The Henry County
Board of Commissioners held a Regular Public Meeting at 6:30 p.m. on Tuesday,
August 17, 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
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; Tommy Smith, Interim Purchasing 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 as presented in the final amended form date 8/16/04 at 11:19 a.m. Commissioner Harper seconded; the motion carried 5-0-0 with Commissioners Holman, Harper, Freedman, Holder and Adams voting in favor.
The following rezoning has been postponed to the September 21, 2004 Regular Board of Commissioners Meeting: Johnny Cool – RZ-04-25 – Rezoning request for the property located at 70 & 80 Price Quarters Road, in Land Lot 6 of the 7th District.
Resolution Abandoning a Portion of a
WHEREAS, Tanger Partners, LLC has filed with the Board of Commissioners of Henry County, a Petition for Partial Abandonment of a portion of a public road known as Forrest Drive located in Land Lots 134, 135, and 154 of the 2nd District of Henry County, Georgia; and
WHEREAS, that portion of said road sought to be abandoned is shown on a plat which is attached to the said Petition, marked Exhibits “A & B”, and
WHEREAS, after due considerations, it appears that the property sought to be abandoned is no longer needed for public road purposes because of changed conditions and because it has ceased to be used by the public to the extent that no substantial public purpose is served by it, and it further appears to be in the best interest of all concerned as well as in the best interest of the public and Henry County, Georgia, to abandon that portion of Forrest Drive ought to be abandoned by the aforesaid Petitioners;
NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County, Georgia, at its public meeting duly assembled, that a portion of Forrest Drive shown marked on a plat which is attached hereto marked Exhibits “A & B”, and by reference made a part hereof, and a copy of which is on file in the office of this Board, be, and same is hereby abandoned.
Commissioner Holder said one property owner owns both sides of the road, and the road actually dead-ends into the owner’s property. Commissioner Holder made the motion to approve the abandonment and the resolution as read; Commissioner Holman seconded. The motion carried 5-0-0 with Commissioners Holder, Holman, Freedman, Harper, and Adams voting in favor.
Chairman Maddox made the announcement that one of
the Commissioners has just finished the Carl Vincent Institute of the
Holman recently completed requirements to become a certified
RESOLUTION REQUESTING AN APPEAL OF A ZONING
DECISION BY THE HENRY
WHEREAS, Moyes Pharmacy/Loren Pierce (VR-04-11) has applied for a variance to reduce the required buffer from forty-feet (40’) to ten feet (10’) along a portion of the northern property line for property located at 2318 State Route 155, to the north of Crumbley Road, in Land Lot 7 (Tax ID 103-02-033-002) of the 7th District; and
WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and
Planning & Zoning Staff for
WHEREAS, the Henry County Municipal Planning Commission reviewed and denied the request on July 8, 2004; and
NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners reviewed the submitted request and render a determination on the aforementioned variance request.
Mr. Andy Welch, representing Moyes Pharmacy/Loren Pierce, displayed a plat of the subject area and stated the request is for a variance, regarding the forty (40’) foot buffer requirement, from forty (40’) feet down to ten (10’) feet. He said this a commercial subdivision developed by Dr. Waggoner. The request is a reduction in the buffer requirement so the applicant (Moyes Pharmacy) can place a drive-thru next to the building. It also would allow for the detention pond to be taken outside of the buffer area. The County’s Buffer Ordinance has certain buffer requirements between the land being developed and incompatible land adjacent to it. He said they are trying to protect the land adjacent by seeing if the uses are incompatible, and if there would be an adverse effect to the adjoining property. In this case, the property is zoned residential, but the use is vacant land, and the landowner, Mr. Laabs, has signed a letter stating he did not have any objections to the reduction of the buffer to ten (10’) feet. Mr. Laabs asked should a portion of his property adjoining Moyes Pharmacy be rezoned for commercial use, the Planning Commission should consider interconnectivity between those parcels.
