STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Regular Meeting at 9:00 a.m. on Monday, July 16, 2007, in the Community Room, County Administration Building, 140 Henry Parkway, McDonough, Georgia.  Notice of this meeting was posted in the entrance foyer of the County Administration Building. The Daily Herald was notified of this meeting. Those present were:

 

          Jason T. Harper, Chairman

          Warren E. Holder, District I Commissioner

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

          Randy Stamey, District III Commissioner

          Reid A. Bowman, District IV Commissioner

          Johnny B. Basler, District V Commissioner

 

Also attending were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Rob Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager; LaTonya Wiley, Deputy County Attorney; 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 Director; and others.

 

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

Chairman Harper called the meeting to order and called for an acceptance of the agenda.  Commissioner Holder made the motion to approve the agenda; Commissioner Bowman seconded.  The motion carried unanimously.

Chairman Harper made the following announcement:

The following agenda item was removed, per staff, and will not be heard:

Business License/Occupational Tax

Resolution authorizing the approval to issue a license for the sale of alcoholic beverages located at 1961 Jonesboro Road, McDonough, GA (Presenter:  Dottie Green, Occupational Tax Manager) (Exhibit #1)

BUILDING, DEVELOPMENT & ENVIRONMENTAL SERVICES

Streetlight Districts

          Bert Foster, Planner II in the Development Plan Review Department presented the agenda item to the Board. Chapel Ridge Estates applied for the addition of two streetlights for an existing streetlight district.  All requirements have been met.

          Commissioner Basler 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 addition of two streetlights for   an existing streetlight district:

 

·        Chapel Ridge Estates, Unit I, 45 lots, Snapping Shoals EMC, District 5

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.

PUBLIC SAFETY

Acceptance of a donation from Glen Haven Baptist Church

          Assistant Chief Bill Lacy presented the agenda item to the Board.  The request is for acceptance of a donation of $31,590.00 from Glen Haven Baptist Church to the Fire Department to purchase personal voice amplifiers for the self contained breathing apparatus used by firefighters.

          Commissioner Stamey made the motion to accept the donation; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the personal safety of firefighters in emergency situations depends, at least in part, on the ability to clearly and effectively communicate among themselves; and

 

WHEREAS, the Henry County Fire Department, in the interest of promoting the safety of its employees, proposes upgrading and increasing its interpersonal amplification equipment; and

 

WHEREAS, Glenhaven Baptist Church has collected and desires to donate $31,590 to be used by the Henry County Fire Department to purchase of personal amplifiers for communicating purposes by the entire Henry County Fire Department during firefighting emergencies;

 

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners authorizes the acceptance of a donation, in the amount of $31,590 from the Glen Haven Baptist Church, to be used for the purchase of personal amplification equipment and authorizes its Chairman to execute any documents necessary for the acceptance and proper accounting of this donation.

PUBLIC WORKS

Addition of speed humps in the Dailey’s Mill Plantation Subdivision

          Terry McMickle, Public Works Division Director presented the agenda item to the Board.  The request is for approval of speed humps in the Dailey’s Mill Plantation Subdivision.  In accordance with the Speed Hump Ordinance all requirements have been met.

          Commissioner Stamey made the motion to approve the installation of speed humps in the Dailey’s Mill Plantation Subdivision; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the residents of Dailey’s Mill Plantation subdivision have signed a petition in accordance with the Henry County Speed Hump Ordinance; and

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

WHEREAS, the 85th percentile speed has been confirmed to be greater than 11 miles per hour over the posted speed limit; and

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

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

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners, approve the installation of speed humps within the Dailey’s Mill Plantation subdivision and authorize D.O.T. staff to proceed with installation of the speed humps

 

DEPUTY COUNTY MANAGER

Purchase playground equipment for Warren Holder Park

          Tim Coley, Director of Parks & Recreation presented the agenda item to the Board.  The request is for approval of playground equipment for the new playground at the Warren Holder Park. 

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

WHEREAS, a need exists to purchase and install handicap accessible playground equipment at Warren Holder Park; and

 

          WHEREAS, the playground will encourage physical activity that results in fewer health problems; and

 

          WHEREAS, park playgrounds make a community attractive and a desirable place to live, work and play; and

 

          WHEREAS, the County has agreed to fund $32,833.36 from the SPLOST program and utilize the U.S. Communities Purchasing Alliance;

 

          NOW THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners, approve and authorize the Chairman to sign any and all documentation to complete the purchase of the playground equipment for use by the Parks and Recreation Department.  All budget transfers and journal entries needed to account for this transaction are hereby approved by this resolution. 

