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, July 18, 2006, in Conference Room “B,” 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, presiding

                        Gerry Adams, Vice-Chairman, District IV Commissioner

                        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 F. Turner, Deputy County Manager and Public Safety Division Director; Michael Harris, Planning and Development Division Director; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant to the County Manager; Julie Hoover-Ernst, Communications Director; Ray Gibson, Planning and Zoning Director; Cheri Hobson-Matthews, Planning and Zoning Assistant 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.)

 

Chairman Harper called the meeting to order and made the following three (3) changes to the Agenda; Item VI-A, Request Approval of the Adoption of an Updated Interim Land Use Plan Amendment to the Henry County Comprehensive Plan, will be tabled until a later date, and it will be advertised as to when this item will be heard. The following two (2) additions to the Agenda will be listed as V-B and V-C; V-B will be the Resolution to Approve Membership in the Metro Atlanta Arts & Culture Coalition, and V-C will be the Resolution Approving Pre-Cast Jail Cells and Awarding the Contract to Tindall Corporation.  Commissioner Holman made the motion to approve the amended Agenda; Commissioner Adams seconded.  The motion carried unanimously.

 

 

 

 

A Proclamation in Appreciation of
People First of Henry County
  and the Mr. & Miss Special Henry County Pageant

 

WHEREAS, People First of Henry County, Inc. is a non-profit organization that was formed to foster and promote fair and equal opportunities for people with disabilities and build their self-esteem by providing meaningful opportunities for them to raise public awareness of the special needs population throughout Henry County and the State of Georgia; and

WHEREAS, the Mr. and Miss Special Henry County Pageant was founded in 2003 by Lyndsey Mills, Tina Mills and Connie Dodgen, mother of a special needs daughter to build the confidence and self esteem of people with special needs.  The pageant now serves as a catalyst for promoting and advancing People First’s cause of "Fairness and Equality for People with Disabilities" via the Kings’ and Queens’ appearances throughout the County and the state of Georgia; and 

 

WHEREAS, the Henry County Board of Commissioners wishes to express its appreciation for People First’s dedication to building self-esteem among people with disabilities, raising awareness of both their needs and their abilities, and creating programs that help our special needs population reach their full potential.

 

NOW, THEREFORE, BE IT PROCLAIMED the week of July 17-23, 2006 as Mr. & Ms. Special Henry County Week, which culminates in the Mr. and Miss Special Henry County Pageant on July 22 at 6 p.m. at the Henry County Performing Arts Center.  We encourage all citizens to attend this event, volunteer with this organization and enrich your lives through the extraordinary spirit of these individuals.

 

 

Chairman Harper asked for representatives, who were present, to join the Board of Commissioners for the presentation of the Proclamation.  (Photos were taken of the representatives with the BOC.)

 

 

 

 

Chairman Harper announced Ms. Mary Gilbert, of the American Cancer Society, is present, and she will be making a trip to Washington, D. C. to make a presentation to our Senate and Congressional Delegation, and she has a Banner of HOPE, that is being signed by Henry County residents, and they would like as many signatures on it as possible.  He said the Banner will be brought into the Meeting Room, and after this meeting, Chairman Harper asked for everyone present to sign it. 

 

Ms. Mary Gilbert said, “I am a cancer survivor, and I am Henry County’s Advocacy Chairman with the American Cancer Society.  The Banner here tonight is the banner that was our ‘Relay for Life,’ and I have been taking it throughout the County asking people to sign it.  We are going to take it to Washington, and we are going to have a relay on the Hill, and we are going to talk to our Congressmen and Senators about the proposed 2007 Federal budget, in which every single program that impacts on the battle against cancer has been cut.  I know we are in the middle of a war, but I think there is some money that can be found somewhere.  We do not want to go backwards in the battle against cancer. The Director of the National Institute of Health has proclaimed the year 2015 to end the death and suffering from cancer.  It is achievable; if the money is out there to pay the best and brightest to do research, that is why we are going to Washington.  When I return from Washington, I will bring the Banner back with me, and the hospital is building a new Cancer Center, and hopefully they will allow us to display it, and your name will be displayed on the Banner. ”

 

 

A Resolution to Approve Membership in the Metro Atlanta Arts & Culture Coalition.

