STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Public Meeting at 6:30 p.m. on Tuesday, August 21, 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; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant County Manager; Jim Luebbering, Building and Development Services; and others.

 

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

 

Chairman Harper called the meeting to order and announced the following items would not be heard:

Madison Park, LLC of Fayetteville, GA; RZ-07-09; Commissioner Bowman,      District 4,(Presenter: Stacey Jordan, Chief Planner)(Exhibit #10)

Madison Park, LLC of Fayetteville, GA requests a rezoning from RA (Residential-Agricultural) & PD (Planned Development) to PD (Planned Development) for property located on the east side of Flippen Road, north of Avian Forest Drive.  The property is located in Land Lot 5 of the 12th District, consisting of 19.8+/- acres.  The request is for the development of a Mixed Use Planned Development.  The Zoning Advisory Board recommended Denial July 12, 2007.

Kelleytown Road, LLC of Stockbridge, GA; RZ-07-15, Commissioner Basler, District 5 (Presenter:  Stacey Jordan, Chief Planner) (Exhibit #12)

Kelleytown Road, LLC of Stockbridge, GA requests a rezoning from RA (Residential-Agricultural) to R-2 (Single-Family Residence) for property located on the south side of Kelleytown Road, west of Pleasant Grove Road.  The property is located in Land Lot 72 of the 11th District, consisting of 88.350+/- acres.  The request is for the development of a residential subdivision.  The Zoning Advisory Board recommended Denial July 12, 2007.

Butch Springer of Hampton, GA; RZ-07-12; Commissioner Mathis, District 2, (Presenter: Ray Gibson, Director) (Exhibit #11)

Butch Springer of Hampton, GA requests a rezoning from RA (Residential-Agricultural) to R-2 (Single-Family Residence) for property located at 285 Fields Road.  The property is located in Land Lot 172 of the 6th District, consisting of 33.45+/- acres.  The request is for the development of a residential subdivision.  The Zoning Advisory Board recommended Denial June 28, 2007.     

 

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

PRESENTATIONS

Ms. Kay Pippin, President of the Henry County Chamber of Commerce requests to appear before the Board to present the Henry County Convention & Visitors Bureau Annual Report.

          Ms. Pippin stated at least once a year the Chamber presents to the Board highlights of things going on with the Convention & Visitors Bureau (CVB) and to thank the Board for participating in the program.

          State Law says that the Board has the right to levy a “Bed Tax” that can be levied up to 5%.  At least 40% of the revenues to be spent have to be collected through a non-profit agency set up for the purpose of the promotion of tourism in the community.  The County and three (3) of the four (4) municipalities have elected to do this through the Convention & Visitors Bureau at the Chamber of Commerce. 

          Highlights of what’s going on with the CVB and how the “Bed Tax” is being spent:

·        Currently hosting over 20,000 people a year in the lobby at the Chamber of Commerce and between 2,000 to 3,000 phone calls per year.

·        One of 90 Four Star Chambers of Commerce in America.  This year the lobby of the Welcome Center was designated a Regional Visitors Center by the State of Georgia. 

·        Currently leasing five (5) billboards along Interstate 75.  Two local restaurants, two county hotels and Tanger Outlet Center are partnering with the CVB on the billboards.

·        Sponsored bi-annual Tourism Academy, a free program designed to develop a well-trained workforce in the hospitality and service industries.

·        $10,000 was given to the Henry County Parks & Recreation for hosting and recruiting sports tournaments.  In 2007 over 20 large tournaments will be played in Henry County resulting in an economic impact of approximately $22 million.

·        The CVB will again host tournament directors during the fall race at Atlanta Motor Speedway.  The directors will be treated to Henry County hospitality at its finest including a tour of the county’s ballparks, meals at local restaurants and enjoying the Pep Boys Auto 500 from Club One.  Last year’s familiarization tour for tournament directors was very successful and new tournaments were scheduled in Henry County following the event.

·        Hosting the Third Annual Toast to Tourism on September 27th at Atlanta Motor Speedway’s Club One. 

