STATE OF GEORGIA

 

 

COUNTY OF HENRY

 

 

 

The Henry County Board of Commissioners held a regularly scheduled Public Meeting at 9:00 a.m. on Tuesday, September 5, 2006, 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, presiding

            Gerry Adams, Vice-Chairman, District IV Commissioner

            Warren E. Holder, District I Commissioner

            Elizabeth (“B.J.”) Mathis, District II Commissioner

            Randy Stamey, District III Commissioner

            Lee Holman, District V Commissioner

 

Also attending were Rob Magnaghi, County Manager; Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; LaTonya Wiley, Deputy County Attorney; Peggy Malcolm, Deputy County Clerk; Janine Robertson, Deputy County Clerk; Michael F. Turner, Deputy County Manager and Public Safety Division Director; Michael Harris, Planning and Development Division Director; Terry McMickle, Public Works Division Director; Angie Bailey, Interim Administration Division Director; Michael Sabine, Assistant to the County Manager; Tommy Smith, Executive Assistant to the Board of Commissioners for Constituent Services; Mike Bush, Financial Services Director; Roy Clack, SPLOST/Capital Projects Director; Julie Hoover-Ernst, Communications Director; Don Ash, Emergency Communications Director; Doug Gilbert, Building Department Director; Dottie Greene, Business License; Ray Gibson, Planning and Zoning Director; Cheri Hobson-Matthews, Planning and Zoning Assistant Director; Angie Sorrow, Budget and Procurement Director; Jim Luebbering, Stormwater Management Director; and others.

 

(NOTE: An 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 asked for an Acceptance of the Agenda; Commissioner Holman made the motion to approve the Agenda; Commissioner Adams seconded.  The motion carried unanimously.

PUBLIC SAFETY DIVISION:

 

Request Approval to Accept a Donation from Snapping Shoals EMC for Purpose of Providing Assistance to Indigent Families in Henry County.

 

WHEREAS, Henry County has received donation in the amount of $5,000.00 from Snapping Shoals EMC for the purpose of providing assistance to indigent families in Henry County in areas of housing, utilities, groceries, and/or Christmas.

 

WHEREAS, Snapping Shoals EMC will send quarterly checks payable to Henry County Juvenile Court Program, and these funds will be deposited to account 100-2020-526-7080 (Juvenile Court Contributions).

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners has reviewed and approved this donation from Snapping Shoals EMC and approves the use of these funds for the purpose of providing assistance to indigent families in areas of housing, utilities, groceries, and/or Christmas, and authorizes the Chairman to sign all documents necessary to accomplish this purpose.

 

 

Commissioner Holder said the $5,000 came from Snapping Shoals EMC; he said Central Georgia EMC gave approximately the same amount to the School System. He stated this money came from people who have not claimed their capital credits with Co-ops, and he said there was a law created that allowed the capital credits accumulated to be spent in the area in which they were collected. Commissioner Holder said prior to that, it went back to the General Funds of the State of Georgia. He thanked Snapping Shoals for the contribution to Henry County.

 

Commissioner Holder made the motion to approve the request; Commissioner Stamey seconded. The motion carried unanimously.

 

 

Request Approval to Increase the Monthly E-911 Charge to Support Phase II Wireless.

 

            WHEREAS, Enhanced 9-1-1 telephone service as a life-saving link between citizens and emergency services, which has been available in Henry County since 1989; and

           

            WHEREAS, the provision of said services to the citizens of Henry County, Georgia does foster the health, safety and well-being of the residents while also improving their quality of life; and

 

            WHEREAS, it is in the best interest of the citizens of Henry County to maintain and continue Enhanced 9-1-1 services which is to be available to all citizens in the incorporated and unincorporated areas of Henry County, whether they are calling from landline, cellular or wireless phones; and

 

            WHEREAS, the Henry County Board of Commissioners, after much thought and consideration, has determined that the cost of maintaining the Enhanced 9-1-1 should be subsidized by all citizens having access or using the system; and

 

WHEREAS, the monthly access fee provides revenues necessary to underwrite the cost of maintaining the systems.

 

            NOW, THEREFORE, be it resolved that the Board of Commissioners of Henry County, Georgia does hereby affirm the monthly E 9-1-1 charge on each cellular/wireless telephone service provider whose billing address is within Henry County.

