STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a regularly scheduled Public Meeting at 6:30 p.m. on Tuesday, January 16, 2007, in the Community Room, County Administration Building, 140 Henry Parkway, McDonough, Georgia.  Notice of this meeting was posted in the entrance foyer of the County Administration Building. The Daily Herald was notified of this meeting. Those present were:

 

            Jason T. Harper, Chairman,

            Warren E. Holder, District I Commissioner

            Elizabeth (“B.J.”) Mathis, Vice-Chairman, District II Commissioner

            Randy Stamey, District III Commissioner

            Reid A. Bowman, District IV Commissioner

            Johnny B. Basler, District V Commissioner

 

Also attending were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Rob Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager; Michael Harris, Planning and Development Division Director; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant to the County Manager; Mike Bush Finance Director; Angie Bailey, Interim Administration Division Director; Roy Clack, SPLOST/Capital Projects Director; and others.

 

(NOTE: Audio of this meeting is available with the County Clerk in the Board of Commissioners’ Office and will be retained for a period no less than twelve (12) months from the date of this meeting.)

 

Chairman Harper called the meeting to order and announced that the following zoning would not be heard at the meeting:

Soang Chi Lieu of Chamblee, GA; RZ-06-54; Commissioner Bowman, District 4 (Presenter:  Cheri Hobson-Matthews, Assistant Director

Soang Chi Lieu of Chamblee, GA requests a rezoning from R-2 (Single-Family Residence) to C-2 (General Commercial) for property located northwest of the intersection of Jodeco Road and Meadow brook Drive.  The property is located in Land Lots 50 and 79 of the 6th District, consisting of 3.36+/- acres.  The request is for the development of a retail center.  The Zoning Advisory Board recommended approval on December 14, 2006.

Commissioner Mathis made the motion to approve the agenda with an amendment to add the appointment to the Metro North Georgia Water Authority; Commissioner Stamey seconded.  The motion carried unanimously.

 

 

PROCLAMATION:

            The following proclamation was presented:

Whereas, Jake Fountain completed his Eagle Scout project at Nash Farm Battlefield, repainting and renovating the wooden pole barn structure located next to the metal barn to enable it to be used to seat visitors who are waiting for the mule-drawn rides during reenactments and other special events held at the Nash Farm Battlefield;

Whereas, Jake also constructed and painted wooden benches to seat approximately 30 people under this structure; 

Whereas, Jake’s hard work on this project saved the County more than $1,000 in labor resulting in a shaded structure that will improve the overall park experience for thousands of visitors for years to come;

Whereas, in addition to earning the rank of Eagle, Jake’s other Scout achievements include the Den Chief Service Award, the Mile Swim and Snorkeling Award, completion of Greenbar National Youth Leadership Training, and being the only person in his troop to be elected the Senior Patrol leader for three terms;

            NOW, THEREFORE, BE IT PROCLAIMED, the Henry County Board of Commissioners wishes to express its appreciation to Jake Fountain for his outstanding service to his community through the Boy Scouts of America, and his generous gift of time and labor to renovate the pole barn at Nash Farm Battlefield, thus making visitors’ experiences more enjoyable as Henry County’s rich Civil War History and life during the mid 1800’s is brought to life around them.

 

            Resolution regarding Delta Airlines

            Commissioner Mathis made the motion to approve a resolution opposing an acquisition or merger involving Delta Airlines; Commissioner Holder seconded.  The motion carried unanimously. The following resolution was approved:

            Whereas, Delta Air Lines (Delta) became an air passenger airline in 1928 and inaugurated service to four (4) cities in 1929; and

            Whereas, Delta moved its worldwide headquarters to Atlanta, Georgia in 1941 and became the largest private employer serving Georgia and the Atlanta metropolitan area; and

            Whereas, Delta and its employees have worked hard to regain an industry position of strength and leadership after a number of difficult years for the airline industry; and

            Whereas, Delta is an important institution and corporate citizen of Henry County, Georgia; and

            Whereas, it is in the best interest of the citizens of Henry County and the Employees of Delta Air Lines, as well as the economic welfare of the entire region, for Delta to continue to exist as a stand-alone independent company with its worldwide headquarters in the Atlanta metropolitan area.

            Now, Therefore, Be It Resolved by the Commissioners of Henry County, Georgia, that Henry County opposes any acquisition or merger involving Delta that may diminish the importance of Delta as a major employer and corporate citizen in the Atlanta metropolitan area.

 

PUBLIC SAFETY

            Donation from the Stockbridge High School Science National Honor Society

            As part of their yearly community service project, to demonstrate their commitment to the community as well as show their care and concern for the companion animals in Henry County, the students of Stockbridge High School’s Science National Honor Society desire to donate $220 to the Henry County Animal Shelter.

            Commissioner Stamey made the motion to accept the donation; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution.  (A certificate was presented to Ms. Janice Work, Science Instructor at Stockbridge High School and the students of the National Honor Society).

WHEREAS, Janice Work, Science Instructor at Stockbridge High School and Stockbridge High School’s Science National Honor Society Sponsor, advised that the Henry County Animal Shelter has been chosen, for the third consecutive year, to be the recipient of the Stockbridge High School Science National Honor Society’s annual community service donation; and, 

            WHEREAS, the Stockbridge High School Science National Honor Society students wish to donate $220.00 to the Henry County Animal Shelter to show their commitment to community service; and

            WHEREAS, this donation will be used by the Henry County Animal Shelter to care for animals housed at the facility; and

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the acceptance of the $220.00 donation from Stockbridge High School Science National Honor Society to be used by the Henry County Animal Shelter for the care of stray and homeless animals housed at the facility. 

 

            Bid Award for the installation of Emergency Lights, Siren and Miscellaneous Accessories for police patrol vehicles

            New vehicles have been ordered for the Police Department’s Uniformed Patrol Division; emergency lights, siren and miscellaneous equipment are required to equip each vehicle for service.

