Editor’s note: this is the full version of the story that published in the print edition of StarNews, Sunday, February 9, 2025 that may also be viewed on this website: look for “FEBPRINT EDITION flipsnack”.

by Janice Daniel

The Mayor and Council of the City of Villa Rica met for their Regular Monthly Meeting on Tuesday, January 14^th, 2025 at 6:00 p.m.  All were present except Councilmember Anna McCoy, who entered the meeting 42 minutes after it started.  The Invocation was offered by Councilmember Shirley Marchman, and the Pledge of Allegiance was led by Officer Michael Reed of the VRPD.

The Regular Meeting was closed to allow for the annual meeting of the Public Facilities Authority.  Minutes of last year’s meeting were read and approved, and the officers were approved as follows:  Chair – Mayor; Vice Chair – Mayor Pro Tem; and Secretary – City Clerk.  The meeting was then closed and the Regular Meeting was re-opened.

James McBurnett was recognized for five (5) years of service with the city, and John Bain, Utilities Director, said that McBurnett was a big part of the improvements made to the Waste Water System, and that he is a great team member.  McBurnett is now the Lead Waste Water Operator and does training with other members of the team.

A Proclamation was read which recognized the 70^th Anniversary Year of the George Washington Carver High School, which opened its doors in September, 1955, on Alabama Street in Carrollton.  The school was founded as a segregated, consolidated county high school to serve only African American students grades 8 through 12 in all of Carroll County.  The Carver high school opened its doors just six months after the historic Supreme Court decision that outlawed segregation in the nation’s public schools.  Carver High School was one of many “black schools” built by the State of Georgia to defy that decision and operate under the “separate but equal” status illegally.

According to the proclamation, Principal L. S. Molette, backed by an impressive HBCU-trained faculty who regularly dished out valuable facts of life along with their academic lessons to encourage all Carver students to rise to their God-given potential and become known for their unique gifts, talents and personalities.  The students of Carver excelled and went on to become elected officials, educators and business leaders, entertainers and sports heroes, as well as achieving significant rank and honor in U.S. military service, largely due to the safe and nurturing space at Carver where black teens were able to temporarily escape the harsh realities of the Jim Crowe world.  

Four graduates of the George Washington Carver High School, including Councilmember Shirley Marchman, were recognized at the meeting.  Mayor Leslie McPherson urged everyone to visit “The Carver High Experience” Traveling Exhibit on display during the month of February at the Villa Rica Public Library.

The following people spoke during the Public Comment portion of the meeting:

Pamela Whyte, on the topic of the Ethics Board discussed in the Work Session, said she has asked multiple people where to file ethics complaints to no avail. “Y’all were out of compliance with it and just acting like that’s okay.  Injustice to the people seemed to be deliberate.”  Ms. Whyte also compared former City Manager Tom Barber and Mayor Leslie McPherson to the wolf and the fox.  “We just didn’t know what you were doing to us.”

Lisa Hewitt stated that she had heard an “ugly rumor” that the council was about to allow Light Industrial Zoning on the south side of I-20.  “I am against that.  There is a lot of residential and schools there” and she added that once you let industrial there, “you can’t undo it.  Keep industrial on the northside of I-20 where it already is.”

Nora Halliday, speaking about the Main Street Advisory Board bylaw changes proposed, said, “a lot of power is being given to two people who are not accountable to anyone.”  She added that there is the possibility of monetary mistakes.  “Who would have control?  Three people have resigned [from that board] since the election.”  Halliday said she thinks the Main Street Board is under investigation by the State, and that they are on probation.  She stated that she is one of the board members for Main Street as of now.

Doug Lang also wanted to talk about the ethics board, and said he wants to make an appointment with somebody concerning that board as the council goes forward with it. “The city has an opportunity to do something very good or very bad.  Citizens should be involved from the very beginning…and make the people a part of the process.”

Alita Farmer talked about the RAISE Grant (which was a consent item from the work session. (See story page 10 of print edition on “flipsnack”).  She said the city received a RAISE Grant on 4/12/2022 which stated, “a new water line on Cleghorn and Andersons Streets, which is integrated into the roadwork network upgrade, would dramatically enhance low water pressure in the central northeast side of Villa Rica.”  She accused council of receiving $1,603,719 ($1.6M) in a 2022 RAISE Grant and asked what happened to that money.? “We will be submitting a request that y’all show proof of what was done [with it].”

In Council Updates, Councilmember Stephanie Warmoth thanked Interim City Manage Diana DeSanto for her help in getting the radar speed sign on Dallas Highway, and said it was greatly needed to determine traffic calming.  She also mentioned measures to be taken against GFL trash service for poor service during the winter storm.

