STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

 

The Henry County Board of Commissioners held a Regular Meeting at 9:00 a.m. on Tuesday, November 2, 2004, in the Community Room, County Administration Building, 140 Henry Parkway, McDonough, Georgia.  Notice of this meeting was posted on the bulletin board in the entrance foyer of the County Administration Building.  The Daily Herald was notified of this meeting.  Those present were:

 

            Leland Maddox, Chairman, presiding

            Lee Holman, Vice-Chairman, District V Commissioner

            Warren E. Holder, District I Commissioner

            Gary M. Freedman, District II Commissioner

            Jason T. 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; Shay Mathis, Deputy County Clerk; Rob Magnaghi, Deputy County Manager & Public Safety Division Director; Michael Harris, Public Works Division Director; Danny Taylor, Economic Development Division Director; and others.

 

Chairman Maddox called the meeting to order and asked for an Acceptance of the Agenda.  Commissioner Holman made the motion to accept the Agenda; Commissioner Harper seconded. The motion carried 4-1-0 with Commissioners Holman, Harper, Adams, and Holder voting in favor, and Commissioner Freedman voting against.  Commissioner Freedman stated there was one (1) amendment. He presented a resolution to be added entitled, “Resolution Adjusting Scheduled Meeting Times of the Board of Commissioners to Accommodate Public Attendance and Encourage More Citizen Involvement,” and asked for it to be placed on the Agenda as item XIV-B.  Commissioner Freedman made the motion to accept the amended Agenda; Commissioner Holder seconded.  The motion failed with a vote 2-3-0; Commissioners Freedman and Holder voted in favor of the amended Agenda, and Commissioners Adams, Harper, and Holman voted against.  

 

 

ANNOUNCEMENT:

 

The below listed Rezoning will not be heard on this date as previously advertised, and has been postponed until a later date.

 

 

Betty J. Brittain – RZ-04-37 – requests a rezoning from RA (Residential Agricultural) to C-2 (General Commercial) for the property located at 2055 Panola Road, in Land Lot 197 of the 12th District.  The property contains 2.26+/- acres, and the request is for a commercial development. 

 

 

Public Comments:

 

There were no public comments.

 

 

PROCLAMATION – “KINDNESS WORKS, PASS IT ON WEEK.”

 

WHEREAS, we all need to be more aware of the effect we have on others and recognize that random acts of kindness are expressions of our empathy and compassion for one another,

 

WHEREAS, one generous act tends to spark another and another until our entire community glows brightly from hearts that have been warmed both through the giving and the receiving of these gifts,

 

WHEREAS, the family of Hunter Welch wishes to celebrate his life and the kindnesses of those he touched by channeling the spirit of caring into a cause for our entire community,

 

WHEREAS, the first “Kindness Works, Pass It On” week-long celebration will kick off this Friday, November 5, 2004 at 6:00 p.m. on McDonough Square in conjunction with “World Kindness Week,”

 

NOW, THEREFORE, BE IT PROCLAIMED, the week of November 8 through 14, 2004, as “Kindness Works, Pass It On” week in Henry County during which all citizens are urged to join us in celebrating and performing acts of kindness during this week so that we may all witness the extraordinary power of what one act of kindness can accomplish when it is passed on to others.

 

 

Commissioner Holder noted many audience members are wearing blue ribbons this morning, which signifies what the Board is proclaiming today and for the following week:  “Kindness Week in Henry County.”  He said kindness comes in many forms and there are many expressions of kindness, some of which will be exhibited today.  He said, “unfortunately, you did not see that as the meeting started, but nevertheless, kindness does work.  I encourage everyone here today to be a part of this Kindness Week.”  He said, “most of us don’t realize what one little word or one little deed of kindness can do to the people we deal with daily, but it works.”

 

 

 

 

PROCLAMATION – JAMA HEDGECOTH.

 

Commissioner Holder presented another Proclamation by the Board in conjunction with “Kindness Works, Pass It On” week to a very special person in this County who has done many things out of kindness to animals and to humans.  He asked for JAMA HEDGECOTH to come forward. Commissioner Holder read the Proclamation as follows:

 

WHEREAS, as a young girl, Jama Hedgecoth had a vision of one day opening a facility that would be a rehabilitation center and home for injured orphaned animals, as well as a therapy center for people; and

 

WHEREAS, Jama’s desire to help both children and animals led to the inception of Noah’s Ark; and

 

WHEREAS, the mission of Noah’s Ark is “bringing children and animals together for the purpose of providing unconditional love, unconditional service and a future full of hope; and

 

WHEREAS, because of Jama’s desire and vision, Noah’s Ark Rehabilitation Center is the largest wildlife rehabilitation center in the State of Georgia, is a state-licensed, residential group home for twenty-four (24) children between the ages of six (6) and seventeen (17), and conducts an educational program involving the animals and environment for school children and thousands of visitors each year; and

 

WHEREAS, Jama Hedgecoth was recently recognized by the Henry County Chamber of Commerce as the 2004 “Woman of Substance;”

 

NOW, THEREFORE, we the Henry County Board of Commissioners do hereby honor Jama Hedgecoth for the loving work she has accomplished with animals, children and the public in general.