 

WHEREAS, the Henry County Board of Commissioners understands that thriving arts programs contributes to a better quality of life for our citizens;

 

WHEREAS, the Henry County Board of Commissioners wishes to foster the growth of Henry County’s numerous Arts and Cultural Programs;

 

WHEREAS, Henry County is the first county outside the five county metropolitan Atlanta region to be invited to be a member of the Metro Atlanta Arts & Culture Coalition;

 

WHEREAS, Henry County’s arts and cultural programs stand to benefit from a partnership with MAACC by taking advantage of the organization’s exposure before the greater Atlanta area and experience in nurturing the success of hundreds of arts programs across metro Atlanta;

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners wishes enter into a partnership with the Metro Atlanta Arts & Culture Coalition and authorizes the Chairman to sign a contract affirming this partnership.

 

 

Commissioner Holder made the motion to approve the resolution; Commissioner Adams seconded.  The motion carried unanimously.

 

 

A Resolution of the Board of Commissioners Regarding Pre-Cast Jail Cells and Associated Structural Pre-Cast Concrete for the Expansion of the Henry County Detention Center (County Jail).

 

WHEREAS,   the Board of Commissioners has authorized an expansion of the Henry County Detention Center (County Jail); and

 

WHEREAS,   part of the scope of this expansion is the addition of new housing pods with secure pre-cast inmate cells; and

 

WHEREAS,   a request for proposals was issued by the Budget & Procurement Department as a means to solicit responses from qualified vendors for the manufacture of pre-cast jail cells and associated structural pre-cast concrete; and

 

WHEREAS, one firm responded to this solicitation for proposals.

 

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HENRY COUNTY that the Board hereby accepts the proposal, as revised, by Tindall Corporation Corrections Division for the installation of pre-cast jail cells and associated structural pre-cast concrete for the expansion of the Henry County Detention Center (County Jail) in an amount of $5,973,000.00 (five million, nine hundred, seventy-three thousand dollars and no cents).

 

BE IT FURTHER RESOLVED that the Chairman may execute the appropriate documentation to accept this proposal on behalf of the Board of Commissioners.

 

 

Commissioner Mathis made the motion to approve the resolution; Commissioner Stamey seconded.  The motion carried unanimously.

 

 

PLANNING AND DEVELOPMENT DIVISION:

 

Rezoning: Victory Worship Center c/o Keith Nation of McDonough, Ga. – RZ-06-19 – District IV.

 

            WHEREAS, Victory Worship Center, c/o Keith Nation (RZ-06-19) applied to rezone the subject property from RA (Residential Agricultural) to OI (Office/Institutional) for the development of two (2) church/religious facilities.  The property is located east of Old Macon Highway, on the south side of Valley Hill Road (Parcel ID # 029-01-009-000) in Land Lots 90 and 103 of the 12th District, consisting of 9.75+/- 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 denial of the rezoning request from RA (Residential Agricultural) to OI (Office/Institutional) on June 8, 2006.

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners denies the above rezoning request.

 

 

Ms. Cheri Hobson-Matthews, Planning and Zoning Assistant Director, said the property is located east of Old Macon Highway on the south side of Valley Hill Road.  She said the property is designated for low-density residential land uses, based on the Future Land Use Map, and the property abuts single-family residences on the north, south, east and west.  Ms. Matthews said the zoning request is inconsistent with the overall zoning scheme of the area.  The Zoning Advisory Board recommended denial of the request.

 

Chairman Harper asked if there was any opposition to the request by the Church; there was response from the audience.

 

Mr. Raymond King, of 112 Valleydale Drive, Stockbridge, said his property backs up to the subject property.  He said there already exists one Church down the street on Valley Hill Road, and the Police are consistently running people off, kids are hanging out, and trucks try to park at this location overnight. He stated it is believed that is why crime is going up in the neighborhood.  He said there is a curve where they would like to construct the Church, and where they plan to have an entrance and exit, there have been several wrecks at that site.  Regarding the lights, he stated the whole neighborhood would be lit, and there would be no privacy in the back yards. Mr. King said the gas plant is in the back, and the noise is unbearable.  Changes have been made to make it quiet, but the Plant Manager said based on the contour of the land, if the 50 or 60 trees are cut down (acting as a buffer), when the gas plant starts pumping natural gas, people would not be able to live there.  Mr. King asked the Board to deny the request.

