The Henry County
Board of Commissioners held a Regular Meeting at 6:30 p.m. on Tuesday, October
19, 2004, in the Community Room,
Leland Maddox, Chairman, presiding
Lee Holman, Vice-Chairman, District V Commissioner
Warren E. Holder, District I Commissioner
Gary M. Freedman, District II Commissioner
Jason Harper, District III Commissioner
Gerry Adams, District IV Commissioner
Also attending were Linda Angus, County Manager; Patrick Jaugstetter, County Attorney; Susan B. Craig, County Clerk; Peggy L. Malcolm, Deputy County Clerk; Rob Magnaghi, Deputy County Manager and Public Safety Division Director; Danny Taylor, Economic Development Division Director; Michael Harris, Public Works Division Director; Julie Hoover-Ernst, Community Relations Specialist; and others.
Chairman Maddox called the meeting to order and said he had a couple of announcements. He said the below listed consideration of a Consent Order/Rezoning will not be heard on this date as previously advertised. It will be heard on November 2, 2004 at 9:00 a.m.:
Project True North – RZ-03-35 – Project
True North of McDonough, Georgia requests a rezoning from RA (Residential
Agricultural) to R-2 (Single-Family Residence) for property located on
Also, the below listed rezoning has been postponed by the applicant:
Obinna Ezenekew – RZ-04-31 – Obinna
Chairman Maddox asked for an Acceptance of the Agenda. Commissioner Holman asked the SPLOST staff if they had any emergency issues to be added to the Agenda. Mr. Roy Clack, SPLOST Project Manager, said there are no issues to be added. Commissioner Holman made the motion to accept the Agenda; Commissioner Holder seconded.
Commissioner Harper stated out of public necessity he needed to amend the Agenda to adopt the resolution regarding the adjustment of the Sheriff’s deputies salaries and secondly, to issue a Proclamation proclaiming “Red Ribbon Week” to be added at the beginning of the Agenda. Commissioner Holman amended his motion; Commissioner Holder amended his second. The motion carried 5-0-0 with Commissioners Holman, Holder, Freedman, Harper, and Adams voting in favor.
There were no public comments.
WHEREAS, drug and alcohol abuse knows no social boundaries and its consequences are felt in every sector of society, but most especially in our children; and
WHEREAS, the national Red Ribbon Campaign will be celebrated throughout Georgia and the nation between October 23 and 31, 2004 to call attention to the devastating effects of substance abuse and inspire communities to begin campaigns empowering citizens to fight for drug-free homes and neighborhoods; and
WHEREAS, the Henry County Board of Commissioners is committed to the safety and well-being of all our citizens, and protecting our children’s future; and
WHEREAS, the Board wishes to demonstrate our commitment to drug-free, healthy lifestyles;
NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners, do hereby proclaim the week of October 23-31, 2004 as “Red Ribbon Week” in Henry County in order to increase awareness of drug-free living, promote substance abuse prevention and encourage our citizens to join with us in wearing a red ribbon to show support of this worthwhile campaign and demonstrate a commitment to a drug-free County.
Ms. Julie Hoover-Ernst, Henry County Public Relations Specialist, said the mission of the Red Ribbon Campaign is to present a unified and visible commitment toward the creation of a Drug-Free America. She asked the citizens to join the Henry County Commissioners in wearing this red ribbon every day next week as a symbol of the community’s commitment in the fight against drinking and drug abuse in order to help children grow up safe, healthy and drug-free. Ms. Ernst handed red ribbons out to the audience with educational coloring books for their children.
(Each Commissioner pinned a red ribbon on their lapel and pictures were made.)
MR. RICK LOFFERT AND THE CITIZENS OF FARMER DRIVE REQUEST TO APPEAR BEFORE THE BOARD REGARDING THE RIGHT-OF-WAY ACQUISITION NEEDED FOR THE FARMER DRIVE IMPROVEMENT PROJECT.
Chairman Maddox read the resolution and asked Mr.
Rick Loffert, who lives at 233 Farmer Drive,
Commissioner Adams asked if all the residents were in agreement with Mr. Loffert.
Mr. Loffert said a consensus was taken within the community and all were in agreement.
Commissioner Freedman said he had received a telephone call moments before the meeting from a resident (a lady) who is totally opposed to Mr. Loffert’s plan.
Mr. Loffert said he was not aware of that.