 

 

            (Pictures were made of the Board of Commissioners and Ms. Hedgecoth.)

 

 

Commissioner Holder read and made a motion to approve the following resolution as read:

 

 

 

 

 

RESOLUTION TO AUTHORIZE THE CHAIRMAN TO ACCEPT A DONATION OF CERTAIN PROPERTY; TO NAME SAID PROPERTY “HUNTER’S WILDERNESS;” AND TO PROVIDE FOR MAINTENANCE OF SAID PROPERTY.

 

WHEREAS, on March 1, 2004, Henry County native Hunter J. Welch, son of Kit and Buddy Welch, died at the young age of twelve; and

            WHEREAS, his family, friends, and scouting experience fostered in him a great love and appreciation for the outdoors; and

            WHEREAS, in memory of Hunter Welch, the Carey Bunn Family intends to donate to Henry County approximately nine acres of land located adjacent to a tract of Henry County Greenspace along Tussahaw Creek;

            WHEREAS, the Henry County Board of Commissioners wishes to accept said property and upon acceptance name said property “Hunter’s Wilderness” in remembrance of Hunter and to provide other children of this County with a place to experience and enjoy the splendor of nature; and

            WHEREAS, furthermore, “Hunter’s Wilderness” will serve as a memorial to all boys and girls of our community whose passing seemed untimely; and

            WHEREAS, it is the intent of the Board that the perpetual preservation of this area will not only serve as a memorial to them, but represent the growth, maturation, and promise of their lives had they continued to be with us; and

            WHEREAS, the Board wishes to provide for the long-term maintenance of “Hunter’s Wilderness” through an intergovernmental agreement with the Henry County Water and Sewerage Authority; and

            WHEREAS, the dedication of “Hunter’s Wilderness” is also intended to coincide with “World Kindness Week” and the first Annual County-Wide “Kindness Works, Pass It On” week established in part to pass on the kindness shared with each other is just one of many ways we can celebrate the virtues of our Henry County Community;

            THEREFORE, IT IS NOW RESOLVED by the Board of Commissioners of Henry County, Georgia as follows:

1.      Acceptance of Donated Property.  The Chairman is authorized to accept the property to be donated to Henry County by the Carey Bunn Family.  Said property is described in Exhibit “B”, attached hereto and incorporated herein by reference.

2.      Naming and use of “Hunter’s Wilderness”.  Said property shall be named henceforth “Hunter’s Wilderness” and shall be used to benefit the youth of Henry County in accordance with any recorded restrictive covenants.

3.      Intergovernmental Agreement.  The County Attorney is hereby authorized to prepare an intergovernmental agreement between Henry County and the Henry County Water & Sewerage Authority whereby the Authority will be responsible for regulation of the use of said property and providing for maintenance and protection of said property in accordance with this resolution.

4.      Authorization for County Attorney to Take Action to Effectuate this Resolution.  The County Attorney is hereby authorized to take those reasonably prudent actions necessary to effectuate this Resolution.

5.      Severability.  To the extent any portion of this Resolution shall be held invalid or unenforceable, that shall not affect the validity of enforceability of the remaining portions of this Resolution.

6.      Effective Date.  This Resolution shall take effect immediately.

7.      Repeal of Inconsistent Provisions.  All resolutions are hereby repealed to the extent they are inconsistent herewith.

 

Commissioner Holman seconded the motion; and the motion passed unanimously by a vote of 6-0.

 

Commissioner Holder made the following comments:

“The first thing I would like to comment on is when the idea of this land being donated was brought to my attention, the intent was that it would be a park or a wilderness, not a developed park, but a wilderness area with outdoor activities to not be a burden on the taxpayers of Henry County; it would be governed by a Board of Trustees funded by local endowments so that it is not a burden at all on the taxpayers of Henry County.  I think that is the intent and I certainly want to see that passed on.  I think this is certainly an expression of kindness; it’s something I’m very proud to have in my District.  It is adjacent to 23 acres of greenspace that we currently have and also adjacent to the Tussahaw Reservoir.  I don’t know where we could have land that could have the future or the potential that this land could have, and it is indeed an honor and a pleasure for me to have read this resolution and have the Board’s support in accepting this for the future generations of Henry County.”

 

Commissioner Holder requested representatives of the Bunn family and members of Hunter Welch family address the Board and present the proposed plan of the project.

 

Mr. Carey Bunn addressed the Board, as follows:

 

“There are several people I’d like to thank.  The proclamation says everything and there is not much more to be said.  I would like to thank my family who gave their initial support to this.  All my ideas are probably not worth supporting, but they either support them or are kind about it, but they immediately jumped onto this one.  I want to thank the Board for their support; obviously it could not happen without you.  Commissioner Holder and I have been saying for four years that we need to think about that the beautiful area of the Tussahaw on LeGuin Mill should be preserved.  The Governor’s Greenspace came along and gave us a portion of it, and for many years we have attempted to buy the adjacent property, which was never for sale.  Just a few weeks before we lost Hunter the lady called me one day and decided to sell it.  When I went to talk to Commissioner Holder, I guess I forgot it was there.  I was trying to think of a place that we could buy land, and I made a pledge that I would make land available.”  Mr. Holder said, ‘Carey you’ve got that land out there that adjoins, so why don’t we use some of what you’ve already got.’  So, we jumped right on that and we have come to this point.”