Commissioner Adams asked if Dr. Waggoner had any objections to this.
Mr. Welch said he had not consulted with him since his property is already zoned commercial. Dr. Waggoner came before the Board of Commissioners for modification conditions of his rezoning to ask for a reduction of buffers as well. In that case, the Board of Commissioners decided not to modify his conditions, because his property abutted residential. Also, Dr. Waggoner did not consult with the affected property owner who adjoined his property for their consideration.
Mr. Welch stated the purpose of the Buffer Ordinance is to buffer incompatible uses. In this case, there is no use of the property that adjoins it; it is zoned residential, but it is not used for that purpose and is presently up ‘for sale.’
Commissioner Adams asked what would happen to the ten (10’) foot buffer if this request is granted.
Mr. Welch stated it would be heavily landscaped, would be maintained, and a privacy fence would be installed.
Chairman Maddox said the motion will have to be stated very clearly regarding reducing the buffer from forty (40’) feet to ten (10’) feet and the reason for that reduction.
Chairman Maddox asked if there was any opposition to this request. There was no response.
Commissioner Holman said he had not read the Code but was not sure if buffers are for incompatible uses; he sees buffers acting as an aesthetic reason.
Commissioner Freedman said it is very seldom a full distinctive buffer is required between compatible uses. He said it does not make sense to say a big buffer is needed between commercial enterprises; that is not the purpose of the Buffer Ordinance. It is to separate uses not compatible. Another purpose for buffers is to ensure buildings are not too close to each other based on the Fire Code issue. Commissioner Freedman referenced the plat and stated the applicant is not developing a building at this site; he is only asking to increase the drive-thru driveway. The safety issue, in his opinion, does not apply here. Commissioner Freedman asked for the motion to indicate where the buffer will be ten (10’) feet, not to generally say the entire buffer can be ten (10’) feet, but to adhere to the required buffer except purely in accordance with the plat so that it is the only place where the variance is granted. He said there is no sense going in and cutting a wide swat where it is not required.
Mr. Welch agreed; he said it should be tailored to the use of the property.
Commissioner Holman asked if Mr. Welch could substitute the wooden fence with another product. Mr. Welch said they could insert ‘stone’ or ‘masonry fillers’ going in between them. He said the reason he would like to keep it wooden is because the property adjacent (Mr. Laabs property) will eventually be used for commercial purposes and would like to have interconnectivity between the lots. Commissioner Holman said wood is pretty when it is new, but when it begins to age, it will need maintenance. He asked Mr. Welch to consider a maintenance-free product, and Mr. Welch asked his thoughts on a vinyl fence. Commissioner Holman said that would work for him.
Commissioner Harper stated he was ready to make a motion by inserting a 5th ‘Whereas’ into the resolution:
WHEREAS, the future land use of the neighboring property is commercial as will likely be reflected in the Future Land Use Plan.
Commissioner Harper changed the “Now, Therefore, Be It Resolved” to read as follows:
NOW, THEREFORE, BE IT RESOLVED by the Henry County Board of Commissioners that a variance is hereby granted for a reduction in the buffer along the northern property boundary of the subject property as follows:
1. 1. A planted and maintained buffer along the northern property boundary line of said property shall be a minimum of twenty (20’) feet. The required planted buffer may be decreased to a width of ten (10’) feet beginning at a point on northern property boundary line eighty (80’) feet from the intersection of said property boundary line with the right-of-way of Georgia Highway 155 and extending one-hundred, fifteen (115’) feet to the east of said point along said property boundary line. At the end of the one-hundred, fifteen (115’) feet area, said buffer shall be a width of twenty (20’) feet along the remainder of said property boundary line.
2. 2. A six-foot high wooden privacy fence, with stone or brick pillars within the fence, shall be required along said property boundary. Said fence shall extend from the right-of-way of Georgia Highway 155 along the northern boundary no further than 159.97 feet.
