyone to report people that make false claims for disability" Exactly, you should report people that make false claims, but remember there are all different kinds of disability. Would hate for you to look like an IDIOT, take that back I DON'T CARE!! YOU SHOW REAL STUPIDITY ANYWAYS.
"it is our tax money that is providing for you and your family." How is that? I want to see what real education you've had on this matter. As far as I can see it, NONE. HHHMMM, maybe you need to get one.
Why are you so worried about what we do and not what's being and has been talked about? Let me spell it out for you, T-H-E T-R-U-C-K-S I DID NOT buy my property to see or hear them.
Your front door literally faces the back of Mr. Seigler's property. No matter what is in the back of his property - that will always be in the front of yours. Can you even see the trucks with the Cypress trees that have been planted all along the entire drive?
Please do not insult anyone on this forum, we are not here to call names or put people down. We are all adults. This should be used as an avenue to find out people's opinion, and hopefully arrive at a solution. Slander is not wise especially when put in written form.
I have been living here before he put the trucks in.
"Can you even see the trucks with the Cypress trees that have been planted all along the entire drive?"
Yes I can.
"these trucks do not have jake brakes. Not all trucks have jake brakes."
Yeah you are right not all trucks have jake brakes but semi's do. Just the other day one of truckers were using it.
"turning in on your part of the gravel"
See alot you know at the end of my driveway there is not gravel its called concrete.
"then apparently your are not disabled"
I never said I was disabled. Where did you get your info on me being disabled?
And with Mr. Seigler I've never had a problem with him. He's always been very nice. I don't like the seeing or hearing the trucks is my thing.
"Please do not insult anyone on this forum, we are not here to call names or put people down. We are all adults. This should be used as an avenue to find out people's opinion, and hopefully arrive at a solution. Slander is not wise especially when put in written form."
By the way, I don't need people to threaten me with having agencies watching me. I'll call it as I see it. I'm not disabled and claiming that I am, is IGNORANCE. Have you ever talked to me on the subject? Uh no, because you'd know that I am not disabled and you wouldn't make accusations that I am.
I'll put my college degree and federal employment up against your educational background. It was not a threat that your case would be reviewed just a statement of fact. Please just answer the questions without all the name calling and insults.
I am pretty sure John was living there before you bought the property. You should have thought about the fact that you could see ANYTHING when you walked out your front door. I would be thankful it is just a small gravel lot with a few trucks...which I believe you can only see glimpes of between the trees he has planted.
I am a personal friend of John. I have been there numerous days and nights. Honestly, I never heard the trucks. I think the drivers do a good job of being courteous and quiet while pulling in and out of the driveway.
Too bad you are being so negative about all of this. It might have been a great opportunity for John to employ you...get you off the disability.
"I am a personal friend of John. I have been there numerous days and nights. Honestly, I never heard the trucks. I think the drivers do a good job of being courteous and quiet while pulling in and out of the driveway" HHMM personal friend, I'd back up my friends, too. Well I've heard them, my friends have heard them and also my kids. The truckers being curteous and quiet, if so, why would they, not all, use jake brakes driving down the driveway. Then as they are warming up the trucks they rev them up? Or how about several Saturdays ago talking about how people in Banks County don't know how to count, due to what was said at the meetings, 18 trucks at one time. Do you find that being curteous?
"Too bad you are being so negative about all of this. It might have been a great opportunity for John to employ you...get you off the disability." How would this have been a GREAT OPPORTUNITY for me? Not my line of work!! Like I've said before I'M NOT ON DISABILITY. But then you bring up name calling and people bashing. What is it you're doing? You claim I'm on disability and I AM NOT. What gets me is that you and a couple of other people bring that up and WHERE DO YOU AND EVERYBODY ELSE COME UP WITH THAT CONCLUSION?
I don't see where, when I call or have called people like you and several others IGNORANT, GET A REAL EDUCATION OR STUPIDITY is name calling or people bashing. Like I've said before, "Have you ever talked to me on the subject?" And the answer is "Uh no, because you'd know that I am not disabled and you wouldn't make accusations that I am."
When you make accusations and they are wrong because you've listened to other people instead of going to that person, what would that person be called? Ignorant and/or stupid.
I am really sorry you are so bitter and angry. I don't know what else to say. You have your own issues as we have seen with the new drive-way you installed to keep your other neighbor from turning in on your part of the gravel.
Mr. Seigler has spent alot of money planting trees to block the view. He has tried to extend the olive branch to each of his neighbors from getting puppies out from porches to the use of equipment free of charge.