·        The CVB sponsored the First Annual Falling for Henry Fine Arts Festival last October in Stockbridge.  Forty-two artists from thirteen states exhibited and over 1,500 visitors attended.  As one of the festival’s many benefits to the community, the booking of over 100 hotel rooms was a direct economic indicator of the festival’s value.  The second annual festival is scheduled for October 13-14, 2007 on the grounds of Eagle’s Landing Country Club.

·        A Bar-B-Que Festival and Cook-Off is being planned.  On April 18th and 19th 2008 the first festival will be held at Nash Farms and will be held in conjunction with the Simply Southern Jubilee. 

The CVB funds are completely separated form the Chamber funds; two separate bank accounts and two separate accounting systems.  They are audited by an outside audit firm on an annual basis. 

Mr. Jim Burett of the Livable Communities Coalition requests to appear before the Board regarding Smart Growth possibilities in Henry County

          The Henry Council for Quality Growth requested that Mr. Burett speak with the Board regarding Smart Growth.  Mr. Burett stated Henry County is at a very important point in its history with the growth and development that is occurring here and through-out the metropolitan region.  The purpose of his presentation is to explain from the Livable Community Coalition just what smart growth is and why it should be relevant in the future.  Some people say that smart growth is some kind of social engineering, fad or a liberal agenda to tell people what they can do with their land or property.  None of this is the case, smart growth is a prudent approach to growth and development when you consider the demographic changes that are occurring in the region and the country and the global challenges that we face. 

          When communities choose smart growth strategies they can create new neighborhoods and maintain existing ones that are attractive, convenient, safe and healthy.  They can foster design that encourages social, civic and physical activity.  They can protect the environment while stimulating economic growth.  Most of all they can create more choices for resident’s workers, visitors, children, families, singles and senior citizens.  When communities do this kind of planning, they preserve the best of their past while creating a bright future for generations to come.

          Some of the generally accepted principles of smart growth:

1.        Mix Land Uses – If land uses are mixed in appropriate places and in appropriate ways, you can solve some of the problems with traffic congestion.

2.        Provide a variety of transportation choices and provide maximum connectivity between those choices – making communities and centers walk-able.  Think about the future of transit and whether the communities will be able to take advantage of the opportunities.

3.        Take advantage of compact building design – This will reduce the footprint of the development on the land and create places that people enjoy being and able to put uses close together.

4.        Create a range of housing opportunities and choices - One thing that is being discovered throughout the country is there is a real problem with creating affordable housing for the workforce; especially close to where the jobs are.

5.        Create walk-able neighborhoods – Walk-able neighborhoods are not created by just making sure there is a sidewalk on the side of the road.  The sidewalk should be safe, attractive and there needs to be destinations along which the sidewalk exists.

6.        Foster distinctive, attractive communities with a strong sense of place – There should be something that says I have arrived at this place and it’s special; I can see what it is about this community that attracts people to it.

7.        Preserve open space (farm land, natural beauty and critical environmental areas) – There is an abundance of open space in the county now and the opportunity is there to protect this space by guiding growth in a smart way.

8.        Strengthen and direct development towards existing communities – Where there is existing infrastructure that can be capitalized on.

9.        Make development decisions predictable, fair and cost effective,

10.    Encourage community and stakeholder collaboration in development decisions.

Who is the Livable Communities Coalition and why are they speaking to the Board?  In 2003 and 2004 the Metro Atlanta Chamber brought together 45 representatives of the region, from State Government, Local Government, the Development Industry, Business, Non-Profits Groups, and Environmental Conservations.  The representatives were from the North, South, East, West and the Urban Core of the Metropolitan Atlanta.  The representatives came up with a set of recommendations that should be followed in the region if it is expected to be prosperous and be able to absorb the growth.  Livable Communities Coalition was created as an independent private 1-C3 organization to take the recommendations of the 45 representatives for the region and turn them into action.  The Coalition is made up of approximately 40 organizations and institutions.  The Coalition believes 1) high density and mixed use development should be encouraged where it makes sense in the county; 2) do a better job of marrying up the transportation plans and investments with appropriate land use so they work well together; 3) housing choice: more choices in terms of price, type of housing and tenure for sale or for rent; 4) better models for greenfield development converting the farms and forest into developed land.

