STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Public Meeting at 9:00 a.m. on Monday, March 19, 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; LaTonya Wiley, Deputy County Attorney; Michael Harris, Planning Division Director; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant County Manager; Mike Bush Financial Services Director; Angie Bailey, Social Services Division Director; Roy Clack, SPLOST/Capital Projects Division Director; Jim Luebbering, Building Development and Environmental 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 announced the amendments to the agenda as follows:  Item X(G) - Adler Properties, LLC  - MC-06-11 was moved to item X(A); Item IX(A) - Resolution authorizing the declaration of official intent to finance projects with tax-exempt financing was tabled to the April 3rd agenda; Item X(H) - Majestic Realty Company, c/o Dillard & Galloway, LLC - RZ-06-66 was tabled to the April 16th agenda; Item VI(C) - Resolution approving a change order for the Courthouse Restoration project was tabled to the April 3rd meeting.

Chairman Harper called for an acceptance of the agenda. Commissioner Holder made the motion to approve the amended agenda; Commissioner Basler seconded.  The motion carried unanimously.

            The following proclamation was presented.  Certificates of appreciation were also presented to Lyndy Broder, Janet Ivarie, and Nancy Jaudon for each having 10 years of service.

 

 

“Master Gardener Appreciation Day"

WHEREAS, The Master Gardener Program is a national volunteer horticultural educational training program sponsored by the Cooperative Extension Service of the U. S. Department of Agriculture, and the counties of the cooperating states; and

WHEREAS, The Master Gardener Program provides avid gardeners with intensive education in research-based horticultural principles and pest control practices; and

WHEREAS, New Master Gardeners must provide at least 50 hours of community volunteer service through their County Extension Offices, working on community and school beautification projects, conducting garden clinics and answering questions; and

WHEREAS,  Henry County Master Gardeners in 2006 volunteered 2588.5 hours representing $46,696.54 in labor, traveled 8,856  miles, answered 140 telephone calls, and provided technical information/service to 4,373 citizens; and

WHEREAS, Today is Master Gardener Day and Master Gardeners throughout Georgia and Henry County will celebrate by providing horticultural education, plant and soil testing clinics, and lectures in shopping malls and gardening centers; and

WHEREAS, In the spirit of volunteerism, Master Gardeners have provided and continue to provide valuable services to Georgia communities through education and training programs;

NOW THEREFORE BE IT PROCLAIMED by the Board of Commissioners of Henry County that Monday, March 19, 2007 is MASTER GARDENER APPRECIATION DAY.

 

PUBLIC SAFETY

 

Department of Homeland Security Assistance Grant

            The request is for authorization to accept the Assistance to Firefighters Grant.  The grant is a matching 70/30 grant.  The entire project is $300,200 with $240,160 paid by federal funds and $60,040 paid by Henry County.  This project will provide for self-contained breathing apparatus, thermal imaging cameras and an accountability system that will be used for fire scene accountability.

            Commissioner Stamey made the motion to authorize acceptance of the grant; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, The Henry County Fire Department operates the Fire Department for Henry County, and

WHEREAS, The Henry County Fire Department applied for a matching grant (80/20) through the Office of Homeland Security to purchase Personnel Accountability Equipment, Thermal Imaging Cameras, and Self-Contained Breathing Apparatus;  and

WHEREAS,  A matching grant in the amount of $240,160 has been awarded to the Henry County Fire Department from the Office of Grants and Training for the purchase of  the aforementioned equipment; and

WHEREAS, The Henry County Fire Department will agree to the match of $60,040 as budgeted in the FY 2006 budget

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners authorizes the Chairman of the Board of Commissioners to accept a matching grant from the Office of Homeland Security in the amount of $240,160 for the purpose of purchasing Personnel Accountability Equipment, Thermal Imaging Cameras, and Self-Contained Breathing Apparatus.

 

 TECHNOLOGY SERVICES

 

Lease Agreement for a case management system in the State Court

            The request is for authorization of a lease agreement for a case management system to be used in the State Court.  This system will replace the current system being used.  All funding for this project will be provided by the State Court Technology Fund, which derives revenue from a $5 technology fee that is added to each fine levied in State Court.