3. 3. There shall be a heavily landscaping approved by the Planning staff within this buffer.
Commissioner Adams seconded the motion.
Commissioner Holman questioned Commissioner Harper allowing the six-foot wooden privacy fence to remain in the motion. Commissioner Harper stated the applicant offered stone or brick pillars. Commissioner Holman said the applicant offered a maintenance-free alternative.
Commissioner Harper amended his motion to state, “a six-foot high maintenance-free fence with stone or brick pillars.” Commissioner Adams amended his second. The motion carried 5-0-0 with Commissioners Harper, Adams, Holman, Holder, and Freedman voting in favor.
ECONOMIC DEVELOPMENT DIVISION:
WHEREAS, the annual update of the Capital Improvements Element and Short-Term Work Program was prepared in accordance with the Development Impact Fee Compliance Requirements and the Minimum Planning Standards and Procedures for Local Comprehensive Planning established by the Georgia Planning Act of 1989, and a Public Hearing was held on August 17, 2004, at 6:30 p.m. in the Henry County Administration Building, Community Meeting Room;
BE IT THEREFORE RESOLVED, that the Henry County Board of Commissioners does hereby submit the annual update of the Capital Improvements Element and Short-Term Work Program covering the five-year period 2004-2008 to the Atlanta Regional Commission for Regional review, as required by the Georgia Planning Act of 1989.
Commissioner Harper made the motion to approve the resolution; Commissioner Adams seconded.
Mr. Julius Ross, Chief Planner, stated this is an annual report prepared for the ARC who in turn will distribute it to the Department of Community Affairs. It includes projects the County has undertaken or intends to undertake to accomplish the goals of the Comprehensive Plan. The process involves meetings with all of the responsible parties listed in the report and getting from them the cost estimates for the projects, the years they expect the projects to be completed, and the funding sources. The report includes the Short-Term Work Program, which is listed mainly by the Comprehensive Plan elements, and the report with accomplishments of the projects taken off the list that were completed during the year. The capital improvement elements indicate all of the funds received from impact fees and the funds expended in using impact fees. Mr. Ross said, “once the DCA and the ARC review this, they will either submit comments or state we are in compliance. At that point, we will bring to the Board another resolution to adopt the Short-Term Work Program.”
The motion carried 5-0-0 with Commissioners Harper, Holman, Adams, Freedman, and Holder voting in favor.
Pinecrest Baptist/BEC – MC-04-05.
WHEREAS, Pinecrest Baptist/BEC Properties (MC-04-05) has applied for a modification to a zoning condition for property located on Foster Drive and Interstate 75, Land Lots 82 and 111 of the 6th 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
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 July 8, 2004; and
NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the aforementioned request for a modification to a zoning condition with the following conditions:
2. The maximum height for the church shall be seventy feet (70’).
3. The side road shown on the eastern property line shall be located five feet (5’) off of the
property line, with a sixty-foot easement. There shall be a forty-foot (40’) buffer along
areas adjacent to commercial zoned properties. There shall be no buffer where residential
4. A land disturbance permit can immediately be issued.
Chairman Maddox asked if there was any opposition to this request; there was no response.
Commissioner Holder asked if these reductions change the net density; Mr. Roy Mack, Pastor of Pinecrest Baptist Church, answered, “no.”
Commissioner Holder asked for the purpose of going from forty (40’) feet to twenty (20’) feet in setbacks. Pastor Mack said, “the houses we were trying to build in the subdivision were to be of a certain quality, and what we had was a very narrow house in a fairly narrow space. But what we are trying to do is to get a nicer house plan to go in that area, and that was the purpose for the change from forty (40’) feet to twenty (20’) feet.”
Commissioner Holder asked in regards to the amount of setback, “have we granted a reduction to this point for other zonings.”
Mr. Danny Taylor, Economic Development Division
Director, said not since he has been with
Commissioner Freedman asked what was the original distance between houses when the residential area was first platted.