Councilmember Matthew Momtahan thanked the city crews who kept the roads safe during the winter storm.

Consent Agenda that had been prepared at the work session was read and approved unanimously.

Councilmember Danny Carter nominated Councilmember Anna McCoy for 2025 Mayor Pro Tem, which was approved unanimously. 

Mayor McPherson said the Mayoral Standing Committee members from the council would remain the same as last year, which was also approved unanimously.

Interim City Manager DeSanto asked for two appointments to the Convention and Visitors Bureau Board of Directors,  Camilla Chandler and Frank Pritchett, both of which were approved unanimously.

Nick Griffin, Deputy Director of Building Development, presented the Jameson Towns Phase 1 Final Plat Approval, but said the city will withhold permits until the May 24, 2022 conditions on the development have been fulfilled.

Rezoning Request RA-05-24 for 628 South Street was presented by Nina Shabazz, and applicant Jeff Matthews of 215 W. Bankhead Highway, Villa Rica. Matthews said this property is owned by the Sheffield family who has lived there since 1978, but now are moving to Ashbrook. He added that this is the ninth piece of property of nine (9) parcels that he has purchased in that area, starting at I-20, and that his request was approved by Staff and the Planning and Zoning Commission.  Councilmember Momtahan asked if Matthews was in agreement with zoning conditions of 3/23 and 11/23, to which Matthews said “yes,” and will all the nine properties be merged? To which Matthews also answered “yes.”  

In the Public Hearing for this rezoning request, no one spoke for or against, and it was approved by Council unanimously.

Licensing Specialist, Whitney Cox, presented ABL-03-25 for Kuviha Group, Inc. of 113 Commons Way, for a presumptive license for the District 2 liquor store.  Cox said the applicant, Milan Patel, has complied with all ordinances and passed the background check. The property is currently empty, but the applicant is working to convert several connected buildings into one large space that will meet the Distilled Spirits store requirements.  City Attorney Kevin Drummond said that, although Patel is the fourth applicant for a liquor license in the city,  none of the other three have begun building at their locations, so he said that perhaps Patel may be the first to actually obtain the presumptive liquor license. No one spoke at the Public Hearing concerning this issue. Council approved this request 3-1 with one abstaining.

Utilities Director John Bain presented the proposed Intergovernmental Agreement (IGA) for the City of Villa Rica to purchase water from Douglasville/Douglas County. This new agreement supersedes and terminates the 2008 Agreement and the 2023 Short-Term Agreement, and is intended to be a mid-term agreement while Villa Rica pursues long-term water supply options.  This agreement becomes effective April 1^st of 2025 and is a ten-year term to be looked at again in five years.

One point of the agreement is that it shall automatically terminate should the City of Villa Rica violate the annexation agreement between the City and the Douglas County Board of Commissioners dated April 17, 2007, or any future annexation agreement between the city and the Douglas County Board of Commissioners.  City Attorney Drummond said that clause refers to a potential growth line beyond which Villa Rica would not annex without the approval of Douglas County.  Councilmember McCoy asked if there was any correlation between annexation and the previous water purchase agreement, and Drummond said he could not fully answer about the 2007 agreement since it was before his time.

Councilmember Carter said that he was on the council at that time, and part of the written agreement was that Douglas County would pay Villa Rica for the sewage service that went into the city’s portion of Douglas County, which Douglas County paid for a while and then stopped. As it all worked out, Douglas County withheld $750,000 of the money they owed to Villa Rica, and earned $50,000 of interest on the money before they finally paid the $750,000; however, they kept the $50,000 of interest income. Bain advised that this water purchase agreement does not address anything about sewer service. 

Councilmember Momtahan made a motion to approve the new IGA, with a second from Councilmember Warmoth.  The motion was approved 3-2 with Carter and McCoy opposed.

City Financial Officer Jennifer Hallman gave the Financial Report as of November 30, 2024 as follows:

Total Cash at $46,896,432 (slightly lower than this time last year.

The Water/Sewer Fund finally received the GEFA loan proceeds, and sales tax for both Douglas and Carroll is coming in strong.  Spending is occurring out of the TAD bond proceeds, as well as Capital Projects. Douglas County SPLOST was up 179%.

The next Agenda item was presented by DeSanto, as TA-01-25, a Text Amendment to establish Section 4.18, Technology Park Overlay District, and add new definition to section 13.01.  The Technology Park Overlay District is established for the development of higher echelon technology and business development seeking to develop separate facilities for management headquarters, data centers, training areas, low-impact light manufacturing, motion picture, television and other multi-media production research and development operations and offices.  Operations shall cause no radiation or radioactivity at any exterior wall and no electrical radiation that affects any operation or equipment other than those of the creator of the radiation.