SPLOST/CAPITAL PROJECTS

Quit Claim Deed reverting a remnant parcel of land to Clifford Allen & Mary Frances Bookout

          Roy Clack, SPLOST/Capital Projects Director presented the agenda item to the Board.  Flat Rock Road Bridge, a SPLOST II project, is currently under construction.  Certain portions of existing right-of-way were not needed for the bridge construction.  There was a request for the property to be deeded back to the property owners. 

          Commissioner Mathis asked staff if there was any documentation of a reversion agreement.  Mr. Clack stated there was no documentation that the Board agreed to revert the property but it is customary to revert property once the right-of-way has been purchased and there are remnants left and they are not of value to anyone else. 

          Commissioner Mathis asked if this could be done legally.  Patrick Jauagsetter, County Attorney stated the law allows property to be reverted back to the property owners if it is of no use and has minimal value.

          Commissioner Basler made the motion to approve the reversion of a remnant parcel of land; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Flat Rock Road Bridge is a designated SPLOST II project that is under construction; and

WHEREAS, all right of way has been acquired; and

 WHEREAS, certain portions of existing right of way are not needed for the bridge construction; and                                      

          WHEREAS, SPLOST Management recommends deeding unneeded parcels to adjoining property owner;  tract A consisting of .0932 acres (4,060 sq. ft.) and tract B .0698 acres (3,041 sq. ft.) would be deeded to Clifford Allen & Mary Frances Bookout; and

          NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a quit claim deed to convey remnant property to Mr. & Mrs. Bookout and authorizes the Chairman of the Board to sign all necessary documents.

SOCIAL SERVICES

Submission of the 2008 Community Service Block Grant (CSBG) for funds to assist low income citizens

          Susan Craig, Director of Senior Services presented the agenda item to the Board.  The request is for authorization to apply for the annual CSBG funds in the amount of $81,263.00.

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

WHEREAS, the Henry County Board of Commissioners desires to provide necessary Community based services which impact on the causes and effects of poverty for low income citizens of Henry County; and

 

WHEREAS, the Henry County Board of Commissioners desires to submit a Project Application Plan [application] seeking Federal Fiscal Year (FFY) 2008 Community Services Block Grant Program [CSBG] funds to assist the County in its efforts to assist low income citizens of Henry County;

 

WHEREAS, the Henry County Board of Commissioners desires to enter a contractual arrangement with the Georgia Department of Human Resources for the provision of said services during the contract period October 1, 2007 - September 30, 2008;

 

NOW, THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners approves:

 

(1) the preparation and submission to the State of Georgia of the FFY2008 Community Services Block Grant [CSBG] Project Application Plan, Budget and other documentation prepared by Henry County Senior Citizen Services [the CSBG Administrator for Henry County during FFY2007], using an allocation of funds based on the recommendations adopted by the Henry County CSBG Advisory Committee.

 

(2) authorization for the Chairman to execute the DHR CSBG application, contracts and            all accompanying assurances and certifications and any subsequent contract or application amendments for additional CSBG FFY 2008 funds.

 

BE IT RESOLVED, that the Chairman and Clerk for the Henry County Board of Commissioners are duly authorized to execute said application and contractual documents with the approval of and on behalf of the Henry County Board of Commissioners.

Acceptance of the Second Amendment to the Atlanta Regional Commission Contract for Fiscal Year 2007

          Susan Craig, Director of Senior Services presented the agenda item to the Board.  The request is for allowance to accept additional funds in the amount of $1,779 in the annual ARC contract.

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

Resolutions ratifying the Community Service Agency Contracts for the 2008 Fiscal Year

          Angie Bailey, Social Services Division Director presented the agenda item to the Board.  The request is for ratification or renewal of Community Service Agency contracts and to continue to distribute funding for the 2008 Fiscal Year Budget.

          Commissioner Holder made the motion to approve the contracts (a total of seven); Commissioner Bowman seconded.  The motion carried unanimously approving contracts with the following agencies:  Flint Circuit Council on Family Violence in the amount of $78,000 (annual); A Friend’s House in the amount of $125,000 (annual); Prevent Child Abuse Henry County in the amount of $15,000 (annual); Helping in His Name Food Pantry in the amount of $25,000 (total in one payment); Hands of Hope Clinic, Inc. in the amount of $24,000 (total in one payment); Southern Crescent Sexual Assault Center in the amount of $20,000 (total in one payment) ; Community Gardens of Henry County, Inc. in the amount of $15,000 (annual).