Pastor Mack said he did not remember, but it was very narrow.
Commissioner Freedman responded he could not recall
ever putting ten (10’) feet between houses, based on it could be a fire
hazard. Mr. Taylor said it is not
unheard of, but has not been done in
Mrs. Faye Loring, the builder for Pinecrest Baptist,
referenced the Carlyle (retirement) Subdivision, off
Commissioner Harper made the motion to approve the resolution with the four (4) conditions as read; Commissioner Adams seconded.
Commissioner Harper stated the Carlyle Subdivision
was constructed in the late 90’s. He
said the applicant’s proposal is a retirement community next to a church
located on I-75 at the
The vote was taken on the motion; the motion carried 3-2-0 with Commissioners Harper, Adams, and Freedman voting in favor, and Commissioners Holder and Holman voting against.
Resolution Approving a Rezoning Request for Trivette Properties – (RZ-04-04).
WHEREAS, Trivette Properties (RZ-04-04) has applied for a rezoning from RA (Residential Agricultural) to OI (Office/Institutional) to develop a professional office building and a day care center for property located on the north side of State Route 20, east of Dorsey Road both lying and being in Land Lot 236 of the 6th District, consisting of 9.28+/- acres, Parcel ID #’s (036-01028000) (039-01029000) and;
WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and
the Planning & Zoning Staff for
WHEREAS, the Henry County Municipal Planning Commission reviewed and recommended approval of the request for OI (Office/Institutional) on July 8, 2004; and
NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approves the rezoning request with the following conditions:
1. All buildings shall be constructed of brick, stone, stucco or any combination thereof
and the Department of Development Review shall have architectural approval of the project.
2. Provide road frontage, as required by Section 3-7-143(f)(2) and 3-7-53(1) of the
3. Submit a landscape plan with the application for a development or building permit.
4. The applicant must apply and seek approval of a variance to reduce the required front
yard setback for the professional office.
5. 5. Dumpster(s) shall be gated and enclosed with a three-sided masonry wall being consistent with the facade of the building.
6. 6. All signage, not attached to a building, shall be monument-based and shall have consistent character and design details that reflect the architectural design of the project.
7. A survey plat showing the two parcels combined shall be recorded with the Clerk of
Mr. Marcus Trivette, President of Trivette Properties, stated this is an older home that was greatly impacted due to the construction of the new 4-lane road between I-75 and Highway 19/41. He said due to the impact, he is seeking a variance due to the widening of the road that has destroyed the residence. Therefore, Mr. Trivette would like to convert the residence into a small real estate office, and on the balance of the land, build a Day Care Center in the near future.
Chairman Maddox if there was any opposition to this request; there was no response.
Commissioner Freedman made the motion to approve the rezoning from RA to OI with the conditions as listed. Mr. Trivette stated he owns a total of nineteen (19) acres; what he is applying for to be rezoned OI is a parcel that has 1,100 feet of frontage on Ga. 20. He asked the remaining ten (10) acres in the rear have ingress/egress. Commissioner Freedman stated there is no buffer requirement mentioned, and if part is remaining residential, a buffer requirement is needed. Mr. Trivette said when he worked with Planning and Zoning, the site plan submitted had the requirements based on Planning and Zoning and all existing buffers, and due to the size of the tract of land, will be adhered to. Commissioner Freedman added a Condition #8 stating, “buffers shall be installed for approval of the Development Plan Review Department.” Commissioner Holman seconded.
Ms. Cheri Matthews, Chief Planner, stated Condition #4 could be scratched due to property being acquired for right-of-way by the Georgia Department of Transportation. Commissioner Freedman amended his motion to remove Condition #4; Commissioner Holman amended his second. The motion carried 5-0-0 with Commissioners Freedman, Holman, Harper, Holder, and Adams voting in favor.