 

            IT IS FURTHER RESOLVED that the amount of said Surcharge shall be One Dollar ($1.00) per month per cellular / wireless access facility with a billing address within Henry County for phase I service, and fifty cents (.50) for phase II service; the wireless Surcharge will match the Surcharge for all other Exchange Access Lines, not to exceed $1.50.

 

 

Mr. Michael Turner, Deputy County Manager and Public Safety Division Director, said the County is under a mandate to support Phase II cable; he said Phase II is the ability of the County to tract cellphones using GPS technology, where the phone’s location is plotted on a map identifying the area in which the call originated. “We are seeing people move away from traditional phone services; people are not getting home phones anymore.  They are using cellphones in their homes and cars, and that has caused problems in the traditional sense, where individuals would pick up their phones and dial 911 asking for assistance. Traditionally, we could go to a house and locate the call, but now, since people are using cellphones, it is harder for us to find where the calls originate.” Mr. Turner said the estimated yearly revenue to be collected from this user fee is $432,000, since 5% of this proposed fee would have to be held in reserve for equipment needs throughout the year. He said it is not a revenue generator; it is to offset the cost.  Mr. Turner stated since the County has to do this and has to be in compliance, the County feels the users should actually pay for the service.

 

Commissioner Mathis asked if there were any State laws limiting the amount of charge for the 911 service.

 

Mr. Don Ash, Emergency Communications Director, said, “the maximum is $1.50 per cell, if you are Phase II compliant, and that is what we are moving to.  Clayton, Fulton and DeKalb Counties are currently Phase II, and we are trying to be proactive in how we address calls.”

 

Commissioner Adams asked if the $.50 a month charge would be for all cellphones and all home phones.

 

Mr. Ash said currently it is $1.50 for land lines and $1.00 for cellphones; he said they are bringing cellphone calls in line with land lines; therefore, the increase would only affect cellphones. 

 

Commissioner Adams made the motion to approve the request to increase the monthly E-911 charge to support Phase II Wireless; Commissioner Holder seconded. The motion carried unanimously.

 

 

Request Approval to Accept a Donation from Wal-Mart for the Implementation of the CERT (Citizen’s Emergency Response Team) Program.

 

WHEREAS, the CERT program is a vital part of emergency preparedness for the citizens of Henry County; and

 

WHEREAS, the CERT program is a program that assist one to take care of family and then assist their community; and

 

WHEREAS, Wal-Mart looks to partner in the preparedness of communities, through support of programs such as CERT.

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners authorizes the Chairman of the Henry County Board of Commissioners to accept the donation of $2,000 and execute any documents necessary to purchase CERT equipment.

 

 

Mr. Ash said the CERT program is the Citizen’s Emergency Response Team training, and Wal-Mart has partnered with Henry County and offered a $2,000 grant to the County to implement the program. He said they have had one class with a team from Wal-Mart and the funds will be used to supplement the program.

 

Commissioner Holder made the motion to approve the request; Commissioner Mathis seconded. The motion carried unanimously.

 

 

Request Approval to Accept Funding from GEMA for the CERT Program.

 

WHEREAS, the development of the Citizens Emergency Response Team, provides a standard of training in assisting our citizens and protecting lives; and

 

WHEREAS, the CERT program will be offered throughout our community to assist in developing emergency preparedness to our citizens; and

WHEREAS, Georgia Emergency Management Agency has provided $7,567.50 in funds to implement the Henry County CERT program.

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners authorizes the Chairman of the Henry County Board of Commissioners to execute any documents necessary to purchase of CERT equipment.

 

 

Mr. Ash said Henry County went to the instructor training program to implement the CERT program, and GEMA has some excess funds they were able to give to Henry County.  He said the funds will also be used for the implementation of the equipment and training materials.  Mr. Ash said there are no matching funds; it is 100% reimbursement.

 

Commissioner Adams made the motion to approve the resolution; Commissioner Stamey seconded.  The motion carried unanimously.

 

 

Request Approval authorizing Execution of Local Government Resolution for Emergency Management.

 

WHEREAS, the Henry County Emergency Management serves all the communities of unincorporated Henry County; and

 

WHEREAS, Henry County Emergency Management serves the cities of Hampton, Locust Grove, McDonough, and Stockbridge; and

 

WHEREAS, the Emergency Management Agency shall have direct responsibility for the organization, administration and operations of the local organization for emergency management.

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners authorizes the Chairman to execute the Local Government Resolution for Emergency Management on behalf of the Henry County Board of Commissioners.

