The Henry County
Board of Commissioners held a Regular Meeting at 9:00 A.M. on Monday, July 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 T. Harper, District III Commissioner
Gerry Adams, District IV Commissioner (not present)
Also attending were Linda Angus, County Manager;
1. Request by the Tax Commissioner for funding for internet enabling of the property tax payments system.
2. Resolution to allocate all pooled expenses located in the unallocated department in the General Fund
3. Resolution to approve a bid proposal for construction of the Locust Grove Library
Resolution directing the Henry County Transportation
Department to install additional stop signs at the intersection of
5. Resolution to authorize the addition of two new large patching crews, two pothole crews and a chip seal crew within the Department of Transportation
6. Appointment to Tax Assessors Board (tabled by BOC 7/6/04)
7. Approval of the Minutes for June 14, 2004 (Regular Meeting); June 29, 2004 (Called Meeting); July 6, 2004 (Regular Meeting); and July 14, 2004 (Called Meeting) - (NOTE: This replaces the contents of Item XVIII on the agenda). Correction to previously approved minutes for the June 15, 2004, meeting.
PUBLIC HEARING: MILLAGE RATE.
Mr. Andy Pipkin, Tax Commissioner, stated the purpose of hearings on the millage rate is former Governor Barnes decided that whenever we have a re-evaluation on property, that either by the same percent of the re-evaluation, the millage rate has to be lowered or three (3) public hearings have to be held stating why the money is needed and why the millage rate should either remain the same or not be rolled back. He said re-evaluation is all we are concerned with; growth is something that is going to happen and growth, which results any time you add on to a house or install a swimming pool, any addition/improvements to the property. Mr. Pipkin said re-evaluation would be when Tax Assessors have you valued at “X” amount of dollars and it is raised because the fair market value has gone up.
Mr. Pipkin said
the unincorporated area is all property in
Mr. Pipkin said,
referencing the five-year history which is in the paper, we go with the
unincorporated area first and then with the four (4) cities in alphabetical
Mr. Everett said the property around him did not go up like that. He said when you appeal your taxes, you get red-flagged (penalized). He asked why the Commissioners allow these people to do anything they want to, and when you try to rectify the situation, you get red-flagged. He said all he could do was hire an attorney. Mr. Everett said he is 68 years old, on a fixed income, and retired in 1991, and stated it was up to the Board of Commissioners to look after the people who elected them.
Mr. Everett agreed he was receiving a break, but stated every time he gets a break, they go up on his property to get it back. Mr. Everett stated he does not have a college education, but he knows what is going on.
Mr. Pipkin announced there would be another meeting today at 4:00 P.M. and then the millage rate would be set directly after that meeting.
PUBLIC HEARING: POTENTIALLY DANGEROUS DOG HEARING.
Section 3-4-45.c of the Henry County Code of Ordinances provides for a hearing before the Animal Control Board when there has been a determination made by the Animal Control Department that a dog is potentially dangerous. On March 11, 2004, Ms. Tiffany Love was informed in writing that her two (2) dogs had been found potentially dangerous, and Ms. Love requested a hearing before the Animal Control Board.
Ms. Cathy Hewitt, Animal Control Supervisor, stated one officer had been to the location, and Ms. Love’s mother or parent lives at the location. She said what was told to the officer was Ms. Love travels and resides predominantly in California, but does spend time visiting her parents. When she visits, the dogs stay at this location.
Mr. Trigg said when the incident happened, he tried to make contact with Ms. Love. He stated when mail is sent to the California address, it is rerouted back to the Deerwood Drive address. Mr. Trigg said Ms. Love has been at this address since November, 2003, and her car has been parked outside that home since November.
Ms. Trigg stated besides killing their dog, Ms. Love’s dog has also killed a neighbor’s dog.
Ms. Victoria Flom, who lives at 797 Deerwood Drive, stated the dogs initially attacked her four (4) dogs first. At that time, Ms. Love put up a fence, but the attacks continued. Ms. Flom said these dogs are Rodesian Razorbacks; they are bred to attack lions and they have no fear of humans. She said one of the dogs picked up her Jack Russell and shook it like a rag doll, and the dog is still there at the location.