Kensington Pointe Board of Directors requests to appear before the Board regarding concerns in their subdivision

          Mr. John Barton spoke on behalf of the residents of Kensington Pointe.  Some of the concerns of the residents:

1.     Negative response from the Henry County Police Department

2.     Speeding within the subdivision

3.     Enforcement of Codes towards homeowners that are not part of the Homeowners Association

4.     Parking of commercial vehicles in a residential area

5.     No electrical power for the entrance sign of the subdivision

6.     Unburied cable wire in the yards and roadway for an extended periods of time

7.     Resurfacing of the streets

8.     Who to contact regarding the issues within the subdivision.

Chairman Harper made a note of all the issues and concerns that Mr. Barton had and responded to each issue.  Chairman Harper gave Mr. Barton contact information if he had anymore concerns or issues and someone from the Board of Commissioners office would make sure their concerns were addressed.

Ms. Gwinder Childs requests to appear before the Board regarding an address change for property located on Upchurch Drive

          Ms. Childs stated she appeared before the Board approximately two months ago requesting that her address be changed to 254 Childs Drive.  At the previous meeting it was stated that Mr. Michael Harris, Planning & Zoning Division Director, would communicate with the residents at 254 Upchurch Drive regarding an address change.  The residents refused to change there address.  Ms. Childs stated her home is not easily found and Emergency Services could not find the home when a family member was ill. The request is to have the existing street sign changed to Childs Drive.  The home is not facing Upchurch Drive therefore Emergency Services would have difficulty finding the home.  Ms. Child’s request is to change her address to 275 Childs Drive.  At the previous meeting Ms. Child’s was told that the county could not accept the road, (in front of her home) it would have to brought to county standards.  Ms. Child’s stated she can not afford to bring the road up to county standards and she is not requesting that the road be paved.  She stated Upchurch Road is a county road and is being maintained by the county but has not been paved and no maintenance has been done to the road (Upchurch Drive) in approximately 20 to 25 years.

          Commissioner Stamey asked Mr. Harris if he had visited the subject property.  Mr. Harris stated he had on numerous occasions.  Commissioner Stamey stated there is an existing road sign that says Childs Road or Childs Lane; who installed the sign?  Mr. Harris stated Henry County DOT installed the sign a few years ago when dealing with Ms. Child’s father.  There were concerns with making sure Emergency Services would be able to locate Mr. Childs.  There is a letter dated in 2003 where Mr. Childs made a similar request asking for the road to be formally changed and at that time it was indicated that the road would have to be brought to up to county standards before it could become a county road.  It was also stated that Emergency Services would be notified to make sure they were aware of exactly where the home was and as a good will gesture a street sign was installed that said Childs Lane but the road is not a county road. 

          Mr. Harris stated there was a decision in 1984 and it was determined that the road functioned as a private drive and it would remain.  In 2003 there was another request and it was also determined that the road would remain as a private drive if the road could not be brought up to county standards.  According to the Tax Assessors staff an address can not be assigned on a road that is not a county road.  The original address of 254 was assigned to Mr. Childs in the 1940’s and sometime in the 1960’s it was also assigned to a family member across the street.  When Mr. Child’s home burned down and Ms. Child’s decided to build a new home, it gave the county the opportunity to correct the problem and that’s when Ms. Child’s was assigned 275.

          Ms. Child’s stated for Emergency Services purposes, she would not be able to be found easily; the home does not face Upchurch Drive. 

          Commissioner Stamey stated the road that Ms. Child’s refers to, the sign currently says Childs Lane and made the motion not to change the address but to change the existing sign to Childs Drive and to red flag the address for Emergency Services purposes; Commissioner Mathis seconded.  The motion carried unanimously.