 

“I can’t tell you the people that have called after we lost Hunter and wanted to do something.  I kept telling them just to sit tight; that we would do something.  I didn’t know what.  This came along just in a day or so, so we have a long list of people with a lot of ideas.  Michael Elliott, our Engineer, prepared a layout so everyone can look at what could be done on the property we are giving today so that everyone could get real use out of it.  This is not an end, this is a beginning.”

 

“One reason I brought my family along is I wanted them to know before all you witnesses how we are obligating ourselves and to see that this is done. This is something that will not be a burden; it is something we’ll all be proud of.  I want to thank Andy Welch.  In the midst of the terrible, terrible loss and having to buckle up for his family, he was able to take hold of this and came up with beautiful words that would not just remember Hunter, but would remember all the children who left us too soon.  That’s called character.  You don’t learn it; you’re born with it.  Andy Welch is a man of character.”

 

Mr. A.J. “Buddy” Welch, Jr., who is Hunter Welch’s father, addressed the Board, as follows:

 

“Hunter was a special child.  When he walked in a room he brought out the kindness in everybody there.  The minute he walked in this office out here, everyone’s attention was to him and his attention to them.  When he walked in the Courtroom and sat there, while I was having to babysit and Jason was having to try a case, he glued on everything.  And when he would walk in Warren Holder’s tractor place down there, he would try to sit on every single tractor there and before I could get away, I usually had to buy something.”

 

“I thank the Bunn family, all of them, for donating this property in his name.  But I thank them more for their kindness and their friendship that they showed to Hunter.  Hunter would break the door in to Paulette, who would be there, and the first thing she did was find something sweet for him and as you can understand, that will be with them forever.  For all the concerts Andy carried him on was marvelous.  And every day that Carey saw him and took him to the pastures to see the cows and talk to him was a bright day in his life.  Those kinds of things are hard to put in words and those kinds of things are everlasting in our family’s heart.  We thank the Bunn family from the depths of our heart.  We could all stand a good dose of kindness, and I’m the first one to recognize that, and maybe with this effort we can pass it on, and we can do a little bit better.  All of us are capable of doing better.  I want to especially thank the members of this Board of Commissioners for doing this.  I think it will be a credit to Henry County and I want to especially thank all of our friends that have come to our aid in this, the worst time of our lives.   The kindness that has been poured out to our family, which now includes this, is hard to describe.  But those of you who know us best know how we feel and we thank all of our friends from the bottom of our hearts.”

 

Commissioner Holder assured both families they would be receiving a framed copy of the resolution and asked both families to come forward for pictures to be made with the Board. 

 

Commissioner Harper said he wanted to combine the next two (2) “Certificates of Appreciation,” by honoring two (2) employees of Henry County for outstanding deeds.  The first one is Eric Turner and the second is Earl Parker.

 

CERTIFICATE OF APPRECIATION PRESENTED TO ERIC TURNER FOR BEING NAMED THE AIR FORCE ASSOCIATION’S CITIZEN AIRMAN OF THE YEAR 2004.

WHEREAS, Eric Turner, as a Intensive Juvenile Probation Officer for Henry County, manages an extensive caseload of juvenile offenders; and

 

WHEREAS, Eric Turner is also a Second Lieutenant in the Air Force Reserves and the Services Flight Combat Support Flight Commander for the 919th Special Operations Wing at Eglin Air Force Base in Florida; and

 

WHEREAS, Lt. Turner is in charge of combat support for deployed personnel, managing forty (40) people and a $150,000 food program, which provides more than 15,000 meals annually, and assists in securing billeting for reservists during the unit training assemblies;

 

NOW, THEREFORE, BE IT PROCLAIMED that the Henry County Board of Commissioners does hereby present a Certificate of Appreciation to Eric Turner for his service and dedication to both our Country and County and for being named the 2004 Air Force Association’s Air Force Reserve Citizen Airman of the Year.

 

 

CERTIFICATE OF APPRECIATION PRESENTED TO EARL PARKER FOR BEING NAMED THE AIR FORCE ASSOCIATION’S EMPLOYER OF THE YEAR FOR 2004.

 

WHEREAS, Earl Parker, serves Henry County as Chief Juvenile Probation Officer, overseeing seven (7) Juvenile Probation Officers, provides assistance and rehabilitation for at-risk youth who have entered the judicial system; and

 

WHEREAS, Earl Parker, supports his Officers in the military reserves by providing them with eighteen (18) days of military leave to serve their Country;

 

NOW, THEREFORE, BE IT PROCLAIMED that the Henry County Board of Commissioners does hereby present a Certificate of Appreciation to Earl Parker for his service and dedication to both our Country and County and for being named the 2004 Air Force Association’s Air Force Reserve Employee of the Year.

 

            (Certificates were handed out and pictures were made.)

 

REZONINGS:

Lake Erma, LLC – RZ-04-43.

