The Henry County
Board of Commissioners held a Regular Public Meeting at 6:30 p.m. on Tuesday,
July 21, 2009, in the Community Room,
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; Mike O’Quinn, Visiting Attorney; Phyllis Shrader, Interim County Manager; Michael Sabine, Assistant County Manager; Mike Bush, Finance Director; Terry McMickle, Public Works Division Director; Michael Harris, Planning & Zoning Services Division Director; and others.
(NOTE: Audio of this
meeting is available with the
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 Jeffares seconded. The motion carried 5-0-0.
Chairman Mathis announced the following agenda item would not be heard at this meeting:
A public hearing for the purpose of a request to modify zoning conditions (MC-09-02) by Eddie Walker of McDonough, GA for property located on Homestead Road in Land Lot 122 and 135 of the 12th District (Creekside Park Subdivision). The property is located within Commission District 5.
The Board presented Mr. Ted Strickland with the following proclamation:
WHEREAS, Frank “Ted” Strickland has provided nearly six decades of dedicated public service, beginning with the United States Army, in which he served his country for two years; and
WHEREAS, He then dedicated more than 30
years of his life inspiring and educating children as a teacher, coach,
principle and as Henry County’s School
WHEREAS, Throughout his career, Mr. Strickland’s civic involvement as a member of the Henry County Chamber of Commerce, the Georgia Municipal Association, and the Henry County Board of Health, among others, has helped make a difference in our community by improving our understanding of the community’s needs so that we can better address the challenges our citizens and businesses are facing; and
WHEREAS, As the City Manager of Stockbridge since 1990, Ted Strickland has demonstrated a solid commitment to planning for future growth, including such projects as the design and construction of several community parks, a wastewater treatment plant and environmentally-friendly bio-solids program, along with the construction of the Merle Manders Conference Center, City of Stockbridge Library and the Stockbridge Tag Office, as well as other ongoing projects that have ensured citizens a balanced community in which they can be proud to live;
NOW, THEREFORE BE IT PROCLAIMED that the Henry County Board of Commissioners expresses its appreciation to Frank “Ted” Strickland for 57 years of exceptional public service to both his country and this community through the army, our schools, civic involvement and as City Manager for the City of Stockbridge.
local funds for the
Romero, SPLOST Transportation presented the agenda item to the Board. The
Commissioner Basler made the motion to approve the resolution to verify the funds; Commissioner Bowman seconded. The motion carried 5-0-0 approving the following resolution:
WHEREAS, pursuant to the provisions of Code Section 36-10-01, all contracts entered into by the County governing authority must be in writing and entered into on its minutes; and
WHEREAS, under the provisions of Code Section 32-4-62 of the Official Code of Georgia Annotated, the County may enter into a contract with the Department for work on any public road system of Georgia; and
WHEREAS, the contract between the County and the Department which provides for certain financial assistance and imposes certain duties upon the County including but not limited to the requirement that the County provide for its local share of the project costs; and
WHEREAS, the County has identified sufficient resources to complete the Scope of Work for this project and to make all payments not covered by the Federal and/or State funds.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY THAT:
1. The Chief Executive Officer of the Henry County Board of Commissioners is authorized to execute the contract on behalf of the Henry County Board of Commissioners with the Department for the construction and all other activities incidental thereto as those provisions are set for in the contract with the Department.
Executive Officer of the
The undersigned duly qualified and acting as Chief Executive Officer of
The following is a true and correct financial plan for the local participation of the project costs.
