STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a regularly scheduled Public Meeting at 9:00 a.m. on Monday, September 18, 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:

 

            Gerry Adams, Vice-Chairman, District IV Commissioner, presiding

            Warren E. Holder, District I Commissioner

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

            Randy Stamey, District III Commissioner

            Lee Holman, District V Commissioner

            Jason T. Harper, Chairman (Absent)

 

Also attending were Rob Magnaghi, County Manager; Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Peggy L. 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; Julie Hoover-Ernst, Communications Director; Mike Bush, Financial Services Director; Roy Clack, SPLOST/Capital Projects Director;  Ray Gibson, Planning and Zoning Director; Steve Schafer, Development Plan Review Director; Angie Sorrow, Budget and Procurement Director; Becky Zebe, Human Resources Director; Tim Coley, Parks and Recreation 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.)

 

Vice-Chairman Adams called the meeting to order and asked for an Acceptance of the Agenda; Commissioner Holman made the motion to approve the Agenda; Commissioner Stamey seconded. The motion carried unanimously.

 

ADMINISTRATION DIVISION:

 

Request Approval to Accept a Donation of $1,440.00 from the U.S. Disabled Athletes Fund, Inc. for Purchase of Tennis Instructor Fees and Shirts for the Participants of the Blazesports Tennis Program.

 

            WHEREAS, Blazesports’ vision is to empower people with physical disabilities to lead healthy, productive lives by offering sports programming; and

            WHEREAS, there is a need for wheelchair tennis instruction and shirts for the participants of the Henry County Parks and Recreation Department Blazesports tennis program; and

 

            WHEREAS, upon learning that wheelchair tennis was being offered by Henry County Parks and Recreation Department, the U.S. Disabled Athletes Fund, Inc. donated $1,440 to assist with the program.

 

            NOW, THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners accepts the donation from the U.S. Disabled Athletes Fund, Inc. in the amount of $1,440 and authorized all necessary budget amendments and/or transfers. 

 

Mr. Tim Coley, Parks and Recreation Director, said they started a Blazesports tennis program for disabled athletes, where there are eighteen (18) participants in the program.  He said they applied for a grant and received it, and it is non-matching.

 

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

 

 

PUBLIC SAFETY DIVISION:

 

Mr. Michael Turner, Public Safety Division Director, said he was asked by the Governor to represent Georgia’s Law Enforcement, where two (2) people were sent to the “911 Commemoration Ceremonies” in New York City.  He said as a response, he would like to present a ‘photo trip’ that was taken while he was in New York City of beautiful and memorable pictures. 

 

Vice-Chairman Adams commended Mr. Turner on the beautiful pictures and asked if all of the pictures were taken by him.  Mr. Turner said he took all of the pictures, and Vice-Chairman Adams expressed that Mr. Turner had a great talent.

 

 

Request Approval to Purchase and Install Emergency Lights and Accessories for the Sheriff’s Department Vehicles.

 

            WHEREAS, sealed bids were solicited for the purchase and installation of emergency lights and accessories for Sheriff Department vehicles; and

 

            WHEREAS, five (5) vendors submitted bids for this purchase, as indicated; and

           

            WHEREAS, funds are available in the Capital Equipment account to complete this purchase; and

 

            WHEREAS, departmental personnel recommends award to West Chatham Warning Devices, Inc. as the lowest bidder and meeting bid specifications.

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the bid for the purchase and installation of emergency vehicle lights and accessories to West Chatham Warning Devices, Inc. in the amount of $33,715.00 and authorizes the Chairman to sign all necessary documents to accomplish this purchase.

 

Mr. Turner said this year, the County is replacing ten (10) Sheriff’s Department vehicles, and the Sheriff has asked for the Purchasing Department to bid for the installation of emergency lights for the vehicles.  The lowest bidder was West Chatham Warning Devices, Inc. in Savannah, Georgia in the amount of $33,715.00, and they have the second lowest time for the installation.  Mr. Turner stated West Chatham Warning Devices, Inc. has a genuinely good reputation within the community, and the Sheriff has asked that we recommend the install of the emergency equipment for the ten (10) vehicles at a price of $33,715.00, which is contained within his budget for this year.

 

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

 

 

Request Approval to Accept a Donation of a Bronze Statue of the Lady of Justice to be Donated by Judge Judy Hayes.