 

Chairman Harper asked Pastor Keith Nations of Victory Worship Center to come forward.

 

Pastor Nations said he would like to speak on the noise factor.  He said the Church currently holds services twice a week (Sundays and Wednesdays).  He stated the services held would not create any unnecessary burden to the community.  Pastor Nations said lights are already on the property; there are two (2) light poles that provide security lighting on the property, but there will be additional lighting installed to make the area secure.  He stated they have already factored in the traffic, and it has been incorporated in their plans to ensure it would not be a problem to the community. 

 

Commissioner Mathis said she noticed Pastor Nations made application for O/I; she asked why a conditional use was not considered, since this is in the middle of a residential community. 

 

Pastor Nations stated they understood a conditional use could be available to them; he said they are hard-pressed in the area where they are presently.  He said there are 4 or 5 ministries in the same area, and the existing building is not conducive for church services, where heating and air are a problem. He said the O/I would be most favorable to them, because it would give them the leverage they need financially to complete the project.  Pastor Nations said they have factored in all of the concerns of the County, and they are willing to submit to the conditions imposed; he said they have no vested interest in using the property for anything other than worship services. 

 

Commissioner Mathis said on the site plan, there is a cut out that is not being considered in the O/I.  She asked who owns that property.

 

Pastor Nations said that is part of the property they own; he said they have that slice of the property segregated off, and it will remain residential, because there is a 3-bedroom house located on that part of the property.  He said they were informed if they were to have the entire property rezoned to O/I, they would not be able to continue renting the house.  He stated they are currently renting it for the purpose of generating funds for the ministry.  He said in the future, if there is a need, they would use it exclusively for ministry purposes, whether it is a home for unwed mothers or other families who may be put out of their homes.

 

(Pastor Nations showed on a display exactly where the sanctuary would be built.)

 

Commissioner Adams clarified the land could never be used for anything other than a Church.  Pastor Nations agreed.

 

Pastor Nations referenced the information in the packet provided to the Board, where a letter from Diamond Mortgage Co. was enclosed.  Also, he passed out copies to the Board of a letter from First Class Mortgage Co.  He said Diamond Mortgage is their primary lender for the building project.

 

Commissioner Stamey asked Ms. Matthews, “everything that Pastor Nations is trying to accomplish could be done under a Conditional Use, correct?”  Ms. Matthews confirmed. 

 

Pastor Nations said if they go by route of conditional use, they would have to come up with added funds immediately to proceed, and that would delay the project.  He said by going with O/I, the lender has assured them the property could be used as equity, and they would secure the loan by virtue of the value of the property.

 

Commissioner Holder said he had never heard of changing the zoning for financial reasons.  He said it sounds like the financial people are deceiving somebody, because the property is not going to be worth any more, even with the zoning classification. 

 

Chairman Harper said it is a lender decision; he thought the lender was playing word games.  “I can imagine their lender has said, ‘you either put up 20% earnest money, because of not having equity, or if you can show it on the zoning map as O/I, we are going to give you the money.’”

 

Chairman Harper read into record, “what staff has recommended, if you were to receive approval tonight, you would have to adhere to the following conditions:

 

1.     All building exteriors shall be constructed of brick, stucco, stone, or glass, and may be allowed to be accented with additional construction materials as approved by the Henry County Development Plan Review Department.

 

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

 

3.     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, and shall not exceed eight (8’) feet in height.

 

4.     All signage shall be compatible with both the primary structure and the residential character of the surrounding area.

 

5.     Should the Church cease operation, the O/I (Office/Institutional) zoning of the subject property shall revert back to RA (Residential-Agricultural) zoned property.

 

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

 

Chairman Harper asked Pastor Nations if an approval was granted tonight, would they adhere to the six (6) conditions.  Pastor Nations agreed.

 

Commissioner Adams suggested tabling the rezoning request for a couple of weeks for the Board to review more thoroughly.  Pastor Nations said he would submit to the request. 