Mr. Rick Pellam, a Thornberry Subdivision resident,
said his objective was to demonstrate support against
Mr. Al Jordan, who lives at
Mr. Ken Dowdy, who lives at
Ms. Carol Purcell, who lives at
Commissioner Freedman said
Chairman Maddox stated either paving Farmer Drive or
to cul-de-sac it is not going to have any affect. He said, “if
Commissioner Freedman understood the residents of
Commissioner Holder said no one on this Board is a
traffic engineer. He said the first
engineering report (that Commissioner Freedman referred to) does not say that
N. Mt. Carmel “will not” be warranted, but that it “may not” be warranted since
traffic will have two (2) separate intersections. He thought it would be a travesty to
cul-de-sac N. Mt. Carmel, because it is definitely a north/south route. Whether
Commissioner Freedman said N. Mt. Carmel is not on
the SPLOST list;
Commissioner Adams said
Commissioner Freedman questioned the triple surface
efficiency with over 600 homes in
Commissioner Holder said, “with the motion on the floor tonight to change the plans already in place, before I vote on the motion, I would like Mr. Terry McMickle, SPLOST Transportation Manager, to see if this is a viable option, and we have not heard from the legal side.”
Commissioner Adams made a recommendation to table this issue for thirty (30) days. Commissioner Holder agreed, because he wanted an engineering study to review. Commissioner Adams withdrew his motion; Commissioner Harper withdrew his second. Commissioner Adams made a motion to table the issue for thirty (30) days for an engineering study to be done; Commissioner Harper seconded. The motion carried 5-0-0 with Commissioners Adams, Harper, Freedman, Holder, and Holman voting in favor.
THE HARVESTIME HIGHER LEARNING ACADEMY REQUEST TO APPEAR BEFORE THE BOARD REGARDING A LETTER OF SUPPORT.
Harvestime Higher Learning Academy (HHLA) is seeking
future development in
Ms. Wanda Porter, Executive Director of Harvestime
Higher Learning Academy, said there is currently an academy at Harvestime
HHLA is a multi-service agency providing a broad base of culturally responsive social services that enhance the quality of life for children. To support this directive, HHLA has developed a scientifically based research model, HHLA2 a state-of-the-art childcare pavilion. HHLA2 draws a detailed picture with a strong community/village treatment to leverage the wisdom and experience of older adults as mentors for our children and promotes community involvement.
Harvestime has developed a low-cost high impact intervention prevention and protocols the design to reach high-risk children who need help, handholding, and a reason to live. It is a ministry for the community. The mission of HHLA is to affirm the dignity, self-worth, and independence of all children by promoting and enhancing physical, mental, emotional and spiritual well-being. Ms. Porter asked the Board for a letter of support.
Commissioner Freedman asked if HHLA has to have County approval to apply for the grant. Ms. Porter said HHLA only needs a letter of support from the Board of Commissioners of Henry County. She said this letter will “put them in the running” to receive a grant, because they are not promised a grant, and this is a mixed finance project.
Commissioner Harper made the motion to authorize the Chairman to sign a letter on behalf of the Board of Commissioners supporting the grant request pursuant to two (2) conditions:
1. Subject to the County’s Legal staff’s approval that it is permissible to sign this request.
2. To make clear that at this time the County is not matching any money for the grant.
Commissioner Holder seconded. Chairman Maddox stated the
Coastal Holdings, LLC – RZ-04-32.
WHEREAS, Coastal Holdings, LLC (RZ-04-32) has applied for a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for the development of a residential subdivision, for property located on Snapping Shoals Road, near Honey Lane, in Land Lots 110 and 111 of the 8th District consisting of 43.78 +/- 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
WHEREAS, the Henry County Municipal Planning Commission reviewed and recommended denial of the request on September 9, 2004; and
NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the rezoning request with the following conditions:
1. The minimum lot size shall be 30,000 square feet.
2. The minimum house size shall be 2,200 square feet of heated space.
3. All lots shall front interior to the subdivision.
4. The homes shall be built on site (no modular or manufacture homes), all garages shall be side entry with two-car garages standard.
5. The developer shall install sidewalks on both sides of the street and along the frontage of the development.
6. All yards shall be sodded to the rear drip line of the homes.
7. Underground utilities and streetlights shall be required.
8. All homes shall be all sides brick or stone with the exception of the soffit, facia and decorative trim in vinyl or other suitable material such as Hardi-plank.
9. A buffer along all streams shall be maintained for a distance of fifty feet (50’) from the bank of such streams on both sides.
10. Curbs and gutters shall be installed subject to approval of the Henry County Department of Transportation.
11. The development shall have uniform mailboxes throughout.
12. The Tree Ordinance shall be complied with. There shall be no clear cutting of trees on this site.
13. There shall be an undisturbed twenty-five foot (25’) buffer around the perimeter of the proposed subdivision.
14. The retention pond shall be landscaped for aesthetic appeal subject to approval of Development Plan Review Department.
