STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a regularly scheduled Public Meeting at 6:30 p.m. on Tuesday, October 17, 2006, in the Community Room, County Administration Building, 140 Henry Parkway, McDonough, Georgia.  Notice of this meeting was posted in the entrance foyer of the County Administration Building. The Daily Herald was notified of this meeting. Those present were:

 

            Jason T. Harper, Chairman, (Absent)

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

            Warren E. Holder, District I Commissioner

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

            Randy Stamey, District III Commissioner

            Lee Holman, District V Commissioner

 

Also attending were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Michael Harris, Planning and Development Division Director; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant to the County Manager; Roy Clack, SPLOST/Capital Projects Director; and others.

 

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

 

Vice-Chairman Adams announced Chairman Harper was hospitalized and he would be chairing the meeting. 

 

Vice-Chairman Adams announced the following rezoning request would not be heard:

Mandalay Properties, Inc. of McDonough, GA, RZ-06-37, Commissioner Holman, District V

Mandalay Properties, Inc. of McDonough, G requests a rezoning from RA (Residential Agricultural) to R-2 (Single Family Residence) for property located on the east side of Flat Shoals Church Road, north of Old Conyers Road.  The property is located in Land Lot 130 of the 11th District, consisting of 67.56 +/- acres.  The request is for the development of a single-family residential subdivision.  The Zoning Advisory Board recommended denial on August 24, 2006.

 

Vice-chairman Adams called the meeting to order and asked for an acceptance of the agenda; Commissioner Holman made the motion to approve the Amended Agenda; Commissioner Mathis seconded.  The motion carried unanimously.

 

PROCLAMATIONS

 

Henry County Acts of Kindness Proclamation

Whereas, random acts of kindness are the expression of our empathy and compassion for one another; and

Whereas, the annual “Kindness Works, Pass it On” week-long celebration is conjunction with National Kindness Week commencing on Monday, November 13, 2006 and continuing through Sunday, November 19, 2006; and

Whereas, Henry County will celebrate acts of kindness by encouraging churches, schools, employees and community groups to participate in “Kindness Works, Pass It On” Week.

NOW THEREFORE, I Gerry Adams, Vice-Chairman of the Henry County Board of Commissioners, do hereby proclaim the week of November 13th through November 19th, 2006 as “Kindness Works-Pass It On” week and urge all residents of Henry County to join me in celebrating and performing acts of kindness during the week.

A Proclamation in Appreciation of the
Henry County Special Olympics Program and Volunteers

WHEREAS, the Henry County Special Olympics Program is dedicated to building self-esteem among people with disabilities, raising awareness of both their needs and their abilities, and providing opportunities to help them enjoy physical fitness activities while developing friendships and building skills;

 

WHEREAS, the Henry County Parks and Recreation Special Olympics Program was recently honored with three awards out of thirteen total for the entire State of Georgia which were presented at the Georgia Special Olympics Distinguished Service Awards Banquet, an annual event to recognize Special Olympics athletes and volunteers across the  state;

 

WHEREAS, Melissa Dodgen of Hampton, was named the Female Athlete of the Year for the State of Georgia.  Melissa has been involved with Special Olympics for fifteen years as a Special Olympics Athlete and Global Messenger;

 

WHEREAS, Cayla Ford of McDonough, who has a brother with special needs, won the Outstanding Youth Volunteer for the State of Georgia.  Cayla has been involved with Special Olympics for several years and volunteers her time to the county program;

                   

WHEREAS, Charles Stephens of McDonough was named the Outstanding Unified Partner for the State of Georgia.  Charles has been volunteering for the County program for several years.  As a unified partner, he trains and competes in the sports with the athletes at area and state games and

has been a volunteer in special olympics for many years;

 

WHEREAS, Deborah Brown of McDonough won the Spirit of Special Olympics Award, one of the highest honors in Special Olympics.  Deborah has worked with the Henry County Public Schools Special Olympics Program for twenty years and is a special education teacher who has volunteered her time for our special needs population;  

 

WHEREAS, Babbie Spain of McDonough was recently named the Volunteer of the Year through the Georgia Recreation and Park Association.  Babbie has worked for many years with the Special Olympics Programs in Henry County and also with the Therapeutic Recreation Department; 

 

NOW, THEREFORE BE IT PROCLAIMED, that the Henry County Board of Commissioners wishes to honor the Henry County Parks & Recreation Special Olympics Program and these wonderful volunteers for their hard work and dedication to serving Henry County’s special needs population and to congratulate them for their recognition by the Georgia Special Olympics Program.