 

            WHEREAS, Judge Judy Hayes has served Henry County as the first Chief Magistrate of the County’s Magistrate’s Court; and

 

            WHEREAS, Judge Hayes plans to retire by the end of this calendar year; and

 

            WHEREAS, Judge Hayes would like to purchase a bronze statue of the Lady of Justice to be placed in the Courthouse Annex next to the stairwell near the Magistrate’s Court; and

 

WHEREAS, Judge Hayes will pay for the statue, valued at $1,995 to be permanently displayed within the Courthouse Annex.

 

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners graciously accepts the donation of this statue to be permanently displayed within the Courthouse Annex.

 

Mr. Turner said the bronze statue of the Lady of Justice will be donated by Judge Judy Hayes; Chief Magistrate, Judy Hayes, plans to retire at the end of 2006, and one of the things she would like to do is to commemorate her service to the community by donating to Henry County a 48” bronze statue weighing approximately 50 pounds, which would be displayed permanently within the confines of the Henry County Court Annex outside of the Magistrate Court.  Mr. Turner said the purchase price of $1,995 will be paid by Judge Hayes, and she is requesting the County to accept the donation of this statue.

Commissioner Holman made the motion to approve the request; Commissioner Stamey 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:

 

·        Fairhaven, Phase I, 15 lights, 26 lots, Snapping Shoals EMC, District 3

 

·        Ashley Trace, Phases VI, VII, and VIII, 12 lights, 44 lots, Central Georgia EMC, 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; and

 

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

 

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

 

 

Request Approval to Amend Stream Buffer Protection Ordinance.

 

This item was removed from the Agenda per staff’s request.

 

REZONING(S):

 

Adler Properties, LLC of Jonesboro – RZ-06-30 – District II.

 

Adler Properties, LLC of Jonesboro, Ga. requests a rezoning from C-3 (Heavy Commercial) to RM (Multiple-Family Residence) for property located on the south side of Jonesboro Road, east of Town Center Village Drive.  The property is located in Land Lot 110 of the 6th District, consisting of 11.43+/- acres. The request is for the development of apartments. The Zoning Advisory Board recommended approval on July 27, 2006.

Ms. Jessica Guinn, Planner II in the Planning and Zoning Department, stated the request is for a 60-unit apartment development.  She said the property to the west of the subject property was approved as a planned development, and part of that planned development is an apartment development.  Ms. Guinn said the applicant is proposing to take 60 units, which have already been approved for the apartment complex in the planned development, and move it to the commercial piece (rezoning that to RM), and then move the commercial back to where the apartments were removed from.  She said ultimately it will not create any new apartment units other than what was originally planned, and the net density would remain at ten (10) units per acre.  Ms. Guinn said the Future Land Use Map designates the property for commercial and services land uses, and the Zoning Advisory Board recommended approval with twelve (12) conditions.

 

Vice-Chairman Adams asked for public comment in opposition to this request; there was no response.

 

Commissioner Mathis referenced Condition #10 and said the wording states, “provided that a warrant study justifies installation of a traffic light at the intersection of Jonesboro Road and Mt. Olive Road, and the Georgia Department of Transportation and the Henry County Department of Transportation issues the necessary permits, the applicant shall install a traffic light at said intersection.” She asked, “should that state, ‘at such time as a study warrants a traffic signal.’

 

Mr. Terry McMickle, Public Works Division Director, said the County could do one of two things; he said they could go ahead and define who will do the traffic study, either the Henry County Department of Transportation or the developer. He said they could have the study based on how the build-out of the development would be and go ahead and perform the traffic study at the beginning of it, or they could wait until build-out and then condition it.  He felt it would be more appropriate to go ahead and base the study on the traffic count, which the developer would be adding to the intersection.  Also referencing the installation of the traffic signal, Mr. McMickle said if it was the Board’s desire to include any road improvements (left-turn lanes or right-turn lanes), it should be included with the traffic signal installation.

 

Commissioner Mathis asked to by-pass this item to allow staff the opportunity to draft the proper language for Condition #10, and then come back to this item later in the meeting. 

 

Commissioner Holman made the motion to amend the Agenda to postpone Item C-1 and move it as Item C-5 on the Agenda; Commissioner Mathis seconded.  The motion carried unanimously.

 

Jodeco East, LLC of Locust Grove, Ga. – RZ-06-32 – District IV.

 

Jodeco East, LLC of Locust Grove, Ga. requests a rezoning from RA (Residential-Agricultural) and C-1 (Neighborhood Commercial) to C-2 (General Commercial) and OI (Office/Institutional) for properties located on the northern side of Jodeco Road, east of Tunis Road. The properties are located in Land Lot 80 of the 6th District, consisting of 11.43 +/- acres. The request is for the development of an office and retail shopping plaza. The Zoning Advisory Board recommended approval on July 27, 2006.