            Commissioner Mathis made the motion to approve the lease agreement; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the State Court of Henry County, Georgia has had many problems with their current case management and reporting system;

WHEREAS, the Technology Services Department recommends replacing the current State Court case management system with a system provided by Harris Custom Programming; and

WHEREAS, the total cost of a three year lease agreement with Harris Custom Programming is $162,000 with payments to be made monthly in the amount of $4,500 ; and

WEREAS, in addition to the cost of the three year lease, Harris Custom Programming will charge a fee of $30,500 to convert data from the existing system; and

WHEREAS, all funding is being provided by the State Court Technology Fund which derives revenue from a $5.00 technology fee added to each fine levied in the State Court; and

 WHEREAS, no funding will be required from Henry County.

NOW, THEREFORE, BE IT RESOLVED THAT the Board of Commissioners authorizes the Chairman to sign the lease agreement with Harris Custom Programming, LLC for a Case Management System for the State Court of Henry County.

 

SPLOST/CAPITAL PROJECTS

 

Donation of Right of Way at 680 Fairview Road

            Henry County Board of Commissioners owns property at 680 Fairview Road (Fire Station #6).  SPLOST is in the process of intersection improvements at Thurman and Fairview Roads.  The request is to move the necessary right of way to Fairview Road to accommodate the intersection improvements. 

            Commissioner Basler made the motion to donate the necessary Right of Way; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Thurman Road/Fairview Road intersection improvement is a designated SPLOST II project; and

WHEREAS, Henry County SPLOST Management is obtaining Right-of-Way; and

            WHEREAS, the Henry County Board of Commissioners owns property at 680 Fairview Road (Fire Station # 6); and

            WHEREAS, Right-of-Way is needed for the intersection improvement as described in Exhibits A and B; and

            WHEREAS, Henry County Board of Commissioners hereby donates the required Right-of-Way as shown in Exhibits A & B; and

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the donation of 3,582.65 square feet (0.082 acres) of Right-of-Way for the purpose of upgrading the intersection for the Thurman Road/ Fairview Road SPLOST intersection improvement.

 

Bid for the purchase and installation of a security system

            This item was tabled at the March 5th meeting by the Board.  Chairman Harper stated there were three (3) oppositions regarding the bid: 1) reject the bid; 2) approve the bid to the lowest bidder or recommended vendor; 3) approve the bid to the recommended vendor with a cap on the amount budgeted for the project.

            Commissioner Holder commented that Johnson Controls is certainly the best and probably the most established.  When a parking deck is built in the future and various additions that may be needed, they will be there to make sure it functions and will be available to service the future needs.  It is understood that some items on the bid could be deleted that could reduce the budget for the bid; if this could be done legally, Commissioner Holder stated he would be in agreement with the recommended vendor.

            Roy Clack, SPLOST/Capital Projects Division Director, stated when the Judicial Center was built there was a budget for security in the amount of $480,000.00. Staff decided to bid the project as an RFP with a budget of $300,000.00.  Staff interviewed all vendors that responded to the bid and recommended Johnson Controls because of their longevity and years of service.  Their equipment was the best equipment and this was important because of the possible addition of a parking deck and adding security in the area. 

            Commissioner Bowman asked staff if all the vendors bid the same equipment for this project.  Mr. Clack stated the vendors bided the same quantity of equipment.  Commissioner Bowman asked if they bid the same brand (model number) and was that specified.  Mr. Clack stated the request was a Request for Proposals (RFP) for design building and no equipment was specified.  Staff felt because of Johnson Controls history and being in business longer they would be better. 

            Commissioner Bowman reiterated that in the future staff should pre-qualify vendors and also include in the RFP exactly what staff is looking for. 

            Commissioner Holder made the motion to award the bid to Johnson Controls with an amount not to exceed $300,000.00; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, sealed bids were solicited for electronic access control, CCTV, and security systems for the Henry County Judicial Center; and

            WHEREAS, five (5) sealed bids were received and reviewed; and

            WHEREAS, SPLOST recommends Johnson Controls, Inc.; and

WHEREAS, Johnson Controls, a worldwide organization, is recommended based on experience and has been in business since 1885 and has a client base of: Newton County Courthouse Annex, the Center for Disease Control and Prevention, the Georgia Department of Labor, the City of Nashville Tennessee, Georgia Department of Public Safety Training, Athens Clarke-County Police Department and many more; and   

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the proposal of Johnson Controls, Inc. with an amount not to exceed $300.000.00 and authorizes the Chairman of the Board to sign all necessary documents for the installation of a security system.