 

PUBLIC WORKS

Partial Abandonment of a portion of Meadow Trail Road

          Terry McMickle, Public Works Division Director, presented the agenda item to the Board.  The request is to abandon a small strip in the middle of a road that connects two subdivisions.  The purpose is to install a gate and eliminate thru traffic between the two subdivisions; Pates Lake and Hampton Shores.

          Mr. McMickle stated he suggested the county could place something there that could be opened in the event of an emergency.  Chairman Harper asked if the Homeowner Association be responsible for installing a gate.  Mr. McMickle stated his opinion was to abandon the strip as a public road but retain the right-of-way so that the county owns the property.  It was requested by the HOA and staff brought the request for procedure purposes for making a request for abandonment. 

          Mr. McMickle stated he understood the Hampton Shores HOA wanted to disconnect the two subdivisions and his suggestion was to abandon a strip of the road as a public right-of-way and for emergency purposes to possible install a gate.  Mr. McMickle stated that normally a cul-da-sac would be installed when a section is abandon in this manner.

          Patrick Jaugstetter, County Attorney, stated there is a legal standard involved in abandoning a road.  Georgia Law lets you abandon a public right-of-way when you determine that there is no substantial public purpose served by it.  Typically that means the public no longer uses the road.  In order to abandon a road, there has to be that finding. 

          Mr. Terry McAfee, a resident at 603 Morgan Court and president of the Hampton Shores Homeowners Association represented the applicants for the request.  The concern arose initially when Hampton Shores was developed a number of years ago.  It was originally built with Meadow Trail not going thru and it was indicated at that time that it would not go thru and would not adjoin the Pates Lake subdivision.  Pates Lake was built years before with two entrances and Hampton Shores with one entrance.  From Jonesboro Road to Meadow Trail through Hampton Shores it is approximately 4/10’s of a mile.  It enables traffic into Pates Lake through Hampton Shores.  From Jonesboro Road to Meadow Trail through Pates Lake is approximately 4/10’s of a mile also but you have to travel two or three roads to get to Meadow Trail.  A lot of homeowners from Pates Lake and citizens who are visiting the subdivision will use Hampton Shores Drive.  On May 5th an incident happen to bring things to light as to why the Hampton Shores residents felt they needed to stand their ground on having just a 60 home subdivision.  On May 5th there was gun fire during the night and there was a party in the Pates Lake Subdivision.  It wasn’t the residents of Pates Lake but what ended up happening was through text messaging or whatever, a lot of cars lined up in Hampton Shores on both sides of the road and blocked some driveways and the police were called because of gunfire.  There were actually five calls to the police on May 5th because of gunfire.  The police came but no one was caught in the act.  There was racing, witnessed by a homeowner, going on along the road in the Hampton Shores subdivisions.  It became a very unsafe feeling for the homeowners in Hampton Shores that the subdivision with its straight road gives easy access for someone that maybe doesn’t live in Pates Lake but chooses to come to a party, utilize the Hampton Shores subdivision and puts the residents in harms way.  There have been problems with speeding in the past and that issue was resolved with being proactive with the Hampton Shores Homeowners but there is still speeding that takes place.  What was found is that a lot times the speeding comes from people (mostly teenagers) that are visiting other teenagers in the Pates Lake subdivision.  There were just some unsettling issues and with the incident that happened at the St. Ives apartments, they feel like in the Hampton Shores Subdivision it would be good to cul-de-sac the road.  They asked the Board to look at the request favorably for them.  There are not a lot of homes that would be affected by the request.  Some people from Pates Lake have said they are favorable of the request because they don’t like the idea of someone being able to back door their subdivision by coming thru a street that is not part of their subdivision.  It’s kind of unsettling when you see somebody come in but you don’t see them come out.  Mr. McAfee state we live in a different time than when he grew up and if someone was killed in the subdivision simple because the homeowners couldn’t  maintain the subdivision because there is a backdoor entrance, that would be hard to live with.  Meadow Trail serves no purpose to Pates Lake or Hampton Shores.  The only ones that use Hampton Shores Drive are the ones that want to take the straight of way and short cut getting back to their subdivision.  It is the Hampton Shores HOA’s desire that the Board would either install the gate to allow emergency services access or to install some type of barrier in place. 