 

Mr. Ray Gibson, Planning and Zoning Director, stated on the Future Land Use Map, the subject properties were designated for commercial and service uses; therefore, the request is in conformance. He said based on the comments made at the Zoning Advisory Board meeting, the applicant has revised their site plan.  Mr. Gibson said the Zoning Advisory Board wanted the applicant to move some of the parking from the front, and move the buildings to the front, where there would be more connectivity in the development; therefore, the applicant made the appropriate changes in the revised site plan. Mr. Gibson walked through the different pods of this proposal for the Board for clarification.

           

Mr. Gibson said the Zoning Advisory Board recommended a straight C-2 approval with seventeen (17) zoning conditions and did not recommend approval of OI.

 

Mr. Allen Bodiford, Attorney representing the applicant, said the applicant withdrew his OI request and only requested C-2. He said this will be a Don Henry Development, and Planning and Zoning requested the applicant redraw and refigure the plan by moving some of the parking to the back.  Mr. Bodford said this was done, and they felt this development would be a quality addition to the neighborhood. 

 

Vice-Chairman Adams asked for public comment in opposition to this request; there was no response.

 

Vice-Chairman Adams asked if the applicant was in agreement with the seventeen (17) conditions presented; Mr. Bodiford confirmed. 

 

Commissioner Holman made the motion to approve the resolution with the seventeen (17) conditions; Commissioner Holder seconded. The motion carried unanimously approving the following resolution:

 

            WHEREAS, Jodeco East, LLC (RZ-06-32) applied to rezone the subject property from RA (Residential-Agricultural) and C-1 (Neighborhood Commercial) to C-2 (General Commercial) and OI (Office/Institutional) for the development of an office and retail shopping plaza.  The property is located on the northern side of Jodeco Road, east of Tunis Road (Parcel ID numbers 071A-01-034-000, 071A-01-034-001, 071A-01-034-005, 071A-01-035-000, 071A-01-036-000, 071A-01-037-000, 071A-037-001 and 071A-01-038-000) in Land Lot 80 of the 6th District, consisting of 11.43 +/- 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) and C-1 (Neighborhood Commercial) to C-2 (General Commercial) on July 27, 2006.

 

      NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the above rezoning request with the following seventeen (17) conditions:

 

1.      All buildings shall consist of a mixture of materials consisting of brick, stone, stucco or glass. The Planning and Zoning Department shall have architectural review of all proposed buildings prior to the issuance of a building permit.

 

2.      All signage, not attached to a building, shall be monument-based and shall have consistent character and design details that reflect the architectural design of the project.  Signage shall not exceed fifteen (15’) feet in height.

 

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

 

4.      Any dumpsters shall be enclosed with a three-sided masonry wall being consistent with the façade of the building.

 

5.      Developer shall install acceleration and deceleration lanes in accordance with the Georgia Department of Transportation and Henry County Department of Transportation standards and review.

 

6.      An undisturbed buffer of forty-feet (40’) planted buffer shall be provided along all property lines adjacent to residentially zoned property and uses  Said buffer shall consist of the following number of plant materials for each fifty linear feet (50’), or portion thereof, or as determined by Staff:

 

1.      One (1) Canopy Tree

2.      One (1) Evergreen Tree

3.      One (1) Understory Tree

4.      Five (5) Shrub

 

7.      In the event that the detention pond be located next to the street a buffer meeting the requirements of the Henry County Ordinance shall be required.   

 

8.      The building shall have a pitched roof and the canopy over the gas pumps shall be pitched.  Roofing shall be shingle or sheet metal.

 

9.      The applicant should coordinate with the SPLOST Department concerning frontage along Jodeco Road, as part of the Campground Road Extension, which will require additional right-of-way and a substantial amount of widening. 

 

10.  Coordinate with SPLOST concerning driveway locations with proposed median openings on Jodeco Road.

 

11.  The driveway shall be constructed before the road is widening and shall be required to have decel lanes and accel tapers and shall be located to where the minimum intersection sight distance is met per the posted speed limit of the road.

 

12.  There shall be no more than two (2) curb cuts on Jodeco Road and one (1) curb cut on Tunis Road.  SPLOST may further restrict curb cuts due to their plans for the road improvements. 

 

13.  Developer shall be required to tap into sewer upon completion of sewer upgrade.

 

14.  Notwithstanding anything to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in such a manner as to require any violation of any existing building, development, stormwater and/or any other applicable codes.

