STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Public Meeting at 6:30 p.m. on Tuesday, September 25, 2007, in the Community Room, County Administration Building, 140 Henry Parkway, McDonough, Georgia.  Notice of this meeting was posted in the entrance foyer of the County Administration Building. The Daily Herald was notified of this meeting. Those present were:

 

          Jason T. Harper, Chairman,

          Warren E. Holder, District I Commissioner

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

          Randy Stamey, District III Commissioner

          Reid A. Bowman, District IV Commissioner

          Johnny B. Basler, District V Commissioner

 

Also attending were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Phyllis Shrader, Deputy County Manager; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant County Manager; and others.

 

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

Chairman Harper called the meeting to order and amended the agenda to add the Adoption of a proposed SPLOST III List and called for an acceptance of the amended agenda.  Commissioner Mathis made the motion to approve the amended agenda; Commissioner Stamey seconded.  The motion carried unanimously.

          Chairman Harper announced the following agenda item was removed per staff’s request and would not be heard:

BUSINESS LICENSE:

Jones Towing of Ellenwood, GA requests a business license for a proposed impound lot to be located at 1518 Highway 3.  The property is located in Land Lot 218 of the 6th District.  The request is to allow for a wrecker service impound lot within the M-1 (Light Manufacturing) zoning district.  District 2

          Chairman Harper announced that the Henry County Legislative Delegation planned a Town Hall meeting and apologized in advance that some of the Commissioners would not be able to attend the meeting due to the quick notice.  Chairman Harper stated his position and knowledge having gone through the process of the roads priority.  The issue as it has been questioned many times, there seems to be misinterpretation based on his opinion that the Jodeco Road Bridge can be switched for the I-75 Widening through Henry County to Highway 155.  Having been on the ARC Board the Chairman stated he has been a part of the Regional Transportation Plan development and very much would like both projects.  The information that the Chairman had is the Jodeco Road Bridge project is $40 million dollars and the I-75 Widening project is $140 million dollars therefore we can’t trade one for the other without there being a budget deficit of $100 million dollars.  The second problem is the Georgia Department of Transportation (GADOT) Board adopted a resolution in June that they will not fund anymore capacity lanes that are not already authorized.  There are no toll lanes in the State of Georgia; Henry County would be the first to have one lane of the interstate tolled so that leaves HOV lanes.  The information given to the Chairman is the GADOT policy is the HOV lanes will not be built unless they are contiguous and are touching existing HOV lanes to make a network.  The HOV lanes on I-75 stop at I-285 near the Fulton/Clayton Counties line and Aviation Boulevard.  After research, the earliest the State can constructed the HOV Lanes from Aviation Boulevard to Henry County is the year 2014.  That is the same year the Transportation Plan has for the widening of I-75 through Henry County and that makes it contiguous and on schedule.  The Jodeco Bridge project is scheduled to begin in 2009.  Due to Senator Douglas and Representative Lunsford’s efforts, Henry County will get an Auxiliary Lane on I-75 in the year 2008.  Construction will begin from the I-75 interchange at I-675 to Eagle’s Landing Parkway. 

          This is the position that the Board of Commissioners has been faced with.  Dollar for dollar, the projects could not be traded because it’s not the same amount funding.  Chairman Harper stated he has been in the fight to try and preserve both projects but the way it appears now, the State does not have enough funding for the $140 million dollar I-75 widening, and if the funding was available the HOV lanes would not be contiguous. Chairman Harper stated he wanted Senator Douglas (who was present at the meeting) to know his position on the topic for the town hall meeting in case someone asked that question.

          Senator John Douglas stated it is important to realize that there are two distinct funding sources that can not be mixed together; the bridge funding and the widening of I-75 funding.  It’s not an either/or, Henry County will get both, it’s just a matter of time.  Senator Douglas stated his position is that it’s vital to the economic well being of the county to widen I-75; it has to happen.  Whatever it takes to do that, whether it is to improve the Jodeco Road Bridge or bring the HOV Lanes south from the Clayton County then that’s what needs to be done so that I-75 can be widened to relieve some of the bottleneck traffic.  Senator Douglas stated he had a fundamental philosophical problem with toll lanes and toll roads but has no problem with bringing the HOV lanes as far south as possible. 

          Chairman Harper stated he agreed with Senator Douglas and his position is to fight for both projects and fight on more than one front.  It is not fair to the citizens of Henry County that we have to forfeit county specific projects to pay for something that people from other states are using (I-75) and because of the design of the interstate that causes the bottleneck traffic in Henry County.  The Federal and State Governments need to share in the responsibility to fix the problem.  In October, 2008 there will be a call for projects in the next Federal Appropriations Bill for transportation and the Chairman will travel to Washington and put in Henry County’s request to improve the I-675/I-75 interchange and to add the lanes.