 

ADMINISTRATION

 

Acceptance of an Assistance Grant from GDOT for Rural Public Transportation

            Angie Bailey, Social Services Division Director, stated David Williamson, Transit Director, had a vision regarding the need of updated equipment for the transit buses.  The equipment will provide a secure environment for the citizens and staff.  This was addressed in the 2006-2007 Budget and funds were secured to purchase the equipment.  Since then staff was informed that the Georgia Department of Transportation would partner with the county and grant up to $18,000.00 towards the purchase of the equipment.  Previously the request was to purchase equipment for only eleven (11) buses that was included in the 2006-2007 budget.  Transit is requesting an additional nine (9) buses in the 2007-2008 budget and this request was revised requesting authorization to equip a total of twenty (20) buses; eleven (11) in the current budget year and nine (9) in the upcoming budget year.

            David Williamson, Transit Director, stated the request is to accept the GDOT Grant in the amount of $18,270.00.  The MDC (Mobile Data Computer) will be used by driver and office staff and the AVL (Automatic Vehicle Locator) is a tracking device that can locate the transit buses anywhere in the State.  The MDC will eliminate some of the paperwork and increase efficiency.  One of the reasons for purchasing the equipment is for the safety of staff and passengers that are transported. 

            Commissioner Mathis asked if this equipment is being used by other counties.  Mr. Williamson stated Henry County will be the first to use this system in Georgia with the recommended vendor and with GDOT.  Routematch is used throughout the United States. 

            Commissioner Holder made the motion to accept the grant; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Georgia Department of Transportation has agreed to provide Transit Capital Assistance with, GRANT NUMBER – GA-18-9024, PROJECT NUMBER: MTG00-012300148 for Henry County Board of Commissioners (d.b.a., Henry County Transit) for rural public transportation; for the period of January 1, 2007 thru December 31, 2007;

WHEREAS, Henry County Board of Commissioners can receive $18,270.00 for Capital Improvement towards the purchase of Mobile Data Computer and Automated Vehicle locator equipment;

WHEREAS, Henry County Board of Commissioners must provide a 10% local match of $2,030.00;

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners agrees to and accepts Part One (1) Transit Capital Improvement Assistance GRANT NUMBER – GA-18-9024, PROJECT NUMBER: MTGOO-012300148.

 

Authorization to purchase Mobile Data and an Automatic Vehicle Locator

            (This request is in coordination with the previous item)

            Commissioner Holder made the motion to approve the purchase of the requested system; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

            WHEREAS, the Henry County Transit Department currently uses RouteMatch, Inc. software for scheduling and routing; and

WHEREAS, RouteMatch, Inc. has submitted a cost proposal for a Mobile Data Computer and Automatic Vehicle Location (MDC/AVL) product designed to integrate with the existing RouteMatch software; and

WHEREAS, the MDC/AVL product will enable the Transit Department to use wireless communication linked directly to each Transit bus, provide GPS positioning information for each vehicle thereby providing safety and security for drivers and passengers, make real-time trip changes, provide up-to-the-minute trip status, reduce paperwork, and record data for reporting and invoicing; and

WHEREAS, RouteMatch, Inc. is the only vendor that can supply the specific software modules and middleware that seamlessly integrate into the existing RouteMatch dispatch software and are therefore a sole source provider; and

            WHEREAS, the total cost for equipment, installation, training and licensing to equip twenty (20) Transit buses is $125,350.00; and

WHEREAS, the Georgia Department of Transportation Program will reimburse Henry County up to $18,270.00 towards the purchase of this product and up too 20% of the cost of the annual maintenance fees; and

            WHEREAS, funds are available in the current FY 2007 Transit budget to equip eleven (11) buses with the devices; and

WHEREAS, funds will be allocated in the FY 2008 Transit Department budget to equip the nine (9) additional buses with the MDC/AVL product and licensing and annual support fees.

NOW THEREFORE BE IT RESOLEVED, the Henry County Board of Commissioners authorizes the purchase of the Routematch, Inc. Mobile Data Computer and Automatic Vehicle Location product and authorizes the Chairman to sign necessary documents as this equipment is purchased over a two-year budget cycle.

 

Application for a Licensed Title Pawnshop

            The applicant requested approval of a licensed title pawnshop at 3980 North Henry Blvd. in Stockbridge, GA.  All requirements were met by the applicant and staff recommended approval of the 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 approve the request; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Angela Joy Sanders, owner of Sunnyside Title Pawn, Inc., at 3980 North Henry Blvd., Stockbridge, GA request a license to operate a Title Pawn from this location; and

            WHEREAS, Angela Joy Sanders, owner of Sunnyside Title Pawn, Inc., has met the required specifications set forth in the Pawnshop Ordinance.

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissions grants said license.

 

BUILDING AND DEVELOPMENT SERVICES

 

Streetlight District Request

            The applicants requested approval for the creation of streetlight districts and all requirements were met.

            Commissioner Stamey made the motion to approve the request; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the owners of the following subdivisions have applied for the creation of streetlight districts:

·         Brightwood Place, Phases I and II, 17 lights, 65 lots, Snapping Shoals EMC, District 3

·         Hickory Hills, Phase II,  4 lights, 18 lots, Snapping Shoals EMC, District 3

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

WHEREAS, the Development Plan Review Staff for Henry County has reviewed the requests and submitted reports that are part of the public record; and

WHEREAS, the Development Plan Review Staff have reviewed and recommended approval of the requests; and

NOW, THEREFORE, BE IT RESOLVED THAT the Board of Commissioners of Henry County approves the requests for new streetlight districts.

 

Extension for a move-in structure

            The applicant requested an additional 89-Day extension for a move-in structure located at 7880 Spivey Road.  The Building Department has given all the extensions allowed by the Henry County Zoning Ordinance.  The applicant has passed all rough inspections. 

            The applicant, Mr. Charlie Scandrett was not present.

            Commissioner Mathis made the motion to grant the applicant the requested extension; Commissioner Basler seconded.

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

            The motion carried unanimously approving the following resolution:

WHEREAS, Mr. Charlie Scandrett received a building permit on July 24, 2006 for a move-in house to be located 7880 Spivey Road; and

WHEREAS, on October 24, 2006 a foundation and basement slab inspection was requested, inspected and passed and on December 14, 2006 a garage slab inspection was requested, inspected and passed and on February 20, 2007 a framing and mechanicals rough inspection was requested, inspected but failed; and

WHEREAS, due to circumstances the project was not completed and a 30-day extension was filed with and granted by the Building Department which extended the completion date to February 24, 2007; and

            WHEREAS, no additional building inspection have been requested as of February 20, 2007; and

NOW, THEREFORE, BE IT RESOLVED Mr. Charlie Scandrett is requesting the Board of Commissioners grant a 89-Day extension to complete the project by May 24, 2007;

BE IT FURTHER RESOLVED the Board of Commissioners approve this request and grant a 89-Day extension to Mr. Charlie Scandrett for a move in house located at 7880 Spivey Road.

 

PLANNING AND ZONING SERVICES

 

Adler Properties, LLC of Jonesboro, GA; MC-06-11

Adler Properties, LLC of Jonesboro, GA requested a modification to a zoning condition for property located on Towne Centre Village Drive, south of Jonesboro Road.  The property is located in Land Lot 110 of the 6th District, consisting of 30.0 +/- acres.  The request is to modify a zoning condition regarding amenities.  The Zoning Advisory Board recommended Denial; however, they recommended Approval of an amended condition on February 8, 2007.

In March, 2005 the Board approved a modification to zoning conditions, which allowed for apartments to be developed on the property.  Ten (10) conditions were applied to the proposed apartment development upon approval of the rezoning.

The applicant’s request is to modify condition #6 “There shall be a minimum 3,700 square foot clubhouse, a junior Olympic size pool, two (2) tennis courts, and a children’s playground, to be installed after the issuance of building permits for the first unit.”  The applicant would like to remove the two (2) tennis courts.  The Zoning Advisory Board recommended approval of an alternate condition, which reads, “There shall be a minimum 3,700 square foot clubhouse, a pool equivalent in surface area to a junior Olympic size pool, two (2) tennis courts, and a children’s playground, to be installed after issuance of building permits for the first unit”.

Tim Jones, Adler Properties, LLC, represented the applicant.  Mr. Jones stated when the property was originally rezoned, they agreed with the conditions.  During the design phase, it was discovered the space would be limited in fitting everything in the area.  (The applicant presented a plat of the proposed design for the amenity area) 

Commissioner Mathis asked the applicant if he planned to reduce the size of the amenity area.  Mr. Jones stated the size of the area will remain the same, however the pool house will be larger and a picnic area will be added.

Commissioner Holder asked the applicant how many units are proposed for this development.  Mr. Jones stated there would be 300 two-story units.

Staff requested, upon approval, there be within the condition the square footage of the pool (2,654 square feet) because the size of a Junior Olympic Pool is not specified.

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

 Commissioner Mathis asked the applicant if the amenity area adjoined the commercial area. Mr. Jones confirmed and stated there will be a privacy fence and a berm between the apartments and the commercial area.

Commissioner Mathis asked if there will be direct access from the commercial parking lot and the amenity area where children will be playing.  Mr. Jones stated there would not be direct access.

Commissioner Mathis made the motion to overturn the Zoning Advisory Board’s denial of the request and approve the request with the condition “the pool shall be equivalent in size to 2,654 square feet.  A berm and privacy fence shall be installed between the amenity area and the commercial area”; Commissioner Stamey seconded.

Commissioner Mathis amended the motion to read “the pool shall be equivalent in size to 2,654 square feet.  On the westside of the property, a berm and privacy fence shall be installed between the amenity area and the commercial area”; Commissioner Stamey amended his second.

Commissioner Holder asked for clarification regarding the square footage of the clubhouse and the elimination of the tennis courts being mentioned in the motion.

All previous conditions will remain the same regarding the rezoning.

Chairman Harper called for the vote.  The motion carried unanimously approving the following resolution:

WHEREAS, Adler Properties, LLC (MC-06-11) applied for a modification to zoning condition number six (6), regarding amenities, for a modification to conditions that was approved by the Board of Commissioners on March 31, 2005 and a rezoning that was approved on September18, 2006.  The property is located on Towne Centre Village Drive, south of Jonesboro Road (Parcel ID Number 054-01-029-001) in Land Lot 110 of the 6th District, consisting of 30.0+/- acres; and

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

WHEREAS, condition number six (6) reads as follows:  “There shall be a minimum 3,700 square foot clubhouse, a junior Olympic size pool, two (2) tennis courts, and a children’s playground, to be installed after issuance of building permits for the first unit.”; 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 has reviewed and recommended denial of the requested modification as proposed by the applicant and recommended approval of an alternate condition on February 8, 2007; and

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners overturns the Zoning Advisory Boards denial and approves the condition which reads as follows:

6.  There shall be a minimum 3,700 square foot clubhouse, a pool which shall be equivalent in size to 2,654 square feet.  On the westside of the property, a berm and privacy fence shall be installed between the amenity area and the commercial area and a children’s playground, to be installed after issuance of building permits for the first unit.

 

Financial Assistance through the Hazardous Waste Trust Fund

            The request is for reimbursement of funds associated with the maintenance of the West Asbury Road Landfill.  The total amount of eligible costs being requested for reimbursement is $118,448.61.  The reimbursement is from the Hazardous Waste Trust Fund which was created in 1992 by the Georgia Hazardous Site Response Act.

            Commissioner Holder made the motion to approve the request; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Henry County, Georgia, is a “state” or “local government” as defined in the Rules of the Georgia Department of Natural Resources, Environmental Protection Division (hereinafter, “EPD Rules”), Rule number 391-3-19-.09; and

 

            WHEREAS, Henry County is a county within the meaning of O.C.G.A. Section 12-8-95(b)(4) and EPD Rule 391-3-19-.09; and

 

WHEREAS, the site more particularly described in exhibit “A” attached hereto is a solid waste handling facility as defined by EPD Rule 391-3-4-.10(67) (hereinafter, “the Site”), and has been placed on the Hazardous Site Inventory pursuant to the Hazardous Site Response Act (O.C.G.A., Section 12-8-90 et seq.); and

 

WHEREAS, the Director of the Georgia Department of Natural Resources, Environmental Protection Division (“EPD”) has notified Henry County in writing that it is a “responsible party” (as defined in EPD Rule 391-3-19-.02(2)(s)) for the Site; and

 

WHEREAS, Henry County has already expended and anticipates expending in the future certain costs associated with the investigation, remediation, post-closure care and maintenance of the Site (hereinafter, “the Costs”); and

 

WHEREAS, the Costs (or a portion thereof) may be eligible for reimbursement and/or advance to Henry County by the Director of EPD from the Hazardous Waste Trust Fund (pursuant to O.C.G.A. Section 12-8-90 et seq., EPD Rule 391-3-9-.09 and other pertinent law), provided said Costs (or portion thereof) are determined by EPD to be “Eligible Costs” as defined in EPD Rule 391-3-19-.09(4)(a)), and provided Henry County has met the “Eligibility Requirements” set forth in EPD Rule 391-3-19-.09(2); and

           

WHEREAS, the said “Eligibility Requirements” set forth in EPD Rule 391-3-19-.09(2) require among other things, that the following criteria be met in order for the Costs (or portion thereof) to be eligible for reimbursement and/or advance:

 

            “…..(e) the state or local government has adopted an authorizing

            Resolution; and

                   (f)  the state or local government has submitted to the Director

            [of EPD] a completed application for financial assistance on forms

            as provided by the Director…..”; and

 

WHEREAS, Henry County desires to make application to EPD for reimbursement and/or advance of the Costs (or a portion thereof) on the form(s) provided by the Director of EPD (as completed and attached hereto as Exhibit “B”), and to take any other action which may be necessary or appropriate to have the Costs (or portion thereof) fully considered for such purposes; and

 

WHEREAS, in the event the attached applications are approved by EPD, Henry County desires to receive the sums approved by EPD as reimbursement/advance of the Costs (or a portion thereof), and to process, administratively handle and utilize said sums for such approved purposes; and

 

            WHEREAS, Henry County is confident that it can otherwise satisfy the “Eligibility Requirements” set forth in EPD Rule 391-3-19-.09(2);

 

NOW, THEREFORE, BE IT RESOLVED that the Chairman of the Henry County Board of Commissioners is hereby fully authorized to complete and execute the application attached hereto as Exhibit “B” on behalf of Henry County, Georgia and to submit same to EPD for its consideration.

 

BE IT FURTHER RESOLVED that the Chairman of the Henry County Board of Commissioners is hereby authorized to take any and all other action, without further approval or action of the Henry County Board of Commissioners (including, but not limited to, executing supplemental forms, application amendments, additional applications and the like, and providing additional information or documentation), which may be necessary or appropriate in order for the Costs (or a portion thereof) to be fully considered by EPD for reimbursement and/or advance from the Hazardous Waste Trust Fund in accordance with the provisions of O.C.G.A. Section 12-8-90 et seq., EPD Rule 391-3-19-.09, and other pertinent law.

 

Amendment to the consultant’s contract for the Joint Comprehensive Plan

            The request is to amend the current contract with the consulting firm Jordan, Jones and Goulding (JJG) to prepare the Joint County/Cities Comprehensive Plan.  There was a need to add to the original scope of work to make sure there was coordination between the various meetings and additional public hearings.  Staff met with the consultants and a list was compiled with a not to exceed number to make sure the contract is completed in its entirety and that it is comprehensive.  The request is for an additional $100,000.00 which consists primarily of numerous additional meetings (Steering Committee, Comprehensive Transportation Plan Coordination meetings, County and City Officials), conduct additional Open House Workshops for the Comp Plan, and participate in additional workshops with CTP team; additional GIS assistance, additional adoption hearings, and the implementation of several additional hybrid land use scenarios. 

            Chairman Harper asked staff if JJG knew of the Comprehensive Transportation Plan at the time the bid was awarded.  Michael Harris, Planning and Zoning Services Division Director, stated the consultants did know.  The scenario concept changed and that generated the need for additional meetings.  Staff’s goal was to make sure the CTP (Comprehensive Transportation Plan) and the Joint Comprehensive Land Use Plan coordinated. 

            After discussion regarding the need for the increase in the budget for the Joint Comprehensive Plan, Commissioner Holder requested staff provide information to the Board regarding the initial proposals from all vendors, and attach the minutes and dialogue from the meeting where the Board interviewed each vendor and made the motion to table the request to the April 3rd meeting; Commissioner Bowman seconded.  The motion carried unanimously.

 

Notice of Amendment to the Official Zoning Map of Henry County

            The request is to adopt a new Official Zoning Map for Henry County.  Planning staff began reviewing all zoning files in July, 2006 to update the Official Zoning Map.  The requested corrections are the first of a two-phase process in correcting the Zoning Map.  Currently, staff has located 80 files that contain map errors.  The breakdowns by Commission Districts are as follows:  District 1 – 4 errors; District 2 – 17 errors; District 3-11 errors; District 4-30 errors; District 5-10 errors; and City of Stockbridge – 8 errors.

            Chairman Harper called for public comments from anyone wishing to speak regarding the corrections to the Official Zoning Map; there was no response.

            Staff stated the errors that were found within the City of Stockbridge will have to be approved by the City Council.

            Commissioner Mathis made the motion to approve and adopt the Official Zoning Map; Commissioner Basler seconded.  The motion carried unanimously approving the following Ordinance:

WHEREAS, the official Henry County zoning map has become difficult to interpret because of the nature or number of changes, additions, and incorrect illustrations thereof; and

WHEREAS, Section 3-7-33 of the Zoning Code provides for the adoption of a new official zoning map to correct drafting or other errors or omissions in the prior official zoning map;

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Henry County, Georgia, and it is hereby ordained by the authority of the same, that:

I.

A new official zoning map dated March 19, 2007 is adopted identified by the signature of the chairman of the Board of Commissioners, attested by the county clerk, and bearing the seal of Henry County under the following words:  “This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted on December 16, 2003, as part of the Zoning Ordinance of Henry County.”

II.

The Board authorizes the Chairman to sign the aforementioned new official zoning map.

III.

The official zoning map dated December 16, 2003, is hereby repealed.

IV.

The official zoning map dated December 16, 2003, shall be preserved together with all available records pertaining to its adoption or amendment.

V.

This ordinance shall take effect and be in force from and after the date of its adoption, the public welfare demanding it.

 

Subdivision Sign – Simpson Mill Plantation

            Simpson Mill Plantation Homeowner’s Association requested to locate a subdivision sign within the center median island of Bo Simpson Parkway, south of State Route 20.  The previous entrance sign was removed as part of the Georgia Department of Transportation’s State Route 20 widening project in 2005.  This request is to replace the previous sign.  Henry County Department of Transportation reviewed the application and approved the location of the proposed sign with the condition that the applicant adheres to all construction requirements.

            The following conditions were recommended to be added:

1.       Proposed signage shall be built to meet all Henry County Department of Transportation requirements and shall meet all Henry County and State of Georgia Department of Transportation construction requirements. 

2.       Henry County will not be responsible for replacement of the sign should it be damaged or removed for any reason.

3.       The applicant shall be responsible for the maintenance and repair of the entrance sign.

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

Commissioner Mathis made the motion to approve the request with 5 conditions; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution(Commissioner Stamey was not present for the vote):

WHEREAS, Simpson Mill Plantation Homeowner’s Association (property owner) applied to locate a subdivision entrance sign (Simpson Mill Plantation Subdivision) in the right-of-way, for property located on Bo Simpson Parkway, south of State Route 20, in Land Lot 210 of the 6th District; and

WHEREAS, the applicant has submitted information required for signs located in the right-of-way pursuant to Section 3-7-235(g) of the Henry County Sign Ordinance, and

WHEREAS, the Henry County Department of Transportation has reviewed the request and prepared a letter approving the location of the subdivision sign, which is attached as an exhibit that is part of the public record; and

WHEREAS, the Planning and Zoning Department has received a letter from the property owner stating that the Simpson Mill Plantation Homeowner’s Association will be responsible for maintenance and repair of the proposed subdivision sign in the right-of-way for the life of the sign; and

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the above request for the placement of the subdivision entrance sign at the location stated above with the following conditions:

1.      The applicant shall submit all appropriate sign application documents and fees to the Planning and Zoning Department prior to obtaining a sign permit.

2.      Notwithstanding anything to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in such a manner as to require any violation of any existing building, development, stormwater and/or any other applicable codes.

3.      Proposed signage shall be built to meet all Henry County Department of Transportation requirements and shall meet all Henry County and State of Georgia Department of Transportation construction requirements. 

4.      Henry County will not be responsible for replacement of the sign should it be damaged or removed for any reason.

5.      The applicant shall be responsible for the maintenance and repair of the entrance sign.

 

Subdivision Sign – Windsong Plantation

            Windsong Plantation Homeowner’s Association requested to locate a subdivision sign within the center median island of the Windsong Plantation subdivision on Country Club Drive, north of Eagle’s Landing Parkway.  The SPLOST Department has a project that is projected to begin in 2008, that will have an impact on this request.  Staff recommended a condition be add to read “the applicant will work with the SPLOST Department in coordinating the location of the sign”.  Prior to the application being approved, planning staff will obtain final approval from SPLOST.

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

            Commissioner Bowman made the motion to approve the request adding a condition that the Homeowner’s Association will be responsible for the up keep and repair of the requested sign; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution (Commissioner Stamey was not present for the vote):

WHEREAS, Michael Reis (property owner) applied to locate a subdivision entrance sign (Windsong Plantation Subdivision) in the right-of-way, for property located on Country Club Drive north of Eagle’s Landing Parkway, in Land Lot 3 of the 6th District; and

WHEREAS, the applicant has submitted information required for signs located in the right-of-way pursuant to Section 3-7-235(g) of the Henry County Sign Ordinance, and

WHEREAS, the Henry County Department of Transportation has reviewed the request and prepared a letter approving the location of the subdivision sign, which is attached as an exhibit that is part of the public record; and

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the above request for the placement of the subdivision entrance sign stated above with the following conditions:

1.      The applicant shall submit all appropriate sign application documents and fees to the Planning and Zoning Department prior to obtaining a sign permit.

2.      The applicant shall submit a Letter of Intent/Maintenance stating who will be responsible for the maintenance of the entrance/monument sign.

3.      Notwithstanding anything to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in such a manner as to require any violation of any existing building, development, stormwater and/or any other applicable codes.

4.      The applicant shall be responsible for the maintenance and repair of the entrance sign.

5.      The applicant shall work with the Henry County SPLOST Department in coordinating the location of the sign

 

Randy Gibby of McDonough, GA – MC-06-01

Randy Gibby of McDonough, GA requests modification to a zoning condition for property located at Hampton-Locust Grove Road.  The property is located in Land Lot 240 of the 2nd District, consisting of 14+/- acres.  The request is to modify the condition regarding building materials.  The Zoning Advisory Board recommended Approval on March 9, 2006.

            On October 2, 2001, the Board of Commissioners rezoned the subject property from RA (Residential Agricultural) to PD (Planned Development), consisting of R-2 and R-3 single-family residential land uses, with ten (10) conditions.  The applicant’s request is to modify condition #2 which reads “Each home shall have at least 50% of the front design of brick, stone or stucco.  One-third of the homes shall be no less than 1,400 square feet, one-third 1,500 square feet, and one-third 1,800 square feet.”

            The applicant recommended the condition #2 to read “Each front elevation, including returns, shall consist of brick, stone, stucco or cement fiberboard, with the foundations consisting of brick.  One-third of the homes shall be no less than 1,400 square feet, one-third 1,500 square feet, and one-third, 1,800 square feet.”

            The Zoning Advisory Board recommended approval of the modification to a zoning condition on March 9, 2006 as follows: “Each front elevation including returns, shall consist of brick, stone, stucco or cement fiberboard, with the foundation consisting of brick.  All homes shall be no less than 2,800 square feet of heated space.”

            Mr. Scott Bennett represented the applicant.

            Chairman Harper asked Mr. Bennett if the applicant was in agreement with the recommendation by the Zoning Advisory Board.  Mr. Bennett stated they are in agreement.

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

            Staff stated the requested modification is for fourteen acres within Weems Plantation.

            Commissioner Mathis made the motion to approve the modification to a zoning condition with one condition; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Randy Gibby and Kris Cawley (MC-06-01) applied for a modification of a zoning condition regarding building materials for a rezoning that was approved by the Board of Commissioners on October 2, 2001.  The property is located within Weems Plantation, Unit III of the Whispering Willows Subdivision at Norway Spruce Court (parcel ID Numbers 078E-01-112-000 and 078E-01-121-000) in Land Lot 240 of the 2nd District and 242 of the 3rd District, consisting of 14+/- acres; and

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

WHEREAS, the request was to modify a zoning request to allow each front elevation, including returns of each home to consist of brick, stone, stucco or cement fiberboard with the foundations consisting of brick; 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 has reviewed and recommended approval of the request on March 9, 2006; and

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the above modification of zoning condition for building materials as follows:

1.      Each front elevation, including returns, shall consist of brick, stone, stucco or cement fiberboard, with the foundation consisting of brick.  All homes shall be no less than 2,800 square feet of heated floor space.

County Manager Comments

            There were no comments

County Attorney Comments

Annexation by the City of McDonough of approximately 91.44+/- acres (87.25+/- acres for residential use and 4.19+/- acres as neighborhood commercial use). The current zoning of the property within the County is RA.  The proposed zoning per annexation is R-75 and C-1 with variance(s).  The Property is the Wade Farms Common located at Turner Church Road at SR155.

Public Comments

            There were no comments.

Upcoming Meetings

1.      Monday, April 2, 2007 @ 9:00 a.m.  Regular BOC meeting has been cancelled.

2.      Tuesday, April 3rd,@ 9:00 a.m., Regular BOC meetings

3.      Monday, April 16th @ 9:00 a.m. and Tuesday, April 17th @ 6:30 p.m., Regular BOC meetings

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.

 

(No Executive Session was held.)

 

 

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

 

Chairman Harper announced that there were no executive session items so the Board did not hold an executive session.

            Chris Rodgers who lives on Turner Church Road spoke regarding the proposed annexation by the City of McDonough. 

            Chairman Harper added to the March 20, 2007 agenda “Appointments to the SPLOST III Oversight Committee”.

Adjournment

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

 

 

                                                                        Jason T. Harper, Chairman

 

Shay Mathis, County Clerk