The Henry County Board of Commissioners held a Public
Meeting at 9:00 a.m. on Monday, October 15, 2007, in the Community Room,
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;
(NOTE: Audio of this meeting is available with the
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.
Chairman Harper read the following
resolution and proclamations into the record and presented each to the respective
groups or individuals.
Resolution of the
In Support of Prescribed Fire
WHEREAS, the Henry
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
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
“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.
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
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)
THEREFORE BE IT RESOLVED BY THE
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
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,
focus is to develop and implement ways to reduce impaired driving,
speed-related injuries and fatalities, and educate the community on occupant
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
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
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 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
Bid award for the purchase and installation of shades
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
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
PLANNING & ZONING SERVICES
Brecca Sherow, Planner II, presented the agenda item to the
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
As depicted on the initial site plan submitted to staff,
the property showed road access from
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.
applicant agrees to donate 30’ of right -of-way from the existing centerline of
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
Commissioner Basler asked if there would be an emergency
Commissioner Basler asked for clarification of the number
of entrances along
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
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:
Coleman, a resident of
Mr. Bancroft displayed for the Board a site plan depicting
the four (4) lots that would front along
stated it is nothing more unsightly than looking into backyards from the
road. If there will be homes where backyards
will be along
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.
THEREFORE, BE IT RESOLVED THAT the
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).
Sidewalks shall be installed on both sides of the
internal streets and along the frontage of the development on
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.
Detention pond(s) shall be depicted on the conceptual
site plan prior to the request being heard by the
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
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
An acceleration taper/deceleration lane is required to
be constructed to
Curb cuts onto
Applicant shall be required to provide an
emergency access to the development from
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.
There should be no subdivision entrance on
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.
stated project #84 (
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.
stated on page #31, project #40 (
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.
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.
There were no comments.
COUNTY ATTORNEY COMMENTS
There were no comments.
There were no comments.
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
Chairman Harper stated the City of
A question was asked regarding
Jason T. Harper, Chairman