Commissioner Harper made the motion to approve the resolution with the fourteen (14) conditions; Commissioner Holman seconded.
Chairman Maddox asked if there was any opposition to this request; there was no response.
Mr. Phil Taylor, representing Coastal Holdings, LLC
Commissioner Freedman said if this is the kind of
subdivisions we can build in
The motion carried 5-0-0 with Commissioners Holder, Harper, Freedman, Adams, and Holman voting in favor.
TAS Properties, LLC – RZ-04-33.
Tas Properties, LLC of McDonough, Georgia requests a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) to permit the development of a residential subdivision, for property located at 700, 740 and 796 Fairview Road, near Thurman Road, in Land Lots 163 & 190 of the 12th District. The property contains 34.82 +/- acres, and the request is for a single-family residential subdivision. The Henry County Municipal Planning Commission reviewed and recommended approval of the request on September 9, 2004 with the following conditions:
1. All homes shall be a minimum of 3,000 square feet of heated space; no modular homes shall be allowed; all homes shall have two-car side entry garages standard.
2. Underground utilities and streetlights shall be required.
All homes shall be built of brick on all
4. All yards shall be sodded to the rear drip lines of the homes.
A future stub-out shall be provided in a
location along the western property boundary, to increase the connectivity with
surrounding residential communities.
6. The applicant shall consult with Henry County DOT regarding ingress/egress lanes and complied with subdivision access control.
7. Sidewalks shall be provided on both sides of all streets interior to the development.
Commissioner Holman made the motion to approve the
resolution with amendments. He said in
condition #3, he would like to strike the word, “four,” and in condition #6, he
added, at the end of the sentence, “and complied with subdivision access
control.” Commissioner Holman added
condition #8 stating, “The development shall have a forty (40’) foot
undisturbed buffer along the north property line of the out parcels on
Chairman Maddox asked if there was any opposition to this request; there was no response.
Mr. William Burton, who resides at
Commissioner Holman said he did not understand condition #5; he said currently there is a government building on that site (a fire station). Commissioner Holman said there is no need to have a residential subdivision have interconnectivity with a fire station.
Commissioner Freedman said he supported the idea of
interconnectivity especially on
Chairman Maddox asked how many houses are planned for this subdivision, and Mr. Burton said, “38.” Chairman Maddox said for over a year he has been emphasizing the need for more than one entrance in a subdivision. This one is only going to have 38 houses, but a stub out is requested. Chairman Maddox could not understand the need.
Commissioner Freedman said Mr. Lunsford’s property has 175 homes with one entrance, and the Chairman did not have any problem with one entrance on that one.
Commissioner Harper stated, “thirty-eight (38) homes do not need a second entrance, but it stubs out into four (4) flag lots that you would have to go through to get access to Fairview Road, and assuming somehow these fifteen (15) homeowners that are contiguous, sold out to build a Winn-Dixie, who is going to want their neighborhood pouring into the back of the Winn-Dixie on the corner of Thurman and Fairview Roads?”
Commissioner Holman said he would like to strike condition #5 because he saw no need for it. Commissioner Freedman amended his second. The motion carried 5-0-0 with Commissioners Holman, Freedman, Harper, Holder, and Adams voting in favor.
The Meadows Group – RZ-04-40.
Commissioner Adams stated this was in his District but involves some family members; therefore, he recused himself and sat in the audience.
The Meadows Group, Inc. (RZ-04-40) has applied for a
rezoning from RA (Residential Agricultural) to RM (Multi-Family Residential) to
develop condominiums, for property consisting of 12.94 +/- acres and located at
Each structure shall be constructed of brick, stone,
and/or combination thereof any type of masonry product.
The property fronting
3. The net density shall not exceed 5.25 dwelling units per acre.
4. The development shall have an onsite clubhouse, fitness center and outdoor swimming pool as the amenities package.
5. All yards shall be fully sodded.
6. No building permits will be issued until such time as sewer is available to the property.
7. There shall be underground utilities.
Mr. Derrin Hutchinson, President of The Meadows Group, Inc., passed out their site plan to the Board Members. He said the plan was unique and while on the face it looks like senior-housing, when “you look under the hood,” it is truly a unique concept that is being employed by approximately 100 developers across the Country.
Mr. Kevin Phillips, a member of The Meadows Group,
Inc., said 80% to 90% of the people who will occupy these homes will be
seniors. He said these individuals are
here to build new revenue for the community without creating additional traffic
or problems on municipalities. Mr.
