STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Public Meeting at 9:00 a.m. on Monday, October 15, 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; Mike Bush, Finance Director; Roy Clack, SPLOST/Capital Projects Director; Michael Harris, Planning & Zoning Services Division Director; Angie Bailey, Social Services Division Director; 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 following items:

Short Term Work Program and Capital Improvements adoption and Park Discussion

          Commissioner Mathis made the motion to accept the amended agenda; Commissioner Stamey seconded.  The motion carried unanimously.

PROCLAMATION(S)

          Chairman Harper read the following resolution and proclamations into the record and presented each to the respective groups or individuals. Commissioner Holder made the motion to approve and accept the resolution regarding prescribed fire; Commissioner Stamey seconded.  The motion carried unanimously.

 

Resolution of the

Henry County Board of Commissioners

In Support of Prescribed Fire

WHEREAS, the Henry County Board of Commissioners recognizes the use of prescribed fire provides multiple ecological and economic benefits to the public; and

          WHEREAS, prescribed fire is a land management/public safety tool in the prevention of wildfires, reduces the liability and loss of private property and saves lives while it acts as a preventive measure saving taxpayers the cost of local government public safety and fire fighting officials from responding to wildfires which consume valuable tax resources; and

          WHEREAS, prescribed fire is a priority in the implementation of the State Wildlife Action Plan to improve wildlife habitat, it assists both public and private land managers in perpetuation fire-dependent ecosystems, its dependent game and non-game species and is a tool in managing endangered species; and

          WHEREAS, prescribed fire is a valuable tool used by land managers, timber growers and the Georgia Forestry Commission in reducing hazardous fuels, reducing the risk of destructive wildfires, preparing sites for both natural and artificial forest regeneration, improving access and controlling detrimental insects and silvicultural diseases; and

          WHEREAS, the Georgia General Assembly passed the Right to Burn Act in 1992, defining prescribed fire as, “Prescribed burning means the controlled application of fire to existing vegetative fuels under specific environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a pre-determined area and accomplishes one or more planned land management objectives or to mitigate catastrophic wildfires”; and

          WHEREAS, many rural economies are dependent on the use of prescribed fire to manage for game species such as Whitetail Deer, Wild Turkey and Bobwhite Quail, whose hunting economy is vital to the State of Georgia; and

          WHEREAS, prescribed fire helps keep Georgia’s forest healthy and those forest, in return, provide clean air and clean water; and

          WHEREAS, prescribed fire practitioners contribute to the air quality of Georgia as healthy forest contribute vital ecological services as “air shed contributors”; and

          NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners supports the appropriate and continued use of prescribed fire in Georgia; and

          BE IT FURTHER RESOLVED that the Henry County Board of Commissioners supports the Georgia Forestry Commission and Georgia Department of Natural Resources continue to provide educational and technical assistance to landowners in an effort to recognize the benefits listed above; and

          BE IT FURTHER RESOLVED that the Henry County Board of Commissioners urges Air Quality Regulators to work closely with all state agencies and landowners in fair and balanced approach to smoke management.

         

Proclamation

 

“World Hospice & Palliative Care Day”

 

WHEREAS, World Hospice & Palliative Care Day is a unified day of action to celebrate and support hospice and palliative care (also known as end of life care) around the world; and

WHEREAS, the estimated number of all people dying needing palliative care annually is just over 33 million; and

WHEREAS, the vision of World Day is to increase the availability of hospice and palliative care throughout the world and to raise awareness and understanding of the needs – medical, social, practical, spiritual – of people living with life limiting diagnosis.

NOW THEREFORE, the Henry County Board of Commissioners does hereby proclaim and recognize “World Hospice & Palliative Care Day” and encourages citizens to increase their awareness of the importance and availability of hospice service and to recognize our health care professionals and volunteers for their contributions in helping provide comfort and care to those facing terminal illness.