          Commissioner Mathis commented that it was stated that the Meadow Trail had not always gone thru, what year was the road cut thru and who cut the road thru.  Mr. McAfee stated he was not sure who cut the road thru but he assumed it was the county.  Mr. McAfee stated he moved in his home in 1996 and the road was probably cut thru in 1999.

          Commissioner Mathis asked if there was a strip of land that separated the road and the county cut the road to go thru, who granted the right-of-way.  Chairman Harper stated generally the developer is responsible for putting in the roads and then the roads are granted to the county.  Mr. McMickle stated he did not recall the county every doing that; not saying they didn’t but it was probably done by the developer.

          Mr. McAfee stated this has created a serious issue and they are concerned with the speeding.  Flyers and letters have been sent to the Hampton Shores homeowners and there have been meetings informing the residents that they are being watched and if you speed in the subdivision they will talk to you about it and they have a good handle on that.  There are people that watch the cars go in and a lot of the cars are not the homeowners in Pates Lake but children or young adults that are visiting other people in Pates Lake and they fly down the road.  The biggest issue is they feel the road should have never gone thru but with the May 5th incident it’s time to make sure to bring the request to the Board.

          Chairman Harper asked if speed humps had been installed.  Mr. McAfee stated no.  They did consider speed humps but they found out after talking with people in the real estate industry, that it would depend on the individual buying the home as to whether they liked speed humps or not but it would not diminish the property value but may diminish the amount of people to come in to look at a home when it comes time to sell a home.  Secondly, after visiting two or three subdivisions that have speed humps, Mr. McAfee saw a lot of people that drove up to the hump, crossed it and nailed it to the next speed hump which is just as hazardous as driving fast.  If it was just the speeding issue then speed humps might be considered but it’s more than that.

          Chairman Harper stated his concern with the resolution presented is that if the Board approves the request two findings are required: 1) the property sought to be abandoned is no longer needed for public road purposes because of changed conditions and 2) the road has ceased to be used by the public.

          Commissioner Stamey asked if there was school bus service between the two subdivisions and if they utilized Meadow Trail.  Mr. McAfee stated there was school bus service in the area but was not aware if they used Meadow Trail.  Someone from the audience stated the road is used by school buses.  Commissioner Stamey asked if there was a petition or something signed with all 60 Hampton Shores Homeowners that could be verified that if the request was granted they wouldn’t be affected by it.  Mr. McAfee stated they didn’t have signatures from all 60 homeowners but at the homeowners association meeting they did have signatures for the ones at the meeting which were enough to approve it for them.

          Commissioner Mathis asked if the HOA prohibited on street parking.  Mr. McAfee stated yes.  Commissioner Mathis asked if the HOA prohibits on street parking can the police force them to move or issue tickets.  Mr. Jaugstetter stated this could not be done based on the HOA covenants.  If an Ordinance is adopted prohibiting on street parking in certain areas, the police can enforce the Ordinance. 

          Chairman Harper asked if notices of the hearing were sent to both subdivisions.  Mr. McMickle stated it was advertised but was not sure if Pates Lake HOA was notified.  Commissioner Mathis stated there was a sign posted on Meadow Trail.

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

          Renee Woods, a resident at 27 Meadow Trail spoke in opposition.  Ms. Woods stated she received a certified letter from Ludy McIntyre, DOT Right-Of-Way Coordinator.  The party that Mr. McAfee talked about took place at Ms. Woods home; it was a graduation party for her son.  There was traffic on Meadow Trail and the police did come out twice after receiving phone calls that residents couldn’t get in and out of the subdivision.  It took the police two tries to come to the home because he couldn’t hear the music.  The party ended at 10:30 p.m. because there was a fight.  There was gunfire after the party ended and the police were called.  Ms. Woods stated she has lived on Meadow Trail for 2 ˝ years.  It was stated that Meadow Trail serves no purpose but there are homeowners from Hampton Shores that walk along Meadow Trail almost every morning.  Regarding the speeding, how can they be so sure the speeding is from Pates Lakes?  Ms. Woods stated she is saddened that they would like to abandon the street; as homeowners and taxpayers is the road not a public road?   

