The Henry County
Board of Commissioners held a Regular Public Meeting at 6:30 p.m. on Tuesday,
March 17, 2009, in the Community Room,
Reid A. Bowman, Vice-Chairman, District IV Commissioner
Warren E. Holder, District I Commissioner
Randy Stamey, District III Commissioner
Johnny B. Basler, District V Commissioner
Also attending were Shay Mathis, County Clerk; LaTonya Nix-Wiley, County Attorney; Rob Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager; Michael Sabine, Assistant County Manager; Mike Bush, Finance Director; Terry McMickle, Public Works Division 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
Chairman Mathis made the following announcement.
The following rezoning will not be heard at this meeting. When it’s rescheduled, notice will be posted on the property.
RZ-08-22 POSTPONED BY STAFF
Partners, LLC of
Chairman Mathis called the
meeting to order and called for an acceptance of the agenda.
Intergovernmental Agreement with the Water and Sewerage Authority relating to the intersection improvements of Rocky Creek Road and Hampton Locust Grove Road
McMickle, Public Works Division Director presented the agenda item to the
Board. The SPLOST Department is working
on the intersection improvement at
agreement before the Board is an intergovernmental agreement where the County
will purchase 443 stream mitigation credits from the Rum Creek Mitigation Bank
in the amount of $35,440.00. In addition
the Water Authority along with
Commissioner Bowman stated we are buying right-of-way. Mr. McMickle stated it is hopeful that GDOT will quit claim the necessary right-of-way.
Bowman asked if the County was not improving the intersection, and the Water
Authority had to run their sewer lines; are they doing this because the County
is improving the intersection or is that coming anyway. Mr. McMickle stated they are installing the
sewer lines because of the schools that are west of the intersection. Commissioner Bowman asked if the County was
not improving the intersection would the Water Authority have to purchase the
right-of-way or get it quit claimed from GDOT, and at that time would they need
87 credits. Mr. McMickle stated they
have to get 37 credits and they would still have to get those credits. However, if the County was not improving the
intersection, the Water Authority would probably try to locate in our existing
right-of-way. Because of the future
expansion the Water Authority is trying to coordinate where they place their
sewer lines so it won’t be in the way of the future expansion of
Commissioner Bowman stated the County never charged the Water Authority for locating any water utilities in the right-of-way. Mr. McMickle stated no, there is no charge for a utility permit or any easements. Mr. McMickle stated that would be taking it out of the Henry County Board of Commissioners and putting it into the Water Authority. Commissioner Bowman stated that is what we are doing, but if the County required the Water Authority to pay to put something in our easement then we would be taking funds from the Water Authority and depositing them to the County.
McMickle stated what it takes for the Water Authority to do their work is
independent of what it takes the County to do their work. The 37 stream bank credits that the Water
Authority need are because they are crossing the stream and have nothing to do
with the intersection improvement project.
It has to do with them running a sewer line to the schools. The reason for the intergovernmental
agreement is when the sewer line is installed in the land acquired from GDOT;
they are putting them in a location that will not conflict with the future
Commissioner Bowman stated the reason for the questions is because it appeared that the County and the Water Authority was buying the same credits.
Commissioner Bowman stated at $80.00 per credit, is the County paying the same amount that the Water Authority paid for it. Mr. Tony Carnell, Water Authority Division Manager, Engineering & Inspections stated there was not a direct answer to the question. For clarification, there was a design for the sewer line and there was enough right-of-way that the Authority could install the line within the existing right-of-way and there wouldn’t have been any impact to the GDOT project at all. When coordinating with SPLOST the Authority was informed of the upcoming project and the Corp of Engineers and the Consultants met and it was determined that it would be easier and faster if we apply jointly for a permit. As far as the cost for the credits, the Water Authority does not purchase credits for their projects they have a bank. When a reservoir or something of that nature is done the Authority purchases property and does their own mitigation. Mr. Carnell stated he had no first hand knowledge of the credit values, they depend on their consultants. The consultants were asked to provide a value of the subject mitigation property. At that time the market value for the credits was $80 per credit. The going rate recently came in at the low bid of $75 per credit. It’s difficult to place a value on what this particular credit is considering the Rum Creek property. The property was purchased years ago and extensive work has been done on the property.