PRESENTATION

Senator John Douglas to present the Board of Commissioners with a donation from the Department of Community Affairs for Nash Farm Battlefield

Senator Douglas stated he had two checks to present.  There are local assistance projects funds budgeted yearly and the Senators are authorized $100,000.00 each.  Senator Douglas stated he has received $200,000.00 during his two sessions and approximately $130,000.00 has come to Henry County.

Senator Douglas presented a check in the amount of $10,000 in addition to the $25,000 presented last year to the Board of the Nash Farm Battlefield.  The $25,000 last year was for the archeological dig and the $10,000 presented at this meeting is for building improvements at Nash Farm Battlefield.

Senator Douglas also presented a check in the amount of $20,000 in addition to the $40,000 presented last year to the Police Department.  The $20,000 is to install video cameras in the police cars.

SPLOST / CAPITAL PROJECTS

Resolution requesting authorization to award bid for modifications to the existing fire sprinkler system at the Government Annex Police/Fire administration space

          Roy Clack, SPLOST/Capital Projects Director, presented the agenda item to the Board.  The request is to modify the existing fire sprinkler system to fit the various offices within the police/fire administration space.  Bids were solicited and one vendor responded with an amount of $65,730 to completely renovate and re-install the sprinkler system to fit the needs.

          Commissioner Stamey made the motion to approve the request and award the bid to AT & T Sprinkler Company, Inc; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Government Annex renovation is in progress; and

WHEREAS, sealed bids were solicited for modifications to the existing fire sprinkler system; and

          WHEREAS, one lone bid was received; and

          WHEREAS, funding for this budget amendment is available in the Government Annex account; and

          WHEREAS, Staff recommends the lone bidder, AT&T Sprinkler Co., Inc. in the amount of $65,730.00; and

          NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the proposal of AT&T Sprinkler Co., Inc and authorizes the Chairman of the Board to sign all necessary documents for the modifications to the fire sprinkler system at the Government Annex.  All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

Adopting of a proposed SPLOST III List

          Chairman Harper stated the Board has met for days regarding the SPLOST III projects list.  Presented to the Board was a list of Capital Projects proposed for the SPLOST III Program and the list of Roads, Streets and Bridge Improvements which shall include without limitations the following listed projects. 

          Commissioner Holder commented on concerns he had with the documents that were presented.  He stated the Board must adopt a budget to go along with the specific projects because if not, it’s totally misleading.  The budget will work, it’s worked before in other SPLOST Programs until you are the third or fourth project on the list and all of a sudden there are no funds to fund the other projects.  Where does the money then come from; from other sources or other districts?  A budget has to be established.

          Chairman Harper stated he wished every registered voter could sit in the commission seats to adopt the list because it doesn’t matter what the Board does today a letter will be written that the Board should have adopted a budget and one written to say we should not have adopted a budget.  Commissioner Holder makes a good point but the Chairman stated he has been a part of two SPLOST Ballots, one that was passed and one that was defeated.  The current SPLSOT Program (SPLOST II) the capital projects have been completed but not all the road projects.  The reason for not completing the road projects is because the costs of asphalt, concrete and oil have increased.  If a budget is placed with the project list proposed at this meeting, when the program ends in seven years the budget associated today will not be the cost seven years from now.  The Board estimates today what the project will cost when construction begins.  No one is trying to be deceitful; there are a lot of unknowns that make if difficult to prepare an accurate budget for the projects.  The Board is attempting to try and estimate how much money the SPLOST III Program will generate; the Board doesn’t know that amount for certain.  How do you come up with projects when it’s not known for certain the income?  A conservative budget was done based on the collection of $240 million.  It’s anticipated that more will be collected and the Board listed the possibility of adding projects.  It’s been stated that when you add the possibility of more projects you are just adding the ability to add pet projects.  No it’s not, if ten projects are listed and there was enough collected to do twelve, what do we do if the extra two projects are not listed.  The projects have to be listed and have the ability to complete them.  It’s a very hard balancing act.