          Charles Hicks, a resident at 21 Meadow Trail spoke in opposition.  Mr. Hicks stated he moved to the area six years ago.  One thing that attracted him to his home was that there were several entrances to his home.  He stated he would appreciate it if the Board did not abandon the road.  The party traffic was right outside his home and he stated he went to sleep and they didn’t bother him at all.  Mr. Hicks stated he would just like to get in and out of his home and for his child to be able to catch the bus.

          Commissioner Mathis stated this is one reason she is not a proponent of inter-connectivity between two neighborhoods.  While being sympathetic to homeowners of Hampton Shores, it is felt that the Board can not legally abandon a public road.  Commissioner Mathis made the motion to deny the request to abandon a portion of Meadow Trail and staff is asked to meet with the homeowners of Hampton Shores and look at ways to deal with the issues of speeding; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Hampton Shores Homeowners Association, Inc. has filed with the Board of Commissioners of Henry County, a Petition for Partial Abandonment of a portion of a public road known as Meadow Trail , located in Land Lots 89 of the 6th  District of Henry County, Georgia; and 

 

WHEREAS, that portion of said road sought to be abandoned is shown on a plat which is attached to the said Petition, marked Exhibits “A”, and

 

WHEREAS, after due considerations, it appears that the property sought to be abandoned is no longer needed for public road purposes because of changed conditions and because it has ceased to be used by the public to the extent that no substantial public purpose is served by it, and it further appears to be in the best interest of all concerned as well as in the best interest of the public and Henry County, Georgia, to abandon that portion of Meadow Trail  ought to be abandoned by the aforesaid Petitioners;

 

NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County, Georgia, at its public meeting duly assembled, that the request is denied to abandon a portion of Meadow Trail.

 

Petition for a road name change

          Terry McMickle, Public Works Division Director, presented the agenda item to the Board.  There is a road named No Name Road that was originally a dirt road and several years ago the general public used the road and the road was paved and named No Name Road.  A request was made to rename the road to Clary Road.  There are no addresses along the road so there would not have to be any address changes.

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

          Commissioner Bowman made the motion to approve the request to change the name of the road to Clary Road; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS,­­­­­­­­­­­­­­­­­­­­­­­­­­­ Henry County Department of Transportation, has filed with the Board of Commissioners of Henry County, Georgia, a Petition for Road Name Change of a public road known as No Name Road  located in Land Lot, 96 of the 12th District of Henry County, Georgia; and

         

          WHEREAS, that portion of said road sought to be renamed is shown on a map which is attached to the said Petition, marked exhibit “A”, and

 

          WHEREAS, from time to time it becomes apparent to the Board of Commissioners that it would be advantageous to property owners along the road, and to Henry County to change the names of certain roads, and to Henry County to change the names of certain roads, and it further appears to be in the best interest of all concerned as well as in the best interest of the public and Henry County, Georgia, to rename No Name Road as sought by the aforesaid Petitioners;

 

          NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County, Georgia, at its public meeting duly assembled, that No Name Road shown marked on a map which is attached hereto marked Exhibit “A”, and by reference made apart hereof, and a copy of which is on file in the office of this Board, be, and same is hereby changed to Clary Road.  Said road beginning at Old Conyers Road and extending to Flat Rock Road

Authorization of additional repairs to the RoadTec asphalt milling machine

          Terry McMickle, Public Works Division Director, presented the agenda item to the Board.  On August 6th there was a request to award a bid to Roadtec, Inc. to repair the asphalt milling machine.  After further inspections of the milling machine other repairs were needed.  Staff reviewed the need for additional repairs and agreed it was the appropriate time to make the repairs.  The total for the repairs total $23,411.32.