Commissioner Basler asked if the Water Authority would be making a profit. It’s been discussed that if DOT needs the Authority to move water lines, it’s done at approximately 50% of what it cost when it’s a SPLOST project. The bottom line is that it all comes from the tax payer. Mr. Carnell stated there has always been an exchange of services between the Authority and the County. Mr. Carnell stated this project has been in the works for months. Documents have been received from the U S Army Corp of Engineers but there was another more pressing issue. The schools have been the driving factor of this project and at the start of the project it was discussed what could be done to expedite the project. As far as the dollar value of the credits; there is mitigation banks created for sewer line credits. The Water Authority has never used the Rum Creek mitigation bank for anything other than sewer line projects. When looking at the balance it makes you wonder if there are enough credits remaining for future projects but when these opportunities come where one government agency can help another, it was decided to move on the project.
Commissioner Stamey asked if the cost of the credits could be matched to the cost mentioned previously by Mr. Carnell. Mr. Lindy Farmer, Water Authority General Manager stated that can be researched. When the mitigation site was purchased it was a different time and the state of the economy was different and also there is a process for the up keep of the property annually. Mr. Farmer stated they cross mitigation property all the time and the mitigation bank was not accumulated to sell to others. At the time this project was planned the consultant for the Water Authority was contacted and they determined the price for the credits.
Commissioner Stamey asked if the resolution had to be approved at this meeting. Mr. McMickle stated there are some things to consider. In obtaining a permit, the bank had to be identified. If we change the bank the permit will have to be revised and it will stop the process on the project for approximately one month.
Mathis asked if the agreement under the heading “Approval of Execution” could
be amended to insert “credits to the County for $35,440 cash or in-kind
exchange of services”. LaTonya Wiley,
Commissioner Holder made the motion to approve the agreement with the suggested changes; Commissioner Basler seconded. The motion carried 5-0-0.
Recognition of Guests
Mathis recognized Boy Scout Troop 99 from
The Board along with the Henry County Fire Department honored Jasper Zollicoffer and Bobby Montgomery for rescuing Ms. Carolyn Nave from her burning house. The Fire Department presented the two gentlemen a certificate along with the following proclamation from the Board:
In Honor of Jasper Zollicoffer and Bobby Montgomery
For Their Bravery During a Fire Rescue
WHEREAS, A Stockbridge home caught fire on February 7, 2009 where Ms. Carolyn Nave was asleep in her bed; and
WHEREAS, two bystanders, Jasper Zollicoffer and Bobby Montgomery, upon noticing the flames, knocked and called at the door to try to wake Ms. Nave up; and
WHEREAS, upon hearing no response, Jasper and Bobby reacted quickly, kicking the door in and entering the burning home to search for any inhabitants; and
WHEREAS, Ms. Nave heard their calls at last and responded with her location, enabling Jasper Zollicoffer and Bobby Montgomery to rush back to her bedroom and pull Ms. Nave to safety as the flames grew larger and spread throughout her home; and
WHEREAS, the swift-thinking and decisive measures taken by these two brave citizens were so effective that Ms. Nave did not suffer any life threatening injuries and was taken to safety before Henry County Fire Department arrived on the scene;
BE IT PROCLAIMED, that the
The Board presented the following proclamation to the Henry County Water and Sewerage Authority for outstanding leadership and performance:
In Honor of the
WHEREAS, Henry County has benefitted from the strong leadership and vision of past and present members of the Henry County Water & Sewerage Authority (HCWSA) Board; and
WHEREAS, The HCWSA has one of the highest bond ratings possible – Aa3 – for a utility of its kind, which is a reflection of its sound financial position and fiscally responsible operations; and
WHEREAS, The Henry County Water & Sewerage Authority has more than 18 billion gallons of raw water storage – more per capita than any other community in the Atlanta region – and was one of the few utilities that successfully petitioned the state Environmental Protection Division, on behalf of its customers, for relief from a complete ban on outdoor water use, made possible by proper long-range planning, drought management, and conservation; and
WHEREAS, the HCWSA has received industry awards for 100 percent permit compliance at both the Towaliga and Tussahaw Water Treatment Facilities; and
WHEREAS, the Association of State Dams Safety Officials (ASDSO) recently presented the HCWSA with the Southeast Regional Award of Merit, an honor bestowed upon one utility in a 12-state region and Puerto Rico, for excellence in operations, notably for the safe design, construction and maintenance of its reservoir dams; and
WHEREAS, the HCWSA’s General Manager, Lindy D. Farmer, Jr. was also recognized by the ASDSO as being the longest tenured water utility general manager in Georgia, with 28 years of service; and
WHEREAS, the Georgia Association of Water Professionals recently named the HCWSA the “Water Distribution System of the Year” for having the best drinking water system in the State, as well as runner-up for the best wastewater system and top water quality laboratory in the State;
THEREFORE, BE IT PROCLAIMED that
Authorization to reallocate funds to Nash Farm Park and honoring the contributions of Veteran’s Groups contribution to the Military Museum
Coley, Director of Parks and Recreation presented the agenda item to the Board.
