STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a regularly scheduled Public Meeting at 9:00 a.m. on Monday, December 18, 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,

          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 Rob Magnaghi, County Manager; Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Michael Harris, Planning and Development Division Director; Terry McMickle, Public Works Division Director; Phyllis Shrader, Deputy County Manager; Michael Sabine, Assistant to the County Manager; Roy Clack, SPLOST/Capital Projects Director; Angie Bailey, Interim Administration Division Director; Mike Bush, Finance Director; Latonya Wiley, Deputy County Attorney; 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.)

 

The Chairman called the meeting to order and asked for an acceptance of the agenda.

 

Commissioner Mathis requested to amend the agenda to add the request for approval to allow Richard Little to cut the hay at Nash Farm.  Commissioner Holman made the motion to approve the agenda with the amendment; Commissioner Adams seconded.  The motion carried unanimously.

 

PUBLIC SAFETY DIVISION

 

          Bid for the Purchase of K9 Transport Units for Animal Control

          Staff stated in order to bring the current animal control fleet up to standard, seven (7) bids was submitted to K9 transport companies. Four (4) bids were received and staff recommended Jones Trailer Company be awarded the bid.

          Commissioner Holder made the motion to award the bid to Jones Trailer Company in the amount of $21,824.25; Commissioner Holman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, sealed bids (SB-07-21-110906-3) were solicited for the purchase of K9 Transport Units for the Animal Control Department; and,

          WHEREAS, four (4) vendors submitted bids for this purchase, as indicated on the attached bid tab; and,

          WHEREAS, funds are available in the Capital Equipment account to complete this purchase; and,

          WHEREAS, Jones Trailer Company has submitted the lowest and most responsive bid for the purchase of the three (3) K9 Transport Units; departmental personnel recommend award to Jones Trailer Company.

          NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-07-21-110906-3 to Jones Trailer Company in the total amount of $21,824.25 for the purchase of three (3) each K9 Transport Units.

          BE IT FURTHER RESOLVED by the Board of Commissioners that the Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase

 

ADMINISTRATION

          First Amendment to the ARC Aging Sub-grant Contract

          Staff stated this request is to allow for the transfer of funds originally designated for the Voucher Respite Care Program to existing In-Home Services.  This amendment represents a more cost-effective way of providing Respite without the necessity of adding staff.  Certified Nursing Assistants, who are current employees, will provide this service.

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

WHEREAS, the Senior Services Department is the local Agency on Aging;

          WHEREAS, Henry County Senior Services desires to accept the Atlanta Regional Commission’s FY 06-07 First Amendment to provide community based services to the older adults of Henry County; and

          WHEREAS, Senior Services seeks approval by the Board of Commissioners of the First Amendment to the Aging Subgrant Contract between the Atlanta Regional Commission and the Henry County Board of Commissioners.

          THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners approves said First Amendment and authorizes the Chairman to execute same on behalf of the Board, for the benefit of the senior citizens of Henry County.

 

PLANNING AND DEVELOPMENT

          Ordinance Amendment

          An Ordinance for the purpose of amending Article II of Chapter 3-6 of the Code of Henry County, Georgia, adopted May 1, 1984, as   amended, by amending Sections 3-6-17 and 3-6-18(a) providing for the County-Municipal Planning Commission; and for other purposes.

          Staff stated this request will amend the terms of office for the Zoning Advisory Board members.  Currently board members serve a 2-year term regardless if a new commissioner is elected.  It has been amended so that when a new commissioner is elected they will be allowed to appoint a zoning advisory board member.

          Commissioner Holman made the motion approve the Ordinance Amendment; Commissioner Stamey seconded.  The motion carried unanimously. (the Ordinance will be maintained in the County Clerk’s office)

          Mark Logan of McDonough, GA – AP-06-22 (CU-06-27)

Mark Logan of McDonough, GA requested a conditional use for property located at 2253 Highway 42 North.  The property is located in Land Lot 31 of the 7th District, consisting of 3.60+/- acres.  The request was for a church/religious facility.  The request was denied by the Henry County Zoning Advisory Board on October 31, 2006.  The applicant filed an appeal with the Henry County Planning & Zoning Department on October 26, 2006.  The Zoning Advisory Board denied the request on October 26, 2006.

Staff stated the property is currently zoned M-1 (Light Manufacturing) and the applicant is proposing to use a portion of the existing facility for a church.  The Zoning Ordinance allows church facilities to be located within any zoning district subject to the approval of a Conditional Use by the Zoning Advisory Board (ZAB).  The Conditional Use can be granted provided that at a minimum, certain Ordinance requirements are met and the ZAB deems the request appropriate.  The Zoning Advisory Board recommended denial because the request did not meet numerous development standards for the location of a church.  There is a concurrent appeal to a decision to deny a variance by the Zoning Advisory Board.  The requested variance is for a reduction of the required buffer on the southern property line from 20 feet to 10 feet, a reduction of the side yard setback from 50 feet to 10 feet, a reduction of the lot frontage requirement from 200 feet to 180.19 feet and a reduction in the parking requirement from 25 spaces to 12 spaces.  Currently the subject site has 27 spaces; 15 spaces are occupied by the existing heating and air business that’s located on the subject property.  The church, with a proposed 75 members, will be required to have 25 parking spaces and there are currently only 12 available.

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

Mark Logan, representing the applicant stated he met with staff and there are currently 27 parking spaces in the front of the building.  He asked staff if the spaces in the rear could be taken into consideration and staff indicated it would not be an issue.  The business occupies the building Monday thru Friday, from 7:00 a.m. to 5:00 p.m.  The Church will occupy the building on Sundays and Wednesday nights.  The schedules do not conflict and currently there are a total of 39 spaces. 

Commissioner Holder asked the applicant if the building will be shared.  Mr. Logan stated the Church would be leasing 1,400 square feet of space at the end of the building and that will be there own separate space.

Mr. Logan stated there are currently 27 marked spaces in the front of the building and 12 in the rear.

Commissioner Adams asked the applicant if spaces were added.  Mr. Logan stated he added 7 spaces since the denial and there is roughly a half acre of asphalt in the rear of the building. 

Commissioner Adams commented there were 6 existing spaces in the rear of the building and 7 spaces have been added since the denial; that’s a total of 13 spaces in the rear of the building.

Commissioner Stamey stated he visited the site and there are the marked spaces and there is another area that is not stripped but has asphalt that can be used.  There is adequate parking, especially behind the building.

Staff stated once the Development Plan Review Department receives the site plan indicating adequate parking spaces, it should be ok.

Commissioner Stamey asked the applicant if the company trucks were at the site on the weekends.  Mr. Logan stated the trucks are not at the site on the weekends.

