The Henry County Board of Commissioners held a Public
Meeting at 6:30 p.m. on Tuesday, August 21, 2007, in the Community Room,
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;
(NOTE: Audio of this meeting is available with the
Chairman Harper called the meeting to order and announced the following items would not be heard:
Madison Park, LLC of
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
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
Butch Springer of
Butch Springer of
Chairman Harper called for an acceptance of the
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
five (5) billboards along Interstate 75.
Two local restaurants, two county hotels and
$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
The CVB will again
host tournament directors during the fall race at Atlanta Motor Speedway. The directors will be treated to
· 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
The Henry Council for Quality Growth
requested that Mr. Burett speak with the Board regarding Smart Growth. Mr. Burett stated
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:
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
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
Partial Abandonment of a portion of
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;
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.
Mr. Terry McAfee, a resident at
Mr. McAfee stated this has created a
serious issue and they are concerned with the speeding. Flyers and letters have been sent to the
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.
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
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
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.
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;
THEREFORE, BE IT RESOLVED by the Board
of Commissioners of
Petition for a road name change
Terry McMickle, Public Works Division
Director, presented the agenda item to the Board. There is a road named
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
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
Discussion regarding the McDonough Municipal Building Lease
Chairman Harper stated the City of
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.
Chairman Harper stated it is the
Board’s intentions to work with the City of
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.
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
WHEREAS, the City of
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
NOW, THEREFORE, BE IT RESOLVED
by the Henry
Resolution 06-310 authorizing the lease agreement with
the City of
The city shall be deemed to be month to month tenants
of the property located on
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
The Chairman of the Board of Commissioners shall take
into consideration the space needs of the
County Manager Comments
There were no comments
Chairman Harper read the following into the record:
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
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
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
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
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
There were no comments
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
September 3rd is Labor Day
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
No executive session was held.
Jason T. Harper, Chairman
Shay Mathis, County Clerk