STATE OF GEORGIA

 

COUNTY OF HENRY

 

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, 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 “BJ” 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; 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 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 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.

Proclamation

            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
Superintendent; and

 

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.

Verification of local funds for the Old Conyers Road at Flat Rock Road Intersection Improvement Project

            Roque Romero, SPLOST Transportation presented the agenda item to the Board.  The Old Conyers Road at Flat Rock Road Intersection Improvement Project is a SPLOST II project.  At the July 6th meeting the Board approved the transmittal of the recommendation of the low bidder to the Georgia Department of Transportation (GDOT).  GDOT has approved the low bidder and has provided a resolution to verify funds and also a construction contract between Henry County and GDOT.  GDOT has requested that counties, through Board action, verify that local funds are available for the project before GDOT will release the funds.  The local funding that is required is in the amount of $197,819.08.

            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.

2.      The Chief Executive Officer of the Henry County Board of Commissioners is authorized to furnish any and all additional information that may be required by the Department in connection with the project and the budget for the project.

The undersigned duly qualified and acting as Chief Executive Officer of the Henry County Board of Commissioners certifies the following:

The Henry County Board of Commissioners has identified sufficient resources to complete the Scope of Work for this Project and shall make all payments not covered by the federal/state funding contributions.

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 Sale Tax.  All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

Agreement with the Georgia Department of Transportation for the Old Conyers Road at Flat Rock Road intersection improvement project

            Roque Romero, SPLOST Transportation presented the agenda item to the Board.  The agreement states that Henry County agrees to abide by all State and/or Federal regulations, rules, laws, and guidelines during construction on the intersection improvement.

            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, Old Conyers Road @ Flat Rock is a SPLOST II Transportation project; and

            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

            WHEREAS, any amount above and beyond the $791,276.32 will be funded within the SPLOST II Old Conyers Road @ Flat Rock Road project account.

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners approves entering into an agreement for an intersection improvement project with Georgia Department of Transportation and authorizes the Chairman of the Board to sign all necessary documents for the contract.

Aldi, Inc. of Duluth, GA – RZ-09-02

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 Dailey Mill Road and Jonesboro Road in Land Lot 126 of the 7th District.  The request is for retail and restaurant uses. The Zoning Advisory Board recommended denial of C-2 and approval of C-1 with conditions. The subject property is approximately four (4) acres and consists of two (2) separate parcels.  The main parcel, which is 2.7 acres and is where the Aldi store will be located, was zoned in 1996 to C-1 (Neighborhood Commercial) with six (6) conditions of zoning.  The other parcel, which is 1.3 acres, is currently zoned RA (Residential – Agricultural) and has a vacant single family dwelling located on it.  The conceptual site plan illustrates a 16,854 square foot Aldi Grocery store, a 10,400 square foot commercial retail strip plaza and two access locations (one from Dailey’s Mill Road and one from Jonesboro Road).  The proposed commercial retail building is currently speculative; the applicant did not share what would be located on the subject property. 

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 Henry County Board of Commissioners denies the above rezoning request for C-2 and approves a rezoning to C-1 with the following nine (9) conditions:

1.      Any curb-cut onto Jonesboro Road shall meet Georgia Department of Transportation (GDOT) requirements and shall not allow any turning movements more than right-in/right-out.

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 Dailey Mill Road shall be located such that the minimum intersection sight distance is met per the posted speed limit of the road. The curb cut shall be located a minimum distance of 230 feet from Jonesboro Road as determined by HCDOT.

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 Leyland Cypress or American Holly screening trees staggered ten foot (10’) on center. Existing screening trees can be utilized within the buffer area.

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

            Michael 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 City of McDonough.  The proposal for the storm line work will include 50% participation for the installation work on the part of the City of McDonough and they have also agreed to pay $21,000 towards the engineering cost that were involved in the design of the proposal.  The cost of the storm line installation is $297,793.  Proposed allocation of costs of the storm line installation is $148,896.50 for Henry County and $148,896.50 for the City of McDonough with the additional cost towards the engineering costs.  Written confirmation was received from the City Administrator that the City certifies its participation and confirmed the amounts relative to the City of McDonough.

            Chairman 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 McDonough and he would be happy to incorporate that this be formalized by an intergovernmental agreement.

            Chairman Mathis asked if the item is approved, when the project would begin. Mr. Sabine stated it is his understanding that the City of McDonough has approved the storm drain plans within the last five to seven days.  With all necessary approvals Panattoni can break ground within the next couple of weeks.

            Commissioner Bowman and the motion to approve the request and adding subject to the approval of an Intergovernmental Agreement with the City of McDonough; Commissioner Holder seconded.  The motion carried 5-0-0 approving the following resolution:

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

WHEREAS,   a parking deck to serve the Courthouse & Judicial Center Complex is a SPLOST III project; AND

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 City of McDonough, through the person of the City Administrator of McDonough, has advised of this willingness to participate with respect to the storm line installation; 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 McDonough (Exhibit A).

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, Henry County shall invoice the City for their aforementioned share of storm line installation costs and associated pro-rata engineering costs incurred.

County Manager Comments

            There were no comments.

County Attorney Comments

            There were no comments.

Public Comments

            There were no comments.

Upcoming Meetings

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.

Adjournment

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