 

 

Mr. Ash said the Local Emergency Plan and Resolution Agreement is a form that is kept on file, and there have been some changes, such as Mr. Ash moving as the EMA Director, and changes of the Mayor of Hampton and the Mayor of McDonough.  Therefore, Mr. Ash said they are updating this document, which authorizes him to act on behalf of Henry County Emergency Management in a declared emergency.

 

Commissioner Stamey made the motion to approve the resolution; Commissioner Holder seconded. The motion carried unanimously.

 

 

 

 

 

PLANNING AND DEVELOPMENT DIVISION:

 

Request Approval of a New Streetlight District.

 

WHEREAS, the owners of the following subdivisions have applied for the creation of streetlight districts:

 

·        The Links at Heron Bay, Phase VI, 9 lights, 33 lots, Central Georgia EMC, District 1

 

·        Holly Ridge, 9 lights, 40 lots, Georgia Power, District 2

 

WHEREAS, all County and State requirements for a public hearing have been met; and

 

WHEREAS, the Development Plan Review Staff for Henry County has reviewed the requests and submitted reports that are part of the public record; and

 

WHEREAS, the Development Plan Review Staff have reviewed and recommended approval of the requests.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Henry County approves the requests for new streetlight districts.

 

 

Commissioner Mathis made the motion to approve the request; Commissioner Adams seconded.  The motion carried unanimously.

 

 

PUBLIC HEARINGS: LICENCE TO SELL ALCOHOLIC BEVERAGES:

 

James W. Kim – Yuki Japanese Restaurant – 35 Mill Road, McDonough, Ga.

 

            WHEREAS, James W Kim, owner of Yuki Japanese Restaurant to be built at 35 Mill Road, McDonough, Georgia, request a license to sell beer, wine, and distilled spirits

 from this location; and

 

            WHEREAS, James W Kim, owner of Yuki Japanese Restaurant has met the required specifications set forth in the Alcoholic Beverage Ordinance.

 

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners grants said license.

 

 

Commissioner Mathis referenced the application and stated the license is being issued in the name of Yong Strock and the name on the resolution is James W. Kim. She asked why there was a difference. 

 

Ms. Dottie Green, Business License Department, stated Mr. Kim is the owner of the restaurant, but Ms. Strock would be the operator of the business, where she has already submitted to a background check and a fingerprint check.

 

Commissioner Mathis asked if the business operator left the restaurant and went somewhere else, would the license remain with the restaurant or would they have to come back in and reapply. 

 

Ms. Green said whenever there is a management change, an application has to be filled out by the new business operator. She said sometimes, a person will come in and they will also apply for the liquor license in one name, but as soon as it is approved, they will go back and do a management change, as they are trying to move it through, and they will come back before the restaurant opens, and then do a management change, where a background check and fingerprint check would be done. 

 

Chairman Harper suggested changing the name on the resolution to the proper name.

 

Ms. Green said she would redo the resolution with Yong Strock as the business operator.

 

Chairman Harper asked for any opposition to this request; there was no response.

 

Commissioner Mathis made the motion to approve the resolution with the change in the name; Commissioner Holman seconded.  The motion carried unanimously.

 

 

Publix Supermarket – Michael Shannon, Manager – 2730 Highway 155 South, Locust Grove, Ga.

           

WHEREAS, Michael Shannon, Manager of Publix, to be built at 2730 Highway 155 South, Locust Grove, Georgia, request a license to sell package beer and wine from this location (grocery store); and

 

WHEREAS, Michael Shannon, Manager of Publix, has met the required specifications set forth in the Alcoholic Beverage Ordinance.

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners grants said license.

 

Chairman Harper asked for any opposition to this request; there was no response.

 

Commissioner Mathis made the motion to approve the applicant’s request; Commissioner Stamey seconded. The motion carried unanimously.

 

 

Richard Bell – Fuelsource Markets, LLC. – 1150 Jodeco Road, Stockbridge, Ga.

 

WHEREAS, Richard Bell, owner of Fuelsource Markets, LLC., (convenience store) at 1150 Jodeco Road, Stockbridge, Ga. request a license to sell packaged beer and wine from this location; and

 

WHEREAS, Richard Bell, owner of Fuelsource Markets, LLC., has met the required specifications set forth in the Alcoholic Beverage Ordinance.

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners grants said license.