 

PLANNING & ZONING SERVICES

Notice of Amendment to Official Zoning Map of Henry County

Notice is hereby given as required by Section 3-7-314 of Henry County, Georgia Code of Ordinances, that the County will conduct a Public Hearing for the purpose of approving a resolution to adopt a new Official Zoning Map, according to Sec. 3-7-33, to correct drafting or other map errors or omissions in the prior official zoning map.  The proposed corrections shall not have the effect of amending the original official zoning map, but only making corrections to errors which have been identified by the County.  The corrected copy of the Official Zoning Map will supersede and replace the current Official Zoning Map adopted March 19, 2007. 

          Stacey Jordan, Chief Planner in the Planning & Zoning Department presented the agenda item to the Board.  The subject property was a county initiated rezoning before 1984 from RA to M-1.  A portion of the original property was reverted to the original zoning in May, 1994 and the map during the reversion shows the subject property as M-1.  Planning & Zoning staff proposed that the remainder of the subject property be corrected on the zoning map to depict M-1.  The Zoning Advisory Board recommended approval of the amendment to the map.

          Commissioner Holder asked if it was legal to make the suggested correction.  Patrick Jaugstetter, County Attorney stated the request is rezoning the property and all advertisement requirements have been met.  The Zoning Map can be amended at the pleasure of the Board as along as the zoning procedures are followed.

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

          Commissioner Mathis stated according to planning staff there was no official documentation in the file that changed the zoning for this particular parcel of land, it was changed inadvertently on the Zoning Map. 

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

          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 July 16, 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 March 19, 2007, 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 March 19, 2007, is hereby repealed.

IV.

          The official zoning map dated March 19, 2007, 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.

Lovejoy Meadows, LLC of Lovejoy, GA; RZ-04-36

Lovejoy Meadows, LLC of Lovejoy, GA requests a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for property located at 28 Lovejoy Road, in Land Lot 188 of the 6th District.  The property consists of 24.25+/- acres, and the request is for a residential conservation subdivision.  This request was originally denied by the BOC on February 15, 2005 and is being brought back as a Consent order.

          Patrick Jaugstetter, County Attorney presented the agenda item to the Board.  The initial zoning application was filed in 2003.  The applicant filed a lawsuit after the initial application for rezoning was denied.  The original application requested a PD (Planned Development) zoning with commercial along Lovejoy Road and a residential component behind it.  Over the course of the initial proceedings, the layout was changed numerous times and ultimately the plan presented to the Board was a proposal eliminating the commercial property along the frontage on Lovejoy Road and had a varying number of lots where the lot numbers were as high as 72 lots.  The proposal submitted at this meeting called for the property to be zoned from an RA zoning classification to an R-2 Conservation Subdivision classification.  The proposed number of lots is 54 which are slightly more than what’s allowed in a straight R-2 Conservation Subdivision.  It would be 53 new lots and there is an existing farm house on the property.  There is open space along Lovejoy Road and along the southern boundary of the property. The northern edge of the property, in Clayton County, is an apartment/condominium complex.  The proposal presented is for a total of 54 lots with a minimum lot size of 10,890 square feet.  All the homes will be constructed of brick, stone or stucco front with the remaining sides consisting of brick, stone, stucco or hardiplank.  The front and side yards shall be sodded to the rear drip line.  There is also a variance for the amount of open space; the conservation subdivision requires 40%.  Also there is a conditional use request to allow for a conservation subdivision.

          Chairman Harper stated the square footage for the proposed homes was not stated.  Mr. Jaugstetter stated the proposed square footage is 1/3 a minimum of 1,800 square feet; 1/3 a minimum of 1,700 square feet; 1/3 a minimum of 1,600 square feet. 

          Chairman Harper called for public comments from anyone wishing to speak in opposition to the request.

          Tom Bowen, Director of South Side Development represented the applicant.  The existing house currently on the property will be lot #20 of the proposed subdivision.  The house meets the proposed building lines within the community and will be a part of the subdivision.  Mr. Bowen stated he has worked diligently to come to an amenable solution that the Board would be willing to accept. 

          Commissioner Basler asked the price range for the proposed homes.  Mr. Bowen stated the exact price range has not been set, but should range from the low to mid 200’s.  The Clayton County development will affect the Henry County Development and this is a way for the developer to expand with an upper scaled development. 