 

15.  Provide the Henry County Water and Sewerage Authority a ten (10’) foot easement along the south side of the property, along Jodeco Road for future water main replacement.

 

16.  Sidewalks shall be constructed along Jodeco Road and Tunis Drive along the property line, according to the Henry County DOT requirements.

 

17.  Applicant shall submit architectural renderings to the Planning and Zoning Department for approval.

 

 

William Andrew Brannan, Jr. and Sandra Brannan Bartow, c/o Crotts Realty Company of McDonough, Ga. – RZ-06-34 – District III.

 

William Andrew Brannan, Jr. and Sandra Brannan Bartow, c/o Crotts Realty Company of McDonough, Ga. request a rezoning from RA (Residential-Agricultural) to C-3 (Heavy Commercial) for property located at 1321 Jonesboro Road. The property is located in Land Lot 112 of the 6th District, consisting of 10.4+/- acres.  The request is for the development of a retail shopping center. The Zoning Advisory Board recommended approval on August 10, 2006.

 

Ms. Jessica Guinn said the request is for 10.39 acres at the southeastern corner at the intersection of North Bridges Road and Jonesboro Road to develop a 50,000 square foot showroom and warehouse for a lighting company, which will occupy about 4.88 acres of the property.  She said the remaining acreage will be reserved for future retail and restaurant developments, and the Future Land Use Map designates the property for commercial and services land uses.  Ms. Guinn said the Zoning Advisory Board recommended approval with eleven (11) conditions.

 

Mr. Mike Crotts, representing the applicants, stated he has worked with the DOT in acquiring a deviant cut at North Bridges Road for the purpose of enabling the traffic in the Mount Carmel area to move along Jonesboro Road with the 4-lane to give an additional outlet for the traffic going to the interstate and avoid congestion at Mount Carmel.  He said anyone traveling east towards town would be able to go the Mount Carmel route, and those coming to the interstate, would be able to come out North Bridges. In discussions with the State, Mr. Crotts said the DOT Commissioner had indicated if the applicant acquires the right-of-way through North Bridges, the DOT would pave Bridges, as far as that project.  He said they have acquired verbal commitments from about 50% of the property-owners on Bridges Road, that they would donate the right-of-way to the County. Mr. Crotts said this is a very viable business operation that will be good for the County and for employment. 

 

Ms. Mathis said, in reviewing the conditions placed on this development by the Zoning Advisory Board, she did not see any mention of sidewalks along Jonesboro Road and Bridges Road (if it is paved and opened for traffic). 

 

Mr. Crotts said it was one of the conditions that was included by the Planning Commission, and the applicant accepted and agreed to that addition.  He said with Bridges being a dirt road, the applicant would like to see some type of a condition that the sidewalk on Bridges would not be installed until after the right-of-way has been acquired and the road is paved.

 

Vice-Chairman Adams asked for public comment in opposition to this request; there was no response.

 

Commissioner Stamey made the motion to approve the resolution with the eleven (11) conditions, and adding a 12th Condition stating, “sidewalks five (5’) foot in width will be coordinated with the right-of-way and the paving of North Bridges Road and along Jonesboro Road;” Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

 

            WHEREAS, William Andrew Brannan, Jr. and Sandra Brannan Bartow (RZ-06-34) applied to rezone the subject property from RA (Residential Agricultural) to C-3 (Heavy Commercial) for the development of a retail shopping center.  The property is located at 1321 Jonesboro Road, (Parcel ID Number 073-01-036-000) in Land Lots 112 and 113 of the 6th District, consisting of 10.4+/- 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-3 (General Commercial) on August 10, 2006.

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approves the above rezoning request with the following twelve (12) conditions:

 

1.      All buildings shall be constructed of brick, stone, stucco, glass, or any combination thereof.  The architectural design of the buildings shall be reviewed by Planning and Zoning Department.

 

2.      All signage which is not attached to a building shall be monument-based, no greater than fifteen feet (15’) in height, and shall have consistent character and design details that reflect the architectural design of the project.

 

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

 

4.      Dumpster(s) shall be gated and enclosed with a three-sided masonry wall being consistent with the façade of the building, and shall not exceed eight feet (8’) in height.

 

5.      All loading docks shall be screened from view of the adjacent properties and from public right-of-way.

 

6.      The required buffers shall be undisturbed; however, if the buffer is inadequate, additional planting shall be required to screen the development from residential uses.  The following number of plant materials shall be required for each fifty linear feet (50’), or portion thereof, of the required property buffers:

 

a.       One canopy tree

b.      One evergreen tree

c.       One understory tree

d.      Five shrubs

 

7.      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.