 

WHEREAS, Lake Erma, LLC (RZ-04-43) has applied for a rezoning from RA (Residential Agricultural) to R-2 (Single Family Residence) to permit the development of a residential subdivision, for property located on the western side of North Mount Carmel Road, Land Lots 138, 139 and 151 of the 6th District consisting of 62.18 +/- 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 Municipal Planning Commission reviewed and recommended approval of the request on September 23, 2004; and

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

1.      Compliance with all requirements on Table 2.0 on page 2 of the Staff Report shall be adhered to.  Building setbacks and maximum net density shall be strictly adhered to.  There shall be a minimum lot area of 22,000 square feet.

2.      All covenants placed on the Crystal Lake Plantation development by the Board of Commissioners within resolution number 03-336 (ref. case number RZ-02-54) shall be adhered to.

 

Commissioner Freedman made the motion to approve the resolution with one change, stating the change shall be the maximum number of developed lots.  Commissioner Holman seconded.

 

Mr. David Black, of 209 Eagles Landing Way and the developer, stated this property is already located in what is Crystal Lake Plantation, and GRTA and the ARC approved this for 630 lots.  As presented in the beginning, a bridge was in the plans through the end of the wetlands and core, but the environmentalists said, “since you own a bunch of the additional property surrounding it, we would like for you to go around it.”  He said they engineered it and still stayed under the 630 original lots; therefore, no additional lots are being requested if this application for rezoning is approved.  The total number of lots will be 629 with all of the requirements Crystal Lake had from the beginning (22,000 square foot, all masonry, all brick, 2,000-3,000 square foot minimum).  He said this is actually a ‘clean-up’ of the original application and to avoid the impact of the wetlands. 

 

Chairman Maddox asked if there was any opposition to this request; there was a response from the audience. 

 

Ms. Misty McCall-Leach, who lives at 100 N. Mount Carmel adjacent to the golf course, said her issue was not with David Black or the rezoning, but with the issue of Farmer Road.  Residents are requesting to cul-de-sac Farmer Road, and Mr. Black is allowed 629 houses.  Also Exhibit C is showing True North, and that is 97.6 acres that will be allowed to become a subdivision.   She spoke against Farmer Road becoming a cul-de-sac.  Ms. McCall-Leach said it does affect Lake Erma because one of the first conditions for approval was a red light to be installed either at Farmer Road and N. Mount Carmel or Farmer Road and Jonesboro Road.  That, in itself, shows the importance of Farmer Road in relation to the traffic conditions coming out of Crystal Lake or Lake Erma.  She said to cul-de-sac Farmer Road would go against the Board’s resolution as how Lake Erma was approved. 

 

Mr. Al Jordan, who lives at 151 N. Mount Carmel Road, said he was not in agreement with the rezoning of this property based on the fact Mr. Black has not done what he was asked to do.  Mr. Black had met with the property owners adjacent to the property and agreed to a fifty (50’) foot buffer that he agreed to maintain from the entrance along N. Mount Carmel Road to the north property line.  Mr. Jordan said his problem is Mr. Black did not honor their request to maintain the buffer that was agreed upon in Resolution 03-336.  He said one of the neighbors heard there has been a change in the subdivision plan, and he requested a meeting with Mr. Black that has never taken place. 

 

Commissioner Freedman questioned Mr. Black regarding the fifty (50’) foot maintained buffer from the entrance along N. Mount Carmel Road to the north property line. 

 

Mr. Black said there is a fifty (50’) foot buffer between the entrance and Jonesboro Road, and they have not disturbed one tree; he said it is exactly as it was.  Mr. Black said he had no idea what Mr. Jordan was talking about. 

 

Commissioner Freedman said he would like to go to the site with Mr. Jordan and Mr. Black and get a commitment from Mr. Black if the fifty (50’) foot buffer has been infringed, that Mr. Black will plant any area of the buffer with trees to fill in what has been taken out.   Mr. Black agreed.

 

Commissioner Freedman added two conditions to the existing two conditions to the motion as follows:

 

3.      A maximum of six-hundred, thirty lots will be developed under this rezoning.

 

4.      If the fifty (50’) foot buffer along N. Mount Carmel Road from the entrance north

has been disturbed, it will be replanted with buffer trees.

 

Commissioner Holman said ‘point of order.’  He stated Commissioner Freedman has amended his motion, and Commissioner Holman amended his second.   The motion with the amendment carried 5-0-0 with Commissioners Freedman, Holman, Harper, Adams, and Holder voting in favor. 

 

Shawshank, Ltd. – RZ-04-39.

 

WHEREAS, Shawshank, Ltd. (RZ-04-39) has applied for a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) to develop a single-family residential subdivision, for property consisting of 69.46+/- acres and located on the eastern side of Pleasant Grove Road, in Land Lot 105 of the 11th District; 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 Municipal Planning Commission reviewed and recommended approval of the request on September 23, 2004; and

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

1.  All homes shall be four-sided brick.  There shall be no modular units.

2.  All homes shall have a minimum of 2,400 square feet of heated floor space.

3.  The developer shall install sidewalks on both sides of the street.

4.  Two-car side entry garages standard.

5.  Underground utilities and streetlights shall be required.

6.  All yards shall be sodded to the rear drip line.

7.  The minimum lot size shall be 30,000 square feet.

8.  The soffit, fascia and decorative trim shall be covered in vinyl only.

9.  A buffer along all streams or rivers shall be maintained for a distance of fifty (50’)

                 feet from the bank of such streams on both sides.