 

            Mr. Sam Culpepper to address the Board regarding the Melrose Subdivision Septic System

 

            Mr. Sam Culpepper stated he had previously requested assistance from the County regarding their septic system.  He stated the Homeowners have already spent over $30,000 this year on the system and there is more money to be spent.  The subdivision is under a consent order by EPD (Environmental Protection Division) to become compliant.  He stated when he spoke before the Water and Sewerage Authority they asked had he talked with the Board of Commissioners; he stated it was for another issue.

            Mr. Culpepper stated the builder built the septic system to put 37 homes on the system and it is not operating adequately. The residents are working to have it compliant with EPD.  There are 183 homeowners that are responsible for the septic system that has severe liabilities.  There was an incident in January and March and the pumps are being replaced for the third time this year. 

            Mr. Culpepper stated the Water & Sewerage Authority didn’t know if the they wanted to take on the liability of the situation. 

            Vice-Chairman Adams asked how close the subdivision is to public sewer.  Mr. Culpepper stated there is a new school proposed and he had spoken to the engineers and was informed it could cost as much as one million dollars to tie into the public sewer system. 

            Commissioner Holman stated the Melrose Subdivision is south of Highway 138 and north of the Pleasant Grove Elementary School on Regan Road.  Pleasant Grove Elementary is currently on a septic system; when sewer is provided to the new Woodland School, a line will be run to Pleasant Grove.  The closest sewer to the subdivision would then be the Pleasant Grove School. 

            Mr. Culpepper stated he was given an approximate cost of $750,000 to $1 million to tap on to the public sewer system.  No figures have been confirmed.

            Commissioner Holman asked Mr. Michael Sabine to assist him in finding out what the Board of Commissioners, in coorporation with the Water & Sewerage Authority could do to assist the Melrose Subdivision. 

 

REZONINGS

REL Properties of Decatur, GA – RZ-05-22

REL Properties of Decatur, GA requests a rezoning from RA (Residential Agricultural) to PD (Planned Development) for properties located on the east and west sides of Mill road, south of Mt. Carmel Road.  The properties are located in Land Lots 143 and 146 of the 6th District, consisting of 179.47 +/- acres.  The request is for a planned development with office and residential land uses.  The Zoning Advisory Board recommended denial on August 10, 2006.

Commissioner Mathis made the motion to table this rezoning request for 30 days or two meetings; Commissioner Holman seconded.  The motion carried unanimously.

 

Shawshank, Ltd. Of Atlanta, GA – RZ-06-29

Shawshank, Ltd. Of Atlanta, GA requests a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for property located on the east side of Elliott Road, south of Campground Road.  The property is located in Land Lot(s) 41 and 56 of the 7th District, consisting of 101.63 +/- acres.  The request is for the development of a single-family residential subdivision.  The Zoning Advisory Board recommended denial on August 24, 2006.

The future land use map designates the subject property for low density residential land uses at up to one (1) dwelling unit per acre because Elliott Road is classified as a collector road on the functional road map.  A revised site plan was submitted to the planning and zoning department showing 151 lots on 86 net acres for a net density of 1.75 dwelling units per acre.  There were concerns regarding the net acreage that had not been resolved and the 1.75 dwelling units per acre is approximately 1.65 dwelling units per acre.  The Garden Gate Subdivision, located south of the subject property was zoned from RA to R-2 on October 9, 2003.

Carl Jones, representing Shashank, Ltd., stated there were two (2) changes to the original application. 1) the requested lots changed from 158 to 151 lots with 10.5 +/- acres of open space and 2) the extension of Campground Road into the Project; having a main entrance to the subdivision aligned with Campground Road. The variance would still be needed, but it eliminates some traffic situations.