The establishment of such a district requires a predetermined development plan, appropriate screening, adequate separation from other land uses and more stringent controls.  It is the primary intent of this district to allow for such areas in order to meet contemporary needs.  The following sections are addressed within the TPOD: permitted uses, permitted accessory uses, lot standards, lighting requirements, parking requirements, landscaping and buffering, and noise. The requirements will separate the TPOD from dense residential areas and limits the impact on communities.  

Both Staff and the Planning Commission recommend approval of this text amendment.

Council questions started with Councilmember Momtahan confirming that the TPOD requires that at least 20% of the area must be pervious (green space or natural surface).  

Mayor McPherson said she wants to make sure residential areas maintain their quality of life other than what is already in place.  She noted, “some of the property fronts on Hwy. 61, but what about the rest?”  

Interim City Manager said the intention is to put further restrictions on top of what a property is already zoned for, but it was not lost on the audience that the next item on the agenda is precisely for a rezoning from agricultural and residential to light industrial.

Due to some questions from the council that seemed to indicate their misunderstanding of the text amendment, City Attorney Drummond said “Any rezoning would have to come before council.  This is an ordinance, not yet applied to any particular property.”

When the Public Hearing was started, no one stood in favor of the proposal. Ten (10) citizens spoke in opposition with comments like, “this only gives people the right to invade neighborhoods,” and “sounds like writing a blank check to developers on an awful broad spectrum [of businesses],” and  “we all see the next thing on the agenda,” and  “water run-off into rivers and streams need to be addressed.”  

Some comments were directly against council, such as “if the city wants this, put it in the city, we don’t want it,” and “you’ve already made up your minds as to what will be there.”

Chris Gore asked “Do y’all realize this [will be] testing the limits of our infrastructure? It won’t benefit citizens, won’t create jobs, you’re just chasing the dollar, and it’s not right.  Ville Rica is a little town, not a big city.”

Luz Morales, a member of the Planning & Zoning Commission, said she was speaking neither for nor against the proposal, but wanted to answer a qualifying question:  “If a parcel of land is zoned residential, the Technology Overlay cannot be put on top of that area unless it comes back before P&Z and the City Council.” 

Interim City Manager DeSanto said “this is only adding it to the zoning code, it provides additional restrictions as new projects and companies are in the environment.” 

Councilmember Momtahan pointed out that zonings of Light Industrial under the Technology Overlay will restrict that area from Heavy Industrial, such as the aluminum smelting plant.

City Attorney Drummond added, “any time there is a change to the Zoning Map, that is a zoning decision, and it requires Notice in the paper, signs on the property, and a Public Hearing.  It doesn’t happen automatically.”

The text amendment to add the Technology Park Overlay District and add new definition to section 13.01 of the zoning ordinance was made into a motion by Councilmember Carter, seconded by Councilmember Momtahan, and approved by Council 4-1 with Marchman opposing.

After approval of the text amendment, DeSanto presented the next item on the Agenda, RA-06-24 Rezoning Request and ANX-01-24 and ANX -2-24 Annexation Request for Parcel 168 0090 on Hickory Level Road, and Parcel 169 0120 on 2664 South Van Wert Road, with the amended survey to reflect a parcel split for the residence on the property to remain within Carroll County, with the applicant request that the property be designated as a PUD for permitted uses as identified in the Techology Park Overlay District.  

No objections were received from Carroll County government regarding the proposed annexations.  

Two conditions are tied to this request:  1) No additional residential units will be proposed or approved with this PUD zoning, and 2) Sewer capacity and conveyance is to be addressed and agreed upon with the city in the form of a Development Agreement.  Proposed uses could include any business defined as Light Industrial, such as a corporate campus with administrative operations, technology park with electrical substations, research and development or other computer operations, and data processing, to name a few.

The introduction of this item was followed by an outburst from the audience that sounded like something one would hear at a sporting event, only these people were not cheering for anything.  Seemingly from the level of noise in the room, every person in the audience was in opposition to this item which they knew was coming next.

Joe Fowler, Douglasville, was there to speak for the applicant, Mike Embry.  Fowler said that any PUD is like an overlay district which defines what you can build, what density it will be, how far away it has to be from neighbors, and what the ordinance plan says you have to do in order to be compliant.  “The city has the right to stop anything not in compliance,” he said.  “This is not an industrial blank check. Staff would review every site plan, it would be presented at a Public Council Meeting, and a Public Hearing would be held. They will come back with a Development Plan through the Planning & Zoning Commission, which would then make its way to the City Council.”