 

10.    The development shall comply with the Georgia Department of Transportation

Regulations for Driveway and Encroachment Control as amended on March 8,

2004, which includes any acceleration or deceleration lanes.

 

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 the site.

 

13.    There shall be an undisturbed twenty-five (25’) foot buffer around the perimeter of

the proposed subdivision.

 

14.    Any retention areas shall be landscaped for aesthetic appeal subject to approval of the

Development Plan Review Department.

 

15.    All existing homes shall be removed to maintain consistency in development.

 

16.    All new lots adjoining the North of the existing Wedgefield Subdivision served by

Wedgepark Ct. and Wedgepark Dr. shall have an additional buffer of fifty (50’) feet

to preserve the existing character of their improvements subject to the approval of

the Development Plan Review Department.  Wedgefield Subdivision lot 8 especially

shall have the additional buffering, lot 11 and lot 12 buffer distances to be determined

by Development Plan Review.

 

Commissioner Holman made the motion for discussion purposes; Commissioner Holder seconded. 

 

Mr. Carl Jones, of 750 Tower Gate Place in Atlanta, presented a proposal to construct sixty-nine (69) units of R-2, thirty thousand (30,000) square feet, but not to exceed one per acre overall.  He said these homes will be of the highest quality with twenty-four hundred (2,400) square feet and 4-sides brick, and it is his intent to construct twenty-two (22) lots on the Rockdale side, consisting of thirty-one (31) acres, with the same conditions applying.  On the back side of the property there are 7-1/2 acres designated for a greenspace area, and 2-1/2 acres designated for a recreational area for children to play, with park benches.  Also, there will be an upgrade on East Fairview Road with an entrance and exit with accel/decel lanes, and an eight-hundred (800’) foot sight distance (400 to the north and 400 to the south).  A soil analysis has been completed, and Ms. Glinda Scott, Environmental Health Director, has received a copy.   Mr. Jones stated all of the existing houses on the property will be removed, so that no discrepancy will exist as far as being “grandfathered” in.   

 

Chairman Maddox asked if there was any opposition to this request; there was a response from the audience. 

 

Mr. Herbert Parker, a resident of Rockdale County, said his farm is directly in front of the subject property.  He stated it is agricultural, and he boards and shows horses.  He said in this square mile area, there are from three to hundreds of acres of farms.   Mr. Parker stated the Rockdale County Chairman, Norman Wheeler, has sent a letter to the Board addressing this property being denied in Rockdale County.  He said there is another adjoining property that was denied in Rockdale County by both the Zoning and Planning Commission and also by the Board of Commissioners.  Mr. Parker said this Board should have received over 300 petitions from the residents in the area against this rezoning.  He stated traffic is a real issue in Rockdale County as well as Henry County; there have been many accidents on this road due to a sharp curve a short distance from this proposed site.  Mr. Parker said greenspace is needed, and this is the only part of Rockdale County left for that purpose.   

 

Commissioner Holman handed to the Board and Mr. Jones a continuation for the resolution (conditions 7 through 16).  He said Commissioner Freedman was correct in that condition #13 should be struck.  Mr. Jones said the only problem he has is condition #16 because it will necessitate changing the road completely.  He asked to keep it as a twenty-five (25’) buffer opposed to one-hundred (100’) foot buffer, because the creek is an important factor.  Commissioner Holman stated he would change the wording of condition #16 to read fifty (50’) feet showing the attempt to keep the new development out of the existing Wedgefield’s back yard. 

 

Commissioner Holman amended his motion for condition #1 to read:  “All homes shall be all-sided brick.  There shall be no modular units.”   Commissioner Holman said to strike condition #13, and in condition #16, change “additional buffer of one hundred (100’) feet to fifty (50’) feet.”  Mr. Jones stated he was in agreement.  Commissioner Holder amended his second. 

 

Commissioner Adams asked Mr. Jones if this was ‘level 3’ soil; Mr. Jones said, “yes,” and presented the Board with a copy. 

 

Commissioner Holman reminded the Board that Rockdale County did deny the rezoning request; however, the applicant is building on one (1) acre lots (that is the minimum lot size).  The Henry County lot size will be three quarter (3/4) acre minimum lot size, and that is where the septic systems will be installed.  Commissioner Holman said these are big lots. 

 

The motion carried 5-0-0 with Commissioners Holman, Holder, Adams, Freedman, and Harper voting in favor.

 

Project True North – RZ-03-35.

 

Chairman Maddox made an announcement the reason this rezoning is coming before the Board again is because it was sent by the Superior Court of Henry County issuing an Order for the property to be rezoned with the conditions. 

 

Project True North has applied for a rezoning from RA (Residential Agricultural) to R-2 (Single-Family) Conditional for property located on Mount Carmel Road east of Chambers Road in Land Lots 115 and 142 of the 6th District. 