Phillips showed a video of the concept of what The Meadows Group would like to
Commissioner Holman made the motion to approve the
resolution. Commissioner Harper said the
way the motion is written, it does not allow vinyl for the soffit or facia
boards, which should be added to condition #1. Condition #8 should be put as a caveat
that they are improving the intersection of
Mr. Phillips said it has been discussed the stucco only to be placed on the veranda.
Commissioner Freedman stated “point of order” to complete the motion.
Commissioner Harper asked Commissioner Holman if he would include the stucco in his motion for the veranda. Commissioner Holman agreed. The motion and the second were repeated.
Mr. Phillips said they also have a masonry product, Hardi-plank, that really transitions the product extremely well. He said the veranda is actually the sunroom of the home, and he would like the option to have the Hardi-plank on the veranda.
Commissioner Holman clarified the condition as follows:
1. Each structure shall be constructed of brick, stone, or any combination thereof with the exception of the soffit and facia may be constructed of vinyl. Hardi-plank may be used for the veranda or sunroom.
Commissioner Freedman commended The Meadows Group
for an excellent presentation and said the County needs senior-housing. Referencing condition #3, Commissioner
Freedman stated, to his knowledge, the Board has not allowed anything beyond
four (4) units per acre in
Mr. Phillips responded the statistics come from actual home sales across twenty-two (22) states and the national average per car per household is 1.33; where on a single-family dwelling the average car per household is 2.5 cars per house.
Commissioner Freedman asked if The Meadows Group was willing to make this a “senior only” community.
Mr. Phillips answered, “no,” because that would limit the market. The other 10% would be young professionals.
Commissioner Freedman asked if he was willing to make this 90% or 80% seniors.
Mr. Phillips answered, “no.” He said 2% or 3% of actual condo homeowners have school aged children, and The Meadows Group does not want to limit the market and limit the opportunity of a young professional couple not to be able to live in the condominiums.
Commissioner Freedman asked if anyone has asked The
Meadows Group to contribute towards the traffic signal at Jodeco and
Commissioner Holman said he respected Commissioner Freedman’s observation. He asked if four (4) dwelling units was pushing the envelope.
Ms. Kimberly Smith, Planning and Zoning Director, stated the Planning Staff actually recommended denial due to the fact it is 1.25 dwelling units per acre over the 4.0 maximum. She said the Planning Commission recommended approval with conditions.
Chairman Maddox asked if there was any opposition to this request; there was acknowledgement from the audience of opposition.
Mr. Damon Hudson, who is a Board Member of the
Homeowners Association of Winslow of Eagles Landing, stated they are in strong
opposition to above plan. He said it
will add additional traffic, and a projected senior living is a good plan, but
with six-eight (68) dwellings (19 buildings), there will be at least an
addition of one-hundred (100) cars. This
addition of cars will cause great impact at
Mr. Hudson asked what connection does Commissioner Adams have with this company.
Mr. Hutchinson said, “Commissioner Adams is my wife’s uncle.”
Commissioner Adams stated he has no ownership in this company.
Mr. Hudson asked Commissioner Harper how the West Campground Extension will interact with this subdivision.
Commissioner Harper said, “at the present time, I do
not know. The last design shifts
Mr. Hudson asked what assurance would the homeowners have that apartments would not be built in that location.
Commissioner Harper said the resolution is approving condominiums at 5.25 units per acre (not apartments).
Mr. Jaugstetter, County Attorney, said, “it is not inappropriate to put a condition saying each individual unit will be owned in fee simple by the unit owner, but you cannot prohibit one person from buying multiple units and renting those out.”
Mr. Hudson said the West Campground Road Extension
was already a big problem to the neighborhood.
He said his house cost approximately $200,000, and after he moved in, he
found out there was going to be a 4-lane highway in his back yard. He thought it was incumbent upon the
Commission to take the property values of the constituents into consideration
when making decisions, because the existing residents will have to pass by this
proposed subdivision to get to
Ms. Annette Tomlin, who lives in Winslow Subdivision, thanked Commissioner Freedman for his support, and asked the Board to listen to the staff who have already denied it.
Ms. Dena Seckinger, who lives at
Commissioner Holman said the opposition has made some very good arguments about the density. He said he wanted to amend his motion to reduce the density to 4.0 unit per acre. There was no second to the motion.
Chairman Maddox asked the representatives from The Meadows Group if they were acceptable to reducing the density to 4.0. The answer was, “no.”