Resolution Approving a Rezoning Request for Jeffery F. Carreker - (RZ-04-23).
WHEREAS, Jeffery F. Carreker (RZ-04-23) has applied for a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) to develop a single-family residential subdivision, for property located on the northern side of River Road, in Land Lots 76 and 77 of the 8th District, consisting of 73.29+/- acres, (Parcel Number 165-01-012-000); and
the Planning & Zoning Staff for
WHEREAS, the Henry County Municipal Planning Commission reviewed and recommended denial of the R-2 (Single-Family Residence) request on July 22, 2004; and
NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the rezoning request with the following conditions:
Chairman Maddox removed Condition #5, leaving nine (9) conditions. He asked if there was any opposition to this request; there was no response.
Mr. Carreker stated the request is for R-2 on septic (not sewer) with 30,000 square foot minimum lots.
Commissioner Holder added this property abuts Henry County Water & Sewerage Authority property and there will be no development to the north or south.
Commissioner Freedman asked, since Mr. Carreker is doing one dwelling unit per acre, why is this being zoned R-1 rather than R-2?
Commissioner Holder said he could answer the question; he said he encouraged Mr. Carreker to call it like it is, and that is exactly what it is.
Commissioner Holder made the motion to approve the resolution with the nine (9) conditions previously read, deleting condition #5; Commissioner Holman seconded.
Commissioner Adams asked what kind of mix between the ‘turn of the century’ and three sides brick did Mr. Carreker have planned.
Mr. Carreker said it was his intent, if the market will allow, in Phase I where there are sixteen (16) lots, to build all sixteen (16) of the homes like the photographs submitted to the Board. He said if the market could bear it, they would like to do all of them that way, and the asking price would be $310,000. He said Phase I consists of sixteen (16) lots, but this rezoning request consists of sixty-eight (68) lots.
Commissioner Holder stated these conditions for this development are minimum standards; he said 2,000 square feet is minimum, and the pictures presented to the Board are of homes 3,000 to 3,500 square feet. Also minimum is a 3-sided brick home; if homeowners desire an all brick home, Mr. Carreker can accommodate them; the point being, a 3-sided brick home is minimum.
Commissioner Harper ‘called the question;’ Commissioner Holman seconded. The motion carried 5-0-0 with Commissioners Harper, Holman, Adams, Holder, and Freedman voting in favor.
Chairman Maddox asked for the vote on the
resolution; the motion carried 3-2-0 with Commissioners Harper, Holder, and
Holman voting in favor, and Commissioners Freedman and
Resolution Denying a Rezoning Request of First Southern Development – (RZ-04-22).
WHEREAS, First Southern Development (RZ-04-22) has applied for a rezoning from RA (Residential Agricultural) to C-2 (General Commercial) to permit the development of a commercial subdivision, for property consisting of 4.0 +/- acres and located at 1911 Upper Woolsey Road, Land Lot 225 of the 6th District (Parcel I.D.# 003-01-026-000); and
WHEREAS, the Henry County Municipal Planning Commission reviewed and recommended denial of the request on July 22, 2004; and
NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners denies the rezoning request.
Mr. Don Foster, representing First Southern
Development, submitted a copy of the plat and said the applicant is asking to
rezone the four (4) acres from RA to C-2.
He said their plan is to put a convenience store and service station in
the corner or intersection of
Commissioner Freedman stated, “no one has contacted me on this and I am the Commissioner for that area. I have had no opportunity to discuss with you the conditions, and I am totally surprised you changed it to OI. I would like to table this until you and your client can meet with me and go over the changes, what you want to do, and conditional use.”
Mr. Foster said an attempt was made to contact Commissioner Freedman to no avail. He said he did not have any problems tabling this, because his client wants to do a quality development.
Commissioner Freedman made a motion to table this rezoning issue for thirty (30) days; Commissioner Adams seconded. The motion carried 5-0-0 with Commissioners Freedman, Adams, Holder, Holman and Harper voting in favor.