 

WHEREAS, Project True North filed an Application for Rezoning dated June 19, 2003; and

 

WHEREAS, Project True North’s Application for Rezoning was presented on December 16, 2003; and

 

WHEREAS, after hearing public comments, the Board voted to deny Project True North’s request for rezoning; and

 

WHEREAS, John Lunsford filed a Complaint for Violation of Constitutional Rights to seek to enforce rezoning of its property;

 

WHEREAS, September 29, 2004, the Superior Court of Henry County, Georgia issued an Order requiring the property to be rezoned from the current RA zoning classification to the zoning classification of R2 Conditional and Greenspace; and

 

WHEREAS, all requirements of State and local law with respect to advertising and posting have been met;

 

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the property subject to Project True North’s zoning application be and is hereby rezoned from the RA zoning classification to R2 Conditional with Greenspace in order to ameliorate the negative effect of such rezoning of the property on adjoining properties and property owners and to properties and property owners in the general vicinity of the property.  The zoning is approved subject to the following conditions.

 

1.      The minimum lot size shall be 18,000 square feet.

2.      Because of the current zoning and type of development adjacent to the northernmost boundary of the Property, the following condition shall apply:  For lots situated north of the existing 20’ sanitary sewer easement, the aggregate lot size may be reduced by a total number of square feet not to exceed the number of square feet of property adjoining the northern boundary of the property which is set aside for greenspace; however, in no event shall any lot be smaller than 12,000 square feet.  For example, if 10,000 square feet of property along the northern boundary of the property is set aside for greenspace, then the lots north of the 20’ sanitary sewer easement may be reduced by a total of 10,000 square feet; the 10,000 square feet may be allocated among the lots north of the 20’ sanitary sewer easement in any manner provided that no lot shall be smaller than 12,000 square feet.

3.      One-half (1/2) of all homes south of the 20’ sanitary sewer easement shall have a minimum of 2,000 square feet of heated living area.

4.      One-half (1/2) of all homes south of the 20’ sanitary sewer easement shall have a minimum of 2,200 square feet of heated living area.

5.      All homes north of the 20’ sanitary sewer easement shall have a minimum of 2,000 square feet of heated living area.

6.      All homes shall be constructed on all sides of brick or stone; no vinyl siding shall be permitted;

7.      There shall be a landscaped boulevard style entrance to the property from Mount Carmel Road.

8.      All houses shall be built on-site; no modular or manufactured homes shall be permitted; all homes shall have a two car garage; all garages shall be side-entry where the lot layout will permit.

9.      There shall be no mass grading/clear cutting of the site.

10.  The Developer of the subdivision shall install sidewalks on both sides of all streets within the subdivision.

11.  The Developer of the subdivision on the property shall install non-fruit bearing trees between the sidewalk and the curb throughout the entire development.

12.  The Developer shall install underground utilities and streetlights.

13.  Uniform mailboxes shall be provided throughout the subdivision.

14.  All greenspace and open space throughout the subdivision shall be deeded to a mandatory homeowner’s association. 

15.  No more than 175 lots shall be permitted in the subdivision.

 

Commissioner Harper made the motion to approve the resolution; Commissioner Holman seconded. 

 

Chairman Maddox talked to the County Attorney, Patrick Jaugstetter, prior to this meeting and said the Board can discuss this issue in detail, but the Board is summoned by the Court to approve this. 

 

Chairman Maddox asked if there was any opposition to this request; there was a response from the audience.

 

Mr. Wallace Adams, who lives at 1046 Mount Carmel Road, said he was concerned about the easement showing up on the plat.  He stated there is an easement running from his property to Mount Carmel Road, and he had talked to Mr. Lunsford several times.  Mr. Adams said his attorney sent Mr. Lunsford a letter, but all he gets is “lip service” but nothing shows up, and he is concerned they will rush this through.  Mr. Adams gave a copy to Mr. Stacy Jordan, Henry County Planner I, on October 6, 2004.  He said the easement is being used to get to his property, but it is not deeded. 

 

Mr. Jaugstetter said there is nothing the Board can do to grant or take away that easement; the Board does not have jurisdiction. 

 

Commissioner Freedman asked if the Board could require the easement to be shown on the plat. 

 

Mr. Jaugstetter said the Board could require this. 

 

Commissioner Harper amended the motion to add condition #16 to the zoning conditions stating, “should a valid easement exist on the said property, granting ingress and egress to the neighboring property owners, said easement shall be shown on the final plat.  Commissioner Holman amended his second.

 

Ms. Laurie Steele, who lives at 1185 Mount Carmel Road, said at the last Board Meeting, when the conditions were listed, one of the conditions was the requirement of fully sodded yards with the exception of trees and vegetation.  She did not understand if that was omitted out of error or if that was negotiated and omitted. 

 

Commissioner Harper said it is possible that condition was left off.   Commissioner Harper amended his motion to add condition #17 stating, “the yards shall be fully sodded pursuant to the original agreement.  Commissioner Holman amended his second.  

 

Commissioner Holder commented the language on this should be consistent with what it was before, because when the Board says “sodding the entire lot,” if it is wooded, it cannot be done.   Commissioner Harper agreed the language should say, “sodded where there is no vegetation or trees.”  Mr. Jaugstetter said this is worded correctly in the Consent Order.

 

Commissioner Freedman repeated the comment Chairman Maddox had made at the last Board Meeting regarding subdivisions needing more than one (1) entrance. Therefore, Commissioner Freedman stated he is voting against this resolution, because Chairman Maddox had voted against one the day before based on the same scenario.  The motion carried 4-1-0 with Commissioners Harper, Holman, Holder, and Adams voting in favor, and Commissioner Freedman voting against.