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

WHEREAS, a resolution was approved at the August 6, 2007 Board of Commissioners meeting awarding the bid to repair the Department of Transportation’s asphalt milling machine to Roadtec, Inc.; and,

 

          WHEREAS, upon inspection of the milling machine further repairs are warranted, for a total of $23,411.32 which is above the original bid amount of $29,429.80; and,

 

          WHEREAS, funds are available in the Department of Transportation budget to complete these repairs

 

          NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County approve Roadtec, Inc. to complete further repairs needed on the Department of Transportation’s Roadtec asphalt milling machine for an additional $23,411.32.

Discussion regarding the McDonough Municipal Building Lease

          Chairman Harper stated the City of McDonough acquired the old church building (Wesley Chapel United Methodist Church) to operate as their Municipal Court facility.  The building needed to be renovated.  After the dedication of the judicial center the State Court moved leaving the State Court building vacant.  The City of McDonough made a request to use the building and it was approved for them to move in temporarily so that the church could be renovated into a Municipal Court Complex. 

          Vice-Chairman Adams (in the absences of Chairman Harper) executed a lease on October 16, 2006 for twelve months which would expire on October 16, 2007 with the County having the authority to extend the lease up to five (5) additional months.  With less than two (2) months away from the expiration of the lease, the county has been discussing plans for the building.  The City was notified by letter that it was the County’s intentions to move functions back into the building.  A formal response has not been received from the City of McDonough but it appears, according to the County Clerk that there is no record of the City of McDonough every approving a resolution to enter into a lease agreement with the County nor did they authorize the Mayor to execute the lease.  The resolution presented rescinds resolution 06-310 which authorized the lease agreement and deems the city to be month to month tenants and authorizes the Chairman to enter into dialogue with the Mayor of McDonough over the occupancy of the building to hopefully come up with a date certain that they will be vacating the facility and authorize the Chairman to determine a date certain for the city to vacate the premises which shall not be beyond March 16, 2008. 

          Rob Magnaghi, County Manager, stated he received a call from the City Manager and he stated he was aware this issue would come before the Board and they are trying diligently to come up with a plan to get back into the other building as soon as possible.

          Chairman Harper stated it is the Board’s intentions to work with the City of McDonough.  The only problem is that it’s been ten (10) months and it is not known if there has been any progress on moving into another municipal court facility.  The agreement gives them up to seven (7) more months.  There needs to be a deadline in fairness to them so they will know when they need to vacate and in fairness to the county because there are uses for the building.  There are county departments that are in need of space. 

          Commissioner Holder stated there has been a communication problem between the Board and the City Council.  He had a visit from two (2) Councilmember’s regarding the agreement and them not being aware that they had to vacate the building.

          Commissioner Mathis stated when this was initially brought to the Board she was a little hesitant to agree because she felt the facilities belong to Henry County as a whole and  will the favor be given to the other cities.  She stated she would be in favor of entering into dialogue with the Mayor so that there can be a time frame for the city to vacate the building.

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

          WHEREAS, the Henry County Board of Commissioners extended the offer to contract with the City of McDonough for the city to lease the county’s former State Court building on Atlanta Street to house Municipal Court so that the city could renovate its existing court facility; and

          WHEREAS, the lease agreement was executed by the County on October 16, 2006; and

          WHEREAS, no record exists of the City of McDonough having ratified the agreement, nor of it authorizing the mayor to execute the agreement on the City’s behalf; and

          WHEREAS, the City of McDonough took possession and currently occupies the space offered for lease; and

          WHEREAS, the term of the lease would expire on October 16, 2007, with the option existing of extending the lease up to five (5) additional months with the county’s approval; and

          WHEREAS, the Henry County Board of Commissioners is in need of additional office space for existing government services

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

1)         Resolution 06-310 authorizing the lease agreement with the City of McDonough is hereby rescinded;