 

Commissioner Adams made the motion to table this request.  Chairman Harper stated this item would have to be re-advertised; therefore, this could be placed on the Agenda for the second meeting in August.

 

Commissioner Adams amended his motion to table for further study and to properly advertise; Commissioner Mathis seconded. 

 

Commissioner Holder referenced Condition #5, “bear in mind, if you have other structures on this property, such as a school, etc., they would be in the wrong zoning, if it reverts back to RA.”

 

Pastor Nations said they would make certain that everything put on the property would meet both conditions of O/I and the RA zoning conditions.

 

Commissioner Holder advised Pastor Nations to talk to his financial lenders.

 

The vote was taken; the motion carried unanimously.

 

 

Rezoning: Greg Bennett of Lilburn, Ga. – RZ-06-21 – District V.

 

            WHEREAS, Greg Bennett (RZ-06-21) applied to rezone the subject property from C-2 (General Commercial) to C-3 (Heavy Commercial) to perform major automotive collision repair.  The property is located at 2837 East Atlanta Road (Parcel ID Number 025-04-015-500) in Land Lot 198 of the 12th District, consisting of 1.997+/- 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 C-2 (General Commercial) to C-3 (Heavy Commercial) on June 8, 2006.

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approves the above rezoning request with the following fifteen (15) conditions:

 

  1. The required buffers shall be undisturbed; however, if the buffer is determined by Development Plan Review staff to be inadequate, additional planting shall be required to screen the development from residential uses.  The following number of plant materials shall be required for each fifty linear feet (50’), or portion thereof, of the required property buffers:

 

    1. One canopy tree
    2. One evergreen tree
    3. One understory tree
    4.  Five shrubs

 

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

 

  1. Any changes with regard to access of the site shall be coordinated with the Henry County Department of Transportation.

 

  1. A deceleration lane/acceleration taper shall be designed and constructed based on the widening of East Atlanta Road.  The back of the deceleration lane shall be thirty feet (30’) from the existing centerline of East Atlanta Road.

 

  1. Entrance(s) to the site shall be constructed such that the minimum intersection sight distance is obtained per the posted speed limit of East Atlanta Road.

 

  1. All vehicles shall be stored in the rear of the property and not visible from East Atlanta Road.

 

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

 

  1. Only one (1) entrance shall be used to access the site, and the other entrance on East Atlanta Road be removed.

 

  1. A wooden privacy fence shall be constructed of no less than six feet (6’) , but no more than eight feet (8’) in height along all property lines that directly abut residential land uses, except where there is an existing chain link fence, which shall remain in tack with privacy slates inserted.

 

  1. All automotive repairs and work will be done in the building or behind the building.

 

  1. The hours of operation for the business will be limited from 7:00 a.m. to 7:00 p.m.

 

  1. A sidewalk will be installed along the road frontage of this property.

 

  1. All building improvements must be permitted by the Henry County Building Department.

 

  1. Uses of this property will be limited to automotive collision repair and a car wash/detailing shop, and no other C-3 uses will be permitted.

 

  1. The ground sign shall be limited to one (1) ground sign, not to exceed fourteen feet (14’) in height.

 

 

Mr. Ray Gibson, Planning and Zoning Director, said the main reason for the applicant’s request is to move the business, that is currently there (minor automotive repair business), to a major automotive repair business.  He said the subject property is designated as commercial and services on the Future Land Use Map, and the Zoning Advisory Board recommended approval with fifteen (15) zoning conditions.

 

Chairman Harper asked for any opposition to the request; there was no response.

 

Mr. Peter Walthour, the business owner, said he was in agreement with the fifteen (15) conditions, but would like to ask the Board to consider a couple of changes.  “In Condition #9, it was recommended a wooden privacy fence shall be constructed between six (6’) and eight (8’) feet tall along all property lines adjacent to residential area.”  He said he has been given some estimates, and there is a natural wooded buffer and overgrowth at the location.  He stated the back side of the building is already fenced, and that is the longest stretch.  “There are a lot of trees and it would require some trees being removed, which would actually remove part of the natural buffer.  Along that side of the fence, would you allow for me to use the privacy slats that go inside, because it is a chain-link style fence, and then on the front half of the property (approximately 100 feet), I could use a wooden privacy fence.”