            ITB (Invitations to Bid) were issued to twelve (12) area vendors; four (4) vendors submitted bids for this purchase.

Commissioner Holder made the motion to award the bid to Law Enforcement Supply in the amount of $117,520.00 and authorize the Chairman to execute the contract; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, sealed bids (SB-07-26-112006-1) were solicited for the purchase and installation of emergency vehicle lights and accessories for the Police Department; lights and accessories will be installed on twenty-six (26) patrol vehicles ; and,

            WHEREAS, four (4) vendors submitted bids for this purchase, as indicated on attached bid tab; and,

            WHEREAS, funds are available in the Capital Equipment account to complete this purchase; and,

            WHEREAS, Law Enforcement Supply has submitted the lowest and most responsive bid for the purchase of emergency vehicle lights and accessories; departmental personnel recommend award to Law Enforcement Supply.

NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-07-26-112006-1 to Law Enforcement Supply in the total amount of $105,658.80 for the purchase and installation of emergency lights and accessories.

            BE IT FURTHER RESOLVED by the Board of Commissioners that the Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase

 

            Bid Award for the purchase and installation of in-car rear view mirror video units

            New vehicles (26 each) have been ordered for the Police Department’s Uniformed Patrol Division and the in-car rear view mirror video units are required to equip each vehicle for service.

            ITB (Invitations to Bid) were issued to eleven (11) vendors and posted on the County’s website.  Four (4) vendors submitted bids for this commodity.

            Commissioner Mathis made the motion to award the bid to Security Technology Systems in the total amount of $117,520.00 and authorize the Chairman to execute the contract; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, sealed bids (SB-07-31-122006-1) were solicited for the purchase and installation of in-car rear view mirror video systems  for the Police Department; these video systems will be installed on twenty-six (26) patrol vehicles; and,

            WHEREAS, four (4) vendors submitted bids for this purchase, as indicated on the attached bid tab; and,

            WHEREAS, funds are available in the Capital Equipment account to complete this purchase; and,

            WHEREAS, Security Technology Systems has submitted the lowest and most responsive bid for the purchase and installation of the video systems; this vendor is bidding exact specification requirements.

            NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-07-31-122006-1 to Security Technology Systems in the total amount of $117,520.00 for the purchase and installation of twenty-six  (26) each in-car rear view mirror video systems.

            BE IT FURTHER RESOLVED by the Board of Commissioners that the Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

 

PUBLIC WORKS

            Speed Humps in the Thorne Berry Subdivision

            The residents of the Thorne Berry Subdivision have requested that speed humps be placed within their subdivision.  The required number of residents have signed a petition in accordance with Henry County’s Speed Hump Ordinance, and staff has verified the addresses of the residents.

            A speed study was conducted and indicated there was speeding in excess of 11 mph’s of the posted speed limit.  Staff recommended the speed humps be installed.

            Commissioner Mathis made the motion to approve the installation of speed humps in the Thorne Berry Subdivision; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the residents of Thorne Berry subdivision have signed a petition in accordance with the Henry County Speed Hump Ordinance; and

WHEREAS, the number of residents signing the petition, meets the required majority; and

WHEREAS, the Henry County D.O.T. staff has verified the address of those residents who signed the petition; and

WHEREAS, the locations for the placement of the speed humps have been determined. 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners, authorizes the Chairman of the Board to give approval to the D.O.T. staff to proceed with the installation of the speed humps.

 

            Abandonment of the Public Road known as Old McDonough Road

            Staff stated this request was part of a development agreement for the McDonough Parkway Extension between Kirkland Road, LLC, Crown Properties, LTD and Henry County.  The request is to abandon a portion of Old McDonough Road. 

            Chairman Harper called for public comments from anyone wishing to speak in opposition to the request; there was no response.

            Commissioner Stamey made the motion to approve the abandonment of a portion of Old McDonough Road; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Henry County Department of Transportation , has filed with the Board of Commissioners of Henry County, a Petition for Partial Abandonment of a portion of a public road known as Old McDonough Road , located in Land Lots 92 and 93 of the 7h District of Henry County, Georgia; and 

WHEREAS, that portion of said road sought to be abandoned is shown on a plat which is attached to the said Petition, marked Exhibits “A & B”, and

WHEREAS, after due considerations, it appears that the property sought to be abandoned is no longer needed for public road purposes because of changed conditions and because it has ceased to be used by the public to the extent that no substantial public purpose is served by it, and it further appears to be in the best interest of all concerned as well as in the best interest of the public and Henry County, Georgia, to abandon that portion of Old McDonough Road ought to be abandoned by the aforesaid Petitioners;

NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County, Georgia, at its public meeting duly assembled, that a portion of Old McDonough Road shown marked on a plat which is attached hereto marked Exhibits “A & B”, and by reference made a part hereof, and a copy of which is on file in the office of this Board, be, and same is hereby abandoned.

 

            Bid Award to purchase plant mix asphalt

            The Department of Transportation requires plant mix asphalt for various County projects.  Having a contract for this material allows quick access to the product and guarantees prices will remain firm for the contract period.  This was bid for a contract period of six (6) months.  Sealed bids were mailed to four (4) local and area vendors; two (2) vendors responded.  Departmental personnel recommended award to E. R. Snell Contractor as overall low bidder.

            Commissioner Holder made the motion to approve and authorize the Chairman to execute the contract; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, sealed bids (SB-07-30-121506-1) were solicited for the purchase of plant mix asphalt for the Department of Transportation ; and,

            WHEREAS, two (2) vendors submitted bids for this purchase, as indicated on the attached bid tab; and,

            WHEREAS, funds are available in the Department of Transportation budget for this commodity; and,

            WHEREAS, E. R. Snell Contractor, Inc. has submitted the lowest and most responsive bid for the purchase of plant mix asphalt; departmental personnel recommend award to E. R. Snell Contractor, Inc.

            NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-07-30-121506-1 to E. R. Snell Contractor, Inc.; award shall be as a Unit/Price Contract with no fixed quantities; prices shall remain firm for the contract period.

            BE IT FURTHER RESOLVED by the Board of Commissioners that the Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

 

SPLOST/CAPITAL PROJECTS

            Amendment to the Sports Lighting Contract with Georgia Power Company

            Staff stated in March of 2006 the Board entered into a contract with Georgia Power Company for lighting of athletic fields (not including parking areas).  When the contract was approved the cost of copper was increasing and when the materials were ordered the price had increased tremendously. 

            The request is to increase the contract amount for park lighting due to the increase of copper wiring.  The increase would be funded with recreational impact fees.

            Commissioner Holder made the motion to approve and authorize the Chairman to execute all necessary documents; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Board approved a contract with Georgia Power for park lighting on March 20, 2006 in the amount of $3,550,744.00; and

WHEREAS, this contract was to fund lighting of 20 new athletic fields, one tennis facility and upgrade current and future athletic field lighting systems with a 10-year lease agreement; and

            WHEREAS, this amendment is requested due to the price increase of copper wiring from the time the contracts were originally signed to the time construction began; and

            WHEREAS, a total increase of $69,850.00 would be funded with recreational impact fees; and

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves an amendment with the Georgia Power Sports Lighting contract and authorizes the Chairman of the Board to sign all necessary documents for this amendment.  All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

 

 

PLANNING & DEVELOPMENT

            Gilmore Partners, LLP of Stockbridge, GA – RZ-06-43

Gilmore Partners, LLLP of Stockbridge, GA requests a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for property located southwest of the intersection of Millers Mill Road and Springdale Drive.  The property is located in Land Lot 30 of the 11th District, consisting of 96.08+/- acres.  The request is for the development of a single-family conservation residential subdivision. The Zoning Advisory Board recommended denial on September 28, 2006.  A request for a Conditional Use will be heard following the rezoning request.

Staff stated the subject property is located southwest of the intersection of Millers Mill Road and Springdale Drive.  The Future Land Use Map designates the subject property for public and institutional land uses.  The area is comprised of R-2 subdivisions that range in minimum lot sizes of 18,000 to 30,000 square feet.  The applicant submitted a yield plan that came to a yield of 165 lots.  The conceptual plan, submitted by the applicant, depicts 165 lots on 96.08 +/- acres with a net density of 1.95 dwelling units per acre.  Lots within the development will be a minimum of 10,890 square feet.  The conceptual site plan depicts that 39.09 +/- acres, which comprises nearly 41% of the gross land area, will be preserved as open space.  The applicant is proposing a minimum house size of 2,500 square feet and to have all sides to be constructed of brick, stone, or stucco, with cement fiberboard in the gables, cantilevers, dormers and accent areas.  The property is located near a Clayton County Reservoir, which requires (per the Clayton County Code) 150 feet of pervious surface setback.  The applicant meets this requirement.  Staff recommended approval with sixteen (16) conditions.  

Andy Ausband, Ausband & Farr Attorneys, represented the applicant for the rezoning request.  Mr. Ausband presented drawings and photographs of the area and the proposed design for the development.  Mr. Ausband stated within the proposal along Millers Mill Road, not to clear cut the trees, but to limb the trees and install understory  landscaping to camouflage the subdivision along the road.  This option is better than a berm because a berm becomes a catch all for trash over a period of time, if not properly maintained.  The site plan depicts the same plan along Springdale Drive but the difference is it will not be a straight 70 foot buffer, in some areas there will be a 50 foot buffer.  The entrance to the development is proposed for Springdale Drive as a boulevard entrance with landscaping.  The average price for the homes is estimated to be $350,000.00.  The homes that boarder the reservoir are estimated to be within the five to six hundred thousand dollar range.  Sidewalks are proposed for both sides of the roads within the subdivision.  The applicant is not in favor of placing sidewalks along neither Millers Mill Road nor Springdale Drive.  The applicant is in favor of granting the County an easement for future development of sidewalks.  A park is proposed at the corner of Springdale Drive and Millers Mill Road for athletic fields and the applicant is agreeable to granting a sidewalk type access from the development to the park property.  There is an amenity proposed for the development with either a swimming pool or tennis courts and complimented with a playground.  Walking trails with picnic areas and park benches are proposed throughout the greenspace area.  A second entrance along Millers Mill Road was removed from the plans but a spot was left for possibly an emergency entrance. 

Chairman Harper asked Mr. Ausband if he was in agreement with the proposed sixteen (16) conditions.  Mr. Ausband indicated he is in agreement.

Commissioner Holder asked Mr. Ausband for the minimum lot size within the subdivision.  Mr. Ausband stated the minimum lot size would be 10,000 square feet; the average lot size is 15,000 square feet. 

Commissioner Holder asked Mr. Ausband the allowable uses in the buffer areas for the portion of the property that abuts the Clayton County Reservoir.  Mr. Ausband stated he didn’t have the information at the current time.

Commissioner Bowman asked the applicant if he had a layout of the proposed subdivision for a R-2 zoning.  Mr. Ausband presented the layout and explained that they had to establish that the property qualified for an R-2 District before they could apply for an R-2 Conservation Subdivision.  The characteristic layout of the land lends itself to a conservation type of subdivision because of the water, maturity of the trees, etc.   

Commissioner Bowman asked Mr. Ausband the plans for protecting the existing cemetery.  Mr. Ausband stated experts would be hired to define the boundaries.  The applicant has no intentions to take ownership of the cemetery or to move the cemetery.  According to information he received, Mr. Ausband stated the cemetery is currently being maintained by the County.  If the County does not maintain the cemetery it would become the obligation of the Homeowners Association to maintain it. 