2)         The city shall be deemed to be month to month tenants of the property located on Atlanta Street;

3)         The Chairman of the Board of Commissioners is authorized to enter into dialogue with the Mayor of McDonough over the city’s occupancy of the building; and

4)         The Chairman of the Board of Commissioners shall take into consideration the space needs of the County Government and shall determine date certain for the City to vacate the premises, which shall in no event be beyond March 16, 2008, without the express approval of the Board of Commissioners

County Manager Comments

          There were no comments

County Attorney Comments

          Patrick Jaugstetter, County Attorney, presented several condemnation resolutions regarding the East Lake Road Improvement project.  SPLOST is ready to complete the project where East Lake Road will connect to Highway 155.  Staff has been trying to negotiate purchases of necessary right-of-way and have been unsuccessful.  The request is for the Board to authorize the County Attorney to acquire the necessary right-of-ways.  Each resolution authorizes acquisition of right-of-way for a separate parcel of land; eight (8) parcels from five (5) land owners.

          Chairman Harper read the following into the record:

1)          Resolution authorizing the acquisition of 7.049+/- acres of land, 0.461+/- acres of permanent easement and 1.232+/- acres of temporary construction easement, located in Land Lots 27 & 28 of the 8th District, for improvement of East Lake Road

2)          Resolution authorizing the acquisition of 2.809+/- acres of land, 0.080+/- acres of permanent easement and 0.818+/- acres of  temporary construction easement, located in Land Lot 5 of the 7th  District for  improvement of East Lake Road

3)          Resolution authorizing the acquisition of 0.107+/- acres of land, 0.015+/- acres of temporary construction easement, located in Land Lot 5 of the 7th District

4)          Resolution authorizing the acquisition of 4.599+/- acres of land, 0.596+/- acres of permanent easement and 1.328+/- acres of temporary construction easement in Land Lot 5 of the 7th

5)          Resolution authorizing the acquisition of 0.172+/- acres of land and 0.005+/- acres of temporary construction easement located in Lot 6 of the 7th District, for improvement of East Lake

6)          Resolution authorizing the acquisition of 3.360+/- acres of land, 0.140+/- acres of permanent easement and 0.613+/- acres of temporary construction easement in Land Lots 3 and 4 of the 11th District

7)          Resolution authorizing the acquisition of 1.417+/- acres of land, and 0.402+/- acres of temporary construction easement, located in Land Lot 4 of the 11th District

8)          Resolution authorizing the acquisition of 0.824+/- acres of land, 0.115+/- acres of permanent easement and 0.190+/- acres of temporary construction easement, located in Land Lot 4 of the 11th District

Commissioner Stamey made the motion to approve all of the resolutions regarding acquiring right-of-way for the East Lake Road Improvements; Commissioner Bowman seconded.  The motion carried unanimously.

Public Comments

          There were no comments

Upcoming Meetings

                       1.      Wednesday, August 29th @ 9:00 a.m., Called Meeting for the 1st Public Hearing for the Millage Rate  and @ 6:00 p.m., Called Meeting for the 2nd Public Hearing for the Millage Rate and the Approval of the SPLOST III Project List and Budget Projections

                       2.      September 3rd is Labor Day Holiday – There will be no meeting and Tuesday, September 4th @ 9:00 a.m., Regular BOC meeting 

                       3.      Wednesday, September 5th @ 6:00 p.m., Called Meeting for the 3rd Public Hearing for the Millage Rate and @ 6:30 p.m. the Adoption of the Millage Rate.

                       4.      Monday, September 17th @ 9:00 a.m. and Tuesday, September 18th @ 6:30 p.m., Regular BOC meetings

Commissioner Stamey made the motion to cancel the September 17th and 18th meetings and have a called meeting on September 25th @ 6:30 p.m.; Commissioner Holder seconded.  The motion carried unanimously.

Executive Session

          No executive session was held.

Adjournment

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

 

                                                                             Jason T. Harper, Chairman

 

Shay Mathis, County Clerk