The Henry County
Board of Commissioners held a Called Public Meeting at 9:00 a.m. on Tuesday,
August 25, 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; LaTonya Nix-Wiley, County Attorney; Phyllis Shrader, Interim County Manager; Michael Sabine, Assistant County Manager; Angie Bailey, Social Services Division Director; Michael Harris, Planning & Zoning Services Division Director; Jim Luebbering, Building and Development 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.
requesting approval to enter into a construction contract with
Romero, SPLOST Interim Transportation Manager presented the agenda item to the
Commissioner Holder asked if there was an approximate total cost for this project, including right-of-way acquisition and utility relocation. Mr. Romero state the cost for right-of-way was approximately $4.5 million and the utilities are still in process.
Bowman made the motion to approve
the construction contract with GDOT on Eagle’s
WHEREAS, sealed bids were solicited for the construction; and
WHEREAS, seven (7) sealed bids were received and reviewed; and
WHEREAS, funding for this project is available from the American Recovery and Reinvestment Act.
WHEREAS, SPLOST recommends the bid proposal of the low bidder, G.P.’s Enterprises, Inc., in the amount of $18,443,111.45; and
NOW, THEREFORE, BE IT RESOLVED the
Ordinance requesting a moratorium on the permitting of wireless communication facilities
Michael Harris, Planning & Zoning Division Director presented the agenda item to the Board. The current wireless communication’s facilities ordinance was adopted in 1998 and since that time there have been no amendments. Under the current ordinance, permits are issued by way of administrative review and on certain cases Conditional Use requests. With the recent peak in cell tower applications, it has become evident that the ordinance does not contain sufficient regulatory safeguard requirements or conditions. There is the need to review and/or mitigate potential adverse affects within respective residential communities. The Federal Government did enact the Federal Telecommunications Act of 1996, local governments still had the authority to set up regulations to regulate, particularly in regards to land use, for these types of facilities. New advances within the telecommunications industry, coupled with increased usage has necessitated a more detailed and thorough review of our wireless communication facility applications. The request is for the Board to consider adoption of new regulatory guidelines pertaining to wireless communication facilities in order to provide clearer, more consistent uniform guidelines for both the wireless communication service providers as well as citizens so they are clear on exactly what’s required and what the criteria for evaluating the sites are. The department is recommending that a 90-day moratorium be granted. This would allow staff the opportunity to draft new guidelines.
Chairman Mathis asked for clarification that this request would not affect any applications that have currently been filed. Mr. Harris stated that was correct, any applications that have currently been filed will proceed in the manner in which the current ordinance calls for.
Commissioner Holder asked how many applications the department currently has for a wireless communications facility. Mr. Harris stated approximately six.
After further discussion regarding this agenda item, Commissioner Basler made the motion to approve an Ordinance requesting a moratorium on the permitting of wireless communication facilities; Commissioner Jeffares seconded. The motion carried 4-1-0 with Commissioners Jeffares, Basler, Stamey and Bowman in favor and Commissioner Holder opposed.
Commissioner Jeffares made the motion to adjourn; Commissioner Stamey seconded. The motion carried 5-0-0.