STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Public Meeting at 6:30 p.m. on Tuesday, February 19, 2008, 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 Harper, Chairman

Warren E. Holder, District I Commissioner

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

          Randy Stamey, Vice-Chairman, 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; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant County Manager; Mike Bush, Finance Director; Michael Harris, Planning & Zoning Services Division Director; Jim Luebbering, Building and Development Services Division 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 called for acceptance of the agenda.  Commissioner Mathis made the motion to approve amended the agenda; Commissioner Holder seconded.  The motion carried unanimously.

Presentations

          The Board presented the following proclamations: 

Establishing the Month of March as
Child Safety Month in Henry County

WHEREAS, our children are our greatest asset and keeping them safe is our highest priority; and

 

WHEREAS, approximately 58,000 children go missing each year; and

 

WHEREAS, it is estimated that 77 percent of students are mentally, verbally, socially or physically bullied in some way; and

 

WHEREAS, approximately one out of five girls and one out of ten boys will be sexually abused before reaching adulthood; and

 

WHEREAS, the community can and should take steps to empower our children by educating them in defense strategies such as bully defense, identifying stranger warning signs, break away techniques, internet safety and safe harbors, as well as prevention practices to help keep them safe;

 

NOW, THEREFORE, BE IT PROCLAIMED, that the Henry County Board of Commissioners wishes to proclaim the month of March as Child Safety Month in Henry County and encourage citizens to educate their children about the very real dangers that are an unfortunate reality in today’s world and enroll them in programs that empower children by building self-confidence, promoting safety strategies, instilling danger avoidance and teaching self-defense practices.

 

Dr. Terry Oatts, Colleen Findura, Mary Berg,
Judith Haynes and Celica Alexander

For Saving the Life of Mr. Eric Williams

 

          WHEREAS, A middle school basketball referee, Mr. Eric Williams, collapsed during a recent game at Woodland Middle School, and parents and faculty of the school immediately came together as a team to coordinate and perform what would prove to be lifesaving measures on Mr. Williams and;

 

          WHEREAS, Colleen Findura quickly ordered someone to call 911 to ensure help would arrive as soon as possible and; 

                                           

          WHEREAS, Colleen Findura and Mary Berg, both registered nurses who were attending the game, performed CPR on a pulseless and breathless Mr. Williams and;

                      

          WHEREAS, Woodland faculty member, Judith Haynes retrieved the recently purchased automatic external defibrillator (AED) to use on Mr. Williams and;

                                                                                                                 

          WHEREAS, Mary Berg, together with Woodland faculty member, Celica Alexander attached the AED to Mr. Williams, whereupon Mrs. Alexander operated the device, which detected the need to shock and did so twice and;

 

          WHEREAS, the swift-thinking and decisive measures taken by these citizens were so effective that Mr. Williams had regained consciousness and was alert by the time Henry County Fire Department Engine Number 11 and Rescue Number 13 arrived at the scene, and is now doing well and;

 

          WHEREAS, The School Principal, Dr. Terry Oatts, recognized the importance of and exercised proactive measurements to ensure that an AED was purchased for the school and his faculty were properly trained;

 

          NOW, THEREFORE, BE IT PROCLAIMED, that the Henry County Board of Commissioners, together with the Henry County Fire Department, would like to commend the heroic efforts of the citizens and faculty who intervened so quickly and courageously to save Mr. Eric Williams’ life.  

          Mr. Williams was present for the meeting and publicly thanked everyone involved in saving his life.  Chief Jenkins also presented certificates to the citizens who assisted in saving Mr. Williams life and also to the school, Woodland Middle School, for investing in the necessary equipment needed.

Rezoning – Mohammed A. Awad of Stockbridge, GA – RZ-07-30

          Mohammed A. Awad of Stockbridge, GA requested a rezoning from RA (Residential Agricultural) to C-2 (General Commercial) for property located at 72 Valley Hill Road, in Land Lot 92 of the 12th District.  The property consists of 1.65+/-acres, and the request is for retail and a restaurant development.  The Zoning Advisory Board recommended Denial on January 10, 2008.           

Jeremy Gilbert presented the agenda item to the Board.  The subject property is surrounded by single-family residential properties.  The request is inconsistent with the Future Land Use Map, which designates the subject property for Low-Density Residential land uses at up to 2.5 dwelling units per acre. 

Marquitrice Wright represented the applicant.  Mr. Awad is an established business man in Henry County with two businesses in close proximity to the subject property.  Mr. Awad felt this is an adequate location and the highest and best use for the property.  The building is proposed to be a multi-use building with retail use as well.

There was discussion regarding property currently zoned Commercial that is not functioning in that capacity.  Commissioner Mathis suggested staff consider recommending reversions on property that was zoned years ago and are not functioning in that use and does not fit the Current or Proposed Land Use Map.

 A letter from the Henry County Water & Sewerage Authority was presented that stated Henry County does not service the subject property; service would be provided by either the City of Stockbridge or Clayton County.  There was also a letter from the Environmental Health Department that stated there is an on-site septic system but if the property was zoned commercial with a restaurant the septic system would not be adequate. 

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

Commissioner Bowman made the motion to deny the applicants request to rezone the subject property to C-2 (General Commercial); Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Mohamed A. Awad, of Stockbridge, GA (RZ-07-30) applied to rezone property from RA (Residential-Agricultural) to C-2 (General Commercial) for a commercial development located at 72 Valley Hill Road, (Parcel ID Number: S15-01-043-000) in Land Lot 92 of the 12th District, consisting of 1.65+/- 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 recommended denial of the rezoning request from RA (Residential-Agricultural) to C-2 (General Commercial) on January 10, 2008;

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners denies the above rezoning request.  