It is understood and agreed that the total estimated construction cost
of the Old Conyers Road / Flat Rock Road Intersection Improvement Project, PI
number 343500 is Nine Hundred Eight Nine Thousand, Ninety Five Dollars and
Forty Cents ($989,095.40). The total
federal contribution for this Project is Seven Hundred Ninety One Thousand, Two
Hundred Seventy Six Dollars and Thirty Two Cents ($791,276.32) which is the
total State contribution to the project and is the maximum amount of the
Department’s obligation. Henry County shall
be solely responsible for One Hundred Ninety Seven, Eight Hundred Nineteen
Dollars and Eight Cents ($197,819.08) and all amounts in excess of such amount
being payable thru the one cent Special Purpose Local Option
Romero, SPLOST Transportation presented the agenda item to the Board. The agreement states that
Commissioner Bowman made the motion to approve the construction contract with Georgia DOT; Commissioner Basler seconded. The motion carried 5-0-0 approving the following resolution:
WHEREAS, Henry County agrees to abide by all state and/or federal regulations, rules, laws, and guidelines during construction on the intersection improvement of Old Conyers Road @ Flat Rock Road; and
WHEREAS, the low bid construction cost of the project is $989,095.40; and
WHEREAS, the total cost of the project to be financed under the Federal Surface Transportation Program (STP) Funds is $791,276.32, which is the total state contribution to the project and is the maximum amount of the Department’s obligation; and
any amount above and beyond the $791,276.32 will be funded within the SPLOST II
THEREFORE, BE IT RESOLVED, the
Ray Gibson, Director of
Planning and Zoning presented the agenda item to the Board. The request is to rezone from C-1
(Neighborhood Commercial) and RA (Residential – Agricultural) to C-2 (General
Commercial) for property located on the northeast corner of
The Current Future Land Use Map designates the 2.7 acre parcel for commercial and service uses and the 1.3 acre parcel for low density residential land uses. The Proposed Land Use Map 2030 designates the subject property for commercial and service uses which is in compliance with the request to rezone.
Kirk Buttle, represented the applicant for the rezoning request. For clarification the original request was for C-2 (General Commercial) zoning and the applicant is in agreement with the C-1 (Neighborhood Commercial) zoning. Currently there are no plans for the 1.3 acre site. The plans are to develop that with the Aldi building and market it for a use.
Chairman Mathis called for public comments from anyone speaking in opposition of the request; there was no response.
Chairman Mathis called for public comments from anyone speaking in favor of the request; there was no response.
Commissioner Stamey stated there were concerns with the lighting and the lighting will be downcast except for the security lighting which would come on two hours after the store closed. Another concern was the buffer zones, the new condition states that there will be a 20’ undisturbed buffer around the perimeter of the property that abuts residential area. Beyond the 20’ undisturbed buffer there will also be a 6’ fence installed. Beyond the 6’ fence there will be a vegetated buffer.
Commissioner Stamey made the motion to approve a C-1 (Neighborhood Commercial) zoning with the nine conditions presented; Commissioner Holder seconded. The motion carried 5-0-0 approving the following resolution:
WHEREAS, Aldi, Incorporated of Duluth, Georgia (RZ-09-02) requested a rezoning from RA (Residential-Agricultural) and C-1 (Neighborhood Commercial) to C-2 (General Commercial) for property is located 398 Jonesboro Road (Parcel ID Numbers 091-01-020-002 and 091A-02-001-003) in Land Lot 126 of the 7th District, consisting of 3.99 +/- acres; and
WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and
WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and
WHEREAS, the Henry County Zoning Advisory Board reviewed and recommended denial of the C-2 request and approval of C-1 on April 9, 2009;
WHEREAS, the Henry County Zoning Advisory Board reheard this item and recommended denial of the C-2 request and approval of C-1 on July 9, 2009;
NOW, THEREFORE, BE IT RESOLVED THAT the
1. Any curb-cut onto
2. Acceleration/deceleration lanes shall be required meeting the approval of GDOT and the Henry County Department of Transportation (HCDOT).
3. The curb cut on
4. Any new buildings shall be constructed of brick, stone, stucco, glass or any combination thereof.
5. Dumpster(s) shall be placed on a concrete pad and enclosed on three (3) sides. The enclosure shall be constructed of brick, stone, stucco or any combination thereof provided it is consistent with the primary structure, and shall not exceed eight feet (8) in height.
6. An exterior lighting plan shall require all lighting to be of moderate brightness and consist of downcast lighting. All lighting fixtures in the parking area shall be box-style, fitted with non-glare lenses and with cut-off shield to prevent light from extending beyond the limits of the property. A photometric study will be required.