Mr. Tomlinson said the fact the dog has been classified “potentially dangerous,” the owner of the dog would have to register the dog, pay an annual fee ($100), install a fence, and post the property as “dangerous dog.” He said he would have to check the code to see if the owner would have to post a bond ($15,000 surety bond). He said, at this point, we cannot impound the dog(s) unless the ordinance is violated.
The motion was voted on and carried 4-0-0 with Commissioners Harper, Holder, Holman and Freedman voting in favor.
MODIFICATION TO A CONDITION OF ZONING:
Hudgins Communities, Inc. – MC-02-04.
Hudgins Communities (MC-02-04) has applied for a modification to a zoning condition for property located on along the south side of Brannan Road, known as Carlyle @ Rockport Subdivision in Land Lot 3 of the 7th District. The Henry County Municipal Planning Commission reviewed and recommended approval of the request with the following conditions:
1. A revised final plat shall be submitted to the Department Plan Review for approval removing all references to the walking/jogging trail.
2. Condition #5, approved with the rezoning request on December 17, 1996, is removed as a condition of rezoning.
3. All homeowners affected by the removal of the walking/jogging trail are provided a new final plat, by the developer, at no expense, removing the walking/jogging trail.
“WHEREAS, the Henry County Board of Commissioners is
approving this resolution in reliance on Hudgins Communities’ commitment to pay
for the Carlyle Homeowners Association the sum of $23,180.00;”
Ms. Loretta Petty, President of the Homeowners Association, stated the residents in the Carlyle did vote to accept the amount Hudgins Communities had offered in lieu of the walking trail, and said there is no opposition to that. She said, “we have agreed as a subdivision to go ahead and take this settlement.”
Ms. Petty stated they must have been absent from the meeting called when the Association voted; she said, “we had an advertised meeting and the quorum was there, and the vote was taken by the Association and it did pass.”
Ms. Petty said the check would be forthcoming within five (5) days of the approval. She stated she did not want to get into a “waiting game” with Mr. Hudgins where it would take six (6) or eight (8) months before they received the check.
Shiraz Aly – RZ-04-20.
Shiraz Aly (RZ-04-20) has applied for a rezoning from RA (Residential Agricultural) to C-2 (General Commercial) to permit the development of a convenience store and gas station, for properties located at 3324 Highway 81 and 55 South Ola Road, Lot 145 of the 7th District. The Henry County Municipal Planning Commission reviewed and recommended approval of the request with the following conditions:
1. The two subject properties shall be combined into one lot and recorded as a single parcel, prior to the submittal of plans to the Development Plan Review Department.
2. Construction of a fence no more than eight feet (8’) in height on sides that directly abut residential land uses (in addition to forty-foot (40’) buffer requirement).
3. All sides of the building(s) shall be constructed of brick, stucco, glass, stone or any combination thereof.
4. Development Plan Review Department staff shall approve the proposed landscape plans prior to the issuance of a building permit.
5. An exterior lighting plan shall require all lighting to be of moderate brightness and consist of downcast lighting.
6. Dumpster(s) shall be placed on a concrete pad and enclosed on three sides. The enclosure shall be constructed of brick, stone, stucco or any combination thereof provided it is consistent with the primary structure, and shall not exceed eight feet (8’) in height.
7. The primary ground signage shall consist of a monument-based sign, constructed of brick, stucco, stone or any combination thereof, and shall not exceed fifteen feet (15’) in height.
8. Development Plan Review staff shall approve the architectural character of all proposed buildings.
The Chairman asked for the vote on the resolution;
the motion carried 3-1-0 with Commissioners Harper, Holder and Freedman voting
in favor, and
The Sembler Company of Atlanta – RZ-04-21.
The Sembler Company of Atlanta, Georgia, requests a rezoning from RA (Residential Agricultural) to C-3 (Heavy Commercial) for property located on the western side of Mill Road and south of Jonesboro Road, in Land Lot 110 of the 6th District. The property consists of 22.61 +/- acres, and the request is to develop a retail shopping plaza. The Henry County Municipal Planning Commission reviewed and recommended approval for C-3 (Heavy Commercial) with the following conditions:
(1) All four sides of the building shall be constructed of brick, stone, stucco/EIFS, glass or any combination thereof and shall reflect the overall design features of the surrounding buildings. The Planning and Zoning Department and the Board of Commissioners shall have architectural review of the plans. Prefabricated buildings are discouraged. If the rear of the building does not face a street or parking lot, then painted concrete block may be used on the rear of the building.