You are right I am not a doctor, but I am not ignorant either. I just don't know what to say to someone who apparently is just a mean person. What I should have said is if you can jump hills on a dirt bike, run a post hole digger, and shovel gravel, then apparently your are not disabled and can get a job like the rest of the hard working citizens in Banks County.
Grow up!* and Stop hatin' on a disability people, which has nothing to do with this (:
k thanks. bye
goodbye (:
- Second, my mother isn't on disability, it's my dad, get YOUR facts straight, before you run it.
"Second, these trucks don't have jack brakes."
- yes they do*(:
"It is a shame that John trying to earn an honest living has turned into name calling and people bashing."
- name calling? it's the truth, truth hurts.
"I am pretty sure John was living there before you bought the property."
- Yes he was living there.
"You should have thought about the fact that you could see ANYTHING when you walked out your front door."
- How can you see it? If it WASEN'T there to begin with?
"I would be thankful it is just a small gravel lot with a few trucks...which I believe you can only see glimpes of between the trees he has planted."
- Hah, the trees don't cover nothing sweetie, we live near him, you don't.
"I am a personal friend of John."
- Personal friend ? who cares.
"Honestly, I never heard the trucks. I think the drivers do a good job of being courteous and quiet while pulling in and out of the driveway."
- You need to go get your ears checked. Because i'm the neighbor and I hear them ALL the time.
"Too bad you are being so negative about all of this. It might have been a great opportunity for John to employ you...get you off the disability."
- Negative ? Your suppose to be, it's blogging, speak yor mind. Were free to say whatever. Got a problem ? Deal with it.
My thing is, my parents didn't buy the house to see nor hear trucks day in night. And us kidds sure don't wanna hear the crap either. I need sleep and more than likely so do you. Have more respect for the ones who live near him unlike you.
okay thanks ?
hope you get some GOOD sleep, unlike some of us.
taxes are so high. If they would quit worrying about it being
"rural" their taxes wouldn't be so high. Approving a Banks
Countian to have a business is not going to create a "greater
Atlanta" in little Banks County! If it was not a
local citizen wanting to do this I might could see it, but
these people are local. This would create JOBS!!! What part
of that do you people NOT understand????? Good Lord, when
are you people going to wake up and allow some industry in
this county so that the citizens don't have to go out of
county to work?
The county will NEVER grow as long as the same old people run the county that has done so for the last century!!!
By the way, don't you realize, it's the job of the county commission to destroy growth in Banks? Yea, let's close down an existing business sending the workers to the GDOL for unemployment. Maybe the county can increase the taxes to help those people with their property taxes!!
Morons, I've said it then and I say it NOW!
I have personally seen things like this happen and it cost my family almost their total farm operation.
What are you talking about things like this almost cost your family their total farm operation? He doesn't want to rezone. He just wants to do what is right - RENEW his business license to PARK his trucks - on his land...a small portion on the back side of his five acres.
Do you even know where the industrial/commerical corridors are - Banks Crossing, that's where. According to Mr. Covington. Who in Banks County can afford that land?
If this should be against the law, then why was one of the planning and zoning officers allowed to rezone his land to commercial for his fence company? Mr. Segars would you like to answer this? His land is right around the corner from Keith Covington himself off of Silver Shoals Road - no too far from Mr. Seigler.
There are ten families that will be affected - BANKS COUNTY CITIZENS because of false accusations. Learn what is really going on before believing what you read or hear. Most of these people have lived in Banks County all of their lives. We are just trying to survive. Are you willing to pay our bills when people like you, Ms. Kimsey, Mr. Parks, and Ms. Hobson close Mr. Seigler down? Mr. Seigler is not building anything, bringing in illegal immigrants, running a crack house, operating an illegal business, or running trucks in 24/7, he just wants to park his trucks - that he has worked hard to pay for - on his property. You are condemning a man for earning an honest living.
I will ask all that oppose this to show up at the commissioners meeting on Tuesday. I want to see the faces of the people that are going to take mine and my husband's job from us.
You need to read the Banks County Comprehensive plan.
You need to read the code of ordinances for Banks County.
How is this business forcing Banks County farmers to decrease the size of their operation or go out of business??? It sounds like he is helping to get the products to Fieldale so that all the chicken farm operations in Banks County can stay in business!!!
First. Why did Keith Covington deny Mr. Seigler a renewal of his business license? From the article it looks as though all he is trying to do is park his trucks. By looking at his land plot online - he has five acres to park.
Second. Why does Mr. Seigler have to rezone? He is a small business - not commerical. Why is Keith Covington forces Mr. Seigler to rezone? If he is reissued his business license then all will be unchanged. There is no reason to rezone - hense keeping the landuse the same...Agriculture/Rural.