 

 

Chairman Harper asked for any opposition to this request; there was no response.

 

Commissioner Mathis made the motion to approve the applicant’s request; Commissioner Holman seconded.  The motion carried unanimously.

 

 

Request Approval of a Resolution to Amend the Services Agreement with Arcadis to Include Services Related to the Stormwater Credit Policy.

 

WHEREAS, Henry County has a services agreement dated October 27, 2005 with Arcadis Engineering to develop a Stormwater Credit Policy; and

 

WHEREAS, Henry County desires to expand the scope of the current services contract with Arcadis Engineering to include the development of a Credit Policy Manual and associated public outreach activities; and

 

WHEREAS, Arcadis Engineering has agreed to amend the current scope of services contact at a cost not to exceed $29,985.00.

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners agrees to amend the services agreement with Arcadis Engineering to include the development of a Credit Policy Manual and associated public outreach activities at a total cost not to exceed $29,985.00 and authorizes the Chairman of the Henry County Board of Commissioners to sign the contract amendment.

 

 

Mr. Michael Harris, Planning and Development Division Director, said this is a resolution to amend the County’s current Stormwater Utility Agreement with Arcadis to include the credit policy portion. 

 

Commissioner Holder said the credit policy is very important with the entire process.

 

Commissioner Holder made the motion to approve the resolution; Commissioner Mathis seconded.  The motion carried unanimously.

 

 

REZONING(S):

 

Eugene & Jeanette Laabs of McDonough, Ga.  – RZ-06-25 – District III.

 

Eugene & Jeanette Laabs of McDonough, Georgia requests a rezoning from RA (Residential-Agricultural) to C-3 (Heavy Commercial) for property located on Highway 155, west of Crumbley Road and southeast of Jones Road. The property is located in Land Lot 7 of the 7th District, consisting of 8.218+/- acres. The request is for a commercial office and retail development.

 

 

            (This item has been withdrawn – if placed back on the Agenda,

             it will be re-advertised.)

 

 

 

Venus Enterprises, Inc. of Atlanta, Ga. – RZ-06-26 – District II.

 

Venus Enterprises, Inc. of Atlanta, GA requests a rezoning from C-
            2 (General Commercial) to C-3 (Heavy Commercial) for property
            located on Liberty Industrial Blvd.  The property is located in Land
            Lot 221 of the 7th District, consisting of 4.06 +/- acres.  The
            request is for the development of a hotel.  The Zoning Advisory
            Board recommended APPROVAL on July 13, 2006

           

Mr. Ray Gibson, Planning and Zoning Director, stated the applicant currently does not have a certain hotel to locate on the property and is in negotiations with future developers for the site.  He said the property is located on the west side of Liberty Industrial Parkway, just south of S.R. 155. Referencing the Future Land Use Map, Mr. Gibson said there was an issue with this piece of property that it was zoned C-2 prior to 1988, but there were no files in the department indicating the C-2 zoning; however, the zoning of C-2 amended the Future Land Use Map and designates the property for Industrial and Wholesale uses. Mr. Gibson said that is the reason staff recommended approval, because it was already zoned C-2.  Additionally, he stated the property only has access to a local road, and it requires access to a major arterial road. Mr. Gibson said staff felt the zoning to C-2 prior to 1988 gave permission for this property to be located on a local road; therefore, a Variance was not requested from the applicant. He stated the Zoning Advisory Board recommended approval with six (6) conditions of zoning.

 

Mr. Rajesh Patel, the applicant, said he reviewed the six (6) conditions and is in agreement.

 

Commissioner Mathis asked the County Attorney, Patrick Jaugstetter, if a condition could be added to prohibit this hotel from being used for extended stay.

 

Mr. Jaugstetter, County Attorney, said the condition could be added, but he did not know if it was enforceable or not. 

 

Commissioner Mathis added Condition #7 stating, ‘the hotel could not be used for extended stay.’

 

Mr. Patel said there are two (2) different types of extended stay; he said the Suburban Lodge has an extended stay, or there is a Marriott, known as Town Place Suites, that has an extended stay, which is a high-end extended stay. He said he would like to have the option to build something like the high-end extended stay, because if not, it would limit a Hilton or Marriott product.

 

Commissioner Holman asked for the different lengths of an extended stay.