 

8.      Detention pond(s) shall be screened via landscaping along the perimeter of the pond, the details of which shall be included as part of the landscape plan.

 

9.      Should an entrance to the development be placed on North Bridges Road, North Bridges Road shall be paved along the site’s frontage up to Jonesboro Road and shall be to Henry County DOT standards.

 

10.  Applicant agrees to donate right-of-way along North Bridges Road to achieve forty feet (40’) of right-of-way from the centerline of North Bridges Road.

 

11.  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.

 

12.  Sidewalks five (5’) foot in width will be coordinated with the right-of-way and the paving of North Bridges Road and along Jonesboro Road.

 

 

Southern Lumber, Inc. of Stockbridge, Ga. – RZ-06-33 – District V.

 

Southern Lumber, Inc. of Stockbridge, Ga. requests a rezoning from RA (Residential-Agricultural) to C-2 (General Commercial) for property located at the southwestern corner of the intersection of Fairview Road and Danner Drive. The property is located in Land Lot 198 of the 12th District, consisting of 20.78+/- acres. The request is for the development of a commercial center. The Zoning Advisory Board recommended approval on August 10, 2006.

 

Mr. Gibson stated the applicant plans to utilize 6.13 acres for a gas station, bank, and restaurant, and the remainder of the site (14.651 acres) will be developed in the future. He said the request is consistent with the Joint Comprehensive Development Plan, which designates the property for commercial and service uses.

 

Vice-Chairman Adams asked for public comment in opposition to this request; there was no response.

 

Commissioner Holman said the applicant, Mr. Jeff Grant, is willing to donate the right-of-way and to participate in a portion of the construction.  He said if the applicant donates the right-of-way, then the County is totally responsible for all of the construction costs. He stated if there was an agreement reached, then the applicant could make some improvements.

 

Mr. McMickle stated if they donated the right-of-way to the County, then if the County makes any improvements, the County would have to bid the work out. He said if the land is not donated to the County, and the developer wishes to go ahead and develop that, he could do that entirely on his own.

 

Commissioner Holder asked if a condition could be made for the right-of-way to be donated by the developer at no cost to the County.

 

The spokesperson for the applicant stated the applicant would be agreeable in donating the right-of-way.

 

Commissioner Holman said he would like to modify condition #5, “the right-of-way is to be preserved and donated as agreed by the developer, at no cost to Henry County, for the proposed improvements per the attached concept plan for the widening of Fairview Road and realignment of West Panola Road and Danner Drive.”

 

Commissioner Holman made the motion to approve the resolution with the modification to Condition #5; Commissioner Holder seconded. The motion carried unanimously approving the following resolution:

 

WHEREAS, Southern Lumber, Inc (RZ-06-33) applied to rezone the subject property from RA (Residential-Agricultural) to C-2 (General Commercial) for the development of a gas station, a bank, and a restaurant.  The property is located at the corner of Fairview Road and Danner Drive. (Parcel ID numbers 025-04-041-000 and 025-04-029-000) in Land Lot 198 of the 12th District, consisting of 20.781 +/- 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 August 10, 2006.

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the above rezoning request with the following eight (8) conditions:

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

 

  1. Dumpster(s) shall be gated and enclosed with a masonry wall being consistent with the façade of the building.

 

  1. Entrance locations are to meet the minimum intersection sight distance for the posted speed limit.

 

  1. All buildings shall be constructed of brick, stone, glass or any combination thereof.

 

  1. The right-of-way is to be preserved and donated, at no cost to Henry County, by the developer for the proposed improvements per the concept plan (presented by the Public Works Division Director) for the widening of Fairview Road and realignment of West Panola Road and Danner Drive.

 

  1. An earthen berm at least 1.5 feet higher than the finished elevation of the parking lot shall be required, consisting of one shade tree and five shrubs for every 35 linear feet of frontage ( Max. slope on berm not to exceed 3:1)

 

  1. Applicant should coordinate with the Planning and Zoning Department on doing a master sign plan for this development.

 

  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.

 

 

FINANCE:

 

Request Authorization of a COLA for Elected and Appointed Officials.