Commissioner Bowman stated he would like for the emergency entrance to be a part of the development.  Mr. Ausband stated it would not be paved, but would agree to grant the County the easement for emergency purposes.

Commissioner Bowman stated he would like for the waterfall to remain in the plans for the boulevard entrance.  Mr. Ausband confirmed.

Commissioner Bowman stated the lots should be sodded as far as possible; no straw and no seed.  Mr. Ausband agreed.

Commissioner Bowman stated if approved, he would like for the roof pitch of the main body of the homes to be eight (8) and twelve (12).  Mr. Ausband agreed.

Commissioner Bowman asked how many phases were planned for the development.  Mr. Ausband stated a minimum of two (2) phases, but it would be more realistic to anticipate three (3) phases.

Commissioner Bowman asked how many homes would be delivered per year. Mr. Ausband stated approximately 40 to 50 per year.  Commissioner Bowman stated that would be approximately a three and a half to five years for built out (after streets are in place).  Mr. Ausband stated that would be a reasonable anticipation.

Commissioner Basler asked if the buffer along Millers Mill would be a 70 feet buffer.  Mr. Ausband confirmed.  Commissioner Basler asked if Millers Mill Road was widened in the future, would right of way have to be acquired.  Staff stated right of way would have to be acquired and it would be nice to reserve the right of way.

Staff stated condition #7, on the proposed resolution, states a twenty foot (20’) wide buffer shall be maintained along the perimeter of the entire property, as per the Ordinance. A seventy foot (70’) buffer would need to be added, per the site plan with the exception of the emergency access.

Commissioner Stamey asked if approved, would the applicant donate a fifteen foot (15’) easement along Springdale Drive to allow for access to the proposed park.  Mr. Ausband stated he would agree to that.

Mr. Ausband stated he misspoke when asked if he agreed with the sixteen (16) conditions.  Condition #11 requires sidewalks along Millers Mill Road and Springdale Drive.  Sidewalks are proposed within the subdivision and an easement could be granted to allow for sidewalks, if needed, along Millers Mill Road and Springdale Drive.

Also, condition #13 reads there shall be two (2) entrances to the proposed subdivision, etc.  Mr. Ausband stated he would like for this to say there shall be a boulevard entrance along Springdale Drive and an emergency entrance along Millers Mill Road. 

Commissioner Mathis asked for clarification regarding the additional twenty feet (20’) of right of way along Millers Mill Road, would the applicant agree to donate this for future widening of Millers Mill Road.

Chairman Harper stated if the twenty foot buffer is donated the subdivision is no longer a conservation subdivision.

Commissioner Stamey asked what the proposed buffer along Millers Mill Road is on the proposed plan.  Mr. Ausband stated the buffer is seventy feet (70’).  Commissioner Stamey stated if twenty feet (20’) is donated, there is still a fifty feet (50’) buffer remaining.  Staff stated that would also cut into the required 40% of greenspace.

Commissioner Holder asked who would have the title to the seventy feet (70’) buffer.  Mr. Ausband stated the Homeowners Association.

Commissioner Holder asked if there could be an agreement that if/when right of way is need that it be conveyed at no cost to Henry County.  The zoning would be approved and the development would not be held liable for not having the necessary greenspace to comply with a conservation subdivision.

Staff stated the issue should be addressed in the open space management plan that the applicant will be required to submit to the Development Plan Review Department.  It could be outlined in the terms of the covenants of the subdivision.

Chairman Harper called for public comments from anyone wishing to speak in opposition of the request.  Those who spoke in opposition were

·        Debbie Allison, a resident of the Cotton Plantation Subdivision

·        Wanda Lowery, 1104 Millers Mill Road, a resident for 30 years.

·        Carl Parker, a resident of the county since 1936

·        Linda Moye, 36 Tracetrain in the Cottonfields Subdivision

·        Rick McGuire, a resident of the Cotton Plantation Subdivision

·        Barbara Fitter,  a resident of the Cottonfields II Subdivision

Speaking in favor of the request:

·        Kevin Allen, a resident of the English Oaks Subdivision

Commissioner Mathis asked Mr. Terry McMickle, Public Works Division Director and staff, what the plans are for Millers Mill Road and signalization in the area.

Mr. McMickle stated staff indicated to him that the Georgia Department of Transportation would be letting the contract for biding on the project at Hwy. 155 and Millers Mill Road on Friday, January 19, 2007.  It would be 60 days after approval of the bid before a notice to proceed was done.  The project would be longer than nine (9) to twelve (12) months because of the substantial construction of the project.  It could be approximately two (2) years for completion.

Commissioner Bowman stated he has studied the request and from the Land Use Map and the Future Land Use Map the entire area is zoned R-2.  The density issues are understood but the R-2 zoning (not R-2 Conservation Subdivision) is in keeping with the area and what the County would like to bring to the area.  The citizens concerns are understood.

Commissioner Bowman made the motion to approve the rezoning condition with the sixteen (16) recommended conditions; Commissioner Holder seconded.

Commissioner Holder asked if the amendments that were made earlier are included in the conditions.  Commissioner Bowman stated that was is intention to include the changes.

The changes are:

Condition #13 – There shall be one boulevard entrance, to include a fountain as depicted on the current site plan, to the proposed subdivision along Springdale Drive.  An emergency entrance that meets the requirements of the Henry County Fire Department shall be provided along Millers Mill Road.

            Condition # 8 – Yards to be completely sodded except for existing vegetation or landscaped areas where ground cover material is installed

            Condition #11 is deleted in its entirety

            An additional condition –An amenity package, which shall include swimming pool, and/or tennis courts, a playground, and a trail system shall be provided to the residents of the development, and shall be installed prior to the completion of the first phase of the development except for the trail system.