          Chairman Harper stated the Board has tried to accurately estimate how much will be collected.  The voters have been told there will be capital projects, road improvements, paving of dirt roads, bridge replacements and repairs and signalizations.  There will be park improvements and senior centers.  The Board has tried to be as specific as they can.  The proposed list shows the actual projects so the citizens will know exactly what the Board has proposed.  Staff and the experts that were hired have assisted in giving best estimates on cost for the projects and the Board has done their best to match the two.  It is not known how much money will be collected in the next six years and the cost of inflation is unknown so it’s a balancing act.  There is no sinister motive among the Board in formulating the proposed list.

          Chairman Harper read the following list into the record:

Henry County Board of Commissioners

Listing of Capital Projects

CAPITAL BUILDINGS (NEW CONSTRUCTION)

Senior CenterHampton

Senior Center – Locust Grove

Domestic Violence Shelter

Correctional Facility (Phase II)

Parking Deck – Courthouse Area

Civic Center/Performing Arts Center

CAPITAL BUILDINGS (PUBLIC SAFETY)

Replacement Fire Stations:

Station #2 – Locust Grove

Station #8 – Flippen Road

Station #9 – City of Stockbridge

Emergency Operations Center

CAPITAL BUILDINGS (LIBRARY)

Hampton Library

PARK IMPROVEMENT PROJECTS

Recreation Center (Northern Part of County)

Recreation Center (West of Interstate 75)

Recreation Center Expansion (Southern Part of County)

Soccer Complex

Moseley Park Improvements

South Cedar Park Improvements

Sandy Ridge Park Improvements

N. Mt. Carmel Park Improvements

Warren Holder Park Improvements

North Forty Park Improvements

Heritage Park Improvements

LAND ACQUISTION FOR PUBLIC USE

Miscellaneous Land as needed (Greenspace, Land for Wetland Mitigation, Land for Park Expansion, Land for New Parks)

 

Henry County Board of Commissioners

Listing of Transportation Projects

Road, Street and Bridge Improvements including, without limitation, the following:

District 1

Major Transportation Projects

Bill Gardner Parkway (Interstate-75 to State Route 155)

Intersections

Bethany Road @ SR 81

Harris Drive @ SR 42

Kingsmill @ SR 42

Keys Ferry Road @ SR 81

Mt. Bethel Road @ SR 81

Dirt Road Paving

Mackey Road (Keys Ferry Road to Stallworth Road)

Stallsworth Road (Mackey Road to Sandy Ridge Road)

Collins Way (Peeksville Road to Henry County Water & Sewer Authority Property)

Collins Drive (Locust Grove Griffin Road to Henry County Water & Sewer Authority Property)

Peeksville Road (Old Jackson Road to New Hope Road – Right of Way Only)

South Bethany Road (Jackson Street to Price Drive West)

New Hope Road (End of Pavement to Peeksville Road)

Harris Drive (Leguin Mill Road to South Bethany Road)

South Bethany Road (Coan Drive to Philadelphia Drive)

District 2

Major Transportation Projects

Bill Gardner Parkway Design and Right of Way

Western Corridor Phase I

Hudson Bridge Road

A Parallel Connector

Highway 138 Median Landscaping

Intersections

Old Highway 3 @ SR 81

Blackhall Road @ Jodeco Road

Dirt Road Paving

Oakland Road

Pullin Road

Simpson Mill Road

Resurfacing/Federal/State & Private Joint Ventures Projects as well as Bridge replacements and improvements

District 3

Major Transportation Projects

Campground Road Extension

East Lake Road Extension Phase II

McDonough ParkwayJonesboro Road to Highway 42

Racetrack Road Extension

McDonough Parkway – SR 42 to SR 155

Intersections

Airline @ SR 20

Bethany @ SR 81

Lake Dow @ SR 81

Keys Ferry @ SR 81

Crumbley @ SR 155

Dirt Road Paving

Elliot Road

Bridge Replacements and Improvements and Resurfacing of paved roads

District 4

Major Transportation Projects

Eagles Landing Parkway

East Lake Road Extension Phase II

Rock Quarry Road Bridge over Norfolk Southern Railroad

Rock Quarry Road Widening (Eagles Landing Parkway to SR 138)

Rock Quarry Road Extension from SR 138 to East Atlanta @ Valley Hill (Design Only)

Walter Way Extension from SR 138 to SR 42 (Design Only)

Intersections

East Atlanta Road / Mays Road / Stagecoach Road

Hemphill Road @ SR 138

Banks Road @ Rock Quarry

Moseley Park Entrance @ Miller’s Mill Road

Bridge Replacement and Improvemens and Resurfacing of Paved Roads

District 5

Major Transportation Projects

Fairview Road Widening (Cook Road to Thurman Road)

Anvil Block Road Widening

 

Intersections

East Atlanta Road @ Panola Road

East Atlanta Road @ Thurman Road

Hemphill Road @ SR 138

Bridge Improvements and Replacements and Resurfacing of Paved Roads

          Chairman Harper stated the above mentioned projects are the entire SPLOST III Project List.  There is a category that says “without limitation” meaning if the money is available, additional projects will be done.  Based on the estimates, the proposed projects can be done with the amount of collections projected. 