Readdressing Item X-B – Jeffery F. Carreker – (RZ-04-23):
Chairman Maddox announced Mr. Steve Bradshaw would like to speak in opposition to the rezoning request for Jeffery F. Carreker. Mr. Bradshaw said he lives on the adjacent property (Pheasant Run) where homes were built on a pond. He said the pond is subsequently filling up with silt, and if something is not planned out well with this new development, the Pheasant Run residents’ pond will be the retention pond for this new project and devaluing their homes. He said the County has been informed of what is happening. He said the residents received a letter from the County stating they (the County) would clean it up, but the clean up never happened. He said the residents are not concerned with Mr. Carreker’s development, but are concerned with the soil erosion affecting their retention pond. He said the development feeds into that draw coming into their area.
Commissioner Holder stated he thought this had already been handled, because the developer had that responsibility of the clean up and advised Mr. Bradshaw to contact Mr. Ronnie Jones. Commissioner Holder said last winter the homeowners were requesting something be done then. At that time, Mr. Jones was advised of the problem and said he would take care of it this past spring. Commissioner Holder sympathized with Mr. Bradshaw and said he could understand Mr. Bradshaw’s discontent. He asked Mr. Bradshaw to contact Mr. Jones and then get back with him with the results.
Mr. Bradshaw said there was a lot (#34) left in Pheasant Run that is the actual spring-head, and Mr. Doug Gilbert, Building Department Director, informed him that he (Mr. Gilbert) could build a house on top of that spring-head if he wanted to, no questions asked, and the residents did not have any say. Mr. Bradshaw said the residents were upset about that also.
Commissioner Holder asked Mr. Danny Taylor to take care of this problem.
AGENDA AMENDMENTS / EMERGENCY AGENDA ITEMS:
$7 Million Unallocated Budget.
Commissioner Harper said since the Board had just received the list, he asked if they could review it first before the discussion began. Ms. Angus agreed.
Commissioner Holder suggested this issue could be discussed at the upcoming Called Meeting when the Board will discuss House Bill 489.
Commissioner Harper made the motion to table the $7 million unallocated budget until the Called Meeting on August 24th at 9:00 a.m.; Commissioner Holman seconded. The motion carried 5-0-0 with Commissioners Harper, Holman, Freedman, Holder, and Adams voting in favor.
A Resolution of the Board of Commissioners Requesting Henry County’s Local Legislative Delegation to Propose Legislation Changing the Compensation of the Board of Commissioners of Henry County, Georgia.
Commissioner Freedman said after the new
compensation plan was approved, the Board of Commissioners is under a new pay
scale, among the highest in the Metro Area, and was not of their choosing. He said he thought the plan should be
reexamined and revised. He stated he had
discussed this issue with some attorneys and elected officials, and he is
asking the Board to adopt the following resolution requesting our State local
legislative delegation to realign our County Board of Commissioners
compensation rather than being based on the Sheriff’s salary, to be based on
the salary paid to our Superior Court Judges, excluding their supplements. Based on the new proposal, the Chairman’s
compensation will go up 8%, the Vice-Chairman’s will go up 7% from the last pay
plan, and the
WHEREAS, on December 4, 2003 the Board of Commissioners adopted a comprehensive pay plan affecting the salaries paid to County employees and elected officials; and
WHEREAS, as a result of the pay plan, the salaries of the Board of Commissioners increased by a large percentage; and
WHEREAS, this increase was an unintended result of the pay plan; and
WHEREAS, the Commissioners’ salaries were established by a Local Act of the Georgia Legislature in 1990; and
WHEREAS, this Local Act links the salaries of the Commissioners to the total salary of the Sheriff of Henry County, Georgia; and
WHEREAS, the Board of Commissioners finds that linking the Commissioners’ salaries to the salary of the Sheriff could result in unintended fluctuations in the salaries paid to Commissioners; and
WHEREAS, the Board of Commissioners of Henry County, Georgia, desires to establish a fair, consistent and equitable salary schedule for the members of the Board of Commissioners; and
linking the Commissioners’ salaries to the state-paid salary of a Judge of the
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County, Georgia, that the local legislative delegation of Henry County, Georgia is called upon and requested to present local legislation that would change the salaries to be paid to the members of the Board of Commissioners of Henry County, Georgia as follows:
The Chairman of the Board shall receive an annual
salary in an amount equal to forty (40) percent of the annual base salary paid
by the State of
Commissioner Holder seconded the motion. The motion failed with a vote of 2-3-0 with Commissioners Freedman and Holder voting in favor and Commissioners Adams, Harper, and Holman voting against.