7. A landscape plan exceeding the minimum
requirements of the Ordinance shall be submitted to the Development Plan Review
Department for approval at the preliminary plan review stage. A coated chain
link fence that is a minimum of six feet (6’) in height will be required along
the edge of the undisturbed buffer area adjacent to residentially zoned property
(setback twenty feet (20’) from the property line as illustrated on the site
plan dated May 5, 2009 and prepared by LAI Engineering). The required
undisturbed buffer area of twenty feet (20’) shall consist of two rows of
8. Primary ground signage shall consist of a monument-based sign that is consistent in design with the primary structure, constructed of brick, stone, stucco, or any combination thereof, shall not exceed fifteen (15) feet in height. Only one sign shall be permitted for the site and should include all tenants and should be no taller than fifteen (15) feet in height. Use of flags, banners or other type of garland-type displays shall be prohibited.
9. 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.
Authorization to install a storm line at the site of the parking deck
Sabine, Assistant County Manager presented the agenda item to the Board. Information was received from Panattoni
Construction that they would be able to provide the installation of a storm
line for regional stormwater drainage and the disposition from the parking deck
site as well as the basin in the area of Hood and Lawrenceville Streets. The proposal would be in conjunction with the
Mathis asked if the visiting attorney Mike O’Quinn had a chance to review the
agenda item. Mr. O’Quinn stated the
resolution seems to be in proper form but it would be best to also have an
intergovernmental agreement with the City on this item. The resolution should state that it’s subject
to the execution of a contract with the City.
Mr. Sabine stated the resolution as stated says subject to the
participation of the City of
Mathis asked if the item is approved, when the project would begin. Mr. Sabine
stated it is his understanding that the City of
Bowman and the motion to approve the
request and adding subject to the approval of an Intergovernmental Agreement
with the City of
WHEREAS, the Board of Commissioners is the custodian of county facilities and of the county treasury; AND
WHEREAS, the qualified voters of Henry County approved the re-imposition of the one-cent Special Purpose Local Option Sales Tax (SPLOST III) on November 6, 2007; AND
parking deck to serve the
WHEREAS, the Board of Commissioners previously awarded a Request for Proposal/RFP to Panattoni Construction LLC for design and construction of a parking deck; AND
WHEREAS, work is required in conjunction with construction of the parking deck to address storm drainage/storm line requirements; AND
WHEREAS, the Board of Commissioners has been advised of an opportunity to partner with the City of McDonough to address basin-wide drainage issues in the vicinity of the parking deck; AND
WHEREAS, the attached proposal from Panattoni (PCO #4) provides a cost-effective approach to addressing storm-line issues with the parking deck project as well as in the overall basin that the parking deck is located.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Henry
County that the Board hereby approves Proposed Change Order Number Four (PCO#4)
and authorized the Chairman to execute all documents to effect the specified
work pertaining to storm line improvements at the site of the parking deck.
This resolution is approved subject to the execution of an Intergovernmental
Agreement with the City of
BE IT FURTHER RESOLVED by the Board of Commissioners that
understanding of the Board is that its participation in the storm line
installation (aforementioned PCO #4) shall be $148,896.50 (one hundred
forty-eight thousand eight-hundred ninety-six dollars and fifty cents); this
county participation in the storm line installation shall be funded by SPLOST III
parking deck funds. The balance of the cost of the storm line installation
(remaining $148,896.50) shall be obligated by the City of McDonough in
recognition that the specified work (aforementioned PCO #4) is a basin-wide
project benefiting both the parking deck site and the overall basin located
within the City of McDonough. Upon completion of the aforementioned work,
County Manager Comments
There were no comments.
There were no comments.
There were no comments.
1. Monday, August 3rd at 9:00 a.m. and Tuesday, August 4th at 9:00 a.m. Regular Board Meetings.
2. Monday, August 17th at 9:00 a.m. and Tuesday, August 18th at 6:30 p.m. Regular Board Meetings.
Commissioner Stamey made the motion to adjourn; Commissioner Jeffares seconded. The motion carried 5-0-0.