The applicant presented the following Development Highlights to the Board:

o       151 Dwelling units on 101.63 acres for a gross density of 1.48 units per acre

o       Phased building permits release at a rate of 50 building permits per year

o       Time Line:        Phase I:            50 Lots, Spring 2008

Phase II:           50 Lots, Spring 2009   

Phase III:          51 Lots, Spring 2010

o       Main entrance to subdivision aligned with Campground Road (major arterial) intersection, sight distances permitting

o       R-2 zoning existing 6/10ths of a mile south of the property on Elliott Road (Garden Gate)

o       Development impact fees generate $250,811 (151 lots x $1,661 each lot) for future road improvements

o       Development to render a $1,500,000 annual tax base at build-out

o       10.5 acres of open space

o       3,000 square feet minimum house size; 22,000 square foot minimum lot size

o       All masonry construction

o       Sidewalks both sides of street, fully sodded yards, all underground utilities

o       Restrictive covenants, architectural committee and homeowners association with mandatory fees

The applicant asked to reserve the Letter of Intent submitted with the application for rezoning.

Vice-Chairman Adams called for public comments in opposition of this request. Those who spoke in opposition:

            Katherine Zovlonsky, 102 Crown Springs Drive stated her points of concerns:

1)     Inventory of Henry County/Inventory within a three (3) mile radius:  The future lot supply (platted lots waiting to be developed) is currently more than 16,000 and over 1,100 are within a three (3) mile radius of the project; 7% of the total.  There are more than 8,300 vacant developed lots (lots ready for construction) and over 950 are within a three (3) mile radius; over 11% of the total.  The vacant developed lots, from start to close, are averaging twenty six (26) months.

2)     Devaluation of Properties:  Homes are not selling as quickly as in the past.  Within the Garden Gate subdivision a home sold for $259,000 but the advertised sign indicates homes in the $300’s.  The three hundred thousand dollar homes are not selling.  Prices are being dropped to move the inventory.

3)     Service Demand:  More people demanding more in services. 

4)     General Economy:  The market is soft.  The best builders are carrying lots longer; they can’t afford to develop more.

5)     Crown Springs Subdivision:  The people that were contacted regarding this rezoning are not for this project.  The increase in traffic is frustrating.

Russell Smith, 559 Heathmoor Drive, stated the proposal of moving the entrance way from Elliott Road to Camground Road is apparently an attempt to get the arterial rating for the subdivision.  On a collector road, eight (8) acres is the maximum that can be built on R-2 without a variance or rezoning.  If it was ten (10) acres it might be ok, but this request is 101 acres for R-2 on a rural road. It doesn’t matter where the entrance to the subdivision is; it is still on Elliott Road.  There is still a problem with traffic and safety as it relates to Elliott Road.  In 2003, Mr. Jones took advantage of a typographical error in the minutes of a Board of Commissioners meeting and built 16 homes in a subdivision without 75% masonry or brick.  The minutes stated 7%.  All the plats and signed documents stated 75% but Mr. Jones took advantage of the typographical error.  Mr. Smith quoted a statement by Commissioner Jason Harper from the 2003 minutes regarding the Garden Gate Subdivision and the Elliott Road Bridge.  No improvements have been made to the Elliot Road Bridge; Garden Gate Subdivision (R-2) was approved partly because of the proposed improvement to the bridge.   The bridge is a boundary line for Fire and Rescue Services; fire trucks can’t cross the bridge. 

Charles Downey, 557 Heathmoor Drive, stated the proposed rezoning is presented with a double denial from the planning staff and the Zoning Advisory Board for three primary reasons. 1)  This rezoning is not in compliance with the current or the future land use plans; 2) there are public safety issues and the overcrowding of the schools and highways; 3) the proposed project is not in the character of the community.

 

            Vice-Chairman Adams called for public comments in favor of this request. Those who spoke in favor:

            Mary Harrison, one-third owner of the 85 acres which is part of the property being request to be rezoned,  stated the property has been a part of her family since the early 1900’s or more.  The decision to sell the property was not made without much thought, prayer and emotional consideration.  Because of the physical and financial burdens of maintaining the property and because Ms. Harrison and her husband would like for this transaction to take place before they pass away, they decided to sell the property.  They have received many inquires and decided to accept proposals this year.  After numerous proposals they decided that Mr. Jones’ was the only proposal that came close to their criteria.  They feel his plans will enhance the community and county.