 

Mr. Patel stated in the Suburban Lodge or Inn-town Suites, there are a lot of local people who stay there, and they could stay 3 to 4 weeks.  In the Town Place Suites, they cater to more corporate clients, and they normally stay approximately 5 days.  He said the local clientele usually cannot afford the rate of the high-end extended stay hotels. 

 

Commissioner Holman asked Mr. Patel if there was a cap (number of days) he would agree to for the extended stay.

 

Mr. Patel responded, “the County could have a cap on it where we would charge $189 a week or $229 a week; we could say the minimum rate would be $300 a week or $60 a day, and that would put you in the same rate category as the Hampton Inn or the Holiday Express. I would not have a problem with that, because that would attract the corporate clientele. The average extended stay is running around 10 or 11 days.”

 

Commissioner Mathis asked if there would be sidewalks along the front of the property.  She asked Mr. Patel if he would agree to this as an added condition.

 

Mr. Patel said he would agree to the addition of sidewalks.

 

Commissioner Mathis added Condition #8 stating, “five (5’) foot wide sidewalks would be installed along the front of the property.”

 

Mr. Gibson stated the property that fronts onto Highway 155 has interconnectivity to the back parcel, and there should be sidewalk connection.

 

Mr. Gibson phrased Condition #8 as, “sidewalks, five (5’) feet in width, shall be constructed along the frontage on Liberty Industrial and along the inter-connective roads between the two (2) parcels that are currently owned by the applicant.”

 

Commissioner Mathis made the motion to approve the applicant’s request, striking the extended stay condition, but adding Condition #7, “sidewalks, five (5’) feet in width, shall be constructed along Liberty Industrial and along the inter-connective roads between the two (2) parcels that are currently owned by the applicant;” Commissioner Holman seconded.  The motion carried unanimously approving the following resolution:

 

WHEREAS, Venus Enterprises Inc. (RZ-06-26) applied to rezone the subject property from C-2 (General Commercial) to C-3 (Heavy Commercial) for the development of a hotel.  The property is located on Liberty Industrial Blvd. (Parcel ID Number 094-01-044-000) in Land Lot 221 of the 7th District, consisting of 4.06+/- 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

 

WHERAS, the Henry County Zoning Advisory Board reviewed and recommended approval of the rezoning request from C-2 (General Commercial) to C-3 (Heavy Commercial) on July 13, 2006.

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approves the above rezoning request with the following seven (7) conditions:

 

  1. All building exteriors shall be constructed of brick, stone, glass or any combination thereof, with stucco only to be used for accents.

 

  1. 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.

 

  1. A detailed landscaping plan shall be submitted.  The Department of Development Plan Review shall have final approval of the plan prior to the issuance of any permits.

 

  1. An exterior lighting plan shall require all lighting to be of moderate brightness and consist of downcast lighting.

 

  1. All plans including the site layout, grading and drainage, utility, erosion control, and landscaping are subject to approval by the Development Plan Review Department prior to the issuance of a building permit.

 

  1. 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.

 

  1. Sidewalks, five (5’) feet in width, shall be constructed along Liberty Industrial and along the inter-connective roads between the two (2) parcels that are currently owned by the applicant.

 

 

 

Eagle’s Landing Family Practice of McDonough, Ga. – RZ-06-28 – District I.

 

Eagle's Landing Family Practice of McDonough, GA requests a rezoning from RA (Residential Agricultural) to C-2 (General Commercial) for property located southeast of the intersection of Old Jackson Road and Highway 81.  The property is located in Land Lot 171 of the 7th District, consisting of 7.50 +/- acres.  The request is for the development of a professional office, medical facility and retail center.  The Zoning Advisory Board recommended APPROVAL of C-2 with conditions on July 13, 2006

 

      Ms. Cheri Matthews, Planning and Zoning Assistant Director, said the applicant wants to develop the property for professional office, medical facilities, and retail strip center.  She said the property is located in the Tussahaw Creek Watershed Protection District, and as the site plan has presented, it does meet all of the requirements. Ms. Matthews said the neighboring properties to the east and west of the site are currently zoned for commercial uses, and to the north and south, the properties are zoned for residential-agricultural land uses. She stated the request is consistent with the Future Land Use Map, which designates the majority of the property for commercial and service uses, with a small portion designated for residential and agricultural uses.  Ms. Matthews said the Zoning Advisory Board recommended approval of the request with fourteen (14) conditions.

 

Chairman Harper asked for any opposition to this request; there was no response.

 

Chairman Harper asked the applicant’s Attorney if they were in agreement with the fourteen (14) conditions.

