STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Public Meeting at 6:30 p.m. on Tuesday, November 20, 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

          Reid A. Bowman, District IV Commissioner

 

Those absent were:

 

Randy Stamey, District III Commissioner

Johnny B. Basler, District V Commissioner

 

Also attending were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Rob Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant County Manager; Michael Harris, Planning & Zoning Services Division Director; Jim Luebbering, Building Development and Environmental 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 announced the following items would not be heard at the meeting and would be rescheduled:

These items have been rescheduled for the December 18th BOC meeting:

Lifetime Homes, LLC of McDonough, GA; RZ-07-18; Commissioner Holder, District 1

    
 
Lifetime Homes, LLC of McDonough, GA requests a rezoning from RA  (Residential-  Agricultural) to OI (Office/Institutional) for property located at 1494 Highway 81 E, McDonough, GA.  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.  Zoning Advisory Board recommended Denial August 9, 2007

 

 

               Lifetime Homes, LLC of McDonough, GA; AP-07-09; Commissioner Holder, District 1

 

Lifetime Homes, LLC of McDonough, GA requests a variance for property located at 1494 Highway 81 E, McDonough, GA. The property is located in Land Lot 170 of the 7th District, consisting of 1.061+/- acres.  The request is for multiple variances.  The request was denied by the Zoning Advisory Board on August 9, 2007.  The applicant filed an appeal with the Henry County Planning and Zoning Department on August 21, 2007.  Zoning Advisory Board Denied Variance VR-07- 13 August 9, 2007

 

          This item has not been rescheduled:

 

Hussain A. Lakhani of Dallas, TX; RZ-07-21; Commissioner Bowman, District 4;

 

Hussain A. Lakhani of Dallas, TX requests a rezoning from RA (Residential Agricultural) to C-2 (General Commercial) for property located at 1768 Miller’s Mill Road.  The property is located in Land Lot 27 of the 11th District, consisting of 3.568+/- acres.  The request is for the development of a retail center.  The Zoning Advisory Board recommended Denial on September 13, 2007

Chairman Harper called the meeting to order and called for an acceptance of the agenda.  Commissioner Mathis made the motion to approve the agenda; Commissioner Bowman seconded.  The motion carried unanimously.

Mr. Robert Smallwood to appear before the Board of Commissioners regarding the intersection at Chambers Road and Mt. Carmel Road

          Mr. Smallwood spoke regarding the noise associated with the rumble strips that were installed on Mt. Carmel Road.  He asked the Board if they would consider any alternatives to the rumble strips.

          Mr. Terry McMickle, Public Works Division Director responded to why rumble strips are used and the effects of having rumble strips installed. The reason for the installation of rumble strips at a newly signed intersection is to notify drivers that stop signs have been installed.  Rumble strips are installed for safety purposes.  It has been determined that once the public gets use to the stop signs the rumble strips could be removed.  Currently there’s no specific time frame as to when the strips can be removed. 

          Research was done to find something that would be as effective as the rumble strips in reducing accidents.  Research indicates most highway agencies reported they considered the noise problem to be serious enough that policies have been adopted against use of rumble strips in residential areas. 

          Mr. McMickle asked the Board to allow him to continue researching for an alternate solution.  One thing that might be considered is leaving the rumble strips for a short period of time and then do some type of step-down measure; possible a stop sign with flashing LED’s in each corner.

          After discussion regarding the rumble strips, alternates and the cost to install the rumble strips, Commissioner Mathis made the motion to authorize the Department of Transportation (DOT) to order flashing stop signs to replace the rumble strips at Mt. Carmel and Chambers Roads. 

          Mr. McMickle suggested more research be done to find more alternatives.

          Commissioner Mathis amended her motion that an alternate solution to rumble strips at Mt. Carmel and Chambers Roads be determined and installed within thirty (30) days; Commissioner Bowman seconded.  The motion carried unanimously.

          Commissioner Mathis commented to the people that live on Mt. Carmel Road, the road will be paved and should start sometime between March and June of 2008.

PLANNING AND ZONING

Michael T. Turner of McDonough, GA; RZ-07-22; Commissioner Holder, District 1

Michael T. Turner of McDonough, GA requested a rezoning from RA (Residential-Agricultural) to C-2 (General Commercial) for property located on the southwestern side of Old Jackson Road, north of King Mill Road.  The property is located in Land Lot 171 of the 7th District, consisting of 6.048+/- acres.  The request was for the development of a roller skating rink.  The Zoning Advisory Board recommended denial of C-2; however, they recommended approval of C-1.      

Stacey Jordan, Chief Planner, presented the agenda item to the Board.  The applicant’s request was to rezone the property for the development of a 28,350 square foot roller skating rink or future commercial development.  As depicted on the zoning map, the property is located on the southwestern side of Old Jackson Road; just north of King Mill Road.  Abutting properties to the east and south are zoned RA and the property to the north is zoned C-2 and is currently undeveloped.  On March 18, 2003 the subject property received a Conditional Use Permit for a church.  The current site plan that was submitted by the applicant meets the Ordinance requirement for the limited development area of the Tussahaw Watershed Protection District.  The Future Land Use Map designates the subject property for Commercial and Service land uses.  The proposed Future Land Use Map designates the area to be an activity center.  Staff recommended approval of the request.