            Chairman Harper asked the applicant if he was in agreement with the conditions.  Mr. Ausband confirmed.

            Chairman Harper stated there was a proposed condition regarding the right of way being donated.

            Commissioner Holder stated staff indicated this could be handled through the Development Plan Review Department.

            Staff stated this condition could be made a part of the open space management plan that is a requirement of the Conservation Subdivision Ordinance.

            Commissioner Holder asked Mr. Ausband if he approved of making a condition regarding the donation of right of way a part of the agreement.  If and when the right of way is needed, it would be conveyed at no cost from the Homeowners Association Property.

            Mr. Ausband stated conceptually there is no problem conveying the property to the county at no cost as long as it does not affect the zoning.  He stated he didn’t feel like he could legally give a definitive answer.

            Patrick Jaugstetter, County Attorney, stated there is an Ordinance that states if right of way is acquired from a property owner, the acquisition of the right of way would not render the use of the property illegal.  If twenty feet (20’) of right of way is acquired along the greenspace of this project, the zoning would not become illegal because the right of way was acquired.  If the right of way is acquired before the site plan is approved, there might be a problem with the site plan.  If the site plan is approved before the right of way is acquired it should be alright.

            Commissioner Bowman stated the condition to read “additional right of way will be donated to the County after approval of the final plat for the final phase of the subdivision to the extent that the donation will not jeopardize the legality of the development.  In the event this condition is challenged successfully, the condition is voided.”

            Commissioner Bowman amended the motion to add the changes to the conditions; Commissioner Holder amended his second.  The motion carried unanimously approving the following conditions:

  1. There shall be a mandatory Homeowners’ Association that shall oversee the maintenance of all common areas of the proposed development, including open space and amenity areas.
  2. The minimum house size shall be 2,500 square feet of heated floor area.
  3. All houses shall be constructed of brick, stone, or stucco, with cement fiberboard in the gables, cantilevers, dormers, and accent areas.
  4. There shall be no more than 165 lots within the proposed development.
  5. The development shall have uniform mailboxes throughout.
  6. Streetlights and underground utilities shall be required.
  7. A twenty foot (20’) wide undisturbed buffer shall be maintained along the perimeter of the entire property.  If the existing vegetation is not adequate to screen the development from neighboring properties, the buffer shall be enhanced with a planted vegetative buffer consisting of a minimum of four (4) rows of trees planted with a twenty foot (20’) separation between trees and staggered so as to provide a vegetative screen.  Three-quarters (3/4) of the trees shall be large screening trees as outlined in Section 3-7-220 of the Henry County Code. In addition, the open space area shall be cleaned of debris with the trees having limbs removed up to at least ten feet (10’) from ground level.
  8. All yards to be completely sodded except for existing vegetation or landscaped areas where ground cover material is installed
  9. There shall be a tree-lined streetscape that will include one tree to be located on each interior lot and two trees located on each corner lot.  Canopy, evergreen, and/or understory trees may be included in the streetscape.
  10. A landscaping plan shall be submitted to the Development Plan Review Department for review and approval.
  11. All entrances shall have a deceleration lane/acceleration taper, which shall be constructed to Henry County Department of Transportation standards.
  12. There shall be one boulevard entrance, to include a fountain as depicted on the current site plan, to the proposed subdivision along Springdale Drive.  An emergency entrance that meets the requirements of the Henry County Fire Department shall be provided along Millers Mill Road.
  13. Each entrance shall meet the minimum intersection sight distance required per the posted speed limit of the road.
  14. A walking trail, meeting the requirements of the Georgia Accessibility Code, and park benches, shall be provided within the open space area of the development.
  15. An amenity package, which shall include swimming pool, and/or tennis courts, a playground, and a trail system shall be provided to the residents of the development, and shall be installed prior to the completion of the first phase of the development except for the trail system.
  16. Additional right of way will be donated to the County after approval of the final plat for the final phase of the subdivision to the extent that the donation will not jeopardize the legality of the development. In the event this condition is challenged successfully, the condition is voided.
  17. Notwithstanding anything to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in such a manner so as to require any violation of any existing building, development, stormwater and/or any other applicable codes.

 

Gilmore Partners, LLLP of Stockbridge, GA – AP-06-16

Gilmore Partners, LLLP of Stockbridge, GA requested a conditional use for property located southwest of the intersection of Millers Mill Road and Springdale Drive.  The property is located in Land Lot 30 of the 11th District, consisting of 96.08+/- acres.  The request was for a single-family conservation residential subdivision.  The request was denied by the Zoning Advisory Board on September 28, 2006.  The applicant filed an appeal with the Henry County Planning and Zoning Department on October 18, 2006.

Staff stated per the Conservation Subdivision Ordinance the applicant would be required to not only rezone the property to R-2 but also to have an approved conditional use. 

Andy Ausband, Ausband & Farr Attorneys, represented the applicant for the conditional use request.

Chairman Harper called for public comments from anyone wishing to speak in opposition to the request; there was no response.

Commissioner Bowman made the motion to overturn the denial and approve the conditional use request; Commissioner Holder seconded.  The motion carried unanimously 4-0-0 (Commissioner Basler was not present for the vote) approving the following resolution:

WHEREAS, Gilmore Partners, LLLP of Stockbridge, Georgia, applied for a conditional use (CU-06-20) for the development of a single-family conservation residential subdivision on property located southwest of the intersection of Millers Mill Road and Springdale Drive (Parcel ID Number 087-02-034-000), in Land Lot 30 of the 11th District, consisting of 96.08+/- acres; and

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

WHEREAS, the Henry County Zoning Advisory Board reviewed and denied the request for a conditional use on September 28, 2006.

NOW THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners overturns the denial and approves the aforementioned applicant’s conditional use request.