 

Mr. Scott Bennett, Attorney for the applicant, said they were in agreement with all of the conditions.

 

Referencing Condition #3, Commissioner Holder said where a natural buffer is adequate, he thought it should remain as a natural buffer; he said where it is not adequate and is an open field, a decorative brick or stone privacy fence should be installed. He added to Condition #3 that this should be reviewed or under the direction of Development Plan Review to determine where they can use the existing buffer and where the fence shall be installed.    

 

Mr. Bennett said when they met with the Zoning Advisory Board, there was question about whether this condition, regarding a brick or stone privacy fence, meant a brick wall or brick highlands with panels connecting.  He said the property line is 458 to 460 feet along the back property fence. He said a great deal of it is currently a buffer, but to install a brick fence would be very expensive. Also, Mr. Bennett said the property to the south of the subject property will be commercial as well, and at some point, they would have to tear it back down for interconnectivity. Mr. Bennett stated they would like to put up brick columns with panels in between the columns.

 

Commissioner Holder said he would add to the Condition #3 that brick columns shall be installed every ten (10’) feet with an approved fencing between the columns by Development Plan Review.

 

Referencing Condition #12, Commissioner Holder said there is currently a left turn on Old Jackson Road going to Highway 81; he said if another left is installed going south on Old Jackson, there would be a left this way and a left that way, and he thought it required a Traffic Engineer to coordinate this effort.

 

Mr. Bennett said they anticipate using the traffic study option to find out what is the best flow in the area to move traffic, because they are concerned their property would be used as a cut-through.

 

Commissioner Holder added one sentence to Condition #12, “once the study is completed, it shall be coordinated and approved by the Henry County DOT.”

 

Mr. Bennett agreed.

 

Commissioner Holder made the motion to approve this request with the fourteen (14) conditions, including the changes to Condition #3 and Condition #12; Commissioner Holman seconded.  The motion carried unanimously approving the following resolution:

 

WHEREAS, Eagles Landing Family Practice (RZ-06-28) applied to rezone the subject property from RA (Residential Agricultural) to C-2 (General Commercial) for the development of a professional office, medical facility and retail center.  The property is located southeast of the intersection of Old Jackson Road and Highway 81 (Parcel ID Numbers 124-01-014-000, 124-01-015-000, 124-01-016-000, 124-01-017-000, 124-01-018-000, and 124-01-019-000) in Land Lot 171 of the 7th District, consisting of 7.5+/- 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

 

WHERAS, the Henry County Zoning Advisory Board reviewed and recommended approval of the rezoning request from RA (Residential Agricultural) to C-2 (General Commercial) on July 13, 2006.

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approves the above rezoning request with the following fourteen (14) conditions:

 

  1. All building exteriors shall be constructed of brick, stucco, stone, glass, or any combination thereof.

 

  1. 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.

 

  1. Where a natural buffer is not adequate, a privacy fence of brick columns installed every ten (10’) feet with decorative panels in between each column, shall be installed between the commercial and residential land uses and shall be approved by Development Plan Review.

 

  1. An undisturbed landscaped buffer of twenty feet (20’) wide shall be required along Highway 81 and Old Jackson Road.  The following number of plant materials shall be required for each fifty linear feet (50’), or portion thereof, of the landscaped buffer:

 

    1. One canopy tree
    2. One evergreen tree
    3. One understory tree
    4. Five shrubs

 

  1. A detailed landscaping plan shall be submitted.  The Department of Development Plan Review shall have final approval of the plan prior to the issuance of any permits.

 

  1. Detention ponds shall be screened via heavy landscaping along the perimeter of the pond, the details of which shall be included as part of the landscape plan.

 

  1. An exterior lighting plan shall require all lighting to be of moderate brightness and consist of downcast lighting.

 

  1. Primary ground signage shall consist of a monument-based sign that is consistent in design with structures on the site, and shall be constructed of brick, stone, stucco, or any combination thereof, not to exceed eight feet (8’) in height.

 

  1. Sidewalks, five feet (5’) in width, shall be constructed along the frontage on Highway 81 and Old Jackson Road.

 

  1. The entrance on Old Jackson Road shall meet minimum intersection sight distance per posted speed limit of the road.

 

  1. Deceleration lanes/acceleration tapers shall be constructed according to Henry County Department of Transportation standards.