Finally. This is to you Mr. Seigler. It would seem to me that you need to round up as many small businessman that operate a business on their property or out of their home to take with you to the Commissioners meeting on Tuesday. What they do to/for one they have to do/for all.
Mr. Covington denied renewal of business license unless Mr. Seigler rezoned to C-2. After several attempts to renew business license with Mr. Covington he continued to refuse the license renewal without rezoning first. On Saturday, 02/28/09, at 3:03 pm Mr. Covington issued a citation to Mr. Seigler for "failure to renew business license" with a subpoena to appear in Magistrate Court scheduled on March 14,2009 at 9:00 am. At approximately 8:00 am on March 14 Mr. Covington had his office notify Mr. Seigler that he would be unable to appear in court as scheduled. I understand that he was out of the office for 4 days and would not be back in town until the day after his court date. The magistrate court clerk stated that Mr. Covington rescheduled the court date one hour prior to the time to appear.
Mr. Seigler was left no choice by Mr Covington except to apply to rezone the property and renew his business license.
I do agree with your statement that small business owners in BC need to be concerned because if Mr. Covington can single out this business to discriminate against they might be the next one on his list.
Have you even been to the courthouse or online to see a copy of the plat???
If so, you would not be making stupid comments about a large industrial plant locating on this property.
I don't think a large industrial company can do anything on five acres. I maybe wrong. I agree that I wouldn't want any large industry next door to me. Again, Keith Covington is the one forcing the C-2 issue.
Please allow me to stress, Mr. Seigler doesn't want to rezone C-2. He is being forced to by Mr. Covington. He wants to remain Agriculture/Rural, renew his business license, and park his trucks, like he had been doing all along. Nothing new - no new buildings, no new nothing. Mr. Seigler may trade trucks as the current inventory wears out, but he is not building a Flying J by no means. He has planted trees to block the view of adjoining land-owners. He has had a Banks County Company do landscaping such as plant grass to prevent any erotion from the banks where he planted trees. He has had several loads of gravel brought in to prevent mud in the roadway. He has his trucks professionally washed to keep them neat in appearance. He is doing everything possible to minimize any disturbance.
I guarantee you if you did not know where these trucks were parked you would not be able to locate the lot just by driving down Yonah Homer. Nothing is going to change from what is already occuring. NOTHING. Mr. Seigler is just trying to adbide by the law and renew his business license that was issued to him last year, but Mr. Covington keeps changing the rules. I personally think Keith Covington is playing both sides of the fence.
I hope to meet with you at the meeting Tuesday night, I really feel that you are not getting the entire story. It is not the terrible nightmare that some have made it out to be. I just wish if people had issues with their neighbors that they would be kind enough to visit with the problem neighbor and try to come to a resolution before trying to damage someone and their business. I am sorry, but I cannot stand back and watch people say terrible lies about someone that has been so good to me and my family.
I do appreciate your comments.
He told me and others that this business did not meet the criteria to rezone except for C-2.
Mr. Covington also has stated go ahead and file to rezone "Because that is not going to happen".
Since the planning and zoning meeting I have been told by many business owners in BC that Mr. Seigler was given incorrect information by Mr. Covington. It seems to me that the citizens in BC should expect more from their county officials. Maybe some honesty and integrity.
Second, these trucks don't have jack brakes.
Third, they are not loaded so they do not violate the tonnage rule. Do you expect that NO trucks be given access to Yonah Homer? Then you need to file a petion against ALL trucking companies that use this road, including the DOT and Electric Companies. Furthermore, since the trucks are not loaded, so warf rats, as you call them, are not a problem on Mr. Seigler's property. If you have them, then you need to look at the cause on YOUR property.
Fourth, this house will not be used as a dispatch house. Mr. Seigler is residing where these trucks are parked, and this home will continue to be a residence to either him or someone/some family.
Fifth, Fieldale has parking for Fieldale Trucks. Their insurance will not allow non-company trucks to park overnight on their property.
Finally, please don't let your children play close to any road. What if a car blew a tire..If speed is an issue, call the Sheriff and file a formal complaint. I would ask that you are able to document with pictures and other devices the vehicles in question.
I would hope that a compromise can be accomplished. These trucks leave in the morning hours and return in the evening. Please stop saying they are leaving all hours of the night - that is just a bold face lie. I am sorry, but I have to call that out.
Nobody is judging anyone from this side. We are just trying to show both sides of the equation. Mr. Seigler would welcome any of his neighbors to visit with him to reach a fair and reasonable option for all. How can he if people are signing "anonymous". What are you afraid of? I stand firm in my beliefs and I am not afraid to stand up when I feel someone is being done wrong.