(2) There shall be a Master Sign Development Plan reviewed and approved by the Henry County Board of Commissioners. All signs shall have a consistent character and design details (such as trellis, brick, river stone, etc.) that reflect the design of the project.
(3) An exterior lighting plan shall require that all lighting be of moderate brightness and consist of downcast lighting.
(4) Dumpster(s) which are facing public streets shall be placed on a concrete pad and enclosed on three (3) sides. The enclosure shall be constructed of brick, stone, stucco or any combination thereof provided it is consistent with the primary structure, and shall be a minimum of eight (8’) feet in height.
(5) The developer shall install sidewalks along the entire frontage of the property and sidewalks should also be installed internal to the development, which will connect the out parcels to the anchor tenant.
(6) A detailed landscape plan shall be submitted that shall exceed the minimum requirements of the ordinance to include heavy landscaping throughout the entire 22.61+/- acre site. All parking rows shall have a minimum of three (3) landscape isles. The Development Plan Review Department shall have final approval of the plan prior to any issuance of a certificate of occupancy.
(7) Detention facilities shall be screened via heavy landscaping along the perimeter of the pond, the details of which shall be included as part of the landscape plan.
Mr. Jaugstetter said the Board did not need the consent of The Sembler Company to add conditions.
MR. CHARLES COLE, REGIONAL MANAGER FOR TITLEMAX, REQUEST TO APPEAR BEFORE THE BOARD REGARDING THE DENIAL OF A BUSINESS LICENSE.
TitleMax submitted an application for a business license on April 12, 2004 and was denied a license and is requesting to appeal this denial.
Mr. Jaugstetter stated TitleMax applied for a license to operate as a pawn shop in Henry County. The application was denied because the County’s Ordinance requires the owner or shareholder to be a resident of Henry County. He said what the Board needs to do is make a decision today on either to grant the license (despite the provision in the standing Ordinance), or uphold the denial of the permit in which the Ordinances’ constitutionality may possibly be tested by the applicant.
Mr. Michael Cross, attorney representing the applicant, said he was present to ask for permission as a whole to approve the license. He said rather than focusing on the unconstitutionality of the statute, he wanted Mr. Cole to come forth and speak on the Company.
Mr. Charles Cole, Regional Manager for TitleMax, said he wanted to inform the Board a little about their business.
The vote was taken on ‘calling the question;’ the motion carried 4-0-0 with Commissioners Harper, Holder, Freedman and Holman voting in favor.
The vote was taken on the motion
to issue TitleMax a business license and to have our County Attorney to amend
the Code; the motion carried 3-1-0 with Commissioners Holder, Harper and Holman
voting in favor and
MS. CHRIS ROGERS REQUESTS TO APPEAR BEFORE THE BOARD REGARDING ESTABLISHING A SCENIC ROAD ORDINANCE IN HENRY COUNTY.
Ms. Christine Rogers is a citizen of the County and is very involved in preserving our natural environment. Ms. Rogers would like to address the Board regarding establishing a Scenic Road Ordinance.
Ms. Rogers said she resides at 1171 Turner Church Road and stated each of the Board Members has, at some time, voiced a concern or support for our history, heritage, and environment. She addressed an example in their notebooks of an ordinance that would establish conditions and processes for preserving or designating certain roads as official Henry County scenic roads. She said it offers the purpose, authority, standards and procedures for establishing scenic roads in the County. She said there are still some beautiful old country dirt roads and they are pictures of our past; they are free of pollution, congestion and traffic. She said they offer a quiet journey with canopies of mature trees, clean brooks, scenic views, and abundant wildlife. Ms. Rogers said scenic roads and what they have to offer every season of the year are irreplaceable resources. She said this Scenic Road Ordinance is non-partisan; it does not favor one District over another, and each District can offer its own unique gift. A Scenic Road Ordinance is environmentally friendly, it preserves our past, while benefiting present and future generations. There are no construction costs, no plat reviews, no engineering fees, and very little maintenance.