 

PROCLAMATION

National Family Literacy Day

November 1, 2007

 

Whereas, as many as 45 million adults in this country cannot read at a level necessary to succeed in today’s society, and

Whereas, families, neighbors and volunteers in these United States must unite in promoting literacy and help those with significant literacy needs learn to read and gain independence by becoming literate, and

Whereas, when individuals learn to read they enable themselves and their families to gain self respect and confidence and reach life goals that otherwise would not be attainable, and

 Whereas, the tireless efforts of the DAR members of the Augustin Clayton Chapter National Society Daughters of the American Revolution are contributing to the success of literacy programs, and

 Whereas, the task will not be completed until all who have significant literacy needs are given an opportunity to learn to read  and this can be accomplished if communities and organizations across the nation agree to meet the literacy challenge and to promote and observe National Family Literacy Day, November 1, 2007.

Now therefore the Henry County Board of Commissioners do hereby proclaim November 1, 2007, as National Family Literacy Day.

 

PUBLIC SAFETY

Authorization to retire two Police Dogs

          Michael Sabine, Assistant County Manager, presented the agenda item to the Board.  The Henry County Police Department has successfully used Belgian Malinois canines to detect dangerous drugs within the community.  The usefulness of dogs is dependant upon the effectiveness and reliability of the canines to detect drugs and other dangerous substances.  Two of the dogs have served the community well and are becoming less effective and reliable.  The request is to retire the two dogs.

          Kia, handled by Sgt. Kevin Conner, and Luca, handled by Officer Max Justice have been replaced by two younger and more efficient Belgian Malinois.  Due to the temperament of Kia and Luca, the police departments request is to lease the two dogs to their handlers for nominal consideration (one dollar per year) for private care.

          Commissioner Mathis made the motion to approve the request; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Henry County Police Department has two Belgian Malinois dogs who have reached the end of their functional usefulness and reliability to detect dangerous drugs. The reliability in detecting these drugs is of utmost importance when presenting a case in criminal prosecution; and

 

WHEREAS, retiring Kia and Luca, the two Belgian Malinois, and replacing them with two recently acquired dogs that are younger and more efficient would continue the high proficiency of drug detection for prosecution; and

 

WHEREAS, due to the temperament of the retiring dogs, the police department desires to enter into a lease with the handlers to care and maintain the dogs; and

 

WHEREAS, the handlers will pay the county nominal consideration to effect this lease (one dollar a year)

 

NOW THEREFORE BE IT RESOLVED BY THE HENRY COUNTY BOARD OF COMMISSIONERS that the Board hereby retires Kia and Luca and enters into a lease with the handlers for the care and maintenance of the two dogs.

 

GRANTS ADMINISTRATION

Authorization to accept a grant for the H.E.A.T. DUI Task Force

          Larry Stanford, Grants Administrator presented the agenda item to the Board.  The Henry County Police Department established a Highway Enforcement of Aggressive Traffic (HEAT) DUI Task Force in 2005 with the assistance of a grant from the Governor’s Office of Highway Safety.  Grants have been received for the last two years to continue the program, and this will be the fourth year the County has received a Governor’s Office of Highway Safety grant for the HEAT program.

          The sole purpose of the HEAT Unit is strict enforcement of Georgia’s DUI laws, traffic laws, and occupant safety laws.  Their focus is to develop and implement ways to reduce impaired driving, speed-related injuries and fatalities, and educate the community on occupant safety within Henry County.

          The $111,900 grant will be used to pay the salaries and benefits of two of the four officers, for training, and for maintenance of the HEAT Task Force equipment.

          The grant is funded through the Governor’s Office of Highway Safety, and there is a 20% match required.  The matching funds of $27,980, brings the total grant amount to $139,880 and the matching funds are available.  The request is for authorization to accept the grant and approve all budget amendments.