 

Also, Mr. Walthour referenced Condition #4 and stated, “at this time, there are two (2) driveway entrances to the property, and I only use one.  I do not think there would be any increase in traffic flow.  At this point, I am renting the building, and the owner has stated he would not contribute to the accel/decel lane.”

 

Chairman Harper referenced Condition #4 and asked Mr. Gibson if this was something additional, or was it something the County DOT regulations are requiring.

 

Mr. Gibson said this is required by the DOT regulations.

 

Chairman Harper said the applicant should adhere to what the Ordinance requires.

 

Mr. Walthour said in Condition #12, it states a sidewalk shall be installed, and he stated there are no sidewalks on East Atlanta Road.

 

 

Mr. Terry McMickle, Public Works Division Director, stated there have been some requests by residents to incorporate sidewalks into County projects on Panola and East Atlanta Roads.  Regarding the accel/decel lane, Mr. McMickle said the Ordinance does require it, but he could discuss this with the County Attorney.  He said if the applicant changes the zoning, then the County would have to look at the applicant meeting all of the standards of the new zoning.

 

Commissioner Holman suggested changing the language in Condition #9. 

 

Chairman Harper changed Condition #9 to read:  “A wooden privacy fence shall be constructed of no less than six (6’) feet, but no more than eight (8’) feet in height along all property lines that directly abut residential land uses, except where there is an existing chain-link fence, which shall be left in tact with privacy slats inserted.”

 

Commissioner Holman said the applicant has requested three (3) changes to the conditions; he said Condition #9 will be changed as stated above, but Conditions #4 and #12 will remain as stated in the resolution. 

 

Commissioner Holman made the motion to approve the rezoning request from C-2 to C-3 with the fifteen (15) conditions, including the change in Condition #9; Commissioner Adams seconded.  The motion carried unanimously.

 

 

Rezoning:  Don Henry Development, LLC of Locust Grove, Ga. – RZ-06-22 – District II.

 

            WHEREAS, Don Henry Development (RZ-06-22) applied to rezone the subject property from M-1 (Light Manufacturing) to C-2 (General Commercial) for future commercial and retail development.  The property is located at the intersection of State Route 155 and Interstate South Drive (Parcel ID # 094-01-022-064) in Land Lot 222 of the 7th District, consisting of 4.88+/- 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 recommended approval of the rezoning request from M-1 (Light Manufacturing) to C-2 (General Commercial) on June 8, 2006.

 

 

 

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approves the above rezoning request with the following six (6) conditions:

 

1.     All buildings shall be constructed of brick, stone, glass or any combination thereof, and stucco shall be allowed on accents only. (This condition shall supersede the condition placed on the property by the Board of Commissioners on December 7, 1999).

 

2.   All signage, not attached to a building, shall be monument-based, not to exceed the existing signs (fourteen feet) in the immediate area, and shall have consistent character and design details that reflect the architectural design of the project.

 

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

 

4. Dumpster(s) shall be gated and enclosed with a masonry wall being consistent with the façade of the building.

 

5.  The developer shall preserve where possible the ROW for the Highway 155 expansion and improvement project as currently in the Regional Transportation Plan (RTP).

 

6.   Bicycle parking facilities and sidewalks shall be provided where considered appropriate by Staff and HC-DOT.

 

 

Ms. Matthews said the request does meet the intent and purpose of the commercial zoning designation and does abut M-1 and C-3 zonings to north, south, east, and west.  The Zoning Advisory Board recommended approval of the request with six (6) conditions.

 

Chairman Harper asked if anyone wanted to speak in opposition to this request; there was no response.

 

Mr. Allen Bodiford, Attorney representing the applicant, said they have reviewed the resolution with the six (6) conditions and are in agreement. 

 

Commissioner Mathis made the motion to approve the applicant’s request with the six (6) conditions listed; Commissioner Holman seconded.  The motion carried unanimously.

 

 

 

 

PUBLIC WORKS DIVISION:

 

Request Approval to Amend an Ordinance Regarding Sewer Use (Chapter 3-5, Article III). 