 

  1. A left turn lane shall be constructed on Old Jackson Road, or if the applicant so chooses, a traffic study shall be conducted by a professional in that field to determine the need for a left turn lane and shall construct a left turn if a need exists. Once the study is completed, it shall be coordinated and approved by the Henry County DOT.

 

  1. All requirements of Section 3-7-159 of the Henry County Code for developments within the Tussahaw Creek Watershed District shall be adhered to.  Any proposed deviation from these development standards will require a variance.

 

  1. 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.

 

 

COMMUNICATIONS DEPARTMENT:

 

Request Approval to Execute Service Contract with Charter Communications, LLC Regarding Henry TV 96.

 

WHEREAS, the proposed Service Contract will allow Henry County Government to schedule and broadcast its programming directly from its control room for TV 96 located at 140 Henry Parkway, McDonough, Ga. (the “Administration Building”) and enable it to interrupt programming to make emergency announcements and, in the future, broadcast meetings live.

 

WHEREAS, per the contract terms, Charter Communications, LLC (“Charter”) shall construct and lay 1.4 miles of fiber optic cable from Highway 20/81 to the Administration Building. In addition, Charter Communications shall install fiber optic cables through conduit (provided by Henry County) from Fire Station #1, located at 664 Industrial Parkway, McDonough, Ga. to the Administration Building. In the Administration Building, Charter will install fiber from the IS Department on Level 1 to the Control Room on Level 2 (approximately 125 feet).

 

WHEREAS, Charter shall provide Henry County a modulator, transmitter and receiver in order to broadcast the signal from the Administration Building to the Charter head-end in Stockbridge, Ga.

 

WHEREAS, Charter will provide service and repair to the transmitter, receiver and modulator beyond the manufacturer’s warranty for vendor repair cost.

 

WHEREAS, Charter shall provide service and repair to the lifetime of the fiber such that it will continue to operate in a manner so as to permit Henry County to broadcast local programming on cable channel 96.

 

WHEREAS, per the contract, Henry County shall pay Charter 50% (a sum of $16,263.50, prior to the agreed installation of fiber) transmitter, receiver and modulator. Upon completion of said installation, Henry County shall pay Charter the remaining 50% (a sum of $16,263.50) within 30 days.

 

WHEREAS, through discussions with County staff and Charter Communications, the Communications Department has determined this method to be the most cost-effective. Other options, such as satellite and pre-existing fiber, was determined to be cost-prohibitive and/or not of the quality needed for broadcast purposes.

 

WHEREAS, funding for this expenditure is covered under the Board of Commissioners Budget for 2006/2007.

 

NOW, THEREFORE, BE IT RESOLVED by the Henry County Board of Commissioners that the Board hereby approves the Service Contract with Charter Communications, LLC pertaining to Henry TV 96. The Chairman is hereby authorized to execute said Agreement on behalf of the Board.

 

 

Commissioner Mathis made the motion to approve the request; Commissioner Adams seconded.  The motion carried unanimously.

 

 

SPLOST/CAPITAL PROJECTS:

 

Request Approval for Budget Amendment for Moseley Park Activity Building, for Furniture, Fixtures and Equipment.

 

          WHEREAS, Moseley Park Activity Building is a SPLOST II Capital project; and

 

WHEREAS, a budget amendment is needed in order to purchase furniture, fixtures and equipment for operation of this facility; and

 

WHEREAS, the budget would need to be increased, for qualified expenses, up to $40,000.00; and

 

WHEREAS, the new total budget for this project would be $ 2,708,900.00; and

 

            WHEREAS, funding would be transferred from SPLOST II Unallocated.

                                   

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a budget amendment for qualified expenses up to $40,000.00, for Moseley Park Capital Projects regarding the purchase of FF&E. All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

 

 

Mr. Roy Clack, SPLOST/Capital Projects Director, stated with the completion of the Moseley Park Activity Building, which has two (2) indoor basketball courts, running track, and several classrooms, now is the time to begin furnishing the building, which will open very soon.  He said there was nothing budgeted for FF&E, but some of the equipment was purchased with contingency on hand in the budget, but in order to complete the project and get the doors opened, an additional $40,000 is needed to purchase equipment for the ceramic room, dance room, aerobics room, and there are certain items in the basketball courts that are needed to hold basketball benches etc.  Mr. Clack said he hoped completion for the doors to open would be in 2 or 3 weeks. 