          Commissioner Stamey made the motion to accept the grant; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Henry County Police Department established a Highway Enforcement of Aggressive Traffic (H.E.A.T.) DUI Task Force in 2005 and has maintained it for the last three years with the assistance of a Governor’s Office of Highway Safety (GOHS) grant ; and,

WHEREAS, the four officers in the Task Force are used solely for the purpose of strict enforcement of Georgia’s DUI laws, traffic laws, and occupant safety laws; and,

WHEREAS, their focus is to develop and implement ways to reduce impaired driving, speed-related injuries and fatalities, and educate the community on occupant safety within Henry County; and,

WHEREAS, Henry County has been awarded another GOHS grant of $111,900.00 for the HEAT program; and,

WHEREAS, there is a 20 percent match of $27,980.00 required for this grant, bringing the total amount of grant funding to $139,880.00; and,

WHEREAS, match funds are available;

NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners authorizes the acceptance of the Governor’s Office of Highway Safety grant and authorizes the Chairman to sign the grant contract and amend the budget based on the grant amount.

 Authorization to accept a Council of Juvenile Court Judges Grant for Juveniles in the court system

          Larry Stanford, Grants Administrator presented the agenda item to the Board.  The Council of Juvenile Court Judges of Georgia provides grant awards for various counties throughout the State.  Henry County has been a recipient of these funds for the last 10 years.  These funds are primarily used to provide psychological and psychosexual evaluations for juvenile offenders and at risk youth so that the courts may have more accurate information to assist in the rehabilitation and betterment of the child, based on individual need.  There are no matching funds required for the award.  The request is for authorization to accept a $7,500 purchase of services grant and to amend the budget.

          Commissioner Mathis made the motion to approve acceptance of the grant and budget amendment; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Henry County Juvenile Court provides psychological and psychosexual evaluations of juveniles in the court system; and,

 

WHEREAS, the evaluations are provided through contract services; and,

 

WHEREAS, the Council of Juvenile Court Judges awarded Henry County a $7,500.00 grant for the purchase of such contract services in September, 2007; and,

 

WHEREAS, there are no matching funds required for this grant;

 

NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners authorizes the acceptance of the Council of Juvenile Court Judges $7,500.00 grant and authorizes the Chairman to sign the grant contract and amend the budget based on the grant amount.

 

SOCIAL SERVICES

Bid award for the purchase and installation of shades for the Heritage Senior Center Dining Room Windows

          Angie Bailey, Social Services Division Director, presented the agenda item to the Board.  Due to the number of long, open windows on both sides of the Heritage Senior Center Dining Room, the Senior Center Staff has acknowledged for sometime that shades were needed.  Bids were solicited and sent to five (5) vendors and two (2) bid quotes were received.  Staff did inquire as to why other vendors did not submit bids and it was stated due to the size of the custom shades they could not provide the needed service.  Staff recommended the bid be awarded to the lowest bidder in the amount of $11,449.

          Commissioner Holder noted that there was a response that the quote does not include any changes to the junction boxes or lights; was this service included in the bid by the lowest bidder?  Mrs. Bailey stated that both vendors did bid on the same bid and it was the understanding that the county’s Building Maintenance Department would provide this service.

          Commissioner Stamey made the motion to award the bid to Venetian Blind Service as the low bidder for this project; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, a need exists to provide shades for the windows in the dining room of the Heritage Senior Center; and,

 

          WHEREAS, funds have been identified and allocated through the small equipment budgeted line item; and,

 

          WHEREAS, Venetian Blind Service provided the lowest bid of $11,449.00 as verified by the Procurement Department during the bid process;

 

          NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid No. WB-08-030-1 to Venetian Blind Service in the amount of $11,449.00 to complete the purchase and installation of shades for the Heritage Senior Center dining room, and hereby authorizes the Chairman to execute appropriate documentation to accomplish this purchase.