 

            WHEREAS, pursuant to the Water Pollution Control Act 33 U.S.C.A. 1251(a)(5), it is the national policy that area-wide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each State; and

 

            WHEREAS, consistent with the Act, the Henry County Water & Sewerage Authority has developed a master plan, based on watershed basins, for providing sewer service through the year 2030; and

 

WHEREAS, there are areas of Henry County indicated by the Henry County/Cities Joint Comprehensive Plan and the Henry County Water & Sewerage Authority Capital Improvement Plan which are planned to have no public sewer; and

 

            WHEREAS, rapid land development is leading to interest in private sewage disposal systems serving more than one parcel or tract of land; and

 

            WHEREAS, such private sewage disposal system owners may lack the ability to respond to or repair deficiencies on a twenty-four hour/three hundred sixty five day per year basis, increasing the likelihood of environmental harm; and

 

            WHEREAS, the transient nature of such private sewage disposal system ownership allows the operation and maintenance of these systems to be turned over to homeowners associations when development is complete, potentially increasing fees to repair failing systems and to cover any fines from the Environmental Protection Division (EPD), and potentially lowering property values; and

 

            WHEREAS, it has been the experience of Henry County that one or more State-permitted private sewage disposal systems serving more than one parcel or tract of land were installed before modern design/implementation standards and may not be successfully upgraded to meet current public health and environmental standards without public assistance; and

 

            WHEREAS, limited day-to-day oversight from EPD leads to a high potential for a lack of preventative maintenance, for noncompliance with State permit requirements, and for spills going unnoticed, creating hazardous conditions for fish, downstream neighbors, and water supplies; and

 

WHEREAS, recent stream samples collected for the Henry County Watershed Management Plan showed levels of pollution already exceeding State standards in most of the County’s watersheds, specifically Big Cotton Indian Creek, with the failure of any private sewage disposal systems contributing more fecal coliform, exacerbating violations; and

 

            WHEREAS, a local ordinance amendment is necessary for the State to disapprove such private sewage disposal systems, keeping sewer system location decisions in the hands of the Henry County Board of Commissioners and the Henry County Water & Sewerage Authority, preventing the likelihood of poor installation and undue stress on roads, schools, and water supplies by unplanned growth; and

 

            WHEREAS, the ordinance to be amended is Article III Sewer Use of Chapter 3-5, of the Code of Henry County, which under Section 3-5-270 requires a joint amendment by the Henry County Water & Sewerage Authority and the Board of Commissioners of Henry County.

 

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Henry County, Georgia, and the Henry County Water & Sewerage Authority, and it is hereby ordained by the authority of the same that Article III Sewer Use of Chapter 3-5 of the Code of Henry County, Georgia, is hereby amended as follows:

 

I.

             A new definition shall be added to Section 3-5-262. Definitions. Paragraph (a) to read:

 

Private sewage disposal system: Any on-site facility approved for the disposal of domestic sewage and commercial wastewater.  Such a facility shall only serve buildings affixed to the lot of record on which the facility is located.  Sewer systems that are not controlled by the Authority and that serve more than one parcel or tract of land shall not be permitted under any circumstance.

 

II.

            Notwithstanding anything to the contrary herein, or elsewhere in the Henry County Code of Ordinances, no development permit or building permit shall be issued for any improvements on property served by a private sewage disposal system serving more than one parcel or tract of land.

 

III.

All other ordinances in conflict with this ordinance are hereby repealed.  No ordinance shall be construed so as to compel Henry County or the Henry County Water & Sewerage Authority to grant any approval or any permit for development which violates any provision set out herein.

 

 

 

 

 

IV.

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

 

 

Mr. Stacey Jordan, Executive Assistant to the Board of Commissioners for Planning and Economic Development, stated amendments to this Article require a joint coordination by the Henry County Water and Sewerage Authority and the Board of Commissioners. The Henry County Water and Sewerage Authority adopted this Ordinance on July 11, 2006. The Ordinance is inserted in the Board’s Exhibit Books as Exhibit 21.  He said this proposed definition disallows private waste water treatment plants.  Mr. Jordan said Mr. Tony Carnell was present from the Henry County Water and Sewerage Authority to present the HCWSA’s proposal.