WHEREAS, Henry County is currently in the process of adopting a new Comprehensive Land Use Plan, as well as corresponding Ordinances, and,
WHEREAS, Henry County’s citizens have requested the adoption of a Scenic Road Ordinance, and,
WHEREAS, the Board of Commissioners direct for the staff and committee responsible for rewriting the Land Use Plan and Ordinances to include a provision providing for a scenic road designation.
NOW, THEREFORE, STAFF IS DIRECTED to include a scenic road designation in the Ordinance drafts currently being prepared for presentation to this Board.
MR. HOKE THOMAS REQUEST TO APPEAR BEFORE THE BOARD REGARDING SOUTH RIVER AT SNAPPING SHOALS.
Mr. Hoke Thomas is a representative of Thomas Brothers Hydro, Inc. and would like to address the Board regarding their permit to withdraw and filter 30 mgd of water from the South River at Snapping Shoals, Georgia.
Mr. Thomas stated he was from Snapping Shoals located at Highways 212 and 81 in Newton County, and said their dam extends across the river to Henry County. He said his purpose is his company, Thomas Brothers Hydro, Inc., has applied for a 30 million gallon a day withdrawal permit from the State EPD for the purpose of filtration for water distribution. He said the State EPD suggested he visit each of the six (6) surrounding counties and the County Commissioner Boards and explain the proposal. The six (6) counties are Newton, Rockdale, Henry, Jasper, Walton and Butts, who are ranked among the fastest growing industrial and residential counties in the State of Georgia.
Mr. Thomas said 30 mgd is enough water to supply all six (6) of the counties with water. He said they began their permit application about the same time Henry County began constructing the Tussahaw Creek Reservoir. Mr. Thomas said as the counties grow, his source of water will be very valuable and it will be needed. The Northeast Georgia Water Council and the State EPD have plans of tying this area’s water system together, just like the power companies have done with the electrical systems to form a grid. So when the demand exceeds the supply, the water will always be there. This would mean we would take water from one river basin, use it, and discharge it into another river basin. Mr. Thomas said that is exactly what is happening at his place; that is, the main item that his permit is predicated upon – the innovation transfer of water which totally eliminates the need for a reservoir. He said 30 mgd of available rural water can be withdrawn from Snapping Shoals 24-hours a day, 365-days a year without any adverse effect on downstream ecology, existing permits, or dry weather conditions. More than 30 mgd of rural water is being introduced into the South River 27-1/2 miles upstream from Snapping Shoals via interface transfer from the Chattahoochee River. This water will continue to increase. The Federal Courts have made a decision between the lawsuit that Alabama has brought against Georgia in reference to the City of Atlanta’s withdrawal from Lake Lanier and the Chattahoochee River, saying they will not establish a water use formula for the states. Therefore, the permits in Atlanta stand existing conditions, the interface transfer is real, and the EPD has made a ruling that interface and transfer now will be permitted and be regulated. Therefore, the water will always be in the South River; this is extra water above the natural flow in the river. Mr. Thomas stated a 30 mgd ultra-filtration plant can be constructed at Snapping Shoals, and the potable water can be distributed to the six (6) surrounding counties using much of the existing infrastructure and piping already in the ground. Mr. Thomas said his facility is located where Henry County’s eight (8”) inch line ties to Newton County’s eight (8”) inch line. Also he said they are located 1.3 miles from Henry County’s main sixteen (16”) inch line, and 6 miles from Newton County’s twenty-four (24”) inch main line. The yield of the proposed filtration plant has been designed at 30 mgd, and since 30 mgd of rolled water is always available from the river, no reservoir is needed. The development of Snapping Shoals as a rolled water withdrawal and filtration plant will be the single most important issue each of the six (6) counties will have to contemplate. Mr. Thomas stated they had estimated the cost of construction and the cost of the potable water to the citizens of this County (at yield capacity) is $.75 per 1,000 gallons.
Mr. Thomas said he had no intentions of developing this as a private entity. He said he wanted the counties to benefit from this; he is giving his permit and water rights.
Mr. Thomas said he had. He stated EPD has had him make these presentations to all six (6) counties in order to obtain the permit.