          Commissioner Stamey asked for the record that in the event there is a Tier II List and the anticipated collection amount is received that the Board would then go to a Tier II.

          Chairman Harper stated that is what “without limitations” means.

          Commissioner Bowman made the motion to adopt the Capital Projects List and the Transportation Project List as the official SPLOST III List to correspond with the Ballot previously adopted; Commissioner Stamey seconded. 

          There was discussion regarding whether to add the estimated collection amount to the list. 

The motion carried 5-1-0 with Chairman Harper and Commissioners Mathis, Bowman, Stamey and Basler in favor and Commissioner Holder opposed.

PUBLIC SAFETY

Bid Award for the purchase of Duty Gear and Supplies for the Police Department

          Major Danny Butler, Police Department, presented the agenda item to the Board.  Sealed bids were requested for various items of duty gear and supplies and seven (7) vendors responded.  GT Distributors was the lowest most responsive bid received. 

          Commissioner Stamey made the motion to award the bid to GT Distributors; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

          WHEREAS, sealed bid (SB-08-09-080607-3) were solicited for the purchase of Duty Gear and Supplies for the Police Department; and

          WHEREAS, seven (7) vendors submitted bids for this purchase, as indicated on the attached Bid Tab; and

          WHEREAS, funds are currently available in the Police Department’s account for this commodity; and

          WHEREAS, GT Distributors of GA, Inc. has submitted the lowest and most responsive bid for the purchase of duty gear and supplies; departmental personnel recommend award to GT Distributors of GA, Inc.

          NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-08-080607-3 to GT Distributors of GA., Inc.; awards as a unit/price contract with no fixed quantities; the prices shall remain firm for the contract period.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

PUBLIC WORKS

Acceptance of State Routes during improvements to Jodeco Road/ CR 824

          Terry McMickle, Public Works Division Director, made the presentation to the Board.  To allow Federal money to be spent on I-75/ Jodeco Road Interchange it is necessary to add sections of Jodeco Road, Meadowbrook Drive and Holloway Road to the State Highway System as State Routes.  After the improvements are made, Henry County aggress to accept the roads back as county roads and to also maintain the roads. 

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

          WHEREAS, the Chairman and the Board of Commissioners (hereinafter called the County) were notified that sections of Jodeco Road, Meadowbrook Drive, and Holloway Road are being added to the State Highway System as State Routes, 1188, 1188TA, and 1188TB by an Order of the Commissioner of the Georgia Department of Transportation (hereinafter called the Department) as shown on the sketch map 3482M; and

          WHEREAS, the County and the Department agree that it is in the public interest and in the interest of all parties hereto, for the County and the Department to enter into a contract numbered 3482M wherein the County will agree to fully maintain the aforementioned roadway while designated as State Routes 1188, 1188TA and 1188TB.

          NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of said County that its Chairman is hereby authorized to execute said contract on behalf of the County; and that a copy of this Resolution be furnished to the Department.

          Commissioner Mathis made the motion to approve the State Route Acceptance Resolution; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

          WHEREAS, the Commissioners of Henry County (hereinafter called the County) are being notified that the Georgia Department of Transportation (hereinafter called the Department) intends to support preconstruction activities for the improvements of Jodeco Road/CR 824 as described in Order of the Commissioner 3482 as shown on the sketch map attached thereto; and

          WHEREAS, the County will accept for ownership, maintenance, utility accommodation, and as part of their local system, State Routes, 1188, 1188TA, 1188TB, 1188TC, 1188TD, 1188TE and 1188TF when removed from the State Highway System; and

          WHEREAS, upon execution of Order 3482, the County shall accept title ownership of State Routes 1188, 1188TA, 1188TB, 1188TC, 1188TD, 1188TE and 1188TF being removed from the State Highway System; and

          WHEREAS, the Department shall continue to retain jurisdictional authority and maintenance responsibility on the aforementioned roadways being removed from the State Highway System until the improvements referenced in Order of the Commissioner 3482 are completed; and

          WHEREAS, the advancement of this project to construction is contingent upon the execution of this Resolution

          NOW, THEREFORE, IT IS RESOLVED that the County will execute this Resolution and that a signed copy of this Resolution be furnished to the Department.