 

WHEREAS, the Henry County Board of Commissioners approved a five (5) percent Cost Of Living Allowance (COLA) for Henry County Employees in the FY 2006-2007 budget; and

 

WHEREAS, elected and appointed officials have a salary based on State guidelines and a County supplement based on the County’s 2003 pay plan; and

 

WHEREAS, for the State-paid portions of the elected officials’ whose salary is determined by O.C.G.A. minimums, the County will use current estimated population in determining the salary; and

 

WHEREAS, the Board of Commissioners wish to provide a COLA adjustment to the County supplement at the same rate as provided to County employees; and

 

WHEREAS, the adoption of this Resolution will allow for an annual increase of the County supplement for all elected and appointed officials linked to that supplement, based on the annual and budgeted COLA percentage approved for all County employees.

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners authorizes the matching of the COLA of the elected and appointed officials listed below to the County employees’ COLA: Superior Court Judges, State Court Judges, Chief Magistrate Judge, Probate Court Judge, Juvenile Court Judges, District Attorney, Solicitor, Public Defender, Clerk of Superior Court, Sheriff, and Tax Commissioner.

 

Commissioner Mathis clarified this resolution does not include the Board of Commissioners and the elected officials.  She asked Mr. Bush to read the elected officials that it did include:

 

1.      Superior Court Judges

2.      State Court Judges

3.      Chief Magistrate Judge

4.      Probate Judge

5.      Juvenile Court Judges

6.      District Attorney

7.      Solicitor

8.      Public Defender

9.      Clerk of Superior Court

10.  Sheriff

11.  Tax Commissioner

 

Mr. Rob Magnaghi, County Manager, said this should be reviewed on an annual basis, because the digest may not allow for the general employees to have a raise. He said the Board would have to ratify any type of agreement with employees or constitutional elected officials, and it would have to be approved by the Board each year. He said it should be stated in the resolution that whatever resolution is passed, it would have to be approved by the Board of Commissioners on an annual basis.

 

Commissioner Holman made the motion to approve the resolution with the listed individuals who are affected by the COLA and added the word ‘annually’ in the “NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners authorizes the matching of the COLA annually of the elected and appointed officials listed………”

 

Mr. Patrick Jaugstetter, County Attorney, said, “my understanding is Commissioner Holder is concerned with you’re locking yourself into every year giving those people a COLA raise; but you are not, and you cannot. This Board cannot obligate next year’s Board to give anybody a raise, regardless of the terms of this resolution.”

 

Mr. Magnaghi changed the resolution where in paragraph #5, he struck the word “annual” in both places and said it does not tie in or give any insinuation. He said anything in the future would have to be brought before the Board.

 

Commissioner Holman made the motion to approve the resolution with the change in paragraph #5 as amended by the County Manager; Commissioner Mathis seconded. The motion carried 3-1-0 with Commissioners Mathis, Holman, and Stamey voting in favor, and Commissioner Holder voting against.

 

 

ASSISTANT TO THE COUNTY MANAGER:

 

Request Approval to Accept Grant From the USDA – Natural Resources Conservation Service for a Natural Resource Conservation Technician. 

 

WHEREAS, the United States Department of Agriculture (USDA), Natural Resources Conservation Service and Henry County have co-funded a Natural Resource Conservation Technician through the County Extension Service for 15 years; and

 

WHEREAS, the USDA now requires that their portion of the salary and benefits for the Technician be requested through a grant application; and

WHEREAS, the USDA portion of the package is $15,000; and

WHEREAS, the Natural Resource Conservation Technician provides technical assistance to the citizens of Henry County and conducts technical seminars and training programs for contractors and the general public.

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners authorizes the Chairman to sign the grant contract with the USDA for the Natural Resource Conservation Technician.

 

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

 

 

Adler Properties, LLC of Jonesboro, Ga. – RZ-06-30 – (Continued):

 

Ms. Guinn said for Condition #10, the recommended condition by staff is as follows: “the applicant shall provide a Transportation Warrant Study which reflects the proposed build-out condition at Jonesboro Road and Mt. Olive Road. If the intersection meets warrants for signalization, the applicant shall install a traffic signal as approved by the Georgia Department of Transportation.”  She added, “the Zoning Advisory Board recommended twelve (12) conditions, and staff has recommended one (1) additional condition.

 

There was discussion regarding the installation of a traffic signal. Commissioner Holder wanted clarification on the "installation" as he had concerns.

 

Terry McMickle, said he had concerns regarding turn lanes, and what GDOT would require in the future. The permit was worded as to if any improvements had to be make to the intersection Mr. Jones would be required to make those changes.  Mr. McMickle stated the intent is for Mr. Jones to put up the signal. If after going to GDOT anything, arose it could be brought back to the Board for consideration.

 

Commissioner Mathis asked if the study would be at the applicant’s expense. Michael Harris stated it would be at the applicant’s expense. 