Mr. Thomas responded the permit alone was $800,000.00. He said he had a lot of money invested; there were six (6) or eight (8) people (two with Ph.D’s) that did work on this, and BP Barber & Consultants out of Greenville, South Carolina did the preliminary study.
Mr. Thomas said his next step was to make an appointment with the Water Authority for their review.
An Ordinance To Revise Chapter 3-6, Article III, Of The Code Of Henry County, Georgia, Entitled “Soil Erosion And Sedimentation Control.”
This is an Ordinance for the purpose of revising Chapter 3-6, Article III of the Code of Henry County, Georgia, adopted May 1, 1984, as amended, entitled “Soil Erosion and Sedimentation Control,” for the purpose of adopting the recent changes made to the Erosion and Sedimentation Act of 1975, Official Code of Georgia Annotated, 12-7-1 et.seq, as required. Erosion and sedimentation are recurring issues related to land disturbance and require regulation. Henry County is currently a Local Issuing Authority, as defined by the Georgia Department of Natural Resources Environmental Protection Division, which requires adoption of a local erosion and sedimentation control ordinance in order to issue and enforce land disturbance permits at the local level. Henry County currently has a Memorandum of Agreement with the Henry County Soil and Water Conservation District allowing in-house review of erosion and sedimentation control plans in order to expedite the permitting process. The revisions would be more protective of natural resources and benefit the citizens of Henry County.
Mr. Jeret Elwell, Department of Plan Review, stated the State has requested us to adopt the revisions they made to the State Erosion and Sedimentation Act of 1975. Henry County had twelve (12) months to do so, or by July 1, 2004. Mr. Elwell said he has asked for a 30-day extension. He said, at the County level, we have requested to be a little more stringent in a couple of areas.
Referencing page 114,
Mr. Taylor said regarding Mr. Holder’s concern, he totally agreed with him and stated we should go with five (5) days on that. Mr. Taylor said he would like for the Board to amend that portion now.
Mr. Steve Schafer, Development Plan Review Director, stated during the first inspection a warning is given, and if correction is not made, then a 24-hour notice is issued for the violation. He said if nothing is done after the second warning, then what is stated here would immediately go into effect. In essence, they would have three (3) days.
Referencing the 14-day issue of
Mr. Schafer said, “yes.” He stated we do not necessarily inspect the SPLOST projects, but we do review their plans.
Mr. Schafer answered they inspect their own projects, and they are inspected by a County Inspector.
The vote was taken, and the motion carried 4-0-0 with Commissioners Harper, Holman, Freedman, and Holder voting in favor.
Request Approval of a Resolution to Uphold the Decision of the Planning Administrator to Allow a Building Permit to be Issued for 3359 Jodeco Road.
The Henry County Board of Commissioners has received and reviewed appeals submitted by Mr. D. H. Arpiarian and Mr. Walter E. Mather, President, Heritage Ridge Homeowners Association, related to the planning administrator’s decision to allow a building permit to be issued for 3359 Jodeco Road.
Mr. Peter Olson, Attorney for
Heritage Ridge Homeowners Association, Mr. Dick Arpiarian, and Mr. Walter
Mather, said this is an appeal, not only for the issuance of the building
permit, but also for the variance reducing the buffer between the commercial
property and the adjacent residential from forty (40’) feet to twenty (20’)
feet. He stated the building permit was
applied for in March, 2004 and was granted in June, 2004. Mr. Olson said this issue was resolved by a
memo from the County Attorney,
Mr. Olson responded at times the tax map has carried it commercial. He said what he is showing is a memorandum from the Planning and Zoning Department:
1984 Tax map residential
1987 Tax map commercial
1986 Zoning map – unclear
2003 Zoning map – R-2, Unofficial tax map – Residential
Mr. Olson said all the evidence shows it has never been rezoned commercial; there is no zoning file in the County’s records. He said it has had a residence on it the entire time, until it was taken down for the development of the office.