            Carl Jones addressed the issue regarding the typographical error in the minutes. He stated he did not rezone the property and a Superior Court Judge settled the matter.

            Commissioner Stamey asked the applicant if he would consider an R-1 rezoning; the applicant declined consideration the R-1 designation.

            Commissioner Stamey made the motion to deny the request for an R-2 rezoning on Elliott Road; Commissioner Mathis seconded.  The motion carried 3-2-0 with Mathis, Stamey and Adams in favor of the denial; Holder and Holman opposed.

 

Appeal to a decision to deny a variance request by the Zoning Advisory Board  

            Shawshank, Ltd of Atlanta, GA – VR-06-18

Shawshank, Ltd. of Atlanta, GA, requests a variance for property
located on the east side of Elliott Road, south of Campground Road.  The property is located in Land Lot(s) 41 and 56 of the 7th District, consisting of 101.63 +/- acres.  The request is to allow for the development of a single-family residential subdivision on a collector road.  The request was denied by the Zoning Board on August 24, 2006.  The applicant filed an appeal with the Henry County Planning and Zoning Department on August 30, 2006. 

The Ordinance requires R-2 developments exceeding eight acres to have access onto a major or minor arterial road.  This request does not meet that requirement.  Elliott Road is classified as a collector road by the Henry County Functional Road Plan.

Mr. Carl Jones asked for clarification on the extension of Campground Road.  Staff stated it is not clear if the subject property will have frontage on a major arterial road unless Campground Road is extended into the subdivision; currently it does not.

Terry McMickle responded, in his opinion Campground Road could not be extended into the subdivision.  If the road is extended as a major/minor arterial road, it would have to be extended with a speed limit of 40 to 45 MPH to keep the road classification.  Major or minor arterial roads usually have collector roads that connect to it.  Collector roads are normally connected to subdivision and rural roads. 

Ray Gibson added the level of service and the traffic along a road is another indicator of road classification.  The Comprehensive Transportation Plan that’s being developed will update the road classification.

(at this time there was clarification on the previous motion and vote regarding the rezoning for Shawshank, Ltd. of Atlanta, GA – RZ-06-29)

After further discussion regarding the road classifications, Commissioner Stamey made the motion to uphold the decision to deny a variance request for VR-06-18, Shawshank, Ltd; Commissioner Mathis seconded.  The motion carried 3-2-0 with Mathis; Stamey and Adams in favor of upholding the decision to deny and Holder and Holman opposed.

SPLOST ADMINISTRATION

Request approval of a budget amendment and award of bid for improvements and paving on Stone Road

This item was tabled at the October 16th meeting.  After discussion regarding the vendors, staff recommended award to the low bidder in the amount of $1,374,679.31. 

Commissioner Mathis made a motion to approve the resolution awarding the bid to Bruce Albea Contracting in the amount of $1,374,679.31 and also to approve a budget amendment in the amount of $1,547,127.00; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

SPLOST Resolution for a Budget Amendment and to Award the proposal

For the Widening and Paving of Stone Road

WHEREAS, Stone Road is a SPLOST II Designated project; and

WHEREAS, sealed bids were solicited; and

WHEREAS, SPLOST Management received seven (7) sealed bids for improvements and paving to Stone Road; and

WHEREAS, a budget amendment is needed to cover the increased construction and related cost in the amount of $1,547,127.00 making the total project budget $1,880,530.00; and

WHEREAS, funding for this budget amendment is available in SPLOST II Unallocated Sales Tax; and

WHEREAS, SPLOST Management recommends the low bidder, Bruce Albea Contracting  in the amount of $1,374,679.31; and

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a budget amendment and the proposal of Bruce Albea Contracting and authorizes the Chairman of the Board to sign all necessary documents for the widening and paving of Stone Road. All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

 

PUBLIC WORKS DIVISION

Request award of a bid regarding the design of SR 138 and Hemphill Road

            Five (5) bids were received for the design and right-of-way of SR 138 and Hemphill Road.  Staff recommended award of the bid to URS Corporation.