Commissioner Harper said the reason he considered
this request is 1) density is occurring around the cities and the County; that
is where the density is being centered.
“Recently, the City of
Commissioner Freedman asked Mr. Phillips if he was willing to table this issue to reconsider the density, making it a Senior Community, and contributing to the traffic signal.
Chairman Maddox said if this Board votes on this and turns it down, this cannot be brought before the Board again until twelve (12) months have passed.
The applicant said he would like for the Board to vote on it.
Commissioner Freedman thought there could be a compromise in the works.
The applicant said he would agree to table this for thirty (30) days.
Commissioner Freedman advised Mr. Phillips to have a town hall meeting to discuss the issue and reach a compromise, if possible.
Commissioner Holman withdrew his motion; Commissioner Harper withdrew his second. Commissioner Holman made a subsequent motion to table for thirty (30) days; Commissioner Harper seconded.
Mr. Joe Kelly, who lives at
Commissioner Freedman stopped Mr. Kelly for a moment to advise him that was annexed into Stockbridge, and the County lost control.
Chairman Maddox asked for a vote; the motion carried 4-0-0 with Commissioners Harper, Holman, Holder, and Freedman voting in favor (Commissioner Adams recused.).
EMERGENCY SPLOST ITEMS:
There were no Emergency SPLOST items.
AGENDA AMENDMENTS / EMERGENCY AGENDA ITEMS:
Commissioner Harper made the motion to approve the resolution formally changing the pay grade of the Sheriff’s Department Jailers to a pay grade 14 with a range proportionate with that grade, and authorize the Chairman to sign the resolution; Commissioner Holman seconded. The resolution is written as follows:
WHEREAS, the Sheriff has requested the Pay Compensation Plan be amended to reflect that Non-Certified Jailers’ entry level salary be equal to Non-Certified Police Officers (Grade 14 at $29,557.48); and
WHEREAS, Sheriff Chaffin contends that former Board authorization was given and practice implemented in the past to hire Jailers at the same salary as Non-Certified Police Officers; and
WHEREAS, officially changing the Jailer position to a Grade 14 will be the solution to the appropriate starting salary; and
WHEREAS, Sheriff Chaffin indicated his only request is to correct the Non-Certified Jailer entry level salary (he is not requesting increases in any other position salaries), this will affect the current salary of about fourteen (14) Jailers and,
WHEREAS, the difference in the fourteen Jailers current salaries and the proposed starting level of Grade 14 is approximately $63.00 each, this amendment can be implemented at a minimal cost;
NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners, by adoption of this resolution, changes the Pay Grade of Non-Certified Jailers to a Grade 14 and formally implements the pay compensation to begin at the minimum starting salary of that grade range.
The motion carried 5-0-0 with Commissioners Harper, Holman, Freedman, Holder, and Adams voting in favor.
Commissioner Freedman said, “in some subsequent
meeting, I am going to ask the
APPROVAL OF MINUTES:
Commissioner Holman made the motion to approve the October 4, 2004 Board of Commissioners Minutes and the October 13, 2004 Board of Commissioners and Board of Education Joint Meeting Minutes; Commissioner Harper seconded. The motion carried 5-0-0 with Commissioners Holman, Harper, Freedman, Holder, and Adams voting in favor.
Commissioner Holman made the motion to approve the October 5, 2004 Board of Commissioners Minutes; Commissioner Freedman said there was one change. On page 2 of 13 at the bottom it says, “Commissioner Freedman stated they were confronted when adding the sidewalk,” and it should state, “Commissioner Freedman stated they were concerned when adding the sidewalk.” Commissioner Harper seconded; the motion carried 5-0-0 with Commissioners Harper, Holman, Freedman, Adams, and Holder voting in favor.
10/21/04 Thursday 7:00 p.m.
Meeting to be held in the Locust Grove
11/01/04 Monday 9:00 a.m. Regular BOC Meeting
11/02/04 Tuesday 9:00 a.m. Regular BOC Meeting
11/02/04 Tuesday ELECTION DAY
11/09/04 Tuesday 6:00 p.m. Called BOC Meeting along with the
Planning Commission and the Steering
Committee to discuss the Comprehensive
11/15/04 Monday 9:00 a.m. Regular BOC Meeting
11/16/04 Tuesday 6:30 p.m. Regular BOC Meeting
Commissioner Holman made the motion to adjourn; Commissioner Harper seconded. The motion carried 5-0-0 with Commissioners Harper, Holman, Freedman, Holder, and Adams voting in favor.
Leland Maddox, Chairman
Peggy L. Malcolm, Deputy County Clerk