 

            Southern Lumber II, LLC of Stockbridge, GA – RZ-06-56-AX

Southern Lumber II, LLC of Stockbridge, GA requests a de-annexation for property located on the west side of West Main Street, south of Amah Lee Road.  The property is located in Land Lot 231 of the 6th District, consisting of 17.93+/- acres.  The request is for de-annexation from the City of Hampton.  The Zoning Advisory Board recommended denial on November 30, 2006.

Staff stated the current zoning of the property is R-2 (Single-Family Residence).  On October 11, 2005 the Hampton City Council approved to de-annex the subject property.  This request is concurrent with a request to rezone 41.03 +/- acres from R-2 and R-3 to R-3 with a net density of 3.18 dwelling units per acre.  Per Section 36-36-11(a) of the Official Code of Georgia the subject property does not exceed the 3.6 dwelling units per acre requirement.

Jeff Grant represented the applicant.  Mr. Grant stated this is the first time property has been de-annexed back to the County.  He stated to de-annex the property the City of Hampton had to approve it, which they did, and the County has to accept it and that’s the request before the Board.

Chairman Harper called for public comments form anyone wising to speak in opposition to the request.  Those who spoke in opposition were:

·        Marty Meeks, 110 East Main Street

·        Rusty Nealis, 579 Amah Lee Road

Chairman Harper stated there have been times where the Cities have annexed property and the county continues to provide the police and fire service and in many cases the water service and it is a drain on the County.  When property is annexed the Cities receive the fees, permitting rights, zoning conditions, and if it’s commercial property, the Cities receive more and the County continues to pay for the infrastructure.  Not specifically the City of Hampton.

Commissioner Mathis made the motion to approve the de-annexation; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Southern Lumber II, LLC of Stockbridge, Georgia (RZ-06-56-AX) requested a de-annexation from the City of Hampton for property located on the west side of West Main Street, south of Amah Lee Road, (Parcel ID Number 021-01-002-000) in Land Lot 231 of the 6th District, consisting of 17.93+/- acres; and

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

WHERAS, the Henry County Zoning Advisory Board reviewed and recommended denial of the de-annexation request on November 30, 2006.

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the de-annexation request.

 

            Southern Lumber II, of Stockbridge, GA RZ-06-56 and Royce Grant of McDonough, GA AP-06-27

            Commissioner Mathis made the motion to table the rezoning request for RZ-06-56 and the appeal to a decision to deny a variance request for AP-06-27 to the second meeting in February because of road issues.

            Chairman Harper asked Mr. Jeff Grant if he agreed with the motion.  Mr. Grant stated yes, he agreed.

            Commissioner Holder seconded the motion.

            Chairman Harper stated he would be out of town for the second meeting in February (Feb. 19th & 20th) and Commissioner Stamey also would not present.

            Commissioner Holder stated it is important to meet when all Commissioners can be present. 

            Commissioner Mathis amended her motion to table the rezoning request for RZ-06-56 and the appeal to a decision to deny a variance request for AP-06-27 to the February 15th meeting; Commissioner Bowman seconded the amended motion.  The motion carried unanimously.

 

            Commissioner Stamey made the motion to cancel the February 19th & 20th meetings and convene all items for those meetings to a called meeting on February 15th beginning at 5:00 p.m. for administrative matters and all zonings to begin at 6:30 p.m.  Commissioner Bowman seconded.  The motion carried unanimously.

            George Leo Wilson, Sr. of Stockbridge, GA – RZ-06-62

George Leo Wilson, Sr. of Stockbridge, GA requests a rezoning from RA (Residential-Agricultural) and M-1 (Light Manufacturing) to C-3 (Heavy Commercial) for property located at 555 Highway 138 East.  The property is located in Land Lot 64 of the 11th District, consisting of 8.516+/- acres.  The request is to allow for future commercial development.  The Zoning Advisory Board recommended approval December 14, 2006.

            Staff stated a portion of the subject property is zoned RA (Residential-Agricultural) and the remainder of the property is zoned M-1 (Light Manufacturing) .The applicant’s request is to rezone the entire tract of land to C-3 (Heavy Commercial).  The applicant plans to continue restoring automobiles on the property; however, he does intend to sell the property for future commercial development.  The subject property abuts RA zoned property to the North, C-3 to the east, C-1 to the south and M-2 to the west.  The Future Land Use Map designates the property for Commercial and Service land uses. 

            George Wilson, Sr. represented the applicant.

            Chairman Harper asked Mr. Wilson if he agreed with the proposed conditions for the rezoning.  Mr. Wilson state he agreed.

            Chairman Harper called for public comments from anyone wishing to speak in opposition to the request; there was no response.

            Commissioner Bowman made the motion to approve the rezoning request with the ten (10) recommended conditions; Commissioner Holder seconded.  The motion carried 4-0-0 (Commissioner Stamey was not present for the vote).  The following conditions were approved:

  1. Applicant must meet all fire, building, and accessibility codes for a business.
  2. Applicant is required to submit a full set of plans to the Building Department in order to obtain permits.

3.   The required forty (40) foot buffer shall be undisturbed; however, if the buffer is inadequate, additional planting shall be required to screen the development from residential uses.  The following number of plant       materials shall be required for each fifty (50) linear feet, or portion thereof, of the required property buffers:

    1. One canopy tree
    2. One evergreen tree
    3. One understory tree
    4. Five shrubs

The Planning and Zoning Department shall have final approval of the landscape plan prior to the issuance of any permits.