Commissioner Adams made the motion to approve the Conditional Use (AP-06-22); Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Mark Logan of McDonough, GA applied for a conditional use (CU-06-27) for the establishment of a church/religious facility. The property is located at 2253 Highway 42 North (Parcel ID Number 070-01-012-001), in Land Lot 31 of the 7th District, consisting of 3.60+/- acres; and

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

WHEREAS, the Henry County Zoning Advisory Board reviewed and denied the request for a conditional use on October 26, 2006.

NOW THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners overturns the denial and approves the aforementioned applicant’s conditional use request.

 

Mark Logan of McDonough, GA - AP-06-23 (VR-06-36)

Mark Logan of McDonough, GA requested a variance for property located at 2253 Highway 42 North.  The property is located in Land Lot 31 of the 7th District, consisting of 3.60+/- acres.  The request was to reduce parking and development standards for a church.  The request was denied by the Henry County Zoning Advisory Board on October 31, 2006.  The applicant filed an appeal with the Henry County Planning and Zoning Department on October 26, 2006.  The Zoning Advisory Board Denied the request on October 26, 2006.

The applicant’s request is for three (3) variances as follows:

1.     Reduce the required planted buffer on the southern property line from 20 feet in width to 10 feet.

2.     Reduce the side yard setback from 50 feet to 10 feet.

3.     Reduce the required lot frontage from 200 feet to 180.19 feet

The applicant also requested a variance regarding the parking and loading requirements that have been removed from the request.

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

Commissioner Holder brought up the discrepancies regarding setback requirements for Churches and commercial property.  Staff indicated this was an issue when the Ordinance was adopted.

Commissioner Mathis commented there is a difference between a church that is utilizing an existing commercial or store front building and one that’s being constructed on a tract of land.  There should be something in the Ordinance that indicates there is a difference between the two and the setbacks and requirements should reflect the difference.  Staff stated this is being handled in the Unified Land Development Code.

Commissioner Adams made the motion to approve the variance request; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Mark Logan of McDonough, GA applied for a variance (VR-06-36) to reduce parking and development standards for a church. The property is located at 2253 Highway 42 North (Parcel ID Number 070-01-012-001), in Land Lot 31 of the 7th District, consisting of 3.60+/- acres; and

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

WHEREAS, the Henry County Zoning Advisory Board reviewed and denied the request on October 26, 2006.

 NOW THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners overturns the denial and approves the aforementioned applicant’s variance request.

 

Tim Jones Properties, Inc./Jones & Black Development, LLC of Jonesboro, GA –MC-06-10

Tim Jones Properties, Inc./Jones & Black Development, LLC of Jonesboro, GA requests modifications to zoning conditions for property located on the east and west sides of Dutchtown Road, south of Jonesboro Road.  The property is located in Land Lots 104, 105, 119, 120, 121, 137, 138, and 152 of the 6th District, consisting of 494.5+/- acres.  The request is to modify multiple zoning conditions.  The Zoning Advisory Board made no recommendation on November 9, 2006.

Staff stated this development was reviewed as a Development of Regional Impact (DRI) by the Georgia Regional Transportation Authority (GRTA) and the Atlanta Regional Commission (ARC), as required by the Georgia Department of Community Affairs for developments exceeding 400 residential units.  A number of the conditions were placed on the property based on the new alignment of Dutchtown Road.  There have been several changes to the Dutchtown Road and to the alignment and GRTA issued a revised Notice of Decision on August 3, 2006.  In addition to the modification, the applicant is requesting modifications regarding lot sizes, building materials and the number of units that are permitted.  There are conditions that were not modified in GRTA’s Notice of Decision and should the Board approve this request, staff recommends a condition be added that if another revised notice of decision be issued, staff can handle that administratively. 

Commissioner Holder stated in several of the modifications the lot sizes are reduced from 22,000 to 10,000 and the question is, what kind of changes can be made as modifications and what has to be brought back to the Board as a rezoning.  This would cause the development to be in a totally different zoning classification when lot sizes are reduced by the requested amount.

Staffed stated the first request is for modifications for conditions that were placed on the subject development when it was rezoned.  The second request is a variance where the applicant is requesting a variance of the minimum lot size, the minimum lot width, and the side yard setback.  When staff met with the applicant, staff advised this request probably should be a rezoning, because the request was for something less than what the Ordinance called for in an R-2 District.

Patrick Jaugstetter, County Attorney, stated the variance procedure should not be used to rezone the property.  If the lot sizes being requested are present under a different zoning category and not the current zoning, it would seem more appropriate to rezone.  In this instance, the reduced lot sizes probably should be handled through a rezoning. 

Commissioner Mathis asked if a rezoning is necessary if the lot sizes are within the net density that is in the zoning category.  In an R-2 District it is permitted to go to 2.5 units per acre and the request is for a net density of 1.75. 

Mr. Jaugstetter stated zoning categories have lot sizes attached to them.  In the R-2 District the minimum lot size is 18,000 square feet and that’s the smallest lot permitted in that zoning district, regardless of the net density, unless it is a conservation use.  Variances are in place to vary from the terms of the zoning category.  It would be better to do a rezoning in this case.

Commissioner Mathis asked if the applicant chooses to go through the process again would he have to have another DRI review of the entire project.

Staff stated the way the DRI rules are, if the applicant makes a change in excess of 10% of what was originally reviewed, the process would have to be repeated.  The changes could be a change in the number of units, the change of the layout, etc.  When this request was originally submitted, staff contacted ARC and GRTA to make sure the modifications would not require another DRI.  As far as lot sizes, GRTA and ARC do not look at this, they look more at roadway improvements, traffic issues and connectivity. 

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

Tim Jones represented the applicant in this request.  This was filed with the Planning & Zoning Department and staff indicated this request would be appropriate.  This is part of the Crystal Lake Community and there are smaller lots within the development.  There have been some changes since the ARC and the County imposed conditions on the property.  One is the realignment of North Mt. Carmel Road.  Some of the streets within the development are stub streets that go to nowhere and one street actually went through a house and that was a condition placed on the property.  The applicant has requested more density.  Some of the lots are not as small as some of the current lots but in changing the density, the applicant will pave a mile and a half of Dutchtown Road that will cost approximately two million dollars.  The citizens in the area are happy the road will be opening. 

Commissioner Mathis stated the Senior Community within the Crystal Lake Development has smaller lots, and if Phase I of this development came in as a Planned Development and if Phase II came in as a R-2 District and how did the smaller lots end up on Jonesboro Road.  Staff stated both request came in as R-2 and at the time the property was rezoned a condition stated the 55 and older community would have smaller lots. 

Commissioner Mathis stated technically the request should have come in for an R-3 or R-4.  Staff stated the application should have been for a Planned Development for a mixture of lot sizes and house sizes.

Commissioner Mathis made the motion to approve the modifications as listed on the resolution; Commissioner Holman seconded.