Bid award for Crushing Asphalt & Concrete Milling for DOT

          Terry McMickle, Public Works Division Director, presented the agenda item to the Board.  This item was re-bid due to dissatisfaction with the original bid.  DOT personnel recommended award to Mulliniks Recycling, Inc.

          Commissioner Holder made the motion to award the bid to Mulliniks Recycling, Inc.; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

          WHEREAS, sealed bids (SB-08-14-083107-1) were solicited to crush asphalt and concrete millings for the Department of Transportation; and

          WHEREAS, two (2) vendors submitted bids for this project, per the bid; and

          WHEREAS, funds are available in the Department of Transportation budget to complete this project; and

          WHEREAS, Mulliniks Recycling, Inc. has submitted the lowest and most responsive bid for on-site crushing of asphalt and concrete millings; departmental personnel recommend award to Mulliniks Recycling, Inc.

          NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-08-14-083107-1 to Mulliniks Recycling, Inc.; award shall be as a Unit/Price Contract with no fixed quantities; the unit prices shall remain firm for the actual quantities of asphalt and concrete that are crushed.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

Approval of Speed Humps in the Riverside Subdivision

          Terry McMickle, Public Works Division Director, presented the agenda item to the Board.  DOT staff verified the requirements of the ordinance and all requirements were met.  Staff recommended approval to allow speed humps to be installed within the Riverside Subdivision.

          Commissioner Basler made the motion to approve the speed humps; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolutions:

          WHEREAS, the residents of Riverside subdivision have signed a petition in accordance with the Henry County Speed Hump Ordinance; and

          WHEREAS, the number of residents signing the petition meets the required majority.  There are 105 properties in the subdivision and 55 affirmative votes; and

          WHEREAS, the 85th percentile speed has been confirmed to be greater than 11 miles per hour over the posted speed limit; and

          WHEREAS, the Henry County DOT staff has verified the address of those residents who signed the petition; and

          WHEREAS, the locations for the placement of the speed humps have been determined.

          NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners, authorizes the Chairman of the Board to give approval to the DOT staff to proceed with the installation of the speed humps.

PLANNING AND ZONING SERVICES

Jodeco Storage, LLC of Forest Park, GA – AP-07-08

Ray Gibson, Director of Planning and Zoning, presented the agenda item to the Board.  Jodeco Storage, LLC of Forest Park, GA, AP-07-08 appealed the denial of a variance for a proposed self-service storage facility to be located on the north side of Jodeco Road, west of Feucht Road.  The property is located in Land Lot 78 of the 6th District, consisting of 7.20+/- acres.  The request is for multiple variances.  VR-07-16 was denied on August 9, 2007 by the Zoning Advisory Board. 

The applicant is requesting numerous variances to locate a self-service storage facility on the subject property.  The following are the requested variances:

1.     To increase the maximum lot size from 5.0 acres to 7//20 +/- acres

2.     To reduce the side yard setback, from 25 feet to 20 feet

3.     To reduce the front yard setback from 75 feet to 15 feet

The site plan illustrates a two story entrance building approximately 3,200 square feet in size and will house the manager of the facility as well as the main office for the development.  In addition the remaining property will include 76,050 square feet of storage space.  Staff recommended that the applicant maintain the design and character of the two existing buildings located to the west and south of the subject property as well as the materials of the existing buildings. As part of the conditions, any part of the development that is visible to the public will be heavily vegetated and screened with Leland Cypress or American Holies. 

Commissioner Mathis asked if the subject property abuts any residential property.  Mr. Gibson stated that the subject property did abut residential property but not the subdivision Planters Walk. 

          Rob Tomasello, represented the applicant for the request to appeal.  Mr. Tomasello stated when they consulted their civil engineers they specifically planned the flag lot to be the most non-intrusive upon the community.  It was determined that the 125 feet frontage on the right of way met the 100 foot minimum required by code and also the standard and criteria for no frontage.  The other variance from 7.2 acres to 5 acres, after reading the Ordinance, it stated the minimum and maximum lot size for a self storage facility shall be a minimum of 2.5 acres and a maximum of 5 acres.  After submitting the plans, the Development Plan Review Department informed the applicant that it’s not lot size of 5 acres but the entire site can not exceed 5 acres.  Those were the two variances requested by Development Plan Review and that is what the applicant is requesting.

          Mr. Gibson clarified the self-service storage facility ordinance requires a side setback to be 25 feet and the request is to reduce that to 20 feet.