 

Mr. Jones approached the Commissioners asking that two conditions be modified. There was discussion regarding a junior Olympic size swimming pool and elimination of the tennis court. 

 

Ray Gibson stated that the applicant was discussing the wrong parcel, it is a separate issue. If Mr. Jones would like to change the PD conditions, that is a separate modification of the zoning conditions.  Mr. Gibson stated that today the request is for only 4+ acres. To allow Mr. Jones to expand the apartment units, any modifications, would have to go through plan development.

 

Michael Harris stated that permits can be issued to allow the applicant to begin work, with the understanding Mr. Jones is going to bring in a modification. 

 

Commissioner Mathis made the motion to approve the applicant's request with the amendment to condition #10, as read into the record. 

 

Vice - Chairman Adams asked if there was any opposition.  There was no response.  Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

 

WHEREAS, Adler Properties, LLC (RZ-06-30) applied to rezone the subject property from C-3 (Heavy Commercial) to RM (Multiple-Family Residence) for the development of apartments.  The property is located on the south side of Jonesboro Road, east of Town Center Village Drive (Parcel ID Number 054-01-029-001) in Land Lot 110 of the 6th District, consisting of 4.64+/- 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-3 (Heavy Commercial) to RM (Multiple-Family Residence) on July 27, 2006.

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approves the above rezoning request with the following thirteen (13) conditions:

  1. All buildings constructed on the property shall be constructed of brick, stone, stucco, cement fiberboard, or any combination thereof.

 

  1. The exterior lighting within the development shall consist of downcast lighting of moderate brightness.  Where buildings are adjacent to wooded areas, lighting shall be motion sensitive.

 

  1. A minimum of 50% of the units in the development shall have attached garages.  The garages cannot be subsequently converted into residential living space and cannot be maintained solely for storage.  The garages shall be kept clear so that a minimum of one (1) vehicle may be parked in the garage at all times.

 

  1. The property shall be developed as a gated community.  The gate(s) shall be maintained and monitored at the property owner’s expense.

 

  1. A landscape plan shall be submitted and approved by the Development Plan Review Department.  The plan shall be similar to that of the villas at Eagle’s Landing or Carrington Green.

 

  1. There shall be a minimum 3,700 square foot clubhouse, a junior Olympic size pool, two (2) tennis courts, and a children’s playground, to be installed after the issuance of building permits for the first unit.

 

  1. With the exception of the recreational areas and areas to be developed, the property shall stay in its natural condition.  The detention pond shall be developed as a focal point and, should engineering permit, a fountain shall be included.

                                                                                       

  1. The final plans for the recreational areas, landscaping for the entrance and interior portions of the property, and the buffer areas shall be submitted to and approved by the Development Plan Review Department prior to building permits being issued for the development of any facility on the property.

 

  1. Sidewalks shall be required along both sides of the central avenue of the development to provide pedestrian connectivity between the RM development and the commercial pods in the adjacent Planned Development.  The central avenue is the proposed road connecting the intersection of Jonesboro Road and Mt. Olive Road to the Multiple-Family residential development.

 

  1. The applicant shall provide a Transportation Warrant Study which reflects the proposed build-out condition at Jonesboro Road and Mt. Olive Road. If the intersection meets warrants for signalization, the applicant shall install a traffic signal as approved by the Georgia Department of Transportation.

 

  1. The net density of the development shall not exceed 10.0 dwelling units per acre, and the development shall not exceed 300 units.
  2. A plat shall be provided to the Development Plan Review Department showing the apartment complex as one piece of property.

 

  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.

 

 

Request pertaining to the purchase of janitorial supplies:

 

            WHEREAS, sealed bids were solicited for the purchase of Janitorial Supplies for various Departments; and,

 

            WHEREAS, three (3) vendors submitted bids for the purchase of janitorial supplies, as indicated; and,

 

            WHEREAS, funds are available in the various departments account to purchase the needed supplies; and

 

            WHEREAS, Peoples Janitorial S&C was the overall low bidder; recommend award to Peoples Janitorial S&C as the lowest bidder and meeting bid specifications.

 

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the contract for the purchase of janitorial supplies to Peoples Janitorial S&C as a unit price contract with no fixed quantities and authorizes the Chairman to sign all necessary documents to accomplish this purchase.

 

Commissioner Holder made a motion to approve the resolution. Commissioner Holman seconded. The motion carried unanimously.