          Commissioner Stamey asked the applicant if he would be interested in modifying the proposed square footage of the homes to all homes to be a minimum of 1,800 square feet.  Mr. Bowmen stated he wouldn’t have a problem with a minimum square footage of 1,700 throughout the subdivision.

          Commissioner Holder asked the applicant the size of the homes within the Clayton County development.  Mr. Bowen stated must are 1,500 to 1,600 square foot homes.  The first few homes that were built in that development (Lovejoy Crossing) looked bad.  That concept was totally scrapped and redone from the ground up. 

          Commissioner Bowmen asked staff where the property would fall in relation to the Future Land Use Map.  Mr. Jordan stated the property would fall in the low density residential, however, Lovejoy Road is considered a local road so the density should not exceed 1.0 dwelling units per acre. 

          Commissioner Stamey asked staff if an R-2 subdivision was allowed on a local road.  Mr. Jaugstetter stated that has been one of the points of contention in the lawsuit.  The County classifies the road as a local road and its called Old Lovejoy Road and Old Lovejoy Road is also old State Route 3.  One of the disputes of the lawsuit is whether it is a local road designated by the County or is it actually a state highway.

          Commissioner Stamey asked which is it, a state road or local road.  Mr. Jaugstetter stated it has not been determined.  The County’s position is that the road is a local road.  The State called the road a minor arterial. 

          Commissioner Stamey stated if this request is approved on a local road it would go against the County Ordinance.

          Commissioner Mathis asked staff if the width of Lovejoy Road was known.  Mr. Terry McMickle stated he would research it.  Mr. Jaugstetter stated the right-of-way is 80 feet and the road itself is approximately 24 feet. Commissioner Mathis stated she would also like to know who has been maintaining the road; the state or the county.  Mr. McMickle stated a lot of times there were roads throughout the county that were state routes and because the traffic volumes declined, the state would re-designate the road.  The new State Route 3 is Highway 19/41 and the old state route would be given back to the county to be maintained. 

          Commissioner Mathis asked if this was done formally.  Mr. McMickle stated the information is relayed by letters.  Commissioner Mathis asked if this information had been relayed to the county.  Mr. McMickle stated he had not researched the matter but the county maintains the road. 

          Chairman Harper called for the opposition to come forward.  Those speaking in opposition to the request were:

·        Jim M. Steele a resident of the County and lives at Highway 81 West.

·        Carole Purcell a resident of the County and lives at 244 Lovejoy Road.

Commissioner Basler asked was the request in line with the Future Land Use Map.  Ray Gibson, Planning & Zoning Director stated the Future Land Use Map designates the subject property for residential and agricultural land uses not to exceed 0.8 dwelling units per acre because it’s within the Shoal Creek Watershed District. 

The proposed development is asking for 2.4 dwelling units per acre.  Mr. Bowen stated the development also has a conservation overlay which allows the density to be higher.  Mr. Gibson stated the density is only allowed to be higher if you actually exceed the 40% per the Ordinance and the proposed development is at 26% of open space.

Mr. Gibson stated he was informed by Cheri Matthews the state map indicates Lovejoy Road is an urban local street.

EXECUTIVE SESSION

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

(Executive Session was held.)

 

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

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

Chairman Harper recalled the rezoning for Lovejoy Meadows, LLC of Lovejoy, GA, RZ-04-36. 

Commissioner Mathis stated she would like to reiterate what she said the first time this case was heard by the Board.  Clayton County is not our standards, Henry County has its own set of standards, own Land Use Map, own road classifications and should not allow another county to dictate the type of development that goes in our county.  The road classification has been determined as a local road and not a state road and the width of the road is 17 feet and really does not meet the requirements of what a local road would currently meet under our standards.  This creates a public safety issue for residents that travel that road on a regular basis.

Commissioner Mathis made the motion to approve R-1 Conservation; all homes are to have brick stone or stucco front facades with the remaining three sides either brick, stone, stucco or hardiplank; all yards shall be fully sodded; and the minimum house size shall be a minimum of 1,700 square feet; Commissioner Stamey seconded.  The motion carried 3-2-0 with Commissioners Basler, Mathis and Stamey in favor and Commissioners Holder and Bowman opposed.  The following are the approved conditions:

1.     The development shall be a residential conservation subdivision.

2.     All homes are to have brick stone or stucco front facades with the remaining three sides either brick, stone, stucco or hardiplank.