 

EMERGENCY SPLOST ITEMS.

 

Mr. Jaugstetter provided the Board with a copy of the Contract with the Georgia Department of Transportation for Acquisition of Right-of-Way for Patrick Henry Parkway.  He said the GDOT will provide the County with the plans, and then the County’s job is to acquire the right-of-way.  Mr. Michael Harris, Public Works Division Director, said the GDOT will assist in financial assistance in the construction, and the County will follow their procedures and guidelines.  Mr. Harris recommended approval.

 

Commissioner Holman made the motion to approve the agreement; Commissioner Adams seconded. 

 

Commissioner Holman asked about the financial obligation to the County and the source.

 

Mr. Terry McMickle, SPLOST Transportation Manager, stated all right-of-way will be purchased by SPLOST.  He said a data book will be provided; therefore, a right-of-way estimate is not available at this time. 

 

Commissioner Adams asked, “when do you anticipate this happening?”

 

Mr. McMickle said the plans have been approved by the GDOT, and this is just part of the process for acquiring a right-of-way.  He said they are ready to start acquiring right-of-way now.  Mr. McMickle stated this project should be completed in a year to fourteen (14) months. 

 

The motion carried 5-0-0 with Commissioners Holman, Adams, Harper, Holder, and Freedman voting in favor.

 

 

AGENDA AMENDMENTS:

 

Resolution Requesting Approval to Fund From Impact Fees to Proceed with Solicitation for Parks & Recreation Master Plan that will Identify Locations of New Parks.

 

WHEREAS, the Henry County Board of Commissioners wishes to approve proceeding with solicitation and funding from impact fees for a Parks and Recreation Master Plan that will identify locations of new parks;

 

WHEREAS, the issues addressed herein are due to the need to identify location of new parks, new facilities, scope of services, funding sources, mission statement, and goals;

 

WHEREAS, the recommendation hereto, is due to the need to ensure a needs assessment is performed that will strategically plan the direction of recreation services so no decline in the level of service occurs;

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves proceeding with solicitation and funding from impact fees for a Parks and Recreation Master Plan that will identify locations of new parks and authorizes the Chairman of the Board to sign all necessary documents.

 

Commissioner Holman made the motion to approve the resolution; Commissioner Harper seconded. 

 

Commissioner Freedman said this is generic; he asked who submitted this resolution.

 

Ms. Angus stated she submitted the resolution.  She said this is a Master Plan for the overall County the Board requested. 

 

The motion carried 5-0-0 with Commissioners Holman, Harper, Freedman, Adams, and Holder voting in favor.

 

 

COMMISSIONER(S) COMMENTS:

 

Commissioner Freedman said, “When Commissioner Adams gave his prayer today, he opened with a very nice thing about ‘the Lord would guide us to do open action on this Board,’ and then today we are wearing these nice ribbons saying, ‘Kindness.’  I saw neither of those when I proposed the resolution that would be kind to the citizens of Henry County.  I am going to read it since the Board obviously did not want it to be entered into the record; it is a Resolution for the Board of Commissioners to Adjust Their Scheduled Meeting Time to Accommodate Public Attendance and Encourage More Citizen Involvement.  It reads: 

 

WHEREAS, the Henry County Board of Commissioners currently conducts its scheduled monthly meetings at nine a.m. (9:00 a.m.) on the first and third Monday of each month, and at nine a.m. (9:00 a.m.) on the first Tuesday of each month, and at six thirty p.m. (6:30 p.m.) on the second Tuesday of each month; and

 

WHEREAS, the average Henry County citizen is usually unable to attend the morning meetings, due to work schedules, school schedules, and other daytime commitments; and

 

WHEREAS, the Henry County Board of Commissioners notes that the morning Commission Meetings are sparsely attended by citizens; and

 

WHEREAS, more citizen involvement in, and knowledge of, County open business is important to a better-informed population;

 

NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED by the Board of Commissioners of Henry County that the first Monday meeting of each month shall commence at nine a.m. (9:00 a.m.) and the third Monday meeting of each month shall commence at seven thirty p.m. (7:30 p.m.), and the first Tuesday meeting of each month shall commence at nine a.m. (9:00 a.m.), and the third Tuesday meeting of each month shall commence at seven thirty p.m. (7:30 p.m.), to better facilitate and encourage public attendance and participation in the conduct of County business.”

 

Commissioner Freedman continued, “when we have morning meetings we have eliminated the public from hearing the business of the County; maybe that is the intent, but I doubt it is.  I think the intent of the Board was not to pass that particular resolution because of the person who proposed it.  I think it is imperative this Board has open meetings, as Commissioner Adams suggested in the prayer.  Holding meetings at 9:00 a.m. three (3) days out of four (4) is not opening the meeting to the public.  We had two (2) citizens at the meeting yesterday, and it is usually the same two (2).  In all fairness, I attempted to get the Board to pass this resolution, but they elected not to do that.”

 

Commissioner Harper responded, “Commissioner Freedman, you have been here eight (8) years, and you have a month and a half left in office, and then you get this epiphany that you need to change the meeting times.  That is a front to Ms. Mathis and a front to Mr. Stamey and whoever sits in this seat come January 1st that you are going to dictate to them what times they are going to meet.  On January 1st maybe the times do need to be changed, but you ought to give them the courtesy to make that decision.”