Commissioner Mathis amended the motion to include, that if another revised notice of decision be issued, staff is instructed to handle it administratively; Commissioner Holman amended his second.  The motion carried 4-1-0 with Commissioner Holder voting in opposition approving the following resolution:

WHEREAS, Tim Jones Properties, Inc./Jones & Black Development, LLC of Jonesboro, GA (MC-06-10) applied for multiple modifications to zoning conditions for a rezoning that was approved by the Board of Commissioners on June 7, 2005.  The property is located on the east and west sides of Dutchtown Road, south of Jonesboro Road (parcel ID Numbers 017-01-019-012, 018-01-023-000 and 018-01-026-000) in Land Lots 104, 105, 119, 120, 121, 137, 138 and 152 of the 6th District, consisting of 494.5+/- acres; and

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

WHEREAS, the request is to modify multiple zoning conditions; and

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

WHEREAS, the Henry County Zoning Advisory Board reviewed and made no recommendation on the request on November 9, 2006; and

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the following modified zoning conditions:

Condition 2: The applicant or developer shall pay all costs of designing, engineering, and constructing road, drainage, and sidewalk improvements including, without limitation, the installation of:

a.     A left turn lane for westbound traffic on Jonesboro Road at the West Erma Pod A Entrance as indicated on that Site Plan revised 02/04/05 (“site plan”) as the intersection of Jonesboro Road and “Street A;” and

b.     A right turn lane for eastbound traffic on Jonesboro Road at West Erma Pod A Entrance as indicated on the site plan as the intersection of Jonesboro Road and “Street A.”

Condition 6:   The applicant or developer agrees to design and completely construct Dutchtown Road improvements, including a bridge over Walnut Creek, solely at his/her expense, to the following specifications, holding Henry County harmless:

a.     The roadway is to be designed with the horizontal alignment to be per 30 mile-per-hour (mph), based on the American Association of State Highway and Transportation Officials (AASHTO) section for “Low-Speed Urban Street” standards; where limited by property constraints a minimum radius of two hundred feet (200’) may be allowed which will require a speed reduction through said segment of alignment to 25-mph; the vertical alignment is to be per 2004 AASHTO  for 45 mph; the roadway and bridge plans are to be reviewed by the Henry County Department of Transportation (HCDOT); and

b.     The bridge over Walnut Creek is to be designed and constructed to meet the minimum Georgia Department of Transportation (GDOT) standards; bridge design and construction is to include all bridge-related items, including the approach slabs; bridge is to have a minimum two foot (2’) of freeboard for the 100-year event; bridge width from inside of parapet to inside of parapet shall be a minimum of twenty-six feet (26’); load design criteria shall be HS20; in the event that a box culvert may be sufficient to handle the runoff, T-Beam Guardrail may be used with the face of the T-Beam directly above face of curb; box culvert and guardrail shall be required to be designed and constructed per Federal standards; whether a box culvert or bridge is constructed, the barrels of the box/bents of the bridge shall be required to be parallel with the creek; and

c.      The construction shall include placement of any necessary guard rail, walls, under-drain, relocation of utilities, and any associated road construction item shown on the approved plans; and

d.     The roadway is to have a minimum symmetrical right-of-way (ROW) width of sixty feet (60’), with the exception of the section of the roadway adjacent to the Deerfield Group, LLC property; along this section, where roadway is adjacent to the limits of the two (2) ponds, the minimum allowable ROW width shall be thirty-six feet (36’) symmetrical about the roadway centerline; along the frontage of Deerfield Group, LLC property outside of the limits of the two (2) ponds the minimum allowable ROW width shall be fifty feet (50’) symmetrical about the roadway centerline; and

e.      The applicant or developer shall obtain all environmental permits, as well as all other necessary permits, solely at his/her expense, holding Henry County harmless; Additionally, the developer shall be solely responsible for any environmental mitigation that may be required and any associated cost; and

f.       The applicant or developer shall provide and place any borrow necessary for the construction of the roadway, and shall dispose of any waste material; and

g.     The applicant or developer shall provide all construction management necessary for the construction of the project to achieve standards and requirements as determined by the HCDOT through inspection of all construction; and

h.     The tolerances concerning staking and construction of the roadway are as follows:

                                                             i.      Curb & Subgrade à 1” +/- from plan elevation

                                                           ii.      Gravel Aggregate Base (GAB) & Binder à ¼” +/- on thickness

                                                        iii.      Topping (F/9.5mm mix) à no tolerance on minimum thickness of 1 1/8”; and

i.       The minimum paving section shall be 8” GAB, 2” binder (12.5mm superpave mix/“E” Mix acceptable as a binder lift in the event that the topping lift is not placed soon after the placement of the binder), and 1 1/8” “F”-mix/9.5mm superpave mix topping; the top one foot (1’) of Subgrade and the GAB shall be at 100% maximum dry density; applicant or developer shall place a minimum one (1) year letter bond after placement of asphalt topping has occurred; and

j.       The curb and gutter shall be GDOT type 2 (6”x30”) as shown on GDOT Standard 9032B; and

k.      The applicant or developer shall place a minimum of two (2) roundabouts along the Dutchtown Road alignment with the locations to be jointly determined by the applicant or developer and HCDOT; and

l.       From the existing end of curb and gutter on the south end of Dutchtown Road up to the southernmost roundabout location, the roadway width is to consist of two (2) twelve foot (12’) lanes in addition to the curb and gutter; the total width is to be twenty nine feet (29’) from back of curb to back of curb; from the southernmost roundabout northward, excluding the roundabouts, the roadway width is to consist of two (2) eleven foot (11’) lanes in addition to curb and gutter; the total width is to be twenty seven feet (27’) from back of curb to back of curb; and

m.   For the southern section of Dutchtown Road up to the southernmost roundabout, the GAB is to extend 6” behind back of curb; From the southernmost roundabout northward the GAB shall not be required to be placed under or beyond the curb and gutter; and

n.     All cross drains are to be RCP and the longitudinal pipe are to bituminous-coated corrugated metal pipe; and

o.     The pipe within the French drain adjacent to the Deerfield Group, LLC ponds is to be located beyond the back of curb; however, the stone (#5’s and #7’s) for the French drain shall be allowed to be placed under the curb or asphalt where necessary; and

p.     The roundabouts and the remainder of Dutchtown Road shall be striped/marked with thermoplastic, per the latest version of the M.U.T.C.D.; and

q.     Roadway plans are to include plan and profile sheets, grading plan (showing existing and proposed contours), typical sections, drainage profiles, erosion control, ROW plans, signage & marking plan (per M.U.T.C.D.), and bridge plans.

[Condition 7:  REMOVED IN ITS ENTIRETY.]

[Condition 8:  REMOVED IN ITS ENTIRETY.]

[Condition 9:  REMOVED IN ITS ENTIRETY.]