PLANNING & ZONING SERVICES

Kellytown Road, LLC of Stockbridge, GA – RA-07-15

Brecca Sherow, Planner II, presented the agenda item to the Board.  Kelleytown Road, LLC of Stockbridge, GA requested a rezoning from RA (Residential-Agricultural) to R-2 (Single-Family Residence) for property located on the south side of Kelleytown Road, west of Pleasant Grove Road.  The property is located in Land Lot 72 of the 11th District, consisting of 88.350+/- acres.  The request was for the development of a residential subdivision.  The Zoning Advisory Board recommended Denial on July 12, 2007. This item was postponed by Staff at the August 21, 2007 BOC meeting.

The proposed development will consist of ninety-two (92) lots with a minimum lot size of 30,000 square feet on septic and a net density of 1.12 dwelling units per acre.  The subject property is located on the south side of Kellytown Road and west of Pleasant Grove Road and is also north of the Brook Hollow Subdivision and Kellytown Woods Subdivision both zoned R-2.

As depicted on the initial site plan submitted to staff, the property showed road access from Kellytown Road as well as Pleasant Grove Road.  The Zoning Advisory Board recommended denial with a recommendation to the Board of Commissioners for R-1 with conditions should they deem it appropriate.  Also the ZAB suggested that a town hall meeting be scheduled with the community. 

The site plan was modified following two town hall meetings to show R-1 zoning with sixty-one (61), one acre lots with a proposed net density of .76 dwelling units per acre and heated floor space of 2,600 square feet with the building material consist with two of the following on each side:  Brick, Stone or Cement Fiberboard. 

The Future Land Use Map depicts the subject property as Residential Agricultural Land Uses at up to one (1) dwelling unit per acre which is appropriate for RA and R-1 subdivisions.  The proposed Future Land Use Map depicts the subject property for Rural Residential land uses with a one (1) acre minimum.  The following conditions were removed for the original resolution:

2.     All lots shall front interior to the subdivision.

20.  The applicant agrees to donate 30’ of right -of-way from the existing centerline of Pleasant Grove Road.

Commissioner Stamey asked for the minimum square footage for the lots on the modified site plan.  Ms. Sherow stated one acre minimum.  The site plan does not show any homes facing Kellytown Road nor Pleasant Grove Road but the applicant would like to make a request to allow this at the Boards discretion. 

Commissioner Mathis asked for clarification that the difference in an R-2 30,000 square foot and R-1 30,000 square foot is the lot width.  Ms. Sherow stated that was correct, the lot width, lot size and setbacks are similar.  The square footage is the same with different lot widths.

Commissioners Holder asked for the lot width for RA.  Ms. Sherow stated the lot width for RA is 175 feet and for this plan it showed 135 feet on some lots and 150 feet.  The minimum according to the Ordinance is 150 feet and the minimum on the plan is 135 feet.

Michael Harris clarified that there are differences in the lot sizes for R-1 and R-2 land uses. 

Georgia Bancroft represented the property owners.  Mr. Bancroft clarified the issue regarding the creek area within the development.  There will be a walking path, one pavilion possible two and there will be approximately 10.2 acres of greenspace as amenities.  Eight (8) acres will be used in road frontage and roads; the balance will be used within the lots.  20% of the property is used for greenspace and roads.  All recommendations of the Planning & Zoning Department have been met. 

Mr. Bancroft stated he was in agreement with the R-1 recommendation with the proposed conditions.

Commissioner Basler asked if the applicant’s intent was to change condition #2.  Mr. Bancroft stated if possible the applicant would like the opportunity to explore having four (4) lots front onto Kellytown Road.

Commissioner Basler asked if there would be an emergency entrance on Pleasant Grove Road.  Mr. Bancroft stated as required by County Code.  Staff stated that is indicated in condition #14.

Commissioner Basler asked for clarification of the number of entrances along Kellytown Road.  Mr. Bancroft stated as designed there will only be one if the Board denies the request to have four (4) lots to front Kellytown Road.  The main entrance is the only one along Kellytown Road, directly across from Kellytown Woods’s entrance.