Mr. Olson said when the development plan was approved, they allowed the buffer to drop from forty (40’) feet to twenty (20’) feet. The Ordinance specifically says in a circumstance where commercial is abutting single-family residential, the minimum required buffer is forty (40’) feet, and in certain circumstances will require a wall. The administrative variance provisions of the Ordinance only allow the staff to grant administrative variances for front, rear, and side setbacks. They cannot grant a variance on buffer width. There is a variance procedure that would take it to the Planning Commission, and they would have the authority to grant the variance, but the staff cannot reduce a minimum required forty (40’) feet to twenty (20’) feet. Mr. Olson said if the Board upholds the building permit and allows the developer to go forward, “we request they would reverse the determination on the buffer variance.”
Mr. Olson said the application indicated this was going to be an office, but now the plans involve a six (6) unit retail shopping center; neither is permissible under R-2. He stated if the Board finds they vested their rights, they could only vest them for what they asked for prior to the zoning change; what they asked for was “office.” The applicant did not ask for the retail shops until they filed their building permit in March, 2004.
Mr. Andy Welch, Attorney who represented the property owner, Mrs. Brenda Robertson Short and BK Builders, stated he submitted a memorandum before the Board explaining the legal basis for answers to those issues and stating the Constitutional rights that should be preserved. Based on the Henry County Code and Georgia Case Law, he said they have drawn a conclusion that the issuance of the building permit was indeed proper, and both appeals are untimely. Regarding the appeal of the business license, the real substance of the appeal is not whether or not the building permit was properly issued, in accordance with the building guidelines, but whether the use of the property is proper. The decision of the use was determined and finalized on January 7, 2004 when the development plans and development permit were issued. Mr. Welch said our Ordinance states under Section 3-7-271 that an administrative appeal must be filed within 30-days of the decision; it must be in writing and must be given to the Planning Administrator. He said the decision that is being appealed is the determination of staff as to whether or not this is a C-2 zoning. That decision was first made when a business license was issued back in September, 2002, and then again made when the development plans were approved, so the determination has been made; the appeal was filed on June 10, 2004 (a 4-month delay); therefore, the appeal is outside the time required for a valid appeal.
Secondly, the reduction of the buffer was also made and finalized on the issuance of the development permit, which was January 7, 2004. The appeal made on that issue was filed June 10, 2004; again there was a 4-month lapse. Therefore, Mr. Welch stated the decisions on these matters would be arbitrary or capricious and recommended that not be done, but rather be dismissed.
Regarding the property being zoned R-2, Mr. Welch said it is not zoned R-2 and cannot be zoned R-2 pursuant to an adoption of a zoning map on December 16, 2003. Referencing the Minutes from that meeting, he stated the Minutes do not reflect that a public hearing was held. Under an R zoning ordinance, for a valid rezoning to occur, a public hearing must be held. He said if there was a change to the map, it was invalid, therefore reverting back to the former zoning. The former zoning of the property, as manifested in the Official Zoning Map of 1986 and re-adopted in 1999 by this body, indicates the property is zoned C-2.
Mr. Taylor answered when a new zoning map was adopted on December 16th, it was adopted under the provision 3-7-33. He read as follows: “in the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes in addition, the Board of Commissioners, may by Ordinance, adopt a new Official Zoning Map which shall supercede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or emissions in the prior Official Zoning Map. But no such correction shall have the effect of amending the original Official Zoning Map. This new map shall be identified by the signature of the Chairman and attested to by the County Clerk.” Mr. Taylor said no amendment to that map was made; the R-2 classification or the designation of the property on the map adopted on December 16th is, in his opinion, in error as it is shown as R-2.
Mr. Olson said there was no evidence to show this property had been rezoned and that is why so many of the neighbors are frustrated. Referencing the Henry County building permit routing sheet, the determination to move forward in granting this to C-2 was made on June 4, 2004. He stated a letter of objection had already been sent on May 20th and additional ones on June 10th. He said the point is the final determination was only made on June 4th, and if they are going to contend they had vested rights to C-2, going back to when they applied for their development permit, at that time they said it was C-1. And when the development permit was issued, the zoning listed was C-1. He said it was a puzzle where that came from. In conclusion, after the December, 2003 zoning map was adopted, it clearly showed this property was R-2. He said they want to vest their rights based on this ambiguity of whether or not this is C-2; there is no evidence this has ever been rezoned C-2; the staff stated it was unclear in the zoning memo and did not conclude it was appropriately zoned C-2. Mr. Olson said the County Attorney was in the position to make the ‘call,’ and he did not think he made the right ‘call.’ We ask the Board to uphold the decision that it is residentially zoned, and the permits issued to the developer are void and have to be revoked.