          Mr. Tomasello stated the entire facility will be enclosed with an 8 foot wall around the entire perimeter; the entire 5 acres will be surrounded by an 8 foot masonry (split face block) wall.

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

          Commissioner Mathis made the motion to approve the resolution that was a handout at the meeting amending condition #1 adding “No signage on the side of the building” also condition #7 adding “coordinate with the HCDOT in preserving the right of way for the future 4-lane of Jodeco Road and the applicant must obtain a permit from the State Department of Transportation if required”; Commissioner Bowman seconded.  The motion carried unanimously 4-0-0 (Commissioner Stamey was not present for the vote) approving the following conditions:

                 1.            The main entrance building of the development shall be constructed of brick, stone, glass, cement fiberboard or any combination thereof as illustrated in Exhibit ‘A’. The actual mini-warehouse units shall be constructed of brick, stone, glass, cement fiberboard or metal. The rear portion of the mini-warehouse units shall be constructed of brick or stone. There shall be no wall signage allowed on the buildings.

 

                 2.            The Planning & Zoning Department shall approve the proposed architectural design of the buildings prior to the issuance of a building permit.

 

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

 

                 4.            The Applicant shall erect a masonry wall, a minimum of eight feet (8’) in height, around the      perimeter of the property. The backs of the proposed mini-warehouse units can serve as the      masonry wall.

 

                 5.            A landscaping plan shall be submitted to and approved by the Planning & Zoning Department       prior to the issuance of any building permits. Enhanced landscaping shall be provided in those areas that are visible to the general public, to include Leyland Cypress or American Holly.

 

                 6.            Dumpster(s), not to exceed eight feet (8’) in height, shall be placed on a concrete pad and      enclosed on three (3) sides. The enclosure shall be constructed of brick, stone or a      combination thereof, provided it is consistent with the primary structure.

 

                 7.            Acceleration/deceleration lanes shall be installed in accordance with the standards set forth by the Henry County DOT and the Georgia DOT.  And coordinate the Henry Count DOT preserving the right of way for the future 4-lane of  Jodeco Road

 

                 8.            The mini-warehouse units shall be used solely for the dead storage of property. The following are examples of uses expressly prohibited upon the site:

a.      Auctions, commercial wholesale or retail sales, or garage sales.

b.     The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.

c.     The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

d.     The establishment of a transfer and storage business.

e.      Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.

 

                 9.     The site shall have one monument based sign not to exceed 8 feet in height, and constructed      of brick, stone or any combination thereof, and shall be in keeping with the design of the     the main entrance building.

 

             10.            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.

 

REZONING

Eagle’s Landing Family Practice of McDonough, GA – RZ-07-17

          Stacy Jordan, Chief Planner, presented the agenda item to the Board. Eagle’s Landing Family Practice of McDonough, GA requested a rezoning from RA (Residential-Agricultural) and C-1 (Neighborhood Commercial) to C-2 (General Commercial) for property located on the east side of Highway 155 N, north of East Lake Road. The property is located in Land Lots 6 and 7 of the 7th District, consisting of 6.015+/- acres.  The request is for the development of medical offices. The Zoning Advisory Board recommended approval on August 9, 2007.

          The applicant’s request is to build a 9,000 square foot medical facility toward the rear of the property and preserve the front of the property for future development for uses allowed within C-2 zoning.  The Future Land Use Map shows the front of the property as Commercial and Service land use and the rear of the property as Residential and Agricultural land use.  Planning staff recommended approval because the front of the property is already zoned and staff would prefer to not have a split zoning. 

          Lisa Head represented the applicant for the request.  The applicant is requesting a rezoning to build a medical facility.  Ms. Head indicated the applicant is in agreement with the proposed conditions.

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

          Commissioner Stamey stated there is an established 40 foot buffer along the property line that abuts East Lake Elementary and he would like for that not to be modified administratively and remain.  The applicant agreed to the request.

          Commissioner Stamey made the motion to approve the request with eleven conditions with the amendment to condition #5 adding “there shall be no administrative variances granted decreasing the buffer; Commissioner Mathis seconded.  The motion carried unanimously approving the following conditions:

 

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

2.     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.

 

3.     Road access must be approved and acquired per the Georgia Department of Transportation, as State Route 155 is a state roadway.

 

4.     Applicant shall provide vehicular interparcel connectivity on the southern and northern portions of the property to enhance vehicular access.  Interior curb-cuts into the site shall meet the Henry County Department of Transportation Standards.