Mr. Coley recognized Mr. Bob Van Dunk . Mr. Van Dunk orchestrated where the Marine Corp Guard, the VFW and other veteran’s groups have consolidated to be known as the Henry County Veterans Association. They have donated funds, time and efforts to make the museum possible.
Commissioner Jeffares made the motion to approve the resolution; Commissioner Stamey seconded. The motion carried 5-0-0 approving the following resolution:
WHEREAS, the Henry County Board of Commissioners has previously authorized the development of a master plan for Nash Farm Park which includes passive park activities for the benefit of the citizens of Henry County; and
WHEREAS, in addition to such passive park activities, a portion of Nash Farm Park is to be dedicated to the preservation of certain historical and military actions; and
WHEREAS, in furtherance of such historical and military actions, Henry County, through its Henry County Parks and Recreation Department, is creating a Military Museum to be located at Nash Farm Park; and
WHEREAS, military groups such as the Vietnam Veteran’s Association and the Marine Corps Guard have worked diligently to acquire uniforms and other military related items from World War I to the present date to be donated to the Military Museum; and
WHEREAS, these military groups have worked tirelessly to raise funds for the purchase of mannequins and cabinets to facilitate the display of these uniforms and military related items at the Military Museum; and
WHEREAS, upon completion, the Military Museum will be open to the public for tours and further serve as a valuable educational tool for school related field trips; and
WHEREAS, the Henry County Board of Commissioners has determined that the Military Museum will be a vital attraction and benefit to Henry County; and
in order to facilitate the timely completion of the
THEREFORE, BE IT RESOLVED that the Board of Commissioners of
BE IT FURTHER RESOLVED that the Board of Commissioners does hereby approve all necessary budget amendments and/or transfers needed for proper accounting of this Resolution.
Resolution regarding SPLOST Bonds
Mike Bush, Finance Director presented the agenda item to the Board. Jim Monacel, Bond Council and Bill Camp and Gordon Mortin of Morgan and Keegan were present for a presentation regarding the sell of Bonds.
The SPLOST Bonds were to be issued in October, 2008 but the stock market took a downward turn. The bond interest rates were high at that time and it was decided that bonds would not be issued. In October, 2008 bonds were sold at an average of approximately 3.5% interest yield. Six months later the bonds were sold at a yield of 2.06% with a savings of $3.3 million over the six years of the program. That $3.3 million that would have gone to interest will now go to build roads and capital projects. Mr. Camp reviewed an executive summary of bond information with the Board.
Commissioner Holder made the motion to approve the resolution approving the execution and delivery of the bond purchase and authorize the Chairman to execute the appropriate documents; Commissioner Bowman seconded. The motion carried 5-0-0.