  1. An exterior lighting plan shall require all lighting to be of moderate brightness and consist of downcast lighting.
  2. All signage shall have a consistent character and design details (such as trellis, brick, river stone, etc.) that reflect the design of the project.  A monument-based sign shall be constructed and shall not exceed five feet in height. 
  3. Parking for the development shall meet the requirements of the Henry County Code of Ordinances.
  4. The dumpster shall be placed on a concrete pad and enclosed on three (3) sides.  The enclosed area of the dumpster shall be consistent with the primary structure and located in the rear of the building.
  5. The applicant shall preserve right-of-way for intersection improvements in coordination with the Henry County Department of Transportation, if the proposed widening extends to the subject property.
  6. All new buildings shall be constructed of brick, stone, stucco, glass or any combination thereof.
  7. Notwithstanding anything to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in such a manner so as to require any violation of any existing building, development, stormwater and/or any other applicable codes.

 

BOARD AND AUTHORITY APPOINTMENTS

            Henry County Development Authority

            Commissioner Holder made the motion to reappoint W. L. Carter; Commissioner Bowman seconded.  The motion carried unanimously.

            Henry County Recreation Board

            Commissioner Mathis made the motion to reappoint Danny Dill; Commissioner Holder seconded.  The motion carried unanimously.

            Commissioner Bowman made the motion to appoint Terry Sanders; Commissioner Basler seconded.  The motion carried unanimously.

            Henry County Library Board

            Commissioner Holder made the motion to reappoint Marianne Morfoot; Commissioner Mathis seconded.  The motion carried unanimously.

            Commissioner Bowman deferred his appoint to the next meeting.

            Henry County Water and Sewerage Authority

            Commissioner Bowman made the motion to appoint Jim Lenahan; Commissioner Stamey seconded. The motion carried unanimously

            Henry County Council on Aging

            Commissioner Bowman made the motion to appoint Ernestine Evans, Diane Tomlin and Tom Howell; Commissioner Stamey seconded.  The motion carried unanimously.

            Commissioner Basler deferred his appointment to the next meeting.

            Metropolitan North Georgia Planning District

            Chairman Harper stated the Cities jointly appoint a representative to serve on their behalf for two years and then it rotates to the Chairman of the Board to appoint a representative to serve on the county’s behalf for two years.  The person serving currently is Rick Jeffries, City Manager for Locust Grove. 

            Commissioner Mathis made the motion to appoint Mr. Ken Phillips to represent Henry County as a member of the Metropolitan North Georgia Planning District; Commissioner Stamey seconded.  The motion carried unanimously.

 

ASSISTANT TO THE COUNTY MANAGER

            Bid for installation of a stairwell at the County Administration Building

            In order to approve accessibility for the general public, as well as staff, within the County Administration Building, it has been proposed that a main stairwell be added in the atrium. 

            The bid is for the installation of the metal work for the stairwell, with finishing to be completed by other county resources.  Finishing will include woodwork to match the wood handrails presently in the atrium and finishing of the stair treads to coordinate with the décor of the atrium.

            Three companies bid on the project and all three bids were responsive to the bid requirement.  Staff recommended the bid be awarded to the low bidder, Atlanta Miscellaneous Steel Fabricators in the amount of $16,950.

            Commissioner Stamey made the motion to award the bid and authorize the Chairman to execute the contract; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

WHEREAS,     the Board of Commissioners is the custodian of the county facilities and the county treasury of Henry County; AND

WHEREAS,     the Board of Commissioners desires the installation of a stairwell within the central atrium of the County Administration Building to promote public access within this facility; AND

WHEREAS,     sealed bids were received by the Budget & Procurement Department for the installation of metal stairs, with finishing work to be completed by other county resources; AND

WHEREAS,     three vendors bid on the procurement of this work, with Atlanta Miscellaneous Steel Fabricators providing the lowest responsive bid of $16,950 for the requested work.

NOW THEREFORE BE IT RESOLVED BY the Board of Commissioners of Henry County that the Board hereby awards SB-07-29-122006-2 to Atlanta Miscellaneous Steel Fabricators in the amount of $16,950 to complete the requested work, with finishing work to be completed by other county resources. The Chairman is hereby authorized to execute any required documentation to effect this purchase.

 

            Bid for Audio/Video Improvements to the Community Room

            Based on our current and projected needs, we have outgrown the present audio/video system.  The proposed audio and video system will improve the overall quality and functionality of the Board of Commissioners’ meetings by addressing the low audio levels, feedback issues and complicated switcher system while also improving our audio and video capabilities.  In addition, the new A/V system will enhance the recorded audio feed to the Control Room, thus improving the quality of the programming on the Government Access Channel.

            A Request for Proposals for this project was put out through the Purchasing Department and posted on the county website. One (1) vendor responded to the mandatory pre-bid meeting.

            The proposed vendor, dB Audio & Video, has met the qualifications.  In addition, this vendor was responsible for the installation of the a/v system in the new judicial Center’s courtrooms, which has received accolades from County and Judicial staff.

            Funding for this project will come from the Commissioners’ Contingency account.

            Commissioner Bowman made the motion to approve the contract and authorize the Chairman to execute it; Commissioner Basler seconded. The motion carried unanimously approving the following resolution:

WHEREAS, the Board of Commissioners desires to improve the overall functionality and effectiveness of the audio and video infrastructure in the Community Room to allow for a more           efficient Executive process;

 

WHEREAS,     the proposed system will improve overall audio quality and video quality as they relate to the listening/viewing experience of the Commissioners, staff, speakers and audience, as well as the quality of the recording of the Board of Commissioners meetings for the Government Access Channel;

 

WHEREAS,     suggested video upgrades include a high resolution switcher/scaler to make switching between presentation formats more user-friendly and faster, rewiring of lectern locations to meet High Resolution Data transfer standards, the replacement of a high resolution document and the installation of ten (10) individual monitors for the purpose of viewing video sources from switcher/scaler from the commissioner’s and staff locations.