[Condition 10: REMOVED IN ITS ENTIRETY.]

[Condition 11: REMOVED IN ITS ENTIRETY.]

[Condition 12: REMOVED IN ITS ENTIRETY.]

[Condition 13: REMOVED IN ITS ENTIRETY.]

Condition 14:  In compliance with ‘Proposed Conditions to GRTA Notice of Decision – Road Connectivity,’ the applicant or developer shall:

a.     Provide Street D that intersects the southern cul-de-sac as opposed to the northern cul-de-sac as indicated on the site plan; and

b.     Provide Street E that extends from cul-de-sac through Street F cul-de-sac and intersects with Street A as indicated by the site plan; and

c.      Extend Street Q to align with the cul-de-sac on Street K; and

d.     Extend Street V to connect to Street J.

[Condition 16: REMOVED IN ITS ENTIRETY.]

Condition 21:  Any other condition notwithstanding, the maximum number of total units shall be the lesser number of either seven hundred six (706) or the number of units allowed by a maximum of 1.75 net dwelling units per acre.

Condition 22:  The minimum lot size shall be 22,000 square feet north of Walnut Creek.  Pod C minimum lot size shall be 12,000 square feet with a minimum lot width of eighty feet (80’) as provided by the lawful grant of a variance following the process due.

Condition 25:  Pod C maximum number of units shall be three hundred eighty five (385).  Of the actual number of Pod C units:

a.     A minimum of three hundred five (305) units, or up to a lesser number of actual units built, shall have a minimum of two thousand (2,000) square feet; and

b.     Any remaining Pod C units shall have a minimum of twenty four hundred (2,400) square feet; and

c.      All sides shall include a minimum of two (2) of the following: brick, stone, cementious fiber board, board and batten, cedar shakes, or three application minimum stucco finish with wire lathe as determined by the Henry County Building Department, vinyl expressly prohibited; and

d.     All shall have fully sodded yards; and

e.      All shall have two-car enclosed garages where feasible as determined by the Henry County Building Department; and

f.        All shall have a minimum of an 8/12 pitch roof on the main body of the roof as determined by the Henry County Building Department; and

g.     All shall have architectural grade roof singles, determined as three hundred pounds (300 lbs.) per square.

Condition 26:  North of Walnut Creek maximum number of units shall be two hundred fifty seven (257): 

a.     All shall have a minimum of two thousand (2,000) square feet; and

b.     All sides shall include a minimum of two (2) of the following: brick, stone, cementious fiber board, board and batten, cedar shakes, or three application minimum stucco finish with wire lathe as determined by the Henry County Building Department, vinyl expressly prohibited; and

c.      All shall have fully sodded yards; and

d.     All shall have two-car enclosed garages where feasible as determined by the Henry County Building Department; and

e.       All shall have a minimum of an 7/12 pitch roof on the main body of the roof as determined by the Henry County Building Department; and

f.       All shall have architectural grade roof singles, determined as three hundred pounds (300 lbs.) per square.

Condition 27:  If another revised notice of decision be issued, staff is instructed to handle it administratively.

         

          Tim Jones Properties, Inc. / Jones & Black Development, LLC of Jonesboro, GA – AP-06-26

Tim Jones Properties, Inc./Jones & Black Development, LLC of Jonesboro, GA requested a variance for property located on the east and west sides of Dutchtown Road, south of Jonesboro Road.  The property is located in Land Lots 119, 120, 137, 138 and 152 of the 6th District, consisting of 225.18+/- acres.  The request was for development standards in the R-2 (Single-Family Residence) zoning district.  The request was denied by the Henry County Zoning Advisory Board on November 9, 2006.  The applicant filed an appeal with the Henry County Planning & Zoning Department on November 16, 2006.

          The Chairman announced that he needed to leave the meeting but would return and Vice-Chairman Adams would preside, and also to move the agenda item regarding an Ordinance to after executive session if the Chairman has not returned.

          Staff stated the applicant is seeking a variance regarding an R-2 development.  The applicant’s request is to reduce the minimum lot size, minimum lot width, minimum front yard setback and minimum side yard setback for a development within an R-2 zoning district.  The applicant is proposing to develop single-family residences on 12,000 square feet with a minimum lot width of 80 feet, a side yard setback of 10 feet and a front yard setback of 35 feet.  The approval of the requested variance would allow for the development of lots which is most consistent with that of an R-3 subdivision.  Currently there are no other developments nearby with similar lot divisions.

          Tim Jones represented the applicant for this request.  Mr. Jones stated the request is for more density within one pod of the development.  There are approximately 1,300 to 1,400 homes within the development and this request is would allow 55 to 60 additional lots.  This request is a trade off for road improvements for Dutchtown Road.         

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

          Mr. Jones stated they have spoken with a lot of the residents in the area.

          Commissioner Mathis made the motion to approve the request for a variance; Commissioner Holman seconded.  The motion carried 3-1-0 with Commissioner Holder voting in opposition.  The following resolution was approved:

WHEREAS, Tim Jones Properties, Inc./Jones & Black Development, LLC of Jonesboro, Georgia, applied for a variance (VR-06-37) for development standards in the R-2 (Single-Family Residence) zoning district for property located on the east and west sides of Dutchtown Road, south of Jonesboro Road (Parcel ID Number 018-01-023-000), in Land Lots 119, 120, 137, 138 and 152 of the 6th District, consisting of 225.18+/- acres; and

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

WHEREAS, the Henry County Zoning Advisory Board reviewed and denied the request for a variance on November 9, 2006; and

WHEREAS, the Henry County Board of Commissioners reviewed the merits of applicant’s appeal of the Henry County Zoning Advisory Boards’ denial, and wished to grant the applicant’s request;

NOW THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners overturns the denial and approves a variance allowing a minimum lot size of 12,000 square feet, a minimum lot width of eighty feet (80’), a minimum thirty-five foot (35’) front setback, and a ten foot (10’) side setback for those approved lots located within Pod C on that Site Plan dated/revised 02/04/05.

 

          Thelma G. Walden of McDonough, GA and Hazel G. Chamlee of Ellenwood, GA – RZ-06-53

Thelma G. Walden of McDonough, GA and Hazel G. Chamlee of Ellenwood, GA request a rezoning from RA (Residential-Agricultural) to C-2 (General Commercial) for property located at 403 Fairview Road.  The property is located in Land Lot 198 of the 12th District, consisting of 3.141+/- acres.  The request is for future commercial development.  The Zoning Advisory Board recommended approval, November 9, 2006.

Staff stated currently the applicants have no intentions for developing the property, it’s for future sales.  As depicted on the site plan the development meets all the C-2 development guidelines.  Approval of this rezoning request would be consistent with that of the Future Land Use Map.  The subject property is one of two remaining residentially zoned properties on the south side of Fairview Road.  The planning staff recommended approval.  Two additional conditions have been added to this zoning regarding the future right-of-way for Fairview Road.