 

5.     A forty foot (40’) wide buffer shall be installed along the eastern and southern eastern property lines, as they abut residentially zoned properties, per Section 3-7-192 of the County Code.  A ten foot (10’) wide perimeter landscape strip shall be installed per Section 3-7-218 of the County Code.  There shall be no administrative variances granted decreasing the buffer

 

6.     A fifty foot (50’) wide undisturbed buffer and twenty-five foot (25’) wide impervious surface buffer should be installed along both sides of the creek, in accordance with the County Code.

 

7.     Applicant should coordinate with SPLOST concerning possible road improvements to State Route 155, as part of the East Lake Extension Phase II Project.

8.     All buildings shall be constructed of brick, stone, glass or any combination thereof on all sides.

 

9.     A detailed landscaping plan shall be submitted.  The Development Plan Review Department shall have final approval of the plan prior to final plat approval.

 

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

 

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.

 

Lifetime Homes, LLC of McDonough, GA – RZ-07-18

Ray Gibson, Director of Planning & Zoning presented the agenda item to the Board. Lifetime Homes, LLC of McDonough, GA requested a rezoning from RA (Residential-Agricultural) to OI (Office/Institutional) for property located at 1494 Highway 81 E.  The property is located in Land Lot 170 of the 7th District, consisting of 1.061+/- acres.  The request is for the development of an office. The Zoning Advisory Board recommended denial on August 9, 2007.

The subject property consists of 1.06 +/- acres and is surrounded by RA zoned property.  The Future Land Use Map designates the subject property for Low Density Residential land uses.  The proposed office use would not meet that requirement.  The subject property is also within the limited development area of the Tussahaw Creek Watershed District and it states that within that district there can not be office use on septic that is less than 1.5 acres in size.

Mr. Gibson gave the Board correspondence from the Water and Sewerage Authority stating that based on the site plan they have no objections to the request to reduce the lot size to 1.06 acres.

The site plan currently depicts a single-family house with a few sheds.  The applicant’s intent is to renovate and increase the size of the structure from 1,687 square feet to 2,598 square feet.  The shed closest to Sowell Road will be used as a parking structure and the other shed will be removed. 

Commissioner Holder asked how far the accessory structure along Sowell Road is from the right of way.  Mr. Gibson stated 18 feet.  The requirement is 37.5 feet and there is a request for a variance. 

Mr. Wayne Wright was present to represent the applicant.  Mr. Wright stated the proposal is to have an office for him and his partner so there would not be high volume traffic and all water consumption would be less than residential.

After discussion regarding the impact to the watershed district and the land uses, Commissioner Holder made the motion to table the request, the applicant will be responsible for the re-advertisement fees and the letter requested by the Zoning Advisory Board be obtained by the applicant; Commissioner Stamey seconded.  The motion carried 3-2-1 with Commissioners Basler, Stamey and Holder in favor; Commissioners Mathis and Chairman Harper opposed and Commissioner Bowman abstained.

Lifetime Homes, LLC of McDonough, GA – AP-07-09

          Ray Gibson, Director of Planning & Zoning presented the agenda item to the Board.  Lifetime Homes, LLC of McDonough, GA appeals the denial of a variance for a proposed office to be located at 1494 Highway 81 E.  The property is located in Land Lot 170 of the 7th District, consisting of 1.061+/- acres.  The request is for multiple variances.  VR-07-13 was denied August 9, 2007 by the Zoning Advisory Board.

          Commissioner Holder made the motion to table the request; Commissioner Stamey seconded.  The motion carried 3-1-1 with Commissioners Holder, Stamey and Basler in favor, Commissioner Mathis opposed and Commissioner Bowman abstained.

 

COUNTY MANAGER COMMENTS

          Rob Magnaghi, County Manager, stated recently the Georgia’s Firefighters standard in training established different training requirements under the technical rescue curriculum.  Henry County is the first county in the State to certify under the new requirements.  Currently there are 35 members who are certified and this was recognized by the State.  In conjunction an instructors class was established and Lt. Michael Black is the first person that standards said has every scored a 100% on the test. 

          Also in the past there were a number of issues going on with Animal Control regarding policies and procedures.  When Gerri Dueringer was hired as the Director of Animal Control she was asked to create a policies and procedures manual.  The State of Georgia would like to take the manual that Ms. Dueringer created and use as example and share with other counties throughout the State.