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

            Resolution of the Henry County Board of Commissioners pertaining

To the award of design contract to URS Corporation for

the design of SR 138 and Hemphill Road

 

WHEREAS, sealed bids were solicited for the design of the intersection of SR 138 and Hemphill Road; and,

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

 

VENDOR                                            BID AMOUNT            COMPLETION DAYS

Keck & Wood, Inc.                                 $84,600.00                              154

Kimley-Horn and Associates                  $128,178.00                               270

Street Smarts                                          $80,983.08                              290

Transportation Systems Design              $103,682.00                               225

URS Corporation                                     $62,500.00                              120

                 

WHEREAS, funds are available in the Capital account to complete this project: and,

WHEREAS, departmental personnel recommend award of contract to URS Corporation

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the bid for award of contract to URS Corporation in the amount of $62,500.00 and authorizes the Chairman to sign all necessary documents.

Request award of a bid regarding the installation of a traffic signal at Tanger Blvd. @ Tanger Mall entrance

The bid is for construction of a traffic signal at Tanger Boulevard and the Entrance to Tanger Mall.  One (1) bid was received for this project in the amount of $216,150.00

In accordance with Resolution No. 06-144, the County, the City of Locust Grove and Tanger Outlet Center agreed to pay 33% of the first $100,000.  If the contract amount exceeds $100,000.00 then the County and the City of Locust Grove will each pay 50% of the amount over $100,000.00.  Therefore, the cost will be shared as follows:  Tanger Outlet Center - $33,333.33; City of Locust Grove - $91,408.34; Henry County - $91,408.33.

Staff recommended award of the bid to R. J. Haynie & Associates, Inc. in the amount of $216,150.00.  The funding source for the counties portion is undetermined. 

Commissioner Holder made the motion to approve; Commissioner Holman seconded.  The motion carried unanimously approving the following resolution:

Resolution of the Henry County Board of Commissioners pertaining

To a project for traffic signalization at the intersection of

Tanger Blvd. @ Tanger Outlet Center entrance

            WHEREAS, sealed bids were solicited for a project to install a traffic signal at the intersection of Tanger Blvd. @ Tanger Outlet Center entrance; and

            WHEREAS, one (1) vendor submitted a bid for this project, as indicated on attached bid form; and

            WHEREAS, funds for this project are available from the Capital Funds account.  Per Resolution No. 06-144, funding will be as follows:  Henry County - $91,408.33; City of Locust Grove - $91,408.34; Tanger Outlet Center - $33,333.33; and

WHEREAS,  R. J. Haynie & Associates’  bid in the amount of $216,150.00 meets bid specifications and is recommended by departmental personnel.

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the bid for traffic signal installation to R. J. Haynie & Associates, Inc.  in the amount of $216,150.00 and authorizes the Chairman to sign all necessary documents to accomplish this purchase.  Completion time for this project is forty-five (45) days from written Notice to Proceed; the stop and go signal shall be operational by November 20, 2006; liquidated damage charges are in the amount of one hundred ten dollars ($110.00) per day.

 

PUBLIC COMMENTS

There were no public comments

 

COUNTY MANAGER COMMENTS

There were no comments

 

COUNTY ATTORNEY COMMENTS

 

There were no comments

 

UPCOMING MEETINGS OF THE BOARD:

 

11/06/06          Monday           9:00 a.m.          Regular Board of Commissioners’ Meeting

 

11/07/06          Tuesday           9:00 a.m.          Regular Board of Commissioners’ Meeting

 

11/20/06          Monday           9:00 a.m.          Regular Board of Commissioners’ Meeting

 

11/21/06          Tuesday           6:30 p.m.          Regular Board of Commissioners’ Meeting

 

12/04/06          Monday           9:00 a.m.          Regular Board of Commissioners’ Meeting

 

12/05/06          Tuesday           9:00 a.m.          Regular Board of Commissioners’ Meeting

 

 

EXECUTIVE SESSION:

 

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

 

                                    (An Executive Session was held.)

 

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

 

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

 

Commissioner Holman made the motion to amend the agenda and to approve the Order of the Chairman, the Declaration of Taking and the Resolution authorizing acquisition by condemnation with respect to 625 square feet located in Land Lot 145 of the 7th district of Henry County, Georgia for improvements to South Ola Road; Commissioner Holder seconded.  The motion carried unanimously.

 

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

 

                                                            Gerry Adams, Vice-Chairman

 

 

Shay Mathis, County Clerk