The Community Agenda for the Joint Henry County/Cities Comprehensive Plan
Planning and Zoning Staff presented the agenda item to the Board. Michael Harris, Planning & Zoning
Services Division Director gave a brief overview of what has taken place to get
the plan where it is today. Ray Gibson,
Planning & Zoning Director stated the resolution is for adoption of the
Community Agenda portion of the Joint Henry County/Cities Comprehensive Development
Plan 2030. The process began in August,
2005 when Jordan, Jones & Goulding was hired as the consultants to
undertake the project. That was also the
onset of the One Henry Initiative. The
Comp Plan started in coordination with the Comprehensive Transportation Plan
which was adopted in 2007. In order to
retain the qualified local government statues with the Georgia Department of
Community Affairs, the comprehensive plan has to be adopted by October,
2010. Currently the Cities within
The Comprehensive Plan is comprised of three (3) components; the Community Assessment, the Community Participation Plan, and the Community Agenda. The Community Assessment is an analysis of the existing development patterns, policies, and activities within the County. Three important points that were brought up in the community assessment: 1) The consultant identified a need for a better land use/transportation connection within the county; 2) The consultant noticed there was evidence of sprawl development throughout the county; 3) The County has used larger lot developments as a growth management tool in past decision making to control growth. This form of development is one the most ineffective to service from an infrastructure perspective and does little to maintain the rural character of the County. This particular point is what drew staff to the Activity Center Concept where you have more compact development in order to actually maintain a rural character outside of the activity centers.
The Community Participation Plan outlines a strategy that staff would use in obtaining stakeholder and public involvement through the plan process in order to obtain information that will go into the Community Agenda.
Community Agenda outlines the goals, objectives and implementation strategies
for future development in
The Future Land Use Map identifies densities of different types of developments within the county. For example, Low Density Residential has a range of one dwelling unit per acre to two dwelling units per acre. This does not guarantee that there will be two dwelling units per acre. There will be other issues to look at such as the infrastructure and compatibility to the area.
Harris stated the concept of the activity center was birthed from the public
hearings. The activity centers consist
of five different types of centers; 1) Crossroads Communities; 2) Village
Activity Center; 3) School Nod; 4) Suburban Employment Center and 5) Specialty
Use Center. Each has its own set of
typology which designates how much would be residential, commercial, and
industrial, greenspace and the general size of each center. The final size of the activity center will be
determined by citizens that are affected by the activity center. Each activity center will have to go through
a master planning process. That process
will call for public participation. One
of the advantages of nodal development is that it goes away for the sprawl
pattern. By going with the nodal
development, infrastructure cost would be minimized or reduced. There is a potential to reduce some of the service
expenditures. What was heard throughout
the process is that there are certain areas in
The Activity Centers also allows for preservation of select rural areas by consolidating some of the high density into the appropriate areas. This was done in coordination with the Comprehensive Transportation Plan. The areas that were identified as appropriate for high density, it was important that the infrastructure be in place. Those areas were included along with the infrastructure improvements to meet the needs of the higher density areas. The plans are cohesive and work together.
of the tools that were considered to implement the activity centers, one being
Transfer Development Rights to see if this will be a viable tool to
utilize. Another tool for master
planning an implementing activity centers is the use of livable center
initiatives LCI grants.
Sherow, Planner II and
Mathis called for public comments from anyone wishing to speak in opposition of
the agenda item. Those speaking in
opposition were Larry Garcia, of
Mathis called for public comments from anyone wishing to speak in Favor of the
agenda item. Those speaking in favor
were Michael Elliott of
Commissioner Holder stated this plan goes back to November 16, 1999 when a moratorium to study the land use plan was first presented to the Board for adoption. A moratorium was brought back to the Board on December 21, 1999 and it was stated the land use plan would be completed within twelve (12) months and it is now ten (10) years later. Commissioner Holder commented on why he is considering the 15,000+ acres. If you were to look at the watershed boundary line, all this property is outside of the watershed protection area. This is not the first time this has been a part of the plan. The consultants, J J & G made this a recommendation in December, 2007 and the Zoning Advisory Board made a recommendation in March, 2008. Commissioner Holder stated he feels this is in the best interest of the people of that area. One of the concerns for a long time has been the flag lots. There are eighteen (18) R-2 zoned subdivisions within the area of the subject property (the 15,000 +/- acres); there are three (3) R-1 Conditional zoning subdivisions (which are basically an R-2 subdivision with R-2 width lots).
This plan needs to be a plan of the entire County not of each district. There will be another census in 2010 and the districts will be redistricted and in 2012 the district lines will change. The district lines won’t be the same but the conditions on property will remain the same. Commissioner Holder stated he is not trying to hurt any citizen in his district; he would not intentionally do anything to destroy the value of property.