Commissioner Holder stated he had requested staff to research the closing time for the businesses in the area of the subject property.  Mr. Jordan stated the convenience store located on Highway 81 closes at 11:00 p.m. and the adjacent property had a condition that it would have the same closing time as the convenience store.  The Zoning Advisory Board recommended the hours of operation for the subject property be limited to 11:00 p.m.  The roller skating rink located in Stockbridge also has a closing time of 11:00 p.m.

Mr. Kenny Cook represented the applicant.  He stated that he had a contract to purchase the property. 

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

Commissioner Holder asked Mr. Cook if he was in agreement with the C-1 zoning recommended by the Zoning Advisory Board.  Mr. Cook stated there were three issues he would like to resolve.  He requested a C-2 zoning and C-1 was recommended by the Zoning Advisory Board.  The reason for the request for C-2 was to have options for the property in case the business did not workout for a roller skating rink.  Also there was a thought to expand the business to have putt-putt golf and that is only allowed in a C-2 zoning.  The condition regarding the hours of operation are of concern.  Mr. Cook and his wife own a skating rink in Jackson, Georgia and on occasion there is all night skating or lock-ins around certain Holidays and with church youth groups.  Mr. Cook stated if he is committed to closing at 11:00 p.m. it would be a deal breaker for him.  He stated they would need to be open at night to make any money and would need that flexibility.  He would also like to have some flexibility on the rear of the building to allow for all metal on the building for expansion.

Commissioner Holder asked if the business would be considered open during the lock-ins.  Patrick Jaugstetter, County Attorney, stated if admission tickets are not sold then the business is probably not open for business during the lock-ins.

Commissioner Holder asked Mr. Cook after hearing from the County Attorney, does that address the issue for the lock-ins and special events.  Mr. Cook stated it does address the issue as far as the lock-ins and all night skating; however there is the issue of having to close at 11:00 p.m. Friday and Saturday nights are the only nights that he would like to remain open beyond 11:00 p.m. 

Commissioner Holder asked Mr. Cook if would agree to a closing time of midnight (12:00 a.m.).  Mr. Cook stated he did not want to be tied to any particular time. 

Commissioner Holder stated there were three concerns 1) the C-1 / C-2 zoning; 2) the rear of the building to be metal for possible expansion; and 3) the hours of operation to be open ended.  Mr. Cook stated he needs the flexibility to open the hours they feel are necessary; they just can’t do it.

Commissioner Holder asked Mr. Cook if the Board could not approve the hours and the flexibility that he is requesting, would he rather have a denial of the entire request.  Mr. Cook stated if this Board is going to limit the hours of operation then he would not follow through on this project on the subject property.  He would have no choice but to withdraw and find another piece of property where he could set his own hours when he is spending his own money.

Commissioner Holder made the motion to deny the rezoning request; Commissioner Mathis seconded.  The motion carried unanimously.

COUNTY MANAGER COMMENTS

          There were no comments.

COUNTY ATTORNEY COMMENTS

There were no comments.

PUBLIC COMMENTS

          Nicholas Day spoke regarding no input from the public as to where alcohol is sold and the policy and procedures; the county employee dinner; building department moving to the Windy Hill building and the concern regarding methane; Nash Farm and leasing and/or renting space; the recycling center using juvenile labor; the right to appeal terminations to the Board of Commissioners; oversight committee to oversee SPLOST.

Approval of the Minutes

          Commissioner Bowman made the motion to approve the November 5th and 6th meeting minutes; Commissioner Mathis seconded.  The motion carried unanimously.

Upcoming meetings

                 1.      Monday, December 3rd @ 9:00 a.m. and Tuesday, December 4th @ 9:00 a.m., Regular BOC meeting

                 2.      Monday, December 17th @ 9:00 a.m. and Tuesday, December 18th @ 6:30 p.m., Regular BOC meeting

                 3.      Monday, December 31st meeting has been cancelled and will be rescheduled for another date to be announced.

All County Offices will be closed on the following dates for the Holidays:

                 1.      Thursday, November 22nd and Friday, November 23rd for Thanksgiving

                 2.      Monday, December 24th thru Wednesday, December 26th for Christmas

                 3.      Tuesday, January 1st for New Year’s Day

Amendment to the stipend of the Board of Assessors

          Commissioner Mathis made the motion to approve the amendment of the stipend for the Board of Assessors: Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Henry County Board of Commissioners appoints citizens to the Board of Assessors; and

          WHEREAS, the Board of Commissioners recognizes the contributions each board member makes and the dedication of each member; and

          WHEREAS, the Board of Commissioners are cognizant of the fact more demands are being placed on the Board of Assessors due to the grow in Henry County;

          NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners set the monthly stipend for the Board of Assessors as follows:

                   Chairman of the Board            $300 monthly

                   Board Members                       $250 monthly

          BE IT FURTHER RESOLVED this salary amendment becomes effective January 1, 2008.

Adjournment

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

 

                                                                                                 Jason T. Harper, Chairman

 

Shay Mathis, County Clerk