Thelma G. Walden represented the applicants for this request.  Ms. Walden stated she is part owner of the property along with her sister Hazel G. Chamlee.

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

Commissioner Holman made the motion to approve the rezoning request with ten (10) conditions; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Thelma G. Walden of McDonough, GA and Hazel G. Chamlee of Ellenwood, GA (RZ-06-53) applied to rezone the subject property from RA (Residential-Agricultural) to C-2 (General Commercial) for future commercial development.  The property is located at 403 Fairview Road (Parcel ID Number 025-04-039-000) in Land Lot 198 of the 12th District, consisting of 3.141+/- acres; and

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

WHERAS, the Henry County Zoning Advisory Board reviewed and recommended approval of the rezoning request from RA (Residential-Agricultural) to C-2 (General Commercial) on November 9, 2006.

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the above rezoning request with the following eight (8) conditions:

 

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

 

2.     Dumpster(s) shall be placed on a concrete pad and enclosed on three (3) sides.  The enclosure shall be constructed of brick, stone, stucco or any combination thereof.

 

3.     Entrance locations are to meet the minimum intersection sight distance for the posted speed limit of the road.

 

4.     Entrance locations shall have acceleration tapers/deceleration lanes, to be constructed to Henry County Department of Transportation standards.

 

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

 

6.     A detailed landscaping plan shall be submitted.  The Planning and Zoning Department shall have final approval of the plan prior to final plat approval.

 

7.     Primary ground signage shall consist of a monument-based sign that is consistent in design with the primary structure, constructed of brick, stone, stucco or any combination thereof.

                                                                     

8.     Notwithstanding anything to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in such a manner so as to require any violation of any existing building, development, stormwater and/or any other applicable codes.

 

9.     The applicant has agreed to donate/preserve future right-of-way based on the Fairview Corridor Study Concept Plan, dated July, 2006 prepared by McGee Partners.

 

10.                        All building setback lines shall be based off of future right-of-way for the Fairview Corridor Study Concept Plan, dated July, 2006 prepared by McGee Partners.

 

John McGarity of McDonough, GA – MC-05-01

John McGarity of McDonough, GA requests a modification to a master Development Plan for property located on the northern side of Walker Drive, west of S.R. 155.  The property is located in Land Lot 256 of the 7th District and 241 of the 2nd District, consisting of 233+/- acres.  The request is to modify a Master Development Plan for a Planned Development. The Board of Commissioners denied the request on January 17, 2006. 

Staff stated the property is part of a Master Development Plan encompassing 600 +/- acres know as Gone with the Wind Planned Development.  The applicant is requesting to modify the Gone with the Wind Master Development plan by proposing the following residential land uses:

1.     220 single-family units (minimum lot size of 7,800 square feet)

2.     213 single-family units (minimum lot size of 9,100 square feet)

3.     111 single-family units (minimum lot size of 10,400 square feet)

4.     86 multi-family units – townhomes (minimum lot size of 2,200 square feet)

5.     Total of 630 units

In addition the Applicant is proposing 18.5 +/- acres of commercial along Walker Drive, 47.2 +/- acres of open space, and a 1.58 acre amenity area.  The net density for the proposed development is 3.48 dwelling units per acre (per discussions with the applicant’s engineer). 

Commissioner Stamey asked the County Attorney if this request is part of a Consent Order.  Mr. Jaugstetter stated there is an order that allows the Board to reconsider the rezoning.  There is an agreement with the developer that spells out the terms. 

Commissioner Stamey stated if the Board approved the request is there anyone from the Water & Sewerage Authority present because they are part of the order.  Mr. Jaugstetter stated a letter was received from the Water & Sewer Authority that stated they are in agreement to the terms.

Vice-Chairman Adams called for public comments from anyone wishing to speak in opposition to the request; there was opposition.

David Flint represented the applicant.  Mr. Flint stated after negotiations and mediations and the approval by the Henry County Water & Sewerage Authority, the applicant is prepared to abide by the terms of the Consent Order and the agreement. 

Scott Honeycutt spoke in opposition to the request.  Mr. Honeycutt stated he lives on Walker Drive in the Summerlake subdivision and they do not need anymore neighborhoods on Walker Drive.  There was a recent fatality at the corner of Walker Drive and Highway 155.  Mr. Honeycutt proposed a park or greenspace in the area.

Commissioner Mathis commented that this particular property posed a challenge in the fact there was a zoning already placed on the property and the applicant is only asking for modification.  This property was rezoned in the mid-90’s along with the Summerlake Subdivision.  When this was first reviewed the concern was the density, and the watershed. Those were the issues that needed to be worked out.  Unfortunately for Henry County, in the early 90’s there was nothing in the County and any growth was good growth.  We don’t have that problem currently.  This property was rezoned and the property owners have the right to build on it, they were given that right in the 90’s.  The modification is details that have been worked out with the current owners on how the subject property can be developed.  There are issues with the Walker/Hwy. 155 intersection and the county is working to get the intersection taken care of.  The developer of the subject property will be contributing one hundred thousand dollars for the master plan of the road.

Commissioner Mathis made the motion to approve the request subject to the consent agreement; Commissioner Holman seconded.

Commissioner Holder commented he was involved with the negotiations for this request and there were concerns regarding the Watershed Ordinance that has been adopted since the rezoning of the subject property. (Mr. Darrell Walker, Water Authority Board Member, was present at the meeting)  The Water Authority wasn’t particularly happy with the agreement and the Board wasn’t particularly happy and Mr. Flint wanted more for the property owners.  When you can walk away and all parties feel they left something on the table, it’s a reasonable deal.  It’s not what we wanted, but it’s better than what we had.

 The motion carried unanimously approving the following resolution:

WHEREAS, John McGarity (MC-05-01) applied for a modification to a Master Development Plan for a PD (Planned Development) regarding property rezoned by the Board of Commissioners on March 23, 1993 for property located along the north side of Walker Drive, to the west of State Route 155 and to the east of Strickland Road (parcel #078-01-006-000).  The property is located in Land Lots 241 and 256 of the 2nd District, consisting of 232.76+/- acres; and 

          WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

          WHEREAS, the request was to modify a Master Development Plan regarding specific land uses and density; and

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the aforementioned request, subject to the terms and conditions set forth on the Agreement attached hereto as Exhibit “A” (which will be filed with the resolution in the County Clerk’s office).

 

          Stormwater Credit Policy Manual

          A stormwater fee credit is a reduction in the stormwater user fee for specific activities that reduce a property’s impact on the drainage system and/or stormwater program costs.  Properties that significantly limit negative impacts through specific stormwater controls may receive a credit adjustment to their Stormwater Utility User Fee.