 

 

Request authorization the transfer of District 2 Special Allocation Funds from North Mt. Carmel Park to Nash Farm Battlefield Park

 

 

WHEREAS, the Board of Commissioners approved $1,400,000.00 in funding for park improvements at North Mt. Carmel Park in April, 2006; and,

 

            WHEREAS, the District 2 Special Allocation fund for North Mt. Carmel Park Project (RCC303) has $87,000.00 remaining in it; and,

 

            WHEREAS, the funds are allocated under the North Mt. Carmel Park Project since FY 02-03 for park improvements in District 2; and

 

            WHEREAS, there is a need for those funds to be used at Nash Farm Battlefield Park;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners approve and authorize the transfer of the District 2 Special Allocation funds from North Mt. Carmel Park (RCC303) to Nash Farm Battlefield Park (RCC603). All budget transfers needed to account for this transaction are hereby approved by this resolution.

 

Michael Bush gave a brief explanation of regarding Special Allocation funds.  Commissioner holder questioned if these funds were from SPLOST, Mike Bush explained these funds are not from SPLOST, they are strictly General Fund money. 

 

Commissioner Holman asked how discretionary money can sit unused for almost four years.  Commissioner Holder stated there was a resolution passed that said the funds had to be committed and spent by a certain date.  Commissioner Adams agreed.

 

Patrick Jaugstetter stated he recalled that resolution and the money had to be allocated or it would be lost. 

 

Commissioner Mathis made a motion to table this resolution to tomorrow’s agenda (9/19/06, 6:30 p.m. meeting). Commissioner Holder seconded.  The motion carried unanimously.

 

Resolution for approval to accept the donation of a log cabin and to move the cabin from Stroud Road to Nash Farm Battlefield

 

WHEREAS, a historic log cabin located on Stroud Road in McDonough has been donated by the family of Russ Abernathy for use at the historic Nash Farm Battlefield; and                  

 

WHEREAS, the cost quoted by Roy Bishop House Movers to move the log cabin is $30,000.00; and

 

            WHEREAS, the Board wishes to accept the donation of a log cabin and approve moving the cabin from Stroud Road to Nash Farm Battlefield on Jonesboro Road in McDonough; and

 

            WHEREAS, Funding is available in District 2 Special Allocations; and

 

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the donation and move of a log cabin located on Stroud Road to Nash Farm Battlefield at a cost of $30,000.00 and authorizes the Chairman of the Board to sign all necessary documents.

 

Commissioner Mathis made the motion to table this resolution until tomorrow’s meeting (9/19/06, 6:30 p.m. meeting). Commissioner Holman seconded.  The motion carried unanimously.

 

 

Approval of minutes from the September 5th Board of Commissioner Meeting.

 

Commissioner Mathis made a motion to approve the September 5th minutes. Commissioner Holman seconded.  The motion carried unanimously.

 

County Manager Comments:

 

Rob Magnaghi updated the Board on the modifications to the sign in front of the Administration Building. And some greenery will be added in the median leading to the Administration Building.  The work will be done during the next two weeks.  There is also a crosswalk being painted leading from the Administration building to the soccer fields.

 

County Attorney Comments:

 

Annexation - City of Stockbridge; Velma E. Dorsey, 608 Redbud Lane, Stockbridge; Land Lot 3 of the 12th District (Exhibit # 11)

 

Patrick Jaugstetter stated Ms. Dorsey lives in the Windsong subdivision and has requested her property be annexed into the City of Stockbridge.  Mr. Jaugstetter stated there is no action the Board needs to take. There is no change to the use of the property.

 

Public Comments:

 

Mr. Leon Forrer read a statement regarding the Brannan Landfill.

 

Upcoming Meetings

·        Monday, October 2nd @ 9:00 a.m. and Tuesday, October 3rd @ 9:00 a.m. –Regular BOC Meeting

·        Monday, October 16th @ 9:00 a.m. and October 17th  @ 6:30 p.m. – Regular BOC Meeting

 

EXECUTIVE SESSION:

 

Commissioner Holman made the motion to adjourn into Executive Session 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 Holman made the motion to reconvene into Public Session. Commissioner Stamey seconded. The motion carried unanimously.

 

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

 

Commissioner Holman made the motion to amend the agenda and approve a resolution of the Henry County Board of Commissioner to purchase real property at 1768 Old Conyers Road, Stockbridge, GA. Commissioner Holder seconded.  The motion carried unanimously.

 

Commission Stamey made the motion to adjourn the meeting, Commissioner Holman seconded the motion.  Motion carried unanimously.

 

                                                            Jason T. Harper, Chairman

 

Peggy Malcolm, Deputy County Clerk