for the Appointment to the Henry
Commissioner Holder said, “I apologize for not
having it ready; I did not have a commitment for tonight’s meeting, and I hope
to have that in two (2) weeks.”
Harper referenced the September 7th Agenda, and said the Board has a
third resignation from the DFACS Board, Ms. Debbie Hinton. He asked if she represented an ‘at Large’
seat or does she represent a District.
Ms. Susan Craig,
Chairman Maddox asked for the items above to be placed on the September 7th Agenda.
An Ordinance for the Purpose of Amending Article III, Chapter 3-3 of the Code of Henry County, Georgia Regulating Solicitation; and for Other Purposes.
Commissioner Freedman asked if during the political season, where politicians are knocking on doors, is that considered a solicitation.
Mr. Jaugstetter answered, “no, because you are not selling anything; you are just asking for votes.”
Commissioner Freedman asked Mr. Jaugstetter to include that in the Ordinance.
Commissioner Adams made the motion to adopt the resolution as amended; Commissioner Holman seconded. The motion carried 5-0-0 with Commissioners Adams, Holman, Holder, Harper, and Freedman voting in favor.
A Resolution of the Henry County Board of Commissioners Proclaiming Certain County Property to be a Nature Preserve.
WHEREAS, on December 29, 1999, Henry County accepted a donation of 48.43 acres of land lying and being in Land Lot 203 of the 2nd District of Henry County, Georgia, and being more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (hereinafter referred to as the “Property”); and
WHEREAS, Henry County desires to declare such Property a nature preserve and to dedicate such property for the use, enjoyment and benefit of the citizens of Henry County and the general public; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Commissioners of Henry County that the Property is declared a “nature preserve” and shall remain available for the use, enjoyment and benefit of the citizens of Henry County and the general public until further Resolution of the Board of Commissioners of Henry County, Georgia.
Holder said there was a parcel of land zoned in
Commissioner Holder made the motion to approve the resolution; Commissioner Holman seconded. The motion carried 5-0-0 with Commissioners Holder, Holman, Freedman, Harper, and Adams voting in favor.
Ms. Judy Barker, who lives in Chambers Crossing Subdivision, said she wanted to address the amended Agendas for the Board of Commissioners’ meetings. She said this is done regularly by the Board, and is suppose to be done only for “emergency items” that cannot wait until the next Board meeting. She said, as an example, at yesterday’s BOC meeting, there were seven (7) added amendments to the Agenda, and six (6) items added to the Agenda by the Public Works Division. Ms. Barker said this does not allow people to know what the Board is discussing. She asked the Board to try and improve so citizens can plan to attend and know what is actually on the Agenda.
Secondly, Ms. Barker referenced the ‘Commissioners’ Pay’ item on the Agenda, and stated she had hoped the Board would accept the resolution as a way to rectify this situation, especially in light of the financial condition of the County. She said she was disappointed the topic was not discussed, and the Board voted it down.
Barker said her neighborhood was present at a Board of Commissioners’ meeting
on December 16, 2003, and at that time, the Board heard a request from Joseph
and John Lunsford to rezone a 97 +/- acre tract from RA to Planned
Development. She said the Board listened
to the citizens of the area and responded.