 

Chairman Harper asked if there was anyone in the audience who would like to speak in favor or in opposition to this request; Mr. Sam Culpepper came forward.

 

Mr. Sam Culpepper, who lives at 335 Mandy Rose Trace, Stockbridge, said they have a community septic system, and they have a lot of problems with it.  Mr. Culpepper handed out pamphlets to the Board highlighting the homes on the septic system.  He said it shows the amount of money they are responsible for through the Homeowners’ Association. He said upgrades are being performed on the system, because it is inadequate, and the residents are talking to the State and the County.  Mr. Culpepper said the permit issued was an operating permit, and there are 192 homeowners who have a bill and do not have the money to pay. He stated there is a 3,000 gallon holding tank that 37 homes dump their water into, and if anything fails, they are in a zero tolerance, and they have no room for errors. Mr. Culpepper said the homeowners finally took over the system, and the residents in the subdivision need help because of all of the repairs (example; flow meter replaced). 

 

Commissioner Holman offered to meet with Mr. Culpepper.

 

Commissioner Stamey asked Tony Carnell, “is this our lift-station or their lift-station?”

 

Mr. Carnell said it belongs to them.

 

Commissioner Stamey asked, “are we doing anything to maintain it?”

 

Mr. Carnell said, “no; it belongs to the homeowners, and the Water Authority has no interest in it.”

 

Mr. Culpepper said the Water Authority will not touch it.  “On January 1st, I received a phone call and went down there; we were told it had a call box, and we found out it did not have a call box, and it was not maintained properly.  It had a spill, and we have been fined; we are under a Consent Order. We have to get an Engineer to review the system, and I wish the Board would help us find an Engineer to come out and inspect it, because we have a 3,000 gallon holding tank that has no baffle in it to where anything that goes into the system hits the pumps.  We had a pump failure again in March; we just have major problems.  I cannot find any permits for the installation or for the inspection from the County.  I cannot find who installed the system.”

 

Chairman Harper said this is something our County did not permit; the developer went to the State; received a permit to put the system in; sold the unbuildable lots; he is gone; turned it over to the homeowners; and now they are holding the bag.  He said it became apparent the County could band these types of systems to prevent the State from ever permitting them here again.

 

Mr. Carnell said they could look at it and prepare a cost estimate to install a lift-station and pump it back to a line the Water Authority has under construction, but it would cost in excess of $100,000, and the homeowners would have to ‘foot’ that.

 

Chairman Harper advised Mr. Culpepper to meet with Commissioner Holman and his appointee to the Water Authority.   

 

Commissioner Holman made the motion to approve the request to amend the Ordinance; Commissioner Holder seconded.  The motion carried unanimously.

 

 

DISTRICT III APPOINTMENT TO THE DEVELOPMENT AUTHORITY:

 

Commissioner Stamey stated due to the loss of Mr. Herbert Craig on the Development Authority, Commissioner Stamey made the motion to appoint Ms. Vicky Loper as the District III representative to the Henry County Development Authority; Commissioner Adams seconded. The motion carried unanimously. 

 

 

PUBLIC COMMENTS:

 

There were no public comments.

 

 

COUNTY MANAGER COMMENTS:

 

Mr. Rob Magnaghi did not have any comments.

 

 

COUNTY ATTORNEY COMMENTS:

 

Mr. Patrick Jaugstetter did not have any comments.

 

 

UPCOMING MEETINGS:

 

7/31/06            Monday           9:00 a.m.         Regular Board of Commissioners Meeting

 

8/01/06            Tuesday           9:00 a.m.         Regular Board of Commissioners Meeting

 

8/14/06            Monday           9:00 a.m.         Regular Board of Commissioners Meeting

 

8/15/06            Tuesday           6:30 p.m.         Regular Board of Commissioners Meeting

 

 

 

Commissioner Adams made the motion to adjourn at 7:38 p.m.; Commissioner Stamey seconded.  The motion carried unanimously.

 

 

                                                            Jason T. Harper, Chairman

 

 

Peggy L. Malcolm, Deputy County Clerk