 

Commissioner Holder asked if the requested $40,000 was an authorized or qualified expenditure from SPLOST funding. 

 

Mr. Jaugstetter said as long as it is off of capital equipment with a long-term use for life.

 

Chairman Harper suggested amending the motion to say ‘up to $40,000 for qualified expenditures and those listed;’ he said if Mr. Jaugstetter and Mr. Clack determine that any of the items do not qualify, then it could be taken from another source.   

 

Commissioner Adams said he did not see any music equipment for the music room.

 

Mr. Clack said there are some music stands and other items that Mr. Coley, Parks and Recreation Director, has requested for the music room, and it will be ordered.  He stated Mr. Coley’s plan is to staff this building full-time, which would help relieve some of the overcrowding at his temporary mobile unit, and the facility would be open all day and into the evening hours.

 

Commissioner Adams made the motion to approve the resolution with the stipulation that up to $40,000 would be spent for qualified expenditures for SPLOST; Commissioner Holder seconded.  The motion carried unanimously.

 

APPROVAL OF MINUTES:

 

Commissioner Mathis made the motion to approve the Minutes of the August 14th and 15th, 2006 Board of Commissioners’ Meetings; Commissioner Holman seconded. The motion carried unanimously.

 

Commissioner Mathis made the motion to approve the Minutes of August 11, 2006 “Called” Board of Commissioners’ Meeting; Commissioner Holder seconded.  The motion carried unanimously.

 

Commissioner Holder made the motion to approve the Minutes of August 28, 2006 “Called” Board of Commissioners’ Meeting; Commissioner Stamey seconded. The motion carried 4-0-2 with Commissioners Holder, Stamey, Mathis, and Holman voting in favor, and Chairman Harper and Commissioner Adams abstaining (did not attend meeting).

 

 

COUNTY MANAGER COMMENTS:

 

Mr. Rob Magnaghi did not have comments.

 

 

COUNTY ATTORNEY COMMENTS:

 

Annexations – City of Locust Grove:

 

1.      Owners HLC Enterprises, LLP, approximately 38.0 acres (+/-) located in Land Lot 195 of District I.

 

2.      Owners, Dorothy McGough-Knott, approximately 72.42 acres (+/-) located in Land Lot 131 of District II.

 

 

Mr. Jaugstetter said both of the annexations are being annexed with their current zoning remaining in place; therefore, there are no grounds for the Board to object.  He said both of the annexations indicated they would be considering a rezoning in the future.

 

 

PUBLIC COMMENTS:

 

There were no public comments.

 

UPCOMING MEETINGS OF THE BOARD:

 

9/18/06            Monday           9:00 a.m.          Regular Board of Commissioners’ Meeting

 

9/19/06            Tuesday           6:30 p.m.          Regular Board of Commissioners’ Meeting

 

10/02/06          Monday           9:00 a.m.          Regular Board of Commissioners’ Meeting

 

10/03/06          Tuesday           9:00 a.m.          Regular Board of Commissioners’ Meeting

 

 

 

EXECUTIVE SESSION:

 

Commissioner Adams made the motion to adjourn into Executive Session at 10:00 a.m., in accordance with the provisions of O.C.G.A. 50-14-3, and other applicable laws, and pursuant to advice by Patrick Jaugstetter, the County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters; Commissioner Mathis seconded.  The motion carried unanimously.

 

 

                                    (An Executive Session was held.)

 

 

 

Commissioner Mathis made the motion to reconvene into Public Session at 1:05 p.m.; Commissioner Stamey seconded. The motion carried unanimously.

 

Commissioner Mathis made the motion to authorize the Chairman to sign the affidavit of the Executive Session; Commissioner Holman seconded. The motion carried unanimously.

 

Chairman Harper asked the Board Members to consider the Community Room use(s) in the Administration Building after hours since the room had been restored.

 

Commissioner Holder said, “there would have to be a policy set to either allow nobody or everybody, because it would be hard to limit who you would allow and who you would not allow.

 

Chairman Harper said Shay Mathis, County Clerk, had recommended the Community Room could be used if;

 

A.                 It was a County function, or

B.                 If a County employee is present to safeguard the room.

 

Chairman Harper said a usage policy for the Community Room needs to be created; he asked the County Clerk to review the existing policy with the County Attorney to develop a new policy.

 

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

 

 

                                                            Jason T. Harper, Chairman

 

 

Peggy L. Malcolm, Deputy County Clerk