3.     All yards shall be fully sodded.

4.     The minimum house size shall be a minimum of 1,700 square feet.

Chairman Harper asked if the Conditional Use and the Variance is needed.  Staff stated the Conditional Use was needed to approve a conservation subdivision.

Lovejoy Meadows, LLC of Lovejoy, GA; CU-07-14

Lovejoy Meadows, LLC of Lovejoy, GA requests a conditional use permit for property located at 28 Lovejoy Road.  The property is located in Land Lot 188 of the 6th District, consisting of 24.25+/- acres.  The request is for a residential conservation subdivision.

Commissioner Holder asked staff what road classification will be required for R-1 Conservation Subdivision.  Mr. Gibson stated there’s not a road classification requirement for an R-1 Conservation Subdivision.  Commissioner Holder stated a subdivision can be called an R-1 Conservation Subdivision and be located on any road classification and the road classification restriction can be eliminated.

Mr. Gibson stated the road classification requirement has nothing to do with a subdivision being a conservation subdivision it’s about the zoning district being requested, which is R-1 in this case. 

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

Commissioner Mathis made the motion to approve the conditional use for the R-1 Conservation Subdivision; Commissioner Stamey seconded.  The motion carried unanimously.

Chairman Harper announced the variance (VR-07-14) is not needed and will not be heard.

COUNTY MANAGER COMMENTS

          There were no comments.

COUNTY ATTORNEY COMMENTS

Annexation – City of McDonough

Annexation by the City of McDonough of approximately 91.44+/- acres, located on Turner Church Rd. @ SR 155, also known as Wade Farms Commons. The current zoning of the property within the County is RA (Residential Agricultural).  The proposed zoning per annexation is R-75* (*Note: overall single family residential detached lot count has been reduced from 165 to 154 which is approximately 1.77 dwelling units per acre.) and C-1 with variance(s).

          Patrick Jaugstetter, County Attorney stated the Service Delivery Agreements with the Cities contemplate that the County not object to any residential zonings less than 3.6 units per acre; this request is less.  The agreement authorizes an objection to a change from residential to commercial.

          Commissioner Stamey made the motion to object to the annexation of the Wade Farm Commons located on Turner Church Road @ Highway 155; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

          WHEREAS, the Board of Commissioners was notified of an annexation petition for property identified as Wade Farm Commons consisting of approximately 91.44 +/- acres located on Turner Church Road @ SR 155; and

          WHEREAS, the County has denied a rezoning in a nearby area due to concerns over density, ability to provide services, traffic volume and school overcrowding; and

          WHEREAS, the residential portion of this proposed rezoning provides for a very high density once wetlands, amenity areas and roads are set aside, which would not be beneficial to the county or city and which would further strain the abilities to provide services of each jurisdiction; and

          WHEREAS, the plat filed by the petitioner for annexation requests that the required road right of way be reduced from 60’ to 50 ‘ for new roads within the proposed development, and this request serves no legitimate purpose other than to increase buildable areas within which to get more lots; and

          WHEREAS, the plat filed by the Petitioner requests a variance to eliminate the 25’ impervious structure setback; and

          WHEREAS, the road upon which this development is proposed is only paved to its halfway point, which will result in an enormous traffic volume traveling upon a dirt road or that same traffic volume traveling the paved road toward SR 155 which has extremely limited site distance and no signalization; and

          WHEREAS, the proposed annexation contains a proposed rezoning to C-1 (Commercial), which is an improper zoning designation for this area of the county and which will create a problematic and dangerous traffic situation on SR 155 where the commercial designation will sit perilously close to a bridge overpass with limited sight distance; and

          WHEREAS, this annexation will have a direct impact financially on the county in that the roadway upon which it is to be built is a county roadway and state intersection; and

          WHEREAS, the annexation will negatively impact both jurisdictions ability to provide for water and infrastructure needs financially; and

          WHEREAS, the State of Georgia passed legislation designated as House Bill 2 to address problematic annexations, which has subsequently been signed into law by the Governor and codified in the Official Code of Georgia;

          NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County, Georgia, that is does hereby formally object to the annexation petition for the Wade Farm Commons subject to the provisions of O.C.G.A.§36-36-113.