          On September 5, 2006, the Board of Commissioners signed a resolution to amend an existing services agreement with ARCADIS Engineering to include services related to the creation of a Stormwater Utility Fee Credit Policy.  There were numerous meetings to discuss the credit policy.

          On October 16 and 17, 2006, ARCADIS conducted work sessions with the Board and distributed the draft credit policy manuals.  Another credit policy work session was done on November 6, 2006.  On December 11, 2006, staff conducted two meetings with the 150 members of the business community and 198 churches, to discuss the credit policy. Since that date, ARCADIS has been finalizing the results from those meetings.

          Pete Yakimowich, with ARCADIS stated a summary was done from the questions and comments received from the business owners.  The comments were very positive and the program as viewed as important.  They felt the basic fee structure is fair and the budget was appropriate and the credit policy was a reasonable approach to providing discounts for those who would implement measures on their property to reduce the cost to the County and improve water quality.  They generally agreed that the proposed application fees were fair and equitable and not unreasonable.  If the manual is approved it would call for the first 60 days (from January to March 1st) to be an open period for applications to be filed.  The next 60 days would be reserved for staff to review the applications.  Pending the review, a decision will be given to the applicant and the applicant will have 60 days to appeal.

          Commissioner Holder stated since the credit policy has been presented to the community, the Churches have questioned why they have to pay for the process. If the applicant has to pay $250 to apply, what is the net result?

          Commissioner Mathis stated she has received feedback from the Churches asking are they tax exempt.  She informed them this is not a tax, it’s a fee.

          Staff stated all churches within Unincorporated Henry County (approximately 198) were invited to the work sessions.  There was confusion because the fee appears on the tax bill, but after explaining that this was the most cost effective way to get the bill out and explaining the process and what the fee is, they were accepting.   One of the questions was if next year there could be an option to pay the fee monthly or some type of flexibility in the payment method.

          Commissioner Adams stated when the Board entered into an agreement with ARCADIS for the stormwater program, he voted against ARCADIS but they have done a good job.

          Rob Magnaghi, the County Manager, stated during the public information segment of the stormwater program, notices were sent to all the major users of the county.  There was little response initially from the Churches. Now that the Churches understand, there has been little resistance. 

          Commissioner Stamey stated he understands a payment system is being considered for the Churches but would like for the system to be available to the businesses also.

          Staff indicated that a flexible payment system will be considered for next year’s billing.

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

WHEREAS, Henry County has obtained a Phase II National Pollution Discharge Elimination System permit to operate a municipal stormwater system and desires to comply with the provisions and conditions of the Phase II National Discharge Elimination system permit; and,

WHEREAS, the Board of Commissioners of Henry County has determined that it is in the best interest of the community to manage water quality and stormwater runoff and desires to provide for the effective administration, planning and engineering, regulation and enforcement, operation and maintenance, and capital improvement of the County’s stormwater system consistent with the policies of the Georgia Stormwater Management Manual; and

WHEREAS, the Henry County Board of Commissioner has determined that adequate, stable, and dedicated funding will be essential if the County is to meet its future stormwater management program operational and capital investment needs; and,

WHEREAS, the Henry County Board of Commissioners by action taken May 15, 2006, has adopted and authorized the operation of a Stormwater Management Utility that includes stable, dedicated, and non-discriminatory funding for the obligations of the Stormwater Management Utility ; and,

WHEREAS, the action taken by the Henry County Board of Commissioners on May 15, 2006 prescribed a stormwater management service fee credit policy; and,

WHEREAS, the adopted credit policy requires criteria and a process for the appropriate and effective adjustment of stormwater fees; and,

WHEREAS, the Board of Commissioners of Henry County is the governing body of the jurisdiction having authority to adopt policy concerning stormwater operations pursuant to the Constitution of the State of Georgia and the Official Code of Georgia Annotated, and as amended from time-to-time.

NOW, THEREFORE, BE IT RESOLVED THAT the Board of Commissioners of Henry County hereby determines that the “Service Fee Credit Manual”, presented October 16, 2006 and November 6, 2006 to the Board of Commissions is consistent with the policy adopted May 16, 2006 and provides a sound basis for implementing and administering that policy.; and,

BE IT FURTHER RESOLVED THAT the Board of Commissioners of Henry County authorizes the adoption of the “Service Fee Credit Manual” ( a copy of the Service Fee Credit Manual will be retained with the resolution in the County Clerk’s office.)

 

SPLOST/CAPITAL PROJECTS

          Right of Way Contract with Georgia Department of Transportation

          East Lake Road Extension Phase II (from Springdale Road to SR 155) is a designated SPLOST II project with GDOT funding.

          If the contract is approved Georgia Department of Transportation will reimburse the County up to $1,000,000.00 for right of way acquisition cost.

          In approving the contract and accepting the funds the County agrees to abide by rules and regulations for obtaining the right of way and also to accept the donations. 

          There are two contracts, East Lake Extension and McDonough Parkway Extension.  For the East Lake Extension, there will be a contribution of one million dollars and on McDonough Parkway Extension there will be a two hundred thousand dollar contribution from the Georgia Department of Transportation.

          Commissioner Stamey made the motion to approve the request; Commissioner Mathis seconded. 

          Commissioner Holder asked what it will cost the county to comply with state roads.  Staff stated the total contribution from the Georgia Department of Transportation for the entire project, which includes right of way acquisition and construction, is approximately six million dollars. This reimbursement is a portion of the total cost.  On the McDonough Parkway Extension the contribution from GDOT is approximately three million for the total project.  Certain procedures have to be followed to be in compliance to receive the funds.

          Commissioner Mathis stated she noticed within the contract that is states “during the life of the contract and prior to the completion of the construction work and final acceptance of the project by the department, the county agrees not to use convict labor in anyway on the project”, why is that.

          Staff indicated the reason for this statement within the contract was unknown, but convict labor is not used on road situations as this.  Occasionally convict labor is used to move a fence; in this project the annual fence contractor would be used.

          Commissioner Holman asked staff if the requirements of the State were any different from what normally is done.  Terry McMickle, Public Works Division Director, stated when right of way is acquired under state contracts; the county must abide by Federal Guidelines in securing the right of way.  One of the ways it’s different, for example, if a property owner donates right of way, they would have to sign an affidavit stating they were aware they could have received payment for the donated right of way.  This is the biggest difference.

          Commissioner Holman asked staff if it was more costly to follow the state guidelines.  Mr. McMickle responded it is more costly, but with the funding that will be received, it is highly recommended that the contract be signed and guidelines are followed.

          Vice-Chairman Adams asked staff when would construction being on this project.  Staff stated right of way acquisition is ready to begin on the McDonough Parkway Extension and the East Lake Extension is scheduled for Fall or Winter of 2007.