Commissioner Jeffares made the motion to approve the Community Agenda for the Joint Henry County/Cities Comprehensive Plan; Commissioner Holder seconded. Mr. Gibson stated the plan will not become effective until after the ULDC is adopted. The motion carried 5-0-0 approving the following resolution:
WHEREAS, the Community Agenda Element of the Joint Henry County/Cities Comprehensive Plan was prepared in accordance with the Rules of the Georgia Department of Community Affairs Minimum Planning Standards and Procedures for Local Comprehensive Planning, effective May 1, 2005; and
WHEREAS, the Henry Board of Commissioners voted to transmit the Community Agenda Element of the Joint 2030 Henry County/Cities Comprehensive Plan to the Atlanta Regional Commission (ARC), on June 19, 2007; and
WHEREAS, Henry County has held a public hearings, reviewed and recommended approval to transmit the Community Agenda Element of the Joint 2030 Henry County/Cities Comprehensive Plan to the Atlanta Regional Commission, and
WHERASE, the ARC has completed a regional review of the Joint Henry County/Cities Comprehensive Plan Community Agenda Element and the Georgia Department of Community Affairs determined that the Plan meets the Local Planning compliance requirements.
BE IT THEREFORE RESOLVED, that the Henry County Board of Commissioners does hereby adopt the Community Agenda Element of the Joint 2030 Henry County/Cities Comprehensive Plan and directs the Planning and Zoning Department to send a copy of this resolution to the Atlanta Regional Commission, as required by the Georgia Planning Act of 1989, as amended.
John Valdivieso of
request RZ-08-19 from John Valdivieso of
Stacey Jordan, Chief Planner presented the agenda item to the Board. The purpose of the rezoning is for a Dollar General retail store and a veterinary hospital. The Zoning Advisory Board recommended denial of the request but approval of the Conditional Use for the 1.5 acre tract proposed for the veterinary clinic. A variance request was denied for the buffers and the parking. The request goes against the Current Future Land Use Map which calls for residential and agriculture in the area. The 4.5 +/- acres are divided into three tracts. The western tract has no proposed development according to the site plan. The Dollar General will be on the middle piece of property and the veterinary clinic will be on the eastern portion of the property.
Brent Moye, an agent representing the applicant. The request is for the 4.5 +/- acres be rezoned to C-2.
Commissioner Holder asked if the applicant was in agreement with the eight (8) conditions presented by staff. Mr. Moye stated they had reviewed the conditions and agrees with all eight (8) conditions.
Chairman Mathis called for public comments from anyone wishing to speak in opposition to the request. Those speaking in opposition were Doug Cloud, 420 Keys Ferry Road and Angie Sorby, 215 Albertas Court.
Chairman Mathis called for public comments from anyone wishing to speak in favor of the request; there was no response.
Mr. Moye stated regarding the traffic problems, there are plans for signalization of the intersection of Keys Ferry at Highway 81.
Mathis asked if the subject property was in a node on the Future Land Use Map
that was adopted at this meeting. Mr.
Mathis stated it would make sense for the subject property be part of a master
plan because the applicant owns the majority of the acreage in the area. It makes sense when you have large tracts to
try to master plan those out. Mr.
Commissioner Holder commented if Mr. Valdivieso who owns 247 +/- acres, did not plan it himself he is basically destroying his ability to develop his property. Commissioner Holder stated he didn’t see that the entire area would have to be master planned at this time.
Mr. Gibson stated the concept would be to do quadrants. If a landowner owns large acreage that the quadrant be master planned. Some activity centers may have four different master plans that still meet the overall percentages of the quality chart presented earlier in the meeting. There could be the potential to have smaller master plans within the major master plans.