A Declaration of Conservation Covenants and Restrictions on property located at Hillview Road

          When the Bethlehem Bridge was being constructed a limited amount of wetlands had to be disturbed under the jurisdiction of the Army Corps of Engineers.  Wetlands are allowed to be disturbed by obtaining the proper permits and the permits will require you to restore the wetlands, create new wetlands or buy wetland credits.  To satisfy the permit the County has acquired a parcel of property (known as the Hillview Road Property) and the proposal is to impose upon the subject property restrictive covenants.  The restrictive covenants will prohibit any productive use of the property and take action to restore wetlands on the property. 

          Commissioner Mathis made the motion to approve the resolution and authorize the Chairman to sign the necessary documents; Commissioner Bowman seconded.  The motion carried unanimously.

Resolution regarding the Interstate 75 / Jodeco Road Projects

          Chairman Harper stated it had been brought to his attention that the State has now indicated that as far as road improvements in Henry County, the State is in the process of prioritizing the project list and the County has a choice of either widening Interstate 75 (southbound from I-675 to Highway 155 and northbound) or the Jodeco Bridge widening.  After consulting with Dana Lemon, Georgia Department of Transportation and J. T. Williams, GRTA and both GaDOT and GRTA have indicated that Henry County had to decide which project will be done on the short term and which project on the long term.  There was a request for the Board’s opinion on the projects.

          Staff stated the auxiliary lanes proposed for the widening of I-75 will be managed lanes.  They are not additional lanes; they will be HOV type, or a truck lane or some type of pay lane.  Currently in the draft TIP that will be forwarded to the ARC Board in September, the I-75/ Jodeco Bridge Project was originally scheduled for open in 2012.  Once the resolution supporting the Jodeco Road Bridge was passed by the Board, the project was moved up with a construction year of 2009 and an opening year of 2011.  There are two tentative projects on the draft Regional Transportation Plan which are managed lanes along I-75 with an open year of 2020 and 2030.  It is not indicated that funding is available for the current 2008-2013 TIP which means if the projects are moved up it may not be seen until 2014.

          After discussion by the Board, Chairman Harper announced discussion regarding this agenda item will be continued after Executive Session.

Approval of Minutes

          Commissioner Mathis stated on page 14 of the June 18th minutes there’s a resolution regarding a utility permit to be issued to the Hampton-Luella Academy.  After discussion with Terry McMickle, because a fee is not being charged a resolution is not needed and need to be taken out of the minutes.

          Chairman Harper stated if a resolution was not adopted it can be stricken but if a resolution was adopted it would have to be rescinded and instructed staff to research the matter.

          Commissioner Holder made the motion to approve the June 18th minutes; Commissioner Bowman seconded.  The motion carried 4-0-1 with Commissioner Stamey abstaining.

          Commissioner Stamey made the motion to approve the June 19th minutes; Commissioner Mathis seconded.  The motion carried unanimously.

Public Comments

          There were no comments.

Upcoming Meetings

1.     Tuesday, July 17th @ 6:30 p.m., Regular BOC meeting.

2.     Thursday, July 26th @ 6:30 p.m. a Meeting with the Board of Education at the Henry County Administration Building.

3.     Monday, August 6th @ 9:00 a.m. and Tuesday, August 7th @ 9:00 a.m., Regular BOC meetings

4.     Monday, August 20th @ 9:00 a.m. and Tuesday, August 21st @ 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 Basler seconded.  The motion carried unanimously.

(Executive Session was held.)

 

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

Commissioner Holder made the motion to approve the affidavit and resolution pertaining to executive session; Commissioner Mathis seconded.

          Chairman Harper announced that the item previously discussed regarding the widening of Interstate 75 and the widening of the Jodeco Road Bridge will be tabled.

          Commissioner Mathis made the motion to amend the agenda out of public necessity to add and authorize the acquisition of 6 +/- acres in Land Lot 209 of the 2nd District of Henry County, located on Hampton-Locust Grove Road and authorize the County Attorney to sign the closing documents; Commissioner Bowman seconded.  The motion carried unanimously.

          Commissioner Holder made the motion to amend the agenda out of public necessity to add and approve a purchase agreement for the Cottonfield’s property to the Henry County Development Authority and authorize the Chairman to sign the necessary documents; Commissioner Mathis seconded.  The motion carried unanimously.

          Commissioner Bowman made the motion to amend the agenda out of public necessity to add and approve the allowance of the Henry County Soccer Association to resume the use of the soccer field’s and soccer complex two days prior to the scheduled date; which would be July 30th; Commissioner Stamey seconded.  The motion carried unanimously.

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

 

                                                                             Jason T. Harper, Chairman

 

Shay Mathis, County Clerk