 

WHEREAS,         the proposed audio upgrades include replacement of all ceiling speakers to more efficient speakers, replacement of all table and lectern microphones to permanently installed high gain condenser “gooseneck” microphones, replacement of microphone mixer with a Digital Signal Processor and multi-zone microphone mixer with automatic gating circuits which will eliminate feedback and enhance overall quality, installation of two (2) wireless microphone transmitter/receiver systems to help in the room’s versatility, strategically locating and installing two (2) remote volume control systems and the installation of an additional active microphone signal splitter to ensure high-quality recording room feed.

 

WHEREAS,     this project was bid through the Purchasing Department; bid invitations were posted on the internet.

 

WHEREAS,     only one (1) vendor responded to the mandatory pre-bid meeting and submitted a bid: dB Audio & Video whose qualifications and proposal meets our needs.

 

WHEREAS,     it is recommended that the bid be approved and the contract be awarded to dB Audio & Video in the amount of $64,908.98; contract will cover equipment, project management, engineering services, installation/testing, and training on system.

 

NOW THEREFORE BE IT RESOLVED by the Henry County Board of Commissioners that the Board hereby awards the bid and approves the contract with dB Audio & Video pertaining to the Community Room and the Government Access Channel. The Chairman is hereby authorized to execute said Agreement on behalf of the Board.

 

            GEMA Grant to purchase car laptop computers for the Police Department

            The Henry County Police Department seeks to improve its performance of officers on road patrol through the use of in-car laptop computers.

 

The GEMA grant of $116,755.50, administered through the Georgia Bureau of Investigations, will be used to purchase 50 Dell laptop computers and software for use in road patrol vehicles. These in-car computers will allow wireless access to state and national crime information centers, enabling officers to immediately obtain information such as driver’s license verification and history, registration checks, and criminal history checks. This will greatly enhance the officers’ capabilities in the field by giving them the freedom to obtain information immediately and without time restraints involved in requesting information from radio operators.

 

There are no matching funds required for this grant. The Henry County Police Department request the Board authorize acceptance of this grant and approve all budget amendments or transfers necessary for proper accounting.

            Commissioner Holder made the motion to accept the GEMA Grant and authorize the Chairman to execute all necessary documents; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Henry County Police Department seeks to improve the performance of officers on road patrol; and,

WHEREAS, the Police Department wishes to purchase 50 car laptop computers which will enable patrol officers to more quickly and efficiently perform their duties; and,

WHEREAS, the in-car computers will allow wireless access to state and national crime information centers, enabling officers to immediately obtain information such as driver’s license verification and history, registration checks, and criminal history checks.

WHEREAS, the Henry County Police Department has received a $116, 755.50 grant from the Georgia Emergency Management Agency through the Georgia Bureau of Investigations for the purchase of the laptops and software; and,

WHEREAS, there are no matching funds required for this grant,

NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners authorizes the acceptance of the $116,755.50 grant from GEMA to the Henry County Police Department and approves all budget amendments or transfers necessary for proper accounting of this resolution.

           

Approval of the Minutes

Commissioner Mathis made the motion to approve the December 17th and 18th minutes; Commissioner Stamey seconded.  The motion carried 4-0-2 with Commissioners Holder, Mathis Stamey and Chairman Harper voting in favor and Commissioners Basler and Bowman abstained.

Commissioner Mathis made the motion to approve the January 2nd minutes; Commissioner Stamey seconded.  The motion carried unanimously.

County Manager Comments

There were no comments

County Attorney Comments

There were no comments

            Public Comments

            George Watkins, 400 Leguin Mill Road spoke to the Commissioners regarding the Charter Communications Franchise Agreement.

            Skip James, Charter Communications Director of Government Relations for Georgia, responded to the concerns of Mr. Washington and the Board.

            Upcoming Meetings

·        Monday, February 5, 2007 – The time changed for this meeting.  This meeting will begin at 5:00 p.m. with a Joint meeting with the Library Board beginning at 5:30 p.m

·        Tuesday, February 6, 2007 @   9:00 a.m., regular BOC meeting

·        Thursday, February 15, 2007 @ 5:00 p.m. a called meeting (The items that was scheduled for February 19th and 20th will be heard at this meeting)

·        Monday, February 19, 2007 @ 9:00 a.m. regular BOC meeting This meeting was canceled

·        Tuesday, February 20, 2007 @ 6:30 p.m., regular BOC meeting – This meeting was canceled.

EXECUTIVE SESSION:

Commissioner Stamey made the motion to adjourn into Executive Session in accordance with the provisions of O.C.G.A. 50-14-3, and other applicable laws, and pursuant to advice by Patrick Jaugstetter, the County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters; Commissioner Basler seconded.  The motion carried unanimously.

 

                                    (An Executive Session was held.)

 

 

Commissioner Mathis made the motion to reconvene into Public Session; Commissioner Stamey seconded.  The motion carried unanimously.

 

Commissioner Mathis made the motion to authorize the Chairman to sign the affidavit of the Executive Session; Commissioner Stamey seconded.  The motion carried unanimously.

 

Commissioner Mathis made the motion to amend the agenda and to approve moving the February 5th meeting to 5:00 p.m. and invite the Library Board for a joint meeting beginning at 5:30 p.m. to interview the candidates for the construction of the library extension; Commissioner Holder seconded.  The motion carried unanimously.

 

Commissioner Stamey made the motion to amend the agenda and to authorize the County Attorney to file suit against Integra Homes; Commissioner Holder seconded.  The motion carried unanimously.

 

Commissioner Holder made the motion to authorize the County Attorney to file a dispossessory and a declaratory judgment if necessary against PaPa Johns Inc.; Commissioner Basler seconded.  The motion carried unanimously.

 

Commissioner Stamey made the motion to adjourn at 11:33 a.m.; Commissioner Bowman seconded.  The motion carried unanimously.

 

                                                                        Jason T. Harper, Chairman

 

Shay Mathis, County Clerk