Commissioner Mathis asked if it would be a violation of the subdivision ordinance to have the four (4) lots to front onto Kellytown Road.  Ms. Sherow responded the Code states that a sub-divider may be required to have the lots front onto a local or collector road and it would be at the discretion of the Board to approve the request.

Commissioner Mathis stated another concern was only having one entrance to the subdivision.  As traffic increases in the area it has been determined that one entrance/exit was not adequate.

Mr. Bancroft stated they tried to address that with the secondary entrance onto Pleasant Grove Road.  That can’t be done and the requirement to have entrances across from existing curb cuts has restricted them also.  It is not known where a second entrance could be placed.

Commissioner Mathis asked for confirmation that there would be a variance request for the lot widths.  Ms. Sherow stated yes, it would be handled administratively.

Chairman Harper called for public comments from anyone wishing to speak in opposition to the rezoning request.  Those speaking in opposition were:

·        Jim Coleman, a resident of Henry County who lives on Wedgefield Drive.

Mr. Bancroft displayed for the Board a site plan depicting the four (4) lots that would front along Kellytown Road.

 Chairman Harper stated it is nothing more unsightly than looking into backyards from the road.  If there will be homes where backyards will be along Kellytown Road, it would not be unheard of to install some type of privacy fence, but it should be at a minimum, heavily vegetated.

Commissioner Basler made the motion to deny the request for R-2 and approve an R-1 rezoning; Commissioner Bowman seconded.  The motion carried 4-1-0 with Commissioner Mathis in opposition.  The following conditions were approved.

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners denies the rezoning request for R-2 and approves R-1 (Single-Family Residence) with the following conditions:

 

                                                           1.      There shall be a mandatory Homeowner’s Association to maintain the open space area(s). 

 

                                                           2.      All lots shall front interior to the subdivision.

 

                                                           3.      All homes shall be built on-site (no modular or manufactured homes).

 

                                                           4.      Sidewalks shall be installed on both sides of the internal streets and along the frontage of the development on Kelleytown Road.

 

                                                           5.      All yards shall be sodded to the rear drip line of the homes.

 

                                                           6.      Underground utilities and streetlights shall be required.

 

                                                           7.      The development shall have uniform mailboxes throughout.

 

                                                           8.      A fifty foot (50’) undisturbed vegetative buffer and twenty-five foot (25’) impervious   surface buffer are required on both sides of the creek.

 

                                                           9.      Detention pond(s) shall be depicted on the conceptual site plan prior to the request being heard by the Henry County Board of Commissioners.

 

 

                                                      10.      There shall be a twenty foot (20’) wide vegetative buffer to serve as a visual screen between Kelleytown Road and the lots abutting the right-of-way of Kelleytown Road, and between     Pleasant Grove Road and the lots abutting the right-of-way of Pleasant Grove Road.. If the existing vegetation is inadequate, as determined by Planning Staff, the  following number of plant materials shall be required to be planted 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

 

                                                      11.      The applicant shall coordinate with SPLOST to preserve/donate right-of-way along the site’s frontage to provide 60’ right-of-way from the existing centerline to the site’s side on Kelleytown Road, should Kelleytown Road be widened to a four-lane highway. 

 

                                                      12.      An acceleration taper/deceleration lane is required to be constructed to Henry County DOT standards.

 

                                                      13.      Curb cuts onto Kelleytown Road should be aligned directly across from existing curbs (within Kelleytown Woods subdivision) or shall be spaced to provide a minimum of 230’ offset.  All curb cuts shall be located such that the minimum intersection sight distance is met per the posted speed limit.

 

                                                      14.      Applicant shall be required to provide an emergency access to the development from Kelleytown Road or Pleasant Grove Road as prescribed by the International Fire Code, Section 503.1.2.

 

                                                      15.      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 other applicable codes.