          Vice-Chairman Adams called for a vote on the motion.  The motion carried unanimously approving the following resolution:

WHEREAS, East Lake Road Extension Phase II (from Springdale Road to SR 155) is a designated SPLOST II project with GDOT funding; and

 

WHEREAS, Henry County agrees to abide by all state and/or federal regulations, rules, laws, and guidelines when acquiring all necessary right of way and/or easements for the East Lake Road Extension Phase II project; and

 

          WHEREAS, if Henry County agrees to the above-mentioned, right of way is to be acquired by Henry County and GDOT would reimburse up to $1,000,000.00 for right of way acquisition cost; and

          WHEREAS, funding for the right of way is available within the project; and

          NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the right of way contract with Georgia Department of Transportation and authorizes the Chairman of the Board to sign all necessary documents for the right of way contract.

 

          Right of Way Contract with the Georgia Department of Transportation

          McDonough Parkway Extension is a designated a SPLOST II project with the Georgia Department of Transportation funding.

          Henry County agrees to abide by all state and/or federal regulations, rules, laws, and guidelines when acquiring all necessary right of way and/or easements for the McDonough Parkway Extension project.

          If Henry County agrees, right of way is to be acquired by Henry County and GDOT would reimburse up to $200,000.00 for right of way acquisition cost per the contract.

          Commissioner Holman made the motion to approve the request; Commissioner Holder seconded.

          Commissioner Stamey stated there are several phases of this project, which phase is this request for.  Staff stated this phase is from Highway 42 to the existing McDonough Parkway.

          Commissioner Holman withdrew his motion.

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

WHEREAS, McDonough Parkway Extension is a designated SPLOST II project with GDOT funding; and

          WHEREAS, Henry County agrees to abide by all state and/or federal regulations, rules, laws, and guidelines when acquiring all necessary right of way and/or easements for the McDonough Parkway Extension project; and

          WHEREAS, if Henry County agrees to the above-mentioned, right of way is to be acquired by Henry County and GDOT would reimburse up to $200,000.00 for right of way acquisition cost; and

          WHEREAS, funding for the right of way is available within the project; and

          NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the right of way contract with Georgia Department of Transportation and authorizes the Chairman of the Board to sign all necessary documents for the right of way contract.

 

ASSISTANT TO THE COUNTY MANAGER

 

Contract Inmate Work Detail to be used by the SPLOST/Capital Projects Department

Capital Projects/SPLOST requests the addition of an inmate contract work detail for dedicated use within the Capital Projects and SPLOST programs.  This crew, which would be similar to the two existing crews being used by Facilities Maintenance and Stormwater Management respectively, would provide a cost-effective mechanism to perform certain capital improvements.

The working arrangement for this Capital Projects/SPLOST crew would be similar to the existing Facilities Maintenance and Stormwater Management crews.  The Spaulding County Correctional Institution would supply one contract detail officer (corrections officer to supervise the inmate crew) and between 8 and 12 inmates.  Henry County would supply transportation (work vehicle) for the inmate work crew.

Commissioner Holder asked staff if transportation is available to transport the crew.  Staff indicated that short term transportation is available. 

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

WHEREAS, the Board of Commissioners is the custodian of the county treasury and the county facilities of Henry County; AND

 

WHEREAS, the Board of Commissioners is responsible for various capital improvements and other capital projects pertaining to these county facilities at any given time; AND

 

WHEREAS, the Board of Commissioners desires to continually seek effective and efficient opportunities to perform capital projects; AND

 

WHEREAS, the use of a contract inmate work detail will provide resources to the Capital Projects and SPLOST programs in a cost-effective manner.

 

NOW THEREFORE BE IT RESOLVED by the Henry County Board of Commissioners that the Board hereby authorizes the Chairman to execute an agreement with Spalding County for an inmate work crew for use by the Capital Projects/SPLOST programs.

 

Cutting the fields at Nash Farm

Bids were solicited to cut the fields at Nash Farm; no responses were received.  The fields have not been mowed in over a year, other than what was used for the Independence Day Festivities.  Currently there is not sufficient staff nor equipment to provide this service on a regular basis. 

Mr. Richard Little currently cuts the fields located next to Nash Farms and offered to cut the fields at Nash Farms one time, since he had his equipment on the neighboring property.  He would take the hay and sign a liability wavier drafted by the County Attorney.

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

WHEREAS, Nash Farm has an immediate need to have the grass/hay cut on the battlefield; and,

          WHEREAS, sealed bids were solicited for the cutting of the grass/hay with no responses; and,

          WHEREAS, Mr. Richard Little has agreed to cut and remove the grass/hay from Nash Farm on a one time basis at no charge

          NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners do authorize Mr. Richard Little to cut and remove the grass/hay from Nash Farm on a one time basis at no charge.

 

Commissioner Holman made the motion to amend the agenda and move the request for an amendment to an ordinance to after executive session; Commissioner Holder seconded.  The motion carried unanimously.

County Manager Comments

There were no comments

County Attorney Comments

Annexation – City of Locust Grove

Annexation & Rezoning, by the City of Locust Grove, of approximately 17.7 acres located on the south side of Highway 42, north of the intersection with Tanger Boulevard Extension.

The proposal is to annex the property and rezone it to the City’s RM-2 zoning designation, which is a multi-family zoning designation with a density of eight (8) units per acre.  The annexation/rezoning portion of the Service Delivery Strategy Agreement, executed with the Cities one year ago, indicated that a Joint Land Use Plan would be prepared for the a doughnut area circling each City.  Within that doughnut area, each City could designate up to 10% of the total area to be multi-family up to eight (8) units per acre.  The Joint Comprehensive Land Use Plan has not been adopted. 

An objection to the annexation was filed with the City of Locust Grove before the Board meeting because of the limited time frame.  The request is for the Board to indicate whether an objection is warranted.  It was suggested that staff review the annexation and rezoning request and prepare a list of primary concerns so they can be presented to the City of Locust Grove.

Commissioner Holder made the motion to confirm the objection; Commissioner Holman seconded.

After discussion regarding the density and proposed use of the subject property, Commissioner Holder withdrew his motion and Commissioner Holman withdrew his second.  Commissioner Holder made the motion to table this item to after executive session; Commissioner Holman seconded.  The motion carried unanimously.

 

Amendment to a Drainage Easement

In 1998, the County acquired a small tract of land on Evergreen Terrace, off of Rock Quarry Road (the “County Property”).  At the time of acquisition, there was a preexisting Drainage Easement on the County Property which permitted the owner of the property being developed into an apartment complex (Park Creek at Eagles Landing) to  construct a stormwarter onto the County property.

The Drainage Easement contained an Indemnity Provision as follows:

Grantee expressly agrees to indemnity and hold Grantor harmless from and against all loss, cost, damages, and claim of judgment resulting from Grantee’s construction on the Grantor Property.

          The construction of the drainage pipes on the County property has been completed for some years.