A request for a partial abandonment of a portion of a public road known as Bridges Road by Haddon Place, LLC and Square One Properties

          Terry McMickle, Public Works Division Director, presented the agenda item to the Board.   The request by Haddon Place, LLC was stipulated in the development agreement between Henry County and Kelly Plantation, LLC.  There were two requests to abandon sections of Bridges Road.  The first section of Bridges Road begins at the south land lot line of land Lot 129 in the 7th district and continuing south 1,492.35, and more particularly described on the plat marked “Exhibit A”, Tract II (A copy of the plat is on file in the County Clerk’s Office).  The total area for this request is 1.023 acres.

          The second request by Square One Properties, Inc. was to abandon and revert back to the owner a portion of the proposed relocated Bridges Road right of way as shown on a plat for Henry County DOT dated July 26, 1999 for right of way acquisition of the Elsie Carmichael Boyd property and more particularly described on the plat marked “Exhibit A” (A copy of the plat is on file in the County Clerk’s Office) shown as parcel “C” being 1.660 acres.  Henry County agreed to conditions of the owner to donate the right of way on the proposed project to relocate Bridges Road.  The condition required for the project to start within three years.  The project has not been started as of this date.

           Chairman Harper called for public comments form anyone wishing to speak regarding the request by Haddon Place, LLC and Square One Properties to abandon a portion of Bridges Road.  Those speaking in opposition were Tamika L. Fluker on behalf of the Kelly family, Carol Kelly and Keith Seiler.

 John McGarity, representative of Square One Properties gave background information at to why the request to abandon a portion of Bridges Road was made.  There was an agreement with Henry County, Henry County Water Authority and the land owners that Bridges Road would be paved to the existing creek.  Preliminary work was done by Henry County DOT and right of way was requested to realign North Bridges Road to Mt. Carmel.  The reason for the request to abandon is the right of way splits his property.  Mr. McGarity stated if he needed to withdraw the request to abandon and the county would like the road to remain open and improvements made, he would be in agreement.

          Chairman Harper called for a motion regarding the request by Haddon Place, LLC to abandon a portion of Bridges Road.  Commissioner Stamey made the motion to deny the request to abandon a portion of Bridges Road; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Haddon Place, LLC. has filed with the Board of Commissioners of Henry County, a Petition for Partial Abandonment of a portion of a public road known as Bridges Road, located in Land Lots 129 of the 7th  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”, and

 

NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County, Georgia, at its public meeting duly assembled, denies the request to abandon  a portion of Bridges Road  shown marked on a plat which is attached hereto marked Exhibits “A”, and by reference made a part hereof.

          Chairman Harper called for a motion regarding the request by Square One Properties, Inc. to abandon a portion of Bridges Road.  Mr. John McGarity, representing Square One Properties, Inc. withdrew the request to abandon a portion of right of way for a public road known as Bridges Road. Commissioner Stamey made the motion to proceed with a preliminary engineering concept on the Bridges Road Extension from Mt. Carmel to Willow Lane and to include the alignment of North Bridges Road; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Square One Properties, Inc., filed with the Board of Commissioners of Henry County, a Petition for  Abandonment of a portion of right of way on public road known as relocated Bridges Road, located in Land Lots 113 of the 6th  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”, and described as Parcel “C” and being 1.660 acres;

 

WHEREAS, the property owner withdrew the request to abandon a portion of right of way for a public road known as Bridges Road

 

NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County, Georgia, at its public meeting duly assembled, authorize staff to proceed with a preliminary engineering concept on the Bridges Road Extension from Mt. Carmel to Willow Lane and to include the alignment of North Bridges Road.

 

A request to abandon a portion of a right of way on a public road known as Westridge Parkway

          Terry McMickle, Public Works Division Director, presented the agenda item to the Board.  The request is to abandon a portion of superfluous right of way at Westridge Parkway and declare the property surplus.  The total area is 0.37 acres.

          Chairman Harper called for public comments from anyone whishing to speak in opposition to the request; there were none.

          Commissioner Mathis made the motion to abandon a portion of right of way on a public road known as Westridge Parkway and declare it surplus; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Lost a Lure, LLC,  has filed with the Board of Commissioners of Henry County, a Petition for  Abandonment of a portion of right of way on public road known as Westridge Parkway, located in Land Lots 222 of the 7th  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”, and being a total of .37 acres

 

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 right of way on Bridges 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 right of way on  Westridge Parkway , shown marked on a plat which is attached hereto marked Exhibits “A” and being .37 acres, and by reference made a part hereof, is hereby abandoned and declared surplus.

 

Approval of Minutes

          Commissioner Mathis made the motion to approve the February 4, 2008 minutes; Commissioner Stamey seconded.  The motion carried unanimously.

County Manager Comments

          There were none.

County Attorney Comments

          There were none.

Public Comments

          Shanice Jones, a Senior Girl Scout with Troup #28 and a student at Stockbridge High School, spoke to the Board regarding global warming and the importance of recycling to save the earth.

Upcoming Meetings

           1.      Monday, March 3rd @ 9:00 a.m., Regular BOC meeting The Tuesday, March 4th meeting has been cancelled.

           2.      Monday, March 18th @ 9:00 a.m. and Tuesday, March 19th @ 6:30 p.m., Regular BOC meeting

Executive Session

Commissioner Mathis 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 Stamey seconded.  The motion carried unanimously.

 

(Executive Session was held.)

 

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

Commissioner Mahtis made the motion to approve the affidavit and resolution pertaining to executive session; Commissioner Stamey seconded.  The motion carried unanimously.

Commissioner Mathis made the motion to adjourn; Commissioner Basler seconded.  The motion carried unanimously.

                                                                                      Jason T. Harper, Chairman

 

Shay Mathis, County Clerk