A lady in the audience answered, “the first house was built in 1985.”
Mr. Taylor said they had to rely on that map, and based on the recent examination, it was determined C-2.
Mr. Jaugstetter said it would be
proper for The Sembler Company to submit an affidavit showing they did. He said it would not exclude
Ms. Cheri Matthews, Chief Planner, said the variance went before the Planning Commission on June 10th, and they denied the request.
The vote was taken; the motion carried 4-0-0 with Commissioners Freedman, Harper, Holder and Holman voting in favor.
Request Approval of a Contract for a Drainage Project at 113 Gardeners Grove Drive and the Adjacent Property.
Sealed bids were solicited to complete a drainage project at 113 Gardeners Grove Drive and adjacent property, and two (2) vendors submitted bids for this purchase.
Delmonico Restoration & Dev. $36,000.00
Cline Service Corp. 49,500.00
Funds are available in the Department of Transportation (Repair/Maintenance) budget to complete this project. Delmonico Restoration & Development’s bid in the amount of $36,000.00 meets bid specifications and is recommended by departmental personnel.
The motion carried 4-0-0 with Commissioners Holder, Holman, Freedman and Harper voting in favor.
Resolution to Modify the DOT District IV Priority List by Adding Forest Drive and Caroline Avenue to the District IV Resurfacing List.
The Commissioner for District IV, along with Henry County DOT staff, have inspected all of the streets in the Highlands Subdivision. Upon inspection it was determined that Forest Drive and Caroline Avenue are two streets within this subdivision that are in need of repair. The funding required to patch and resurface these streets is available in the DOT District IV Priority Fund, and the cost to complete this work has been estimated at:
Forest Drive $18,000
Caroline Avenue $18,000
Resolution to Authorize the Use of Impact Fee Revenues to Assist with the Purchase of Land on Fairview Road to be Used for a Library and Voting Precinct.
The Commissioner for District V has identified an available tract of land on Fairview Road that could serve as the site for a Library and a voting facility. The District V Commissioner has already set aside $500,000 from his DOT District Priority List to go towards this purchase. The Board of Commissioners authorizes the use of $150,000 to come from the impact fee revenues to supplement the cost of this land purchase that would allow Austin Road to be realigned with Swan Lake Road, thereby creating a safer intersection at Fairview Road.
Ms. Angus, County Manager, stated there was a problem with this $650,000 number. She said in discussions with the property owner regarding this parcel, this is not the number any longer. As of five weeks ago, when Ms. Angus met with him, the number was $700,000 to the extent they may have made investments.
The motion carried 3-1-0 with
Commissioners Holder, Holman and Harper voting in favor and
Resolution to Enter into an Automatic Aid Agreement with the City of McDonough Concerning Fire and Emergency Responses.
The Henry County Fire Department and the City of McDonough Fire Department recognize the need for mutual and automatic aid response to fire and other emergency requests. A Memorandum of Understanding has been drafted to ensure that all citizens, regardless of jurisdictional boundaries, will receive the most prompt and proficient fire and emergency service response possible. The execution of the document will ensure that both departments will respond to all fires and other emergency requests in a predetermined area, regardless of jurisdiction, as well as provide for joint training and consolidated dispatch and emergency communications procedures.
Chief Barry Jenkins, Henry County Fire Department, said the County responds on a first response basis between the Interstate and the railroad tracks inside the City Limits. Completion of the construction of the City’s new station has finalized, and he said the City should be moving in within the next couple of weeks. The station is located on Industrial Parkway, now known as Avalon, on the west side of the Interstate behind the old NEC building. He said they decided to enhance House Bill 489 regarding duplication of services and to provide more prompt service to the citizens west of the Interstate.
The motion carried 4-0-0 with Commissioners Harper, Holman, Holder and Freedman voting in favor.
Bureau of Police Services Requests Acceptance of Donation of 25 Five-Drawer File Cabinets.