          The current owner of the Grantee Property (Benchmark North Park Associates, L.P.) is seeking to obtain a new loan on the property.  The loan is to be made by the U. S. Department of Housing and Urban Development (H.U.D.). H.U.D. refuses to proceed with the loan if it will be bound by the Indemnity Provision.

          Attorneys for the current owner have requested that the County amend the Drainage Easement in a manner so as to release H.U.D. from the Indemnity Provision in the event that H.U.D. should ever acquire title to the Property (Either through foreclosure or a voluntary sale).

          Commissioner Adams made the motion to deny the request; Commissioner Holman seconded.  The motion carried unanimously.

PUBLIC COMMENTS

          Mr. John Heintz, 75 Windhaven Court, addressed the Board regarding the Henry County Public Hearing Signs.  The dates on the signs are hard to read.  The other problem is there is little difference between a Zoning Advisory Board Hearing and a Board of Commissioners Hearing.  If there is a short time period when a change is made, a lot of people do not realize a change has been made.  Mr. Heintz suggested the Board consider different colors for the Zoning Advisory Board meetings and the Board of Commissioners.  Also maybe increase the size of the signs.

          The Chairman stated staff currently puts up signs, maybe contract with three or four sign company’s and the developers pay a sign fee and the sign company would install the signs with standardized lettering.  There are a number of ways this can be improved, increased size of the signs and adhesive letters would help.

 

UPCOMING MEETINGS:

Tuesday, December 19th @ 6:30 p.m.

Monday, January 1, 2007, Holiday-No Meeting

Tuesday, January 2, 2007, @ 9:00 a.m.

Monday, January 15, 2007, Holiday – No Meeting,

Tuesday, January 16, 2007 @ 6:30 p.m.        

 

EXECUTIVE SESSION

          Commissioner Holman made the motion to enter into executive session for litigation, personnel, and real estate acquisition matters; Commissioner Stamey seconded.  The motion carried unanimously.

 

AN EXECUTIVE SESSION WAS HELD

 

          Commissioner Adams made the motion to reconvene into public session; Commissioner Holman seconded.  The motion carried unanimously.

          Commissioner Adams made the motion to approve the executive session affidavit; Commissioner Holman seconded.  The motion carried unanimously.

          Commissioner Mathis made the motion to amend the agenda to authorize expenditure in the amount of $9,589 for a used vehicle for the SWAT from the narcotic funds; Commissioner Holman seconded. The motion carried unanimously approving the following resolution:

WHEREAS, the Henry County Bureau of Police Services occupies certain leased space within Henry County; AND

WHEREAS, the Bureau of Police Services desires to renew the lease for this space for a period ending December 31, 2007; AND

WHEREAS, this space is occupied for certain operations of the Bureau of Police Services.

NOW THEREFORE BE IT RESOLVED by the Board of Commissioners that the Board hereby authorizes the execution of the First Amendment to Lease by the Chairman of the Board of Commissioners.

BE IT FURTHER RESOLVED that the costs of this lease shall be supported by the necessary and appropriate account(s) maintained through the Bureau of Police Services.

 

          Annexation – City of Locust Grove

          Commissioner Holder made the motion not to object to the annexation but to get clarification of the buffer; Commissioner Holman seconded.  The motion failed 2-3-0 with Commissioners Holder and Holman in favor and Commissioners Mathis, Stamey and Adams opposed.

          Commissioner Mathis made the motion to file an objection based on the density and to get clarification of the buffer; Commissioner Holman seconded. 

          Commissioner Mathis amended the motion to add four units per acre; Commissioner Holman amended his second.  The motion carried 4-1-0 with Commissioner Holder opposed.

          Amendment to an Ordinance

          Chairman Harper stated currently smoking is banned within county buildings.  Chairman Harper further stated at the Lighting of the Christmas Tree Program everybody was huddled together and two people decided to smoke, which caused a little dissention.

          It was mentioned that smoking be banned on public property. There is an existing Ordinance for prohibited acts within parks.  Parks was used because people congregate on bleachers, at the play ground and this is not an appropriate place to smoke. 

          Commissioner Adams asked how this would be enforced.  Chairman Harper stated signage would be placed on the property and citations would be issued by Henry County Code Enforcement and/or the Henry County Police Department.  Park Staff could ask any violator to cease.  The intent is not to arrest anyone or issue tickets, but hopefully if the word is spread and signage is in place that smoking is not allowed.

          Commissioner Holder stated that signage should be placed at the entrance of all parks in a uniform manner.

          Commissioner Adams stated within the parks in Clayton County there is a list of rules.

          Commissioner Mathis stated a notice of this amendment should be sent to all the youth associations.

          Commissioner Holman asked if Clayton County currently prohibit smoking within the parks.

          Commissioner Adams confirmed.

          Rob Magnaghi, the County Manger, suggested that there be designated smoking areas for smokers.

Chairman Harper stated he could see having designated smoking areas for public buildings, but it should be banned within parks: smoke cannot be contained outside.

Commissioner Adams stated smoking is banned in Clayton County Parks for safety reasons also.  Fires have been started in the dry seasons.

Commissioner Stamey stated he supported no smoking in parks and signs should be clearly posted as you enter the parks and within the park area.  Commissioner Mathis and Adams agreed.

Commissioner Adams made the motion to approve the amendment to an ordinance prohibiting smoking within public parks and to place ample signage within the parks; Commissioner Mathis seconded.  The motion carried unanimously approving the following ordinance:

WHEREAS, the Board of Commissioners has a duty to protect the health, safety and welfare of the citizens of Henry County; and

 

          WHEREAS, second-hand smoke is a leading cause of health related issues which negatively affect the public well-being; and

 

          WHEREAS, smoking is banned in the public buildings of Henry County; and

 

          WHEREAS, the State of Georgia has passed legislation which bans smoking within certain restaurant and dining establishments; and

 

          WHEREAS, the public parks of Henry County are primary locations where families and children congregate for both passive and active recreational purposes; and

 

          NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Henry County, Georgia, and it is hereby ordained by the authority of the same that Article I of Chapter 3-13 of the Code of Henry County, Georgia, is hereby amended as follows:

I.

Section 3-13-4(a) Parks Prohibited Acts – is amended to add the following subsection (13):

 

(13) It shall be unlawful for anyone to smoke tobacco products within the confines of any Henry County Public Park. It shall be unlawful for any person to inhale, exhale, burn or carry any lighted cigar, cigarette, pipe, weed, plant or other combustible substance in any manner or in any form on any public park owned or operated by Henry County

 

II.

All other ordinances in conflict with this ordinance are hereby repealed.

 

III.

This Ordinance shall take effect immediately upon its adoption by the Henry County Board of Commissioners, the public welfare demanding it.

 

          BE IT FURTHER RESOVELED, proper signage shall be placed at all public parks to notify users.

 

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