 

                                                      16.      There should be no subdivision entrance on Pleasant Grove Road.

 

                                                      17.      The net density of the subdivision should not exceed 1.0 dwelling unit per acre.

 

                                                      18.      The minimum house size shall be 2,600 square feet of heated floor space.

 

                                                      19.      The exterior of homes shall be constructed of a combination of two of the following: brick, stone, or cement fiber board.

Authorization to submit the Short Term Work Program and Capital Improvements adoption resolution to the Atlanta Regional Commission

          Michael Harris, Planning and Zoning Services Division Director, presented the agenda item to the Board.  The request is for adoption of the Short Term Work Program and Capital Improvements.  This is the annual update to the list of programs.  Staff has worked with various departments to compile the list.  The program reflects the short term plans thru June 30, 2007.  The Board originally reviewed the list in August and it was forwarded to the Department of Community Affairs for review.  A letter was received from the Atlanta Regional Commission that indicated they reviewed the plan and they found it was acceptable and meets all the minimum plan requirements.  To maintain the qualifying level of government status the plan has to be submitted by October 31, 2007.

          Commissioner Mathis asked if there were some projects that are given completion dates that it is known that they will not be completed in the year assigned. Mr. Harris stated in previous years, it may have been a desire of the department and as time has gone forward it has become unfeasible.  So during the regular accomplishments, the projects were listed again and the actual status is given and reflected in the next report.

          Commissioner Mathis stated project #84 (Mt. Carmel and South Mt. Carmel Roads: turning lanes and traffic signal) the cost estimate is undermined and the funding source is private funds and asked for clarification.  Mr. Harris stated the project appeared on a list at some time and this may be one that will be revisited. 

          Commissioner Mathis stated her concern was that the list is not misleading nor misinterpreted by the public.  Mr. Harris stated the list is not financially binding in anyway. 

          Commissioner Mathis stated on page #22, project #220 (Adopt a wide {at least 200 feet} undisturbed buffer standard at the edge of the interstate right-of-way) is designated in the year 2009.  Her concern is that if a buffer is being considered along Interstate-75 and its being projected in 2009, there won’t be anything left on the interstate to create a buffer.  Mr. Harris stated this is something that staff would be working with the State to determine the exact limits and the exact locations.  This generated from discussion of the need to have a plan to establish a buffer along the Interstate and to come up with a time frame of when to pursue that. 

          Commissioner Mathis stated on page #31, project #40 (Jonesboro Road widening, I-75 to Southern RR in McDonough {2-4 divided median}) depicts that this is not a county project and that GaDOT is the funding source.  This may not be entirely true; $8 million dollars was transferred from another project.  Mr. Terry McMickle stated it was still GaDOT funds slated for Henry County.  It was ARC funds designated to be spent in Henry County.  It wasn’t general fund or SPLOST funds.

          Commissioner Stamey stated on page #13, project #114 (SR 20/Lawrenceville Street: Intersection and Signalization) indicates the project is a SPLOST project with a completion date of 2010.  This project was not identified by the county; was it a city project?  Mr. McMickle stated the cities identified there projects in a very broad way and he was not sure it had been identified as a SPLOST project.  It was recommended by the SPLOST committee as a possible project for the City of McDonough.

          Commissioner Stamey requested staff to contact the City of McDonough to determine if they have identified the project and if this is confirmed the project will remain on the list; if not it should be removed.

          Brenda Padovani, a resident of the county, stated her concerns regarding the SR 20/Lawrenceville Street intersection and the need for a traffic signal at the intersection.

          Chairman Harper called for public comments from anyone wishing to speak regarding the agenda item; there was no response.