Carroll County School System Superintendent Scott Cowart, was at the meeting to support the application.  He said that unless it is rezoned to something other than residential, the city could have up to 900 homes across from Bay Springs and that would be “a heavy burden on the county school system.”

Everyone else who spoke was in opposition to the application. A few of them are quoted here:

Paul Cutler talked about the fact that battery storage facilities were classified as light industrial, and said the solvents that leak out of them are so dangerous that they have been outlawed in Europe. He also said there are five subdivisions on South Van Wert Road. “It doesn’t get any more residential than that.” Cutler went on to point out the decibel levels that will affect these homes, industrial waste water discharge, big trucks up and down Van Wert, etc. He fears the light industrial will change the structure of the Van Wert community.  He also asked the council to consider Fulton Industrial Blvd as an example, and said it’s half empty because of rampant crime in that area. He also said he had checked into the Villa Rica Industrial Park and that there are six (6) parcels open there. He was also concerned that buildings in the proposed Technology Park District Overlay can go up to 65 feet, or nine stories, tall.

Dan Christner said he talked to a friend of his about the meeting and his friend said, “Don’t even go to the meeting.  It’s a done deal.”  He asked the council to prove his friend wrong.

Susan Krane said she moved to Villa Rica to get away from the big city Smyrna area, and there is already a humming noise at her house from surrounding businesses. She stated she’s very much against the rezoning due to the noise it will definitely bring.

Fowler reminded the mayor that his client has rebuttal time left on the clock. Mike Embry came to the podium to speak. He said the PUD he is requesting will not all be developed at the same time. “The market will drive technology, and technology is the goal here.”

Councilmember Warmoth asked, “so you want to focus on technology, but also have residential?” Embry replied that he would prefer to do technology only, but reminded council that the Technology Overlay does not take away the terms of the original PUD, the 900 homes he could fall back on. But he added that he would commit to do away with the possibility of residential completely, “if you give me the Technology Overlay” and added, “I am trying to invest a lot of money into Villa Rica.”

At this point chatter in the audience was so loud the councilmembers could not hear Embry’s answers, so the mayor had to quiet everyone down.

Councilmember McCoy said, “We understand that people don’t want more houses, more people, more children to burden the schools, and we are trying to honestly do the best we can, but we have to have a guarantee of no residential,” to which Embry replied, “I have already made a commitment to do away with all residential.”

Mayor McPherson reminded everyone that “We have to put ourselves in their place; the people who own the land have the right to sell it.”  

Interim City Manager DeSanto added, “Noise levels are addressed in the TPDO, in fact there are more conditions there than we already have.” She admitted that waste water would have to be addressed, but the process of site plans will have to come before staff first, and she also said that buffer sizes can be extended by the council.

City Attorney Drummond stated the form in which the motion would have to be made as follows:  ‘I make a motion to approve rezoning for parcel 168 0090 and the two tracts of parcel 169 0120, and amend the PUD to be subject to the Technology Park Overlay District of the ordinance, and further amend the PUD to remove all residential housing, including all which was previously approved by council, and subject to recommendations by staff regarding water and sewage service to the area.’

Councilmember Carter made that motion. Councilmember Momtahan seconded. Counil approved the motion unanimously.

Then council had to take care of the annexation in two separate motions, both of which council also approved unanimously.

At this point most of the people in the room exited, surprisingly subdued.

Attention was then turned to DeSanto’s request for ratification of the bylaws of the Main Street Advisory Board.  A ratification is brought before council when something has already been done or bought before the required council approval.  However, council did not seem to be in agreement with these changes to the bylaws and tabled this item until February meeting.

Council did approve a proposal from Residential Enhancements, Inc. for Administrative and Grant-Related Service to assist staff in the development of an owner-occupied Housing Rehabilitation Program, which does not commit the city to anything unless such grant is approved.

DeSanto also requested appointment of Bobby Elliott and CFO Jennifer Hallman to fulfill the duties of Interim Deputy City Manager for a period of six (6) months, with Elliott to be paid hourly not to exceed 32 hours per week, and Hallman volunteering her services as part of her duties as CFO. This request was approved unanimously by council.

Lastly, since Bobby Elliott was filling the role of Engineer Consulting Services, a replacement for him was presented as Teal Education & Engineering Consulting, LLC as the City Engineer, to include project management services until Elliott can resume this role.  Council approval was unanimous.

Meeting was then adjourned.