Their request was denied after offering a compromise that was not
taken. Subsequently, in January John
Lunsford filed a lawsuit against the County, and since that time, Mr. Lunsford
has sent proposals that have been unsatisfactory. On June 9th, Mr. Lunsford’s
attorney met with Commissioner Gary Freedman and a group of residents from the
neighborhood to review the proposal, and we gave suggestions and comments but
were not happy with the proposal being made.
She said we expressed our desire to remain RA/R-1, but because of the
sewer access, we were willing to concede to R-2 with 18,000 square foot lots
with the same conditions that were required of Stan Cameron for his rezoning on
Crawford said he was speaking on behalf of the City of
Commissioner Holman offered to give Mr. Crawford a copy of the County’s response, but Mr. Crawford asked for them to be read aloud. Commissioner Holman stated in “Public Comment,” an individual can address the Board on an issue, but if a response is required, he would need to request being placed on one of the Agendas for discussion.
Chairman Maddox explained a response to the letter had been sent to the City and should arrive tomorrow.
A gentleman in
the audience said he represented the opposition to the paving of
Holder said the Board is looking at some alternative paving methods in the
Strong said he lives in Kellytown and is in his ninth (9th) year
as a professional educator. He said he
was speaking for himself; he was not speaking for the superintendent nor the School
Board. The issue he wanted to address
was in reference to STOP (Students Thinking Out Problems). He said this program has been in
Ms. Angus stated she was not sure where the information came from, but she would find out. She said the program has not been cancelled. Mr. Strong said he received the information by e-mail from his Principal.
Mr. Rob Magnaghi, Public Safety Division Director, stated he would never recommend that program being abolished. Chairman Maddox asked Mr. Strong to give his telephone number to Mr. Magnaghi so that after he investigates this, he could inform Mr. Strong of the results. Mr. Mike Crawford spoke from the audience and said he was a 5th grade teacher as well, and his school’s STOP officer has been reassigned also.
There were no comments made by the Commissioners.
APPROVAL OF MINUTES:
Commissioner Holman made the motion to adopt the July 19, 2004 Called Meeting Minutes; Commissioner Harper seconded. The motion carried 4-0-1 with Commissioners Holman, Harper, Adams, and Holder voting in favor and Commissioner Freedman abstaining based on his absence from the meeting.
Commissioner Harper made the motion to adopt the August 2, 2004 Regular BOC Meeting Minutes; Commissioner Holman seconded. The motion carried 5-0-0 with Commissioners Harper, Holman, Freedman, Adams, and Holder voting in favor.
Commissioner Holman made the motion to adopt the August 10, 2004 Called Meeting Minutes; Commissioner Harper seconded. The motion carried 4-0-1 with Commissioners Holman, Harper, Holder, and Adams voting in favor and Commissioner Freedman abstaining based on his absence from the meeting.
1. 8/24/04 (Tuesday) 9:00 a.m. Called BOC Meeting
2. 9/06/04 (Monday) LABOR DAY – NO MEETING
3. 9/07/04 ((Tuesday) 9:00 a.m. Regular BOC Meeting
4. 9/20/04 (Monday) 9:00 a.m. Regular BOC Meeting
5. 9/21/04 (Tuesday) 6:30 p.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
Commissioner Harper made the motion to reconvene into Public Session; Commissioner Holman seconded. The motion carried 5-0-0 with Commissioners Holman, Harper, Freedman, Holder, and Adams voting in favor.
Commissioner Holman made the motion to authorize the Chairman to sign the affidavit for Executive Session; 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 adjourn at 10:16 p.m.; Commissioner Freedman seconded. The motion carried 5-0-0 with Commissioners Holman, Freedman, Harper, Holder, and Adams voting in favor.
Leland Maddox, Chairman
Peggy L. Malcolm, Deputy County Clerk