COUNTY ATTORNEY COMMENTS

Agreement to provide probation services to the State Court

          Patrick Jaugstetter, County Attorney, presented the agenda item to the Board.  The request was for authorization to enter into an agreement with Sentinel Offender Services to provide probation services for State Court.  State Court prosecutes misdemeanor criminal offenses and they frequently sentence defendants to serve probation.   For a number of years State Court has contracted with Sentinel to provide those services.  There were some issues with Sentinel’s performance and rather than terminating them and searching for someone to perform the services, State Court Judges and the Solicitor recommended the Board adopt the amended agreement.  Sentinel is paid by the defendants and is at no cost to the County.  The agreement can be terminated at anytime upon sixty days notice; the previous agreement was limited to once a year.  The agreement is not exclusive.  If State Court or the Board deems it appropriate, more probation services can be provided. 

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

Authorization of an Engagement Letter for Smith, Gambrell & Russell to act as Bond Counsel for the SPLOST III Program

          Patrick Jaugstetter, County Attorney, presented the agenda item to the Board.  The request was for approval of a resolution authorizing to officially retain James P. Monacell of the law firm Smith, Gambrell & Russell as Bond Counsel with respect to any Bonds issued in connection with the SPLOST III program. 

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

Easement rights over County Property

          Patrick Jaugstetter, County Attorney, presented the agenda item to the Board.  The subject property is often referred to as the Phillips Drive Triangle that the County owns.  A developer, Tony Hiett, made a request in connection with some of his site plan approvals for the County to grant an easement to run a sewer line generally along the right of way along Windy Hill Road and along the eastern boundary of the County property.  The sewer line would be conveyed to the Water Authority and will be part of the public sewer system. 

          Michelle Jack, Engineer for the applicant.  Ms. Jack has been working on this project for approximately two years.  All options for sewer to the site have been exhausted based on depths, pump stations, gravity sewer and feasibility of construction to ocea standards.  The sewer is too deep along Head Lane and Phillips Drive and Henry County said no.  The second option was to tie into an existing pump station at Alpha Tire and that is no longer allowed.  A letter was read from the Henry County Water and Sewerage Authority. 

          Terry McMickle, Public Works Division Director, commented that staff coordinate and review with the Water Authority the lines will be deep enough and big enough to serve the county property as well.

          Commissioner Holder made the motion to grant the request for easement rights in the sum of $1.00 over County property with review by county staff and the Henry County Water & Sewerage Authority that size and depth of lines are compatible with uses for the county property; Commissioner Bowman seconded.   Commissioner Mathis commented should there be anything within the agreement regarding the improvements to Phillips Drive.  Mr. Jaugstetter stated he would include the language in the agreement.  The motion carried unanimously. 

Condemnation of property necessary for construction of roads and road improvements

          Patrick Jaugstetter, County Attorney, presented the agenda item to the Board.  The SPLOST department is in the process of constructing improvements to sections of Fairview and Thurman Roads.  The request is for acquisition of 0.268 acres of land more ore less and 0.055 acres of permanent easement more or less in Land Lots 189 and 190 of the 12th District.

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

 

 

Execution of an amendment to the 2007 SPLOST Intergovernmental Agreement

          Patrick Jaugstetter, County Attorney, presented the agenda item to the Board.  On June 14th Henry County entered into an Intergovernmental Agreement with the Cities of Hampton, Locust Grove, McDonough and Stockbridge regarding the distribution of SPLOST III proceeds.  Exhibits “B” through “E” of said Intergovernmental Agreement set forth the projects and estimated budgets of SPLOST projects to be undertaken by the Cities in the event the SPLOST III Referendum is approved by the voters.  The Cities have amended their proposed projects and budgets in accordance with the $300,000,000 estimated SPLOST proceeds.  The request is for approval of the amendment to the 2007 SPLOST Intergovernmental Agreement to attach Exhibit “A” regarding the Henry County projects. 

          Commissioner Mathis made the motion to approve the request; Commissioner Bowman seconded.  The motion carried 5-1 with Commissioners Mathis, Basler, Stamey, Bowman and Chairman Harper in favor and Commissioner Holder opposed.

PUBLIC COMMENTS

          There were no comments.

UPCOMING MEETINGS

                       1.      Monday, October 1st and Tuesday October 2nd  @ 9:00 a.m., Regular BOC meeting

                       2.      Monday, October 15th @ 9:00 a.m. and Tuesday, October 16th @ 6:30 p.m., Regular BOC meeting

EXECUTIVE SESSION

          No executive session was held.

ADJOURNMENT

          Commissioner Stsamey made the motion to adjourn; Commissioner Basler seconded.  The motion carried unanimously.

 

                                                                                                          Jason T. Harper, Chairman

 

Shay Mathis, County Clerk