          Commissioner Mathis stated on page 14 project #129 (Farmer-Jonesboro to North Mt. Carmel: Dirt Road Paving) that road will be cul-de-sac and left as is.  On page 15 project #132 (Fields - South Mt. Carmel to Chambers: Dirt Road Construction) is listed as a SPLOST Project; this project was proposed but never designated to be completed. On page 15 project #134 (Floyd – End of Pavement to Spalding County: Dirt Road Construction) there is a possibility this project could be done but Commissioner Mathis stated she would not want to put it on the list and it doesn’t happen. 

          Commissioner Mathis made the motion to approve the resolution and before it’s transmitted staff meet with each Commissioner that has dirt road projects listed and confirm the completion dates are accurately reflected and adjustments made and also confirm with the City of McDonough that they have identified the project mentioned (page #13, project #114- SR 20/Lawrenceville Street: Intersection and Signalization) and if this is confirmed, the project will remain on the list; if not it should be removed; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Henry County, Georgia has prepared an annual update to a Capital Improvements Element and Short Term Work Program; and

 

WHEREAS, the annual update of the Capital Improvements Element and Short Term Work Program was prepared in accordance with the Development Impact Fee Compliance Requirements and the Minimum Planning Standards and Procedures for Local Comprehensive Planning established by the Georgia Planning Act of 1989, and a Public Hearing was held on August 6, 2007 and on October 15, 2007 in The Henry County Administration Building Community Meeting Room;

 

BE IT THEREFORE RESOLVED, that the Henry County Board of Commissioners does hereby adopt the annual update of the Capital Improvements Element and Short Term Work Program covering the five-year period 2007-2011 and authorize the Henry County Planning and Zoning Department to transmit this adoption resolution the Atlanta Regional Commission and Georgia Department of Community Affairs as required by the Georgia Planning Act of 1989.

          BE IT FURTHER RESOLVED, that before transmittal, staff will meet with each Commissioner that has dirt road projects listed and confirm that the completion dates are accurately reflected and adjustments made and also confirm with the City of McDonough that they have identified the project mentioned (page #13, project #114- SR 20/Lawrenceville Street: Intersection and Signalization) and if this is confirmed the project will remain on the list; if not it should be removed.

COUNTY MANAGER COMMENTS

          There were no comments.

COUNTY ATTORNEY COMMENTS

          There were no comments.

PUBLIC COMMENTS

          There were no comments.

UPCOMING MEETINGS:

                 1.      Tuesday, October 16th @ 6:30 p.m., Regular BOC meeting

                 2.      Monday, November 5th and Tuesday, November 6th @ 9:00 a.m., Regular BOC meeting

                 3.      Monday November 19th @ 9:00 a.m. and Tuesday, November 20th at 6:30 p.m., Regular BOC meeting

EXECUTIVE SESSION

Commissioner Stamey 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 Basler seconded.  The motion carried unanimously.

 

(Executive Session was held.)

 

Commissioner Holder made the motion to reconvene into Public Session; Commissioner Mathis seconded.  The motion carried unanimously.

Commissioner Mathis made the motion to approve the affidavit and resolution pertaining to executive session; Commissioner Stamey seconded.  The motion carried unanimously.

Commissioner Mathis made the motion to amend the agenda out of public necessity and to approve a resolution opposing the eastward expansion of the runway at Tara Field; Commissioner Stamey seconded.  The motion carried unanimously.

PARK DISCUSSION

          Chairman Harper stated the City of McDonough sent a request that the City Council would approve the sale of beer and/or wine at Heritage Park if a letter of authorization/approval was submitted by the Board of Commissioners.

Commissioner Stamey made the motion to deny the request to submit a letter to the City of McDonough authorizing the consumption of alcoholic beverages at an event scheduled for October 20, 2007, at the Heritage Event Center; Commissioner Bowman seconded.  The motion carried unanimously.

A question was asked regarding Avalon Park and the sale of beer and/or wine for events at that park.  Chairman Harper stated Avalon Park is not owned by Henry County, it is a city park and the event planned in October is not being planned by the County.

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

                                                                   Jason T. Harper, Chairman

Shay Mathis, County Clerk