Commissioner Holder made the motion to approve the request for rezoning the said property with the eight (8) conditions presented by staff; Commissioner Bowman seconded. The motion carried 5-0-0 approving the following resolution:
WHEREAS, John Valdivieso of McDonough, Georgia (RZ-08-19) requested a rezoning from RA (Residential-Agricultural) to C-2 (General Commercial) for property is located on Highway 81 East at the intersection with the former McClain Drive (Parcel ID Numbers155-01-001-001, 155-01-0001-004, and 155-01-001-005) in Land Lot 145 of the 8th District, consisting of 4.5 +/- 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/Municipal Planning Commission reviewed and recommended denial of the request on September 11, 2008;
NOW, THEREFORE, BE IT RESOLVED THAT the
Appeal AP-08-09 of a
denial for a variance request VR-08-23 by John Valdivieso of
Stacey Jordan, Chief Planner presented the agenda item to the Board. The applicant’s request is to reduce the buffer along the eastern property line from forty feet (40’) to ten feet (10’) and along the southern property line from forty feet (40’) to twenty feet (20’) and to reduce the required number of parking spaces in tract 2 from the required forty (40) spaces, which is based upon the retail area of the proposed Dollar General, to thirty (30) general parking spaces.
Brent Moye, an agent
representing the applicant. As stated
and discussed in the previous agenda item Mr. Valdivieso owns the surrounding
property to the south and east of the subject property. Any impact on the reduction of the buffer
would be to him on those two sides. The
reduction to the buffer in the rear of the property would be a planted
berm. The reduction in the number of
parking spaces is a specific request from Dollar General. Their design specifications standards for
this size store require 30 parking spaces and the
Commissioner Holder asked for clarification regarding the buffer on the western boundary line; is the request to reduce the buffer from forty feet (40’) to twenty feet (20’) or ten feet (10’). Mr. Moye stated its ten feet (10) for the eastern and western boundary lines.
Commissioner Holder asked the property owner to the west of the subject property, if he was in agreement with the reduction of the buffer from forty feet (40’) to ten feet (10). From the audience, Mr. Dan Bledsoe, 3430 Highway 81 East stated he had no objections.
Commissioner Bowman state he understands that there will be a Dollar General but the issue is what if Dollar General is not there and a store that has the proposed amount of footage would require more parking spaces. Where would they come from? Mr. Moye stated if a church came in, the forty (40) parking spaces wouldn’t work for the church. It would depend on the use of the building; they would have to meet the requirements per the County regulations. If the building became a church, daycare or anything different the regulations would change.
Commissioner Bowman stated
regardless of what comes in after the Dollar General, they would not have the
required parking spaces. There is noarea
for additional spaces. Mr.
Chairman Mathis called for
public comments from anyone wishing to speak in opposition to the request. Speaking in opposition was Mark Donnelly,
Commissioner Stamey asked why the septic couldn’t be moved to the back corner of the property to extend the parking lot. Mr. Moye stated if that is a requirement the applicant would have to make adjustments. There is a requirement that the septic system by fifty feet (50’) from a detention pond and that’s why the septic is proposed in the current location.
Commissioner Holder made the motion to uphold the denial of the variance for a reduction in the parking spaces and overturn the denial of the reduction in buffer; Commissioner Bowman seconded. The motion carried 5-0-0 approving the following resolution:
WHEREAS, John Valdivieso (AP-08-09) of McDonough, GA, applied for a variance (VR-08-23) to reduce the minimum buffer and parking for property located on the south side of Highway 81 East at the intersection with the former McClain Drive (Parcel ID Numbers: 155-01-001-001, 155-01-001-004, and 155-01-001-005), in Land Lot 145 of the 8th District, consisting of 4.5 +/- 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 (ZAB) reviewed and denied the request for a variance on September 11, 2008;
NOW THEREFORE, BE IT RESOLVED
BE IT FURTHER RESOLVED THAT the Henry County Board of Commissioners overturns the denial of the variance requests concerning minimum buffers by the ZAB allowing a reduction in the buffers on the east and west sides from forty feet (40’) to ten feet (10’), and on the south side from forty feet (40’) to twenty feet (20’).
County Manager Comments
There were no comments.
There were no comments.
Thursday, April 2nd
at 6:00 p.m. Quarterly Meeting with the Board of Education. The meeting will be held at the Board of
Education Administration Building located at
2. Monday, April 6th at 9:00 a.m. and Tuesday, April 7th at 9:00 a.m. Regular Board Meetings
Commissioner Basler made the motion to adjourn; Commissioner Bowman seconded. The motion carried 5-0-0