Approval is sought by the Board to allow the acceptance of the donation of 25 five-drawer cabinets by the United States Bankruptcy Court in Atlanta, Georgia. The United States Bankruptcy Court has contacted this agency about the donation of file cabinets. They have 70 five-drawer cabinets they are seeking to donate that are in good shape. We have deemed that this agency could use 25 of these five-drawer cabinets. The cabinets are required to be picked up by July, 2004.
Bureau of Police Services Requests Purchase of a 1986 Truck for Training Division.
The Bureau of Police Services Training Division has a need for an enclosed vehicle to store and secure training equipment. DPS Excess Property has a 1986 International truck, which is an enclosed U-Haul type truck, Air Force blue in color, has a motorized lift on the back and is in good condition with only 55,000 miles on it and is ideal for the needs of the Training Division. Fleet Services has advised that servicing the vehicle would not be an issue. DPS Excess Property advises that there is a fee, not to exceed $500.00, to obtain the vehicle (valued at $12,000.00).
ADMINISTRATION AND FINANCE:
Resolution Pertaining to a Contract for Uniform Rental and Cleaning Services.
Sealed bids were solicited for the purchase of Uniform Rental and Cleaning Services for various departments, and eight (8) vendors submitted bids for these services. Funds are budgeted in the various departments for these services. Aramark Uniform Services’ bid meets bid specifications. It has been recommended to award as a unit/price contract with no fixed quantities, prices shall remain fixed for the contract period, and materials will be ordered as required and approved.
BOARD OF COMMISSIONERS:
Resolution for the Appointment to the Henry County Board of Family and Children Services.
Ms. Betty Jean Fowler, a Henry County resident, has served on the Board of Family and Children Services and has faithfully served this Board and her term expired June 30, 2004. Ms. Fowler has withdrawn her request for reappointment.
AGENDA AMENDMENTS / EMERGENCY AGENDA ITEMS:
1) A request by the Tax Commissioner for
funding for internet enabling of the property tax payments system.
2) A resolution to allocate all pooled
expenses located in the unallocated department in the General Fund. Ms. Angus stated this was to address the
2003-2004 budget, and it is a clean-up exercise so that variances are not
significant and auditors will not have to note that in their auditing
3) A request for approval of a bid proposal
for construction of the Locust Grove Library.
4) A resolution directing the Henry County
Transportation Department to install additional stop signs at the intersection
of Mitchell Road and McCullough Road.
5) A resolution to authorize the addition of
two (2) new large patching crews, two (2) pothole crews and a chip seal crew
within the Transportation Department.
6) Tabled from the July 6th
meeting, Tax Assessor’s Board Appointment.
Whereas, there is a vacancy on the Board or Tax Assessor’s due to the resignation of Mr. Charlie Reddoch and
Whereas, the law requires that the County Commission appoint a successor when a vacancy occurs and;
Whereas, the person appointed will serve a term of 6 years ending June 1, 2009 and;
Now, Therefore, Be It Resolved, the Henry County Board of Commissioners appointments Leah Preston Frickey to the Henry County Board of Tax Assessors.
Mr. Jaugstetter said the Personnel Ordinance prohibits a Henry County employee from serving on an appointed Board. He said if the Board should elect a Sheriff’s Deputy, he felt there was a legitimate defense to it. Mr. Jaugstetter said the Supreme Court has heard that issue and decided a Deputy Sheriff is a Sheriff’s employee, not a County employee; he said their view is there is a distinction between the Sheriff and County government.
7) Approval of Minutes: June 14, 2004 Regular Meeting
June 29, 2004 Called Meeting
July 6, 2004 Regular Meeting
July 14, 2004 Called Meeting
There were no public comments.
July 19, 2004 4:00 p.m. Public Hearing and Adoption of Millage Rate
July 20, 2004 Primary Elections
August 2, 2004 9:00 a.m. Regular Board of Commissioners Meeting
August 3, 2004 9:00 a.m. Regular Board of Commissioners Meeting
August 10, 2004 Primary Election Run-Off
August 16, 2004 9:00 a.m. Regular Board of Commissioners Meeting
August 17, 2004 6:30 p.m. Regular Board of Commissioners Meeting
Leland Maddox, Chairman
Peggy L. Malcolm, Deputy County Clerk