 

Commissioner Freedman said, “Commissioner Harper, you are as wrong as you can be, because I have brought this issue up for two (2) years regarding the meeting times; you are part of the people that changed it to daytime meetings.  You can epiphanize all you want, but the point is we are not having citizens at our meetings, because we are holding morning meetings.  This is not a new issue, and I am not trying to bring it up at the last minute.”

 

 

APPROVAL OF MINUTES: 

 

Commissioner Holman made the motion to approve the October 18, 2004 Minutes of the Regular Board of Commissioners Meeting; 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 19, 2004 Minutes of the Regular Board of Commissioners Meeting; Commissioner Holder 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 26, 2004 Minutes of the Quarterly Board of Commissioners/Board of Education Joint Meeting; Commissioner Holder seconded.  Commissioner Freedman stated the Minutes are showing Commissioner Harper was not in attendance at the Joint Meeting.  A correction was made showing Commissioner Harper was in attendance, but Commissioner Adams was the Commissioner not in attendance.  The motion carried 5-0-0 with Chairman Maddox, Commissioners Harper, Holman, Holder, and Freedman voting in favor.

 

 

UPCOMING MEETINGS:

 

11/0904           Tuesday           6:00 p.m.          Called BOC Meeting along with the Planning

                                                                        Commission and the Steering Committee to discuss

                                                                        the Comprehensive Plan.

 

11/15/04          Monday           9:00 a.m.          Regular BOC Meeting

 

11/16/04          Tuesday           6:30 p.m.          Regular BOC Meeting

 

11/25/04          Thursday                                  THANKSGIVING HOLIDAY

 

11/26/04          Friday                                      THANKSGIVING HOLIDAY OBSERVED

 

12/06/04          Monday           9:00 a.m.          Regular BOC Meeting

 

12/07/04          Tuesday           9:00 a.m.          Regular BOC Meeting

 

 

Commissioner Holder made the motion to adjourn into Executive Session, in accordance with the provisions of O.C.G.A. 50-14-3, and other applicable laws, and pursuant to advice by Patrick Jaugstetter, the County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters; Commissioner Holman seconded.  The motion carried 5-0-0 with Commissioners Holder, Holman, Adams, Freedman, and Harper voting in favor. 

 

 

                                                (An Executive Session Was Held.)

 

 

Commissioner Harper made the motion to reconvene into Public Session; Commissioner Freedman seconded.  The motion carried 4-0-0 with Commissioners Harper, Holman, Holder, and Freedman voting in favor.  (Commissioner Adams was absent and did not vote.)  Commissioner Holman asked the record to reflect he was conducting the meeting in Chairman Maddox’s absence. 

 

Commissioner Harper made the motion to authorize the Chairman to execute the affidavit of Executive Session; Commissioner Holder seconded.  The motion carried 4-0-0 with Commissioners Harper, Holman, Holder, and Freedman voting in favor.  (Commissioner Adams was absent and did not vote.)

 

Commissioner Harper made the motion to amend the Agenda and also approve an Employment Contract with Mr. Rob Magnaghi for employment as County Manager on terms agreed to in Executive Session, and to authorize the Chairman to sign the agreement on behalf of the Board; Commissioner Holder seconded.  The motion carried 4-0-0 with Commissioners Harper, Holder, Holman, and Freedman voting in favor.  (Commissioner Adams was absent and did not vote.)

 

Commissioner Harper made the motion to amend the Agenda and also approve a resolution authorizing a four (4%) percent bonus to be given in December to the employees; Commissioner Holder seconded.  The motion carried 4-0-0 with Commissioners Harper, Holder, Freedman, and Holman voting in favor.  (Commissioner Adams was absent and did not vote.)

 

Commissioner Harper made the motion to amend the Agenda to add and also to approve the allowance of Comp-Time or actual pay for those employees not taking the recent inclement weather day; Commissioner Holder seconded.  Commissioner Holman asked if there was any discussion; hearing none, the motion carried 4-0-0 with Commissioners Harper, Holman, Freedman, and Holder voting in favor.  (Commissioner Adams was absent and did not vote.)

 

Commissioner Harper made the motion to approve a resolution approving financing through the ACCG for land located on Highway 81 at Heritage Park, and authorize the Chairman to sign the same on behalf of the Board; Commissioner Holder seconded.  Commissioner Holman asked if there was any discussion; hearing none, the motion carried 3-1-0 with Commissioners Harper, Holman, and Holder voting in favor, and Commissioner Freedman voting against.  (Commissioner Adams was absent and did not vote.)

 

Commissioner Holman made an announcement the Board of Commissioners are having a Called Meeting on November 4, 2004 at 4:00 p.m. for the purpose of Executive Session.

 

Commissioner Harper made the motion to adjourn at 12:57 p.m.; Commissioner Holder seconded.  The motion carried 4-0-0 with Commissioners Harper, Holman, Holder, and Freedman voting in favor.  (Commissioner Adams was absent and did not vote.)

 

 

                                                            Leland Maddox, Chairman

 

Peggy L. Malcolm, Deputy County Clerk