STATE OF GEORGIA

 

 

COUNTY OF HENRY    

 

 

 

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, 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; 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. 

 

 

 

ANNOUNCEMENT:

 

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. 

 

 

 

 

 

 

PUBLIC HEARING: 

 

            A Resolution Abandoning a Portion of a Public Road.

 

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 University of Georgia through the ACCG.  He read as follows: 

 

Mr. Lee Holman recently completed requirements to become a certified County Commissioner in Georgia.  The certification program is sponsored by the Association County Commissioners of Georgia and the Carl Vincent Institute at the University of Georgia.  This program requires officials to complete 48-hours of instructions.  Since its inception in 1987, over 700 officials have become certified through this program.  Commissioner Holman is the second Henry County Commissioner to be certified.  Congratulations to Lee Holman for completing this program.”

 

ADMINISTRATIVE APPEAL:

 

RESOLUTION REQUESTING AN APPEAL OF A ZONING DECISION BY THE HENRY COUNTY MUNICIPAL PLANNING COMMISSION

 

 

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

 

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 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:

 

Short-Term Work Program and Capital Improvements Element Annual Update

Transmittal Resolution.

 

WHEREAS, Henry County, Georgia has prepared an annual update to a Capital Improvements Element and Short-Term Work Program; and

 

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. 

 

 

 

 

 

 

 

MODIFICATION TO A ZONING CONDITION:

 

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 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 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:

 

  1. The rear setback for the residential development shall be twenty-five feet (25’); the front setback shall be twenty feet (20’); and the side setback shall be five feet (5’).

 

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

           abuts 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 Henry County. 

 

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 Henry County since his employment with the County.   

 

Mrs. Faye Loring, the builder for Pinecrest Baptist, referenced the Carlyle (retirement) Subdivision, off Brannan Road, and displayed pictures of the setbacks with ‘0’ lot line or ten (10’) feet. 

 

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 Jonesboro Road exit with a medical office complex to be built next to it.  Commissioner Harper said these homes will be masonry homes, not vinyl siding, hardiplank, or wood.  Some of the house plans are thirty-six (36’) feet wide and some are forty-two (42’) feet wide. 

 

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

 

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 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

County Ordinance, for residential lots in the RA zoning district for the house located          in the rear of the proposed day care center.  A new survey plat shall be filed and approved by the Development Plan Review Department prior to submittal of a plan for the proposed office.

 

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         

     the Court. 

 

 

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

 

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 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:

 

  1. The net density for the development shall not exceed 1.0 dwelling units/per acre.
  2. Minimum house size shall be 2,000 square feet.
  3. All homes shall be three-sided brick, unless it is a “Turn of the Century” style homes, where Hardi-plank will be allowed.  No vinyl will be allowed except on the soffet and facia. 
  4. The homes shall be built on site (no modular or manufactured homes), with two (2)-car side entry garages.
  5. All homes should be constructed of three-sided brick.
  6. Underground utilities and streetlights shall be required.
  7. The developer shall install sidewalks on both sides of the street.
  8. The developer shall dedicate a minimum of six (6) acres for Greenspace, which shall be owned and maintained by the Homeowner’s Association.
  9. All yards shall be sodded to the rear drip line of the houses.
  10. Playground equipment shall be installed and conveyed to the Homeowner’s Association with a minimum of $12,000.00.

 

 

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 Adams voting against.

 

 

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, all County and State requirements for legal advertisement and a public hearing have been met; 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 Upper Woolsey and Wilkins Roads.  The plat indicates the shopping center as OI as an additional development on the property.  Mr. Foster said his clients are willing to accept OI on the two (2) parcels that do not include the proposed service station and convenience store.  He said they are proposing, particularly if they go OI in the two buildings (the northeast portion of the property), a good transition from the property owner to the northeast, who has a four (4) acre tract and a single-family home set well back with all the trees, to the service station and convenience store.   Mr. Foster said his clients also own the property just across that says, “Now formerly SJK Properties,” which they plan to develop as single-family residential in the near future.  He said the property surrounding the subject property is primarily residential-zoned. 

 

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.

 

Ms. Linda Angus, County Manager, stated she had the details on every item and was glad to copy all of it for the Board and discuss each item.  She offered to go over the list and answer any questions. 

 

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.  

 

 

Commissioners’ Pay.

 

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 County Commissioners will go up 6%.  Commissioner Freedman made the motion to approve the following resolution as read:

 

            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

 

            WHEREAS, linking the Commissioners’ salaries to the state-paid salary of a Judge of the Superior Court of Henry County, Georgia would provide a more consistent system for establishing the Commissioners’ salaries.

 

            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 Georgia to the Judges of the Superior Court of Henry County, Georgia. The Vice-Chairman of the Board shall receive an annual salary in an amount equal to thirty-five (35) percent of the annual base salary paid by the State of Georgia to the Judges of the Superior Court of Henry County, Georgia. The other members of the Board shall receive an annual salary equal to thirty (30) percent of the annual base salary paid by the State of Georgia to the Judges of the Superior Court of Henry County, Georgia. Said salaries shall be payable in equal monthly installments out of the general funds of Henry County. The Chairman and each other member of the Board shall also receive an expense allowance for in-county travel of two thousand four hundred dollars ($2,400.00) per annum, payable in equal monthly installments out of the funds of Henry County.

 

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. 

 

 

Resolution for the Appointment to the Henry County Board of Family and Children Services.

 

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.”


Commissioner 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, County Clerk, stated District IV has not had a representative; District II currently has two (2) representatives; therefore, the vacancy created by the resignation should be assigned to District IV. 

 

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.

 

Mr. Patrick Jaugstetter, County Attorney, stated he has informed all the Board members of a constitutional issue with our existing ‘door to door’ Solicitation Ordinance, and has prepared a new Ordinance to correct those issues.  The new Ordinance allows ‘door to door’ solicitation after the sales people are registered and licensed by the Occupational Tax Department.  He said this new Ordinance establishes a $100 registration fee valid for ninety (90) days, and requires each person engaged in ‘door to door’ sales to acquire an identity card with a photograph, company name, and contact information, and limits their hours of operