The Henry County Board of Commissioners held a Regular Public Meeting at 6:30 p.m. on Tuesday, April 21, 2009, 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:


††††††††††††††††††††††† Elizabeth ďBJĒ Mathis, Chairman,

Reid A. Bowman, Vice-Chairman, District IV Commissioner

Warren E. Holder, District I Commissioner

Rick Jeffares, District II 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;Angie Bailey, Social Services Division Director; Terry McMickle, Public Works Division Director; Jim Luebbering, Building and Development Services Division Director; Michael Harris, Planning and Zoning Services; and others.

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

††††††††††† Chairman Mathis called the meeting to order and called for an acceptance of the agenda.Commissioner Stamey made the motion to approve the agenda; Commissioner Basler seconded.The motion carried 5-0-0.

††††††††††† Chairman Mathis recognized Boy Scout Troup 66 from St. James Catholic Church who was in attendance at the meeting as part of a requirement for their citizenship badges.

††††††††††† The Board presented the following proclamation regarding ďDonate Life MonthĒ:

WHEREAS, one of the most meaningful gifts that a human being can bestow upon another is the gift of life; and


WHEREAS, more than 100,000 men, women and children await life saving organ or life-enhancing tissue transplants, of which nearly 2,800 reside in Georgia; and


WHEREAS, the need for organ, tissue and eye donation grows daily as a new patient is added to the national waiting list for an organ transplant every 13 minutes; and


WHEREAS, the critical donor shortage remains a public health crisis as an average of 18 people die daily due to the lack of available organs; and


WHEREAS, organ, tissue, and eye donation can provide families the comfort of knowing the gift of donated organs and tissue endows another person with renewed hope for a healthy life; and


WHEREAS, donating life through organ, tissue, and eye donation is the ultimate act of generosity and kindness Henry County citizens can perform; and


WHEREAS, LifeLink of Georgia is the non-profit, community service organization dedicated to the recovery of high quality organs and tissues for transplantation therapy and Henry County supports their life-saving mission;


NOW, THEREFORE, the Henry County Board of Commissioners hereby proclaims the month of April, 2009 as Donate Life Month in Henry County, to honor all those who have made the decision to give the gift of life, and to focus attention on the extreme need for organ, tissue, and eye donation. We encourage residents to sign up on Georgiaís Donor Registry at to discuss the miracle of transplantation as a family, and to make a family commitment to organ, tissue and eye donation.

††††††††††† The Board presented the following proclamation to Jamal-Rashad Patterson:

WHEREAS, Jamal-Rashad D. Patterson, a senior at Henry County High School, is a member of the National Beta Club, the National Society of High School Scholars, and United States Achievement Academy, and has been named an All-American Scholar, and 2008 Certificate of Merit Winner by the University of Georgia, which recognizes the top five percent of scholar students in the state of Georgia, among numerous other recognitions and honors; and


WHEREAS, Jamal-Rashadís extraordinary scholastic triumphs are equally matched by his athletic ability on the football field, basketball court and track, resulting in his being named one of the Top 150 football players in the nation by ESPN, one of the top 11 players in the state of Georgia, ESPN Under Armour All-American Player, Wendyís Heisman School Winner, Prep Sports All-American Athlete, Gatorade Player of the Year in Track, and First State Bank Track Athlete of the Year, among others, in addition to his leading his team to championship after championship and breaking record after record in track; and


WHEREAS, these amazing accomplishments ultimately led to Jamal-Rashad D. Patterson being named the 2009 Winner of the Franklin D. Watkins Award which is given annually to the nationís premier African-American Scholar Athlete and also resulted in a full scholarship to Stanford University; and


WHEREAS, These and other accomplishments, together with a perfect attendance record from 9th through 11th grades are demonstrative of an exceptional student who puts his all into everything he does, and is therefore able to not only balance but excel in both the classroom and on the field;


NOW, THEREFORE, BE IT PROCLAIMED, that the Henry County Board of Commissioners wishes to congratulate Jamal-Rashad D. Patterson for these unprecedented achievements of academic excellence and athletic prowess and express its pride in Jamal-Rashad for the exceptional example he is to all Henry County high school students of what can be accomplished when one sets high goals and works hard to achieve them.

Authorization to apply for funds from the FTA Section 5311 American Recovery & Reinvestment Act (ARRA) of 2009

††††††††††† David Williamson, Transit Director presented the agenda item to the Board.The Georgia Department of Transportation (GDOT) notified Transit that it was eligible for capital assistance under the new 5311 American Recovery & Reinvestment Act.GDOT is responsible for the distribution and authorization of $25,600,000 that is allocated to Georgia Rural 5311 transit programs for capital projects.Henry County Transit submitted a list of capital projects to GDOT totaling $287,300.The request is for approval of the GDOT authorizing resolution and the project list.

††††††††††† Commissioner Stamey made the motion to authorize the application for transportation assistance; Commissioner Basler seconded.The motion carried 5-0-0 approving the following resolution:

††††††††††† WHEREAS, the Georgia Department of Transportation has agreed to apply for the new Section 5311 American Recovery & Reinvestment Act for Henry County Board of Commissioners (d.b.a. Henry County Transit) for Capital projects; for the period of July 1, 2009 thru June 30, 2010; and

††††††††††† WHEREAS, Henry County Board of Commissioners can collect up to $287,300.00 in Capital expense reimbursements; and

††††††††††† WHEREAS, Henry County Board of Commissioners will not be required to provide a local match;

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners agrees to apply for funds available from GADOT Section 5311 American Recover & Reinvestment Act.

Richfield Development Ė RZ-08-21

††††††††††† Ray Gibson, Planning & Zoning Director presented the agenda item to the Board.The request is to rezone property located at 2501 Highway 20 West from RA (Residential Agricultural) and C-1 (Neighborhood Commercial) to C-1 (Neighborhood Commercial).The property is located in Land Lot 210 of the 6th District.The property consists of 21.22 +/- acres, and the request is for future retail/church development.Currently 1.5 acres is zoned C-1 (Neighborhood Commercial) with associated conditions.The original plans submitted by the applicant shows the three (3) out parcels and the remainder of the property as C-1.The Zoning Advisory Board recommended leaving the 1.5 acres that is currently zoned C-1 and rezoning the remainder of the subject property OI (Office/Institutional) with eleven (11) associated conditions, which would allow for a church.Since that time after discussions with the applicant, the applicant is proposing to have 5 acres along the frontage of Highway 20 be C-1 and the remainder of the property consisting of 16.22 acres to be OI (Office/Institutional).From staffís point of view in looking at the request, OI would be along the perimeter of the property that would serve as a good transition into the Simpson Mill Plantation subdivision which is to the south of the subject property.Staff had no objections to the applicantís requested changes.Regarding condition #4 ďA plat of the proposed development shall be submitted to the Thomaston office of GDOT for review regarding access from SR20Ē staffís request is to add ďand approvalĒ.The condition shall read ďA plat of the proposed development shall be submitted to the Thomaston office of GDOT for review and approval regarding access from SR20Ē.

††††††††††† Chairman Mathis asked regarding condition #5 ďA final plat shall be required which shall include all required buffers and parking and loading areas, whether by ordinance or by variance, including the Bruton Smith Parkway Overlay District ordinanceĒ, does this include the requirement for a multi-use path that is part of the Overlay.Mr. Gibson stated it will.

††††††††††† Brent Moye represented the applicant.The applicant is in agreement with the conditions as they stand, including the amendment by staff.

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

††††††††††† Commissioner Jeffares made the motion to deny the request for C-1 for the entire property and approves five (5) acres as C-1 and the remainder of the property as OI with the eleven (11) conditions presented including the amendment by staff; Commissioner Holder seconded.The motion carried 5-0-0 approving the following resolution:

WHEREAS, Richfield Development Corporation of McDonough, Georgia (RZ-08-21) requested a rezoning from RA (Residential-Agricultural) and C-1 (Neighborhood Commercial) to C-1 (Neighborhood Commercial) for property is located at 2501 Highway 20 West (Parcel ID Numbers 057-01-020-001) in Land Lot 210 of the 6th District, consisting of 21.22 +/- 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 for C-1 and approval of a rezoning of the RA portion to OI (Office/Institutional) on October 9, 2008;

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners denies the above rezoning request for C-1 and approves the 5.0 +/- acres along State Route 20 zoned C-1 (Neighborhood Commercial) and the remaining 16.22 +/- acres zoned OI (Office/Institutional) with the following eleven (11) conditions:

  1. A traffic study shall be prepared by a professional in that field to determine if a left turn lane is warranted for access from Simpson Mill Road into the site. The traffic study is to be submitted to the Henry County Department of Transportation (HCDOT) for review. The Applicant will be required to make any necessary upgrades to the roadway as per the approved traffic study. This shall include, but not be limited to, the design and construction of the road widening, the acquisition of any additional necessary right-of-way or easements, and the relocation of utilities to HCDOTís satisfaction. The Applicant shall coordinate with the Georgia Department of Transportation (GDOT) to reach agreement for the location of a joint, shared driveway serving all the tracts within the proposed commercial subdivision.
  2. Proposed access to the site from Simpson Mill Road is to have a deceleration lane and acceleration taper designed and constructed to HCDOT standards. The curb cut shall be located as far as practically possible from the SR20 intersection and shall be located such that the minimum intersection sight distance is met per the roadís posted speed limit.
  3. There are to be no curb cuts from the proposed outparcels onto Simpson Mill Road. The outparcels are to gain access from the ďaccess driveĒ off of Simpson Mill Road and from any permitted accesses allowed by GDOT from SR20 (as allowed by the Bruton Smith Overlay District ordinance).
  4. A plat of the proposed development shall be submitted to the Thomaston GDOT office for review and approval regarding access from SR20.
  5. A final plat shall be required which shall include all required buffers and parking and loading areas, whether by ordinance or by variance, including the Bruton Smith Parkway Overlay District ordinance.
  6. An exterior lighting plan shall require all lighting to be of moderate brightness and downcast.
  7. A detailed landscaping plan shall be submitted. The Development Plan Review Department shall have final approval of the plan prior to final plat approval.
  8. A landscaped buffer of twenty feet (20í) shall be provided along the southern and eastern property lines of the subject property in addition to a decorative fence between six feet (6í) and eight feet (8í) in height. The required buffers shall be undisturbed; however, if the buffer is inadequate, additional planting shall be required to screen the development from residential uses. The following number of plant materials shall be required for each fifty linear feet (50í), or portion thereof, of the required buffers:
    1. One (1) canopy tree
    2. One (1) evergreen tree
    3. One (1) understory tree
    4. Five (5) shrubs
  9. The Developer shall meet all the requirements of the OI zoning district.
  10. A survey, prepared by a professional surveyor or engineer, shall be provided to the Planning & Zoning Department illustrating the subdivision of the four (4) parcels on the subject property.
  11. Notwithstanding anything to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in such a manner so as to require any violation of any existing building, development, stormwater and/or any other applicable codes.

Richfield Development Ė AP-08-10

††††††††††† The request for a Conditional Use for property located at 2501 Highway 20 West was denied by the Zoning Advisory Board on October 9, 2008.The property consists of 21.22 +/- acres and the request is for a church in the C-1 (Neighborhood Commercial) Zoning District.

††††††††††† This request is no longer warranted do to the previous rezoning.

Wrecker 1, Inc. Ė AP-09-01

Ray Gibson, Director of Planning & Zoning presented the agenda item to the Board. The request for a Conditional Use for property located at 130 Bellamy Place was denied by the Zoning Advisory Board on May 8, 2008.The property consists of 1.07 +/- acres and the request is for storage of impounded vehicles in an M-2 (Heavy Manufacturing) zoning district.

††††††††††† Commissioner Bowman recused himself from the discussions and voting on this agenda item.

††††††††††† Mr. Gibson stated as noted the applicant is appealing the denial of a Conditional Use for an impound lot that was denied by the Zoning Advisory Board.The subject property is located at 130 Bellamy Place and consists of approximately 1.07 +/- acres in size.To give a bit of history on the subject property, the Zoning Advisory Board originally did recommend denial due to the fact that a precedents was set for the subject property to have a building located on it.The old owners of the subject property (Henry County Towing) did receive a Conditional Exception on the subject property to have a mobile trailer to be used as an office for one a year period.The Zoning Board decided they wanted to give him one year and the applicant agreed to build a building after the one year or start the process of building a new building for the site.What happened was the company went out of business and there was no building put on the site.So from the Zoning Advisory Boardís standpoint, the main reason it was denied is because there is a precedent for a building and the applicant wasnít in agreement with the five (5) conditions of the approval on the Conditional Use which included a 3,200 square foot building on the subject property.Also impound lots are not defined in the Henry County Code currently.Planning & Zoning staffís interpretation is that impound lots are; go back two (2) years the interpretation was made that they would be put in with salvage junk yards which is M-2 with a Conditional Use.We were going to stick with that until such time as the Unified Land Development Code was adopted.And hence the applicant came before the Zoning Advisory Board in which they were denied and are here to appeal that denial to have an impound lot on the subject property.

††††††††††† Commissioner Stamey stated the original conditions that were put on this property when it was zoned the first time would remain in place.Mr. Gibson stated for the Conditional Exception.A Conditional Exception only last for one year, so the conditions would only apply for that one year on the property for that trailer and there was a promise from the applicant in order to get approval of the trailer he would start the process and submit plans to build a new building on the site.Technically, right now, there are no conditions, the one (1) year has lapsed and the trailer has been moved off the property.There are no conditions on the property right now besides the covenants, if there are any, of the industrial business park.

††††††††††† Commissioner Basler stated all the conditions would have carried on with the new owner but nowÖ..Mr. Gibson stated that itís not really conditions that are being followed here itís precedence.The Zoning Advisory Board did want a building on the property so thatís why the five (5) conditions were placed on the Conditional Use that included a 3,200 square foot building structure.The 3,200 square foot was taken at an average of what was around the property.†† Itís probably on the low end of the size of the buildings on the lots that are within Bellamy Industrial Park.

††††††††††† Commissioner Stamey asked for clarification, who came up with the 3,200 square feet building.Mr. Gibson stated staff did.The 3,200 square feet was negotiable but ruff estimates were done of what was out there in building size and they took the smaller end.Commissioner Stamey stated of that which was in the Bellamy Business Park.Mr. Gibson stated that was correct.

††††††††††† Commissioner Holder asked for clarification, the Conditional Exception that allowed the mobile structure was granted for one (1) year.Mr. Gibson stated that was correct.Commissioner Holder stated as far as the conditions of the 3,200 square foot building, was that a condition of the original zoning.Mr. Gibson stated no, that was the condition that we currently have that staff put on as a recommendation to the Zoning Advisory Board.Commissioner Holder stated the original owner, the one that is no longer in business, what conditions were placed on that owner when he came to staff and there was the requirement of the 3,200 square foot building.Mr. Gibson stated he (the previous owner) came in and said he was putting a wrecker service and he wanted to put a trailerÖ.Commissioner Holder stated he did not rezone the property.Mr. Gibson stated the property was already zoned M-2.Commissioner Holder asked, to staffs knowledge, are there any outstanding conditions on this particular piece zoned property currently.Mr. Gibson stated no; that would impact this request, no.

††††††††††† Commissioner Stamey asked if there were any conditions within the park; did the park have any requirements that a minimum square footage be placed on any lot.Mr. Gibson stated he was not aware of any.Commissioner Stamey stated there are no covenants, nothingÖ..Mr. Gibson stated heís not aware but doesnít think there are any covenants but is not 100% certain that there isnít.

††††††††††† Steve Richardson, Wrecker 1 represented the applicant.Mr. Richardson thanked the Board for the opportunity and stated that Mr. Gibson noted there were five (5) conditions, there wasnít, there were eight (8) conditions placed on the property.Also he said there wasnít anything in the current code for Henry County concerning wrecker services but under Automotive Service, Major it clearly states repair services to motor vehicles which require substantial replacement and/or repair of major components. Examples of major automotive repair services include, but are not limited to, transmission repairs/replacement, paint and body work, engine overhaul and radiator repair. Any repair services to construction equipment, agricultural equipment, commercial highway tractors, dump trucks, or wrecker services and associated storage yards (which is what we are after) shall be considered major automotive services.  He stated he believed that falls under C-3 not M-2 with conditions.M-2 with conditions that everybody says that was come up with was lead by Mr. Ray Gibson back in September, 2007 when Wrecker 1 originally applied for the county contract for wrecker services in July, 2007.Mr. Richardson said he had approximately eight (8) emails, going back and forth trying to decide the proper zoning.It went from C-3 to M-1 to M-2 and finally generated a letter from the County and Mr. Ray Gibson.Mr. Richardson said he didnít understand why it had to be M-2 with all the conditions.The lot is an acre with storage which complies and there are facilities at Bellamy Park with cars stacked higher than the fences.All they would like to do is park vehicles, not make it a junk/salvage yard.They would not be selling parts.Itís not understood why there is a requirement for a 3,200 square foot building, two (2) fences, Leland Cypress trees, full pavement and when all that is said and done the State will require a retention pond, so where would you be able to park anything; the lot is only an acre.It is a heavy duty industrial park thatís all M-2 that is completely off the road, you canít see it like Swansonís.Itís not understood why this conversation is needed.

††††††††††† Commissioner Stamey asked if the reference to heavy automotive was within the C-2 or C-3 zoning.Mr. Richardson stated it was his understanding that itís C-3.Commissioner Stamey stated that towing yards would fall under C-3.Mr. Richardson stated wrecker services and associated storage yards, yes.Commissioner Stamey asked if the subject property was C-2 or C-3.Mr. Gibson stated the subject property is zoned M-2.And for clarification what the applicant was reading was about a wrecker service.Wrecker services would be allowed in C-3 because they are actually providing a service to customers.C-3 as far as major automotive repair, customers go there and have their cars repaired.Tow trucks go out and bring the cars in and they can have a small storage area on the property, but they are providing a service to the customer.With impound lots thereís no real service being provided, thereís no customer traffic.This is just a stand alone lot where they will bring vehicles to sit on the property until they are removed.

††††††††††† Commissioner Basler asked if there was a detention pond that serviced the entire industrial park.Mr. Richardson stated if the lot has to be paved, the State will require a detention pond because of all the rainwater.Mr. Richardson stated most of the industrial park was built before the requirements regarding flood water issues were made law.Mr. Gibson stated there is a main detention pond on the site.

††††††††††† Mr. Richardson stated all he wants is a business license.He would like the TRIP Program and he canít get the TRIP program with the State because of this.Commissioner Basler asked if the subject property would be a holding yard.Mr. Richardson stated thatís it, a storage yard.An impound service is for example if you go over to Walmart and impound illegally parked cars.They are not impounding, they are storing cars, thatís it.Commissioner Basler stated the applicant did not want a building or anything on the property.Mr. Richardson stated no, itís not required in the wrecker contract and itís not needed, it would only take up room.Mr. Richardson stated he would need to be able to swing a 100 foot tractor trailer and this canít be done with buildings.

††††††††††† Commissioner Stamey stated if the ordinance that the applicant read is correct, and it says towing yards, holding yards or storage yards, thatís under C-3 and the subject property is zoned M-2, we are looking at a rezoning.Mr. Gibson stated there will not be a wrecker service at the site, he will just store vehicles, an impound lot thatís it.If he were to have a wrecker service and a major automotive repair service then there could be a potential rezoning of the subject property to C-3.The applicant would then be providing a service to the public.Thatís the difference between industrial and commercial.There would be people coming to the site to retrieve there vehicles.Commissioner Stamey stated the public would have the come and pick up the vehicles that are stored at the site.Mr. Gibson stated his understanding is the business license that was submitted to Planning & Zoning in September, 2008 stated that large trucks would be picked up and taken to where they would need to be dropped off and would not be coming back to the subject property. That business license is null and void because it has not been signed off by all necessary departments.Thatís why Mr. Richardson is before the Board so that he can obtain a business license.

††††††††††† Mr. Richardson stated he would have been better off just leaving the trailer there and fight it that way then he is to do it this way.He stated he is trying to do it right.Mr. Richardson disconnected the trailer, not Henry County Towing.Henry County Towing time was up when Mr. Richardson purchased the trailer.When Mr. Richardson was informed he disconnected the trailer and this is what has brought him to the conditional use.Mr. Richardson stated it was discussed what was the code of zoning and thatís when he found this information.Commissioner Stamey stated he understands that but if that is what is being requested (C-3 zoning), this should be a rezoning.Mr. Richardson stated the reason for the request is the Planning & Zoning Director told him it had to be M-2 with a Conditional Use. If he bought too much property there is another issue because this was done at the countyís direction.

††††††††††† Commissioner Stamey asked the County Attorney if she had reviewed the request.Ms. LaTonya Wiley, County Attorney stated she reviewed the information and the request is for a Conditional Use, which is the way it was advertised and thatís the way it began at the Zoning Advisory Board hearing, not for a rezoning.When an applicant comes in there are discussions with staff and staff informs them of the process they would need to follow.Itís assumed that staff did indicate to Ms. Richardson that the Conditional Use would be the proper way to go as opposed to a rezoning based on the information they received.Mr. Gibson stated if the property is zoned C-3 there would have to be service provided to the citizens of Henry County.If the applicant was to build a wrecker service building and they bring the trucks to the site and people come to pick up vehicles then we would be looking at a C-3 type use.In addition maybe being a major automotive repair service station would be more C-3 than just a stand alone impound lot.Thereís no criteria for a stand alone impound lot in the current code.Ms. Wiley stated under the countyís towing ordinance for wrecker services, there is a condition that there be a structure on the premises.There is no criteria set for that ordinance so it is left up to staff to recommend perhaps what type of structure should be there.

††††††††††† Commissioner Stamey stated several years ago someone zone property within the City Limits of Stockbridge, and all he was proposing was to store tractor trailers and the property was zoned either C-2 or C-3.It sounds similar to what the applicant is proposing, the only difference is the trailers are wrecked.Mr. Gibson stated he was not aware of this and could not comment.Mr. Gibson stated he remembers there was one storage facility/impound type lot on Highway 42 in the City of Stockbridge that was recently cited for their use on the property.

††††††††††† Commissioner Holder stated one thing that is clouding the issue is the request is not for a rezoning.An impound or storage facility is an allowable use in M-2.Mr. Gibson stated with a conditional use.Commissioner Holder stated the subject property is an M-2 zoned classification; he is in the proper zone.The Board is addressing the Conditional Use.Commissioner Holder stated weíre confusing wrecker service vs. impound/storage lot; thatís where the difference is.A wrecker service has traffic that comes in and out and a service is provided on site.This particular impound lot would be a pick up point or transfer point where customers would not be coming in.Mr. Gibson stated that was correct.

††††††††††† Commissioner Holder stated one thing that concerns him about this is it being in the middle of an industrial development such as this.When looking at the minutes from the Zoning Advisory Board meeting (February 12, 2009) the applicant refers to approval for the Trip Program and it is also mentioned that the applicant has had Hazmat Training.Commissioner Holder stated you always have to look at the what ifs; what if you bring a load of chemicals from an accident to the lot.Mr. Richardson stated all that is handled on the scene; it doesnít get transported that way.Commissioner Holder stated from experience he knows that all of the chemicals or whatever would not be removed at the site.Commissioner Holder asked regarding this issue who would be responsible, EPD, the County, who would be responsible for the runoff and detention.Mr. Richardson stated currently the facility is all crush and run and it would be absorbed.If there is a tanker full of product it would be taken back to wherever, they wouldnít leave a high dollar load sitting there.If the tanker gets smashed up leaking oil or antifreeze or something, that is no different than Swansonís or Elkins.

††††††††††† Commissioner Basler asked if there has to be some type security.Mr. Richardson stated the security is the fence, barbwire and the lock.Itís the same as Swanson Wrecker and any wrecker service in the State.

††††††††††† Commissioner Stamey asked the applicant which conditions he had a problem with.Mr. Richardson stated all eight of them.The 3,200 square foot buildings, 10í buffer fence, the fence being 6í high, then you have to put in vinyl slates and then a drip line has to be added at the back of the structure.Then you have to pave the back of the structure and then 6í Leyland Cypress have to be installed.This is an industrial park, thereís cars stacked two and three high above the fence.Thereís property that is plain dirt that has heavy equipment already.

††††††††††† Commissioner Stamey asked if the facility with the stacked cars have a building.Mr. Richardson stated yes they have a building and they have a fence.

††††††††††† Chairman Mathis called for public comments from anyone wishing to speak in opposition to the request.Speaking in opposition was Janice Bowman.†† Mrs. Bowman stated she has a business on the same street as the subject property.She has had a business at this location since about 1992.Mrs. Bowman presented photos of other businesses in the industrial park.Mrs. Bowman commented that when they built their building they had to build a certain size building and anything in the back had to be fenced.There had to be a paved driveway.If this building is allowed to come in and not have a building and not go along with the theme of the office park, it would not be fair to the people/businesses that have been there for years and pay taxes and did what they were told they were suppose to do in the beginning.It has never been made clear what the intentions of the applicant are.In the beginning she thought is was going to be a towing business.Mrs. Bowman stated she didnít care what the applicant does behind the building.This is an industrial park.Mrs. Bowman asked that the applicant be made to go along with what the other businesses have had to do.Mrs. Bowman stated she doesnít have walk in customers but there are clients that she builds buildings for.She could have started her business and had a trailer and it would have been a lot less expensive than what was built.They built what was required at that time.In this economic time, Mrs. Bowman stated she did not want anything there that would depreciate her property.

††††††††††† Chairman Mathis called for public comments from anyone wishing to speak in favor of the request.Speaking in favor of the request was Stacy Richardson.Mrs. Richardson asked if the building that Mrs. Bowman has on her property, was it required or was that the building that she wanted to put up.Mrs. Bowman commented that when you apply for a building permitÖ.the werenít told they had to build that building but there had to be a certain square footage, there had to be a paved front, there had to be a fence around the yard.Mrs. Richardson presented pictures of businesses in the park without fencing and they donít all have masonry fronts.The business that was mentioned earlier that has a fence and has cars stacked high, there are no Leyland Cypresses, there is no buffer but you canít see the cars and itís at the very end.Mrs. Richardson stated she does not understand why she has to have these conditional uses when everyone else doesnít have it.

††††††††††† Commissioner Basler asked if all the businesses in the park have buildings.Mr. Richardson stated no, there are a couple of vacant lots that has stuff stored on them.What kinds of business do the have?Mr. Richardson stated he didnít know but they have heavy equipment.Some of the lots have junk cars and code enforcement cited them and they had to go to court, but he didnít know.

††††††††††† Commissioner Stamey asked what the average square footage is of the businesses on that road.Mr. Gibson stated they didnít get all the buildings.They took the low end of approximately 4,000 square feet and came up with 3,200.Commissioner Stamey asked if the smallest building on that street was 4,000 square feet.Mr. Gibson stated no, there are some smaller and there are larger ones.Mr. Richardson stated the conditions started out at 2,000 square feet and now itís 3,200.Mr. Richardson stated if the truth be told if it was 50 square feet he doesnít need a building.

††††††††††† Commissioner Holder stated the applicant indicated that he was opposed to all eight conditions. Mr. Richardson stated he was not opposed to working something up as far as privacy goes but to put two fences, Leyland Cypress, slates and all that, yes.Commissioner Holder stated condition #3 states there should be a fence a minimum of 6í high.Mr. Richardson stated that the fence is there.It has adequate lighting and a 6ífence.

††††††††††† Commissioner Basler asked the applicant if he was not amenable, at any extent, to put any kind of building on the property.Mr. Richardson stated no.Commissioner Basler stated he was running a business and the property is to be used as a holding lot.Mr. Richardson stated yes, the property is only an acre.He has a 100í tractor trailer.Commissioner Basler asked if he wanted to store tractor trailers on the property.Mr. Richardson stated yes, one thing leads to another.Right now and then they are going to work on the County wrecker service, but they are not at that bridge yet.Commissioner Basler asked if this would be something that he would use if he had the County wrecker service.Mr. Richardson stated if he had this storage facility and he had the County wrecker services his building and his base of operations would be around the super Wal-Mart area for the office part in one of the office complexes there to be close to the big road.Right now he has a business license at his residence and he runs it from their.

††††††††††† Commissioner Stamey stated he doesnít believe he has every approved a conditional use or rezoning without conditions.The problem is that the applicant doesnít want any conditions.Mr. Richardson stated the property is in heavy industrial.Commissioner Stamey stated you have to have a place to do business.Mr. Richardson stated the fence and the barbwire is there, if the Board would like for him to put slates in the fence and put in Leyland Cypress trees, thatís fine but not another fence inside a fence, Leyland Cypresses, plus slates, plus a 3,200 square foot building, itís only an acre.Commissioner Stamey stated the applicant is talking about a piece of property that will be unsecured besides a chain and a lock.Mr. Richardson stated what kind of security do you have at your house, a lock on the front door.At this time there are empty trailers that the applicant owns at the property.They have been there for three months and nothing has happened.

††††††††††† Commissioner Basler asked if the citizens that owned the subject property prior to Mrs. Richardson, they had conditions on their use and they had a trailer on the property.Mr. Gibson stated the condition for the Conditional Exception was that they were going to build a building; use the trailer temporarily for an office.Within that year they were to bring plans to start building a structure.The Zoning Advisory Boardís intent when they approved it they were hoping thatís what was going on the property.When they found out there was not going to be a building, thatís why they recommended denial of the Conditional Use request.

††††††††††† Mr. Richardson stated the only thing that has to do with security at all is the fence.The fence is already there.Mr. Gibson stated the County Code currently requires for industrial and commercial uses, the area where vehicles will be is to be paved.The actual property has to be paved to store vehicles.

††††††††††† Commissioner Holder stated for clarification that any storage building built now has to be paved.Mr. Gibson stated per the Code unless itís deviated from by the Development Plan Review Department before the Board of Commissioners through a variance.Mr. Richardson stated he would have a problem with that because CLM is not paved, Swansonís and Elkins isnít paved.Mr. Gibson stated he canít make interpretations on what happened in the past.In 2007 this interpretation was made and staff wanted to make the best interpretation for what is wanted moving forward.

††††††††††† Commissioner Holder made the motion to overturn the denial by the Zoning Advisory Board and approve the Conditional Use.Commissioner Holder stated after looking at the pictures presented by both sides you find some fenced and some not fenced, some paved and some not paved.Itís very inconsistent in the area.Also with one (1) acre the applicant can not put many things inside the fence.Condition #3 will remain; the applicant agreed to put the slates in the fence.Commissioner Jeffares seconded.

Commissioner Basler asked for clarification if the applicant would not have to pave the property.Mr. Gibson stated that would be up to the Development Plan Review Department.

Commissioner Stamey asked if there is only one condition.Chairman Mathis confirmed one condition with the exception of what Development Plan Review Department would require.

Commissioner Holder commented on each condition.

1.                               The primary structure shall have a masonry front faÁade and shall have a minimum of 3,200 square feet of floor space.There will not be a building.

2.                               A ten foot (10í) buffer shall surround the sides and rear of the subject property.The buffer shall feature Leyland cypress trees a minimum of six feet (6í) high at the time of planting, spaced closely enough to provide an opaque screen at the time of maturity. The buffering would take additional footage.

4.                               The fence shall only be located behind the rear drip line of the primary structure.There is no structure

5.                               Any vehicles or equipment to be stored outside shall only be stored in the rear of the building within the fence.The vehicles will be within the fence.

6.                               All parking and outside storage areas shall be paved.If this was consistent with everything within the park, Commissioner Holder stated he would say yes to the condition.

7.                               Any ground signage shall be monument based not to exceed fifteen feet (15í) in height.Commissioner Holder stated he did not see many signs, there were some signs and it wasnít consistent throughout the development.

8.                               Notwithstanding anything to the contrary herein, no zoning condition imposed herein shall be interpreted or applied in such a manner so as to require any violation of any existing building, development, stormwater and/or applicable codes. This is the catch all condition.

Commissioner Holder stated other than condition #3, all of them relate back to the fencing or a building.Mr. Gibson asked if there could be a condition added that it be used for trucks only (tractor trailers).Commissioner Holder said certainly because Mr. Richardson has said that it would be used for tractor trailers/18-wheelers only.Mr. Richardson stated at this time yes.Commissioner Holder stated the applicant is in agreement and he would add this condition to his motion.

Commissioner Holder amended his motion to add a condition that the use will be for trucks only (tractor trailers); Commissioner Jeffares amended is second.

Mr. Richardson stated as long as this does not hinder him from the County wrecker service contract at a later date.Commissioner Holder stated the County wrecker service contract would call for a different zoning.The property would have to be zoned C-3 because the applicant would be dealing with the public, there would be people coming in and out and the applicant would not be able to use the property without having it rezoned.Mr. Richardson stated he didnít understand this because Swansonís is M-2.Commissioner Holder stated he could not answer that one but was speaking of this issue.Mr. Gibson stated the property would become a salvage and impound lot and that is what Swansonís and Elkins both are.Elkinís is currently zoned RA and Swansonís is M-2 with a conditional use.Commissioner Holder stated then yes he could do this.

Mr. Gibson clarified for the record a lot of the wrecker services are associated with a major automotive repair service station.There are trucks located at the site and they may store the cars on the property.But as far as salvage junk yards, the zoning is M-2 with a conditional use.Itís clear in the Ordinance that there has to be a building on the site if you want to apply for the county wrecker service.

Chairman Mathis restated the motion to overturn the denial and recommend approval of the Conditional Use with condition #3 and another condition that the site would be used for trucks only.Mr. Richardson stated the trucks only condition was removed because it fits the classification of the county wrecker service.Commissioner Holder stated the motion will be remain the same.Michael Harris, Public Works Division Director asked for clarification as to whether condition #8 would be included.Chairman Mathis stated yes it would remain.Mr. Harris stated this would address issues such as paving of the lot in this case.Mr. Richardson stated that all other wrecker services should have paved lots.Mr. Harris stated we were not going back to when other lots were zoned.Mr. Gibson stated condition #8 can be used to open discussion about how the lot would be paved or graveled; how the lot will be laid out.Commissioner Holder stated the intent of his motion is not to pave the lot.Mr. Gibson asked that a condition be added stating that the site would not be required to be paved.Commissioner Holder stated he would amend his motion to add that condition as #3.Commissioner Jeffares amended his second.The motion failed 2-3-0 with Commissioners Holder and Jeffares voting in favor and Commissioners Basler, Stamey and Chairman Mathis voting in opposition.

Chairman Mathis called for another motion.Commissioner Jeffares asked the applicant if he could wait two more weeks.The Board could table the item and bring it back in two weeks.Mr. Richardson stated thatís fine, the only question would be what will be different then from this hearing.Commissioner Jeffares stated he would like to visit the site.Commissioner Stamey asked if staff could do an actual square footage of the entire street, find out what the overall square footage is on the entire road of businesses in that area.Mr. Gibson stated it would have to be one month from this meeting due to advertising requirements.Chairman Mathis asked if staff could also determine how much of the park is office space versus warehouse space.Mr. Richardson stated he lives on 26 acres and as long as the trucks have tags on them he can park them there.He canít bring anything in and charge for it but if he owns it he can park it there.He doesnít understand, the property is off the road and will look nothing like Swansonís.

Commissioner Basler commented that the more Mr. Richardson spoke itís regarding getting into the towing business and/or the county wrecker service.Commissioner Basler stated by tabling the item, it would give more time to clarify some issues.Mr. Gibson stated on May 19th the Unified Land Development Code will be on the agenda.Currently within that code M-1 and M-2 zoning districts will allow impound lots without a conditional use.Mr. Gibson encouraged the Board to think about how they would like to treat impound lots as we move forward.

Commissioner Jeffares made the motion to table the request to the May 19th meeting; Commissioner Stamey seconded.The motion carried 4-0-0 (Commissioner Bowman recused himself from this agenda item)

County Manager Comments

††††††††††† There were no comments.

County Attorney Comments

††††††††††† Resolution requesting a formal opinion from the Attorney General of the State of Georgia concerning the constitutionality of a Local Legislative Act known as House Bill 847

††††††††††† LaTonya Willey, County Attorney presented the agenda item to the Board.There is a provision in the local act creating the Henry County Board of Commissioners that is commonly referred to as the resign to run provision.That provision in our local act is in conflict with the Georgia Constitution and the request is for approval of resolution that will authorize the County Attorney to seek a formal opinion from the Attorney General for the State of Georgia concerning that.The Georgia Constitution requires an elected official to resign from office prior to running for a different office if the two terms of office will overlap by more than 30 days.The Countyís local act requires an elected official (a commissioner) to resign from office prior to running for a different office regardless of whether the two terms overlap.In light of the apparent conflict the request is for permission to seek a formal opinion from the Attorney General concerning that conflict.

††††††††††† Commissioner Jeffares made the motion to approve the request; Commissioner Holder seconded.The motion carried 4-0-0 (Commissioner Bowman was not present for the discussion and vote on this item)

††††††††††† Commissioner Holder asked if this item would go directly to the Attorney General or does it go through the District Attorney.Ms. Wiley stated it would go directly to the Attorney General.

(Commissioner Bowman reentered the room)

Approval of the minutes

††††††††††† Commissioner Holder made the motion to approve the April 6th, 15th and 17th minutes; Commissioner Jeffares seconded.The motion carried 5-0-0.


Public Comments

††††††††††† Chairman Mathis stated there were two people signed up to speak during this portion of the meeting regarding McDonough Youth Hockey and the Avalon rink.†††††††††† Chairman Mathis commented she received a note from the County Manager that may address the stated issues.Avalon Park was constructed by the City of McDonough with a development agreement with the developer.It was based upon an agreement that the City has with the developer.The City met last night (April 20th) and approved to award a bid to get the repairs done.According to information received from the City Manager, they are going to repair the roof leak, the gutter, and the concession stand repairs.

††††††††††† Glen Heppard, representing the McDonough Youth Hockey Association spoke regarding another issue is that there is no containment at the rink for the pucks. There was a formal proposal for a fenced structure that would go around the perimeter of the hockey rink.There is neither a restroom nor a concession stand at the facility.

Upcoming Meetings

1.      Monday, May 4th at 9:00 a.m. the regular meeting and at 6:30 p.m. a meeting with the Hospital Authority to be held at the Henry County Administration Building

2.      Tuesday, May 5th at 9:00 a.m., regular meeting

3.      Monday, May 18th at 9:00 a.m. and Tuesday, May 19th at 6:30 p.m. Regular Board Meetings


††††††††††† Commissioner Stamey made the motion to adjourn; Commissioner Basler seconded.The motion carried 5-0-0.


††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Elizabeth ďBJĒ Mathis, Chairman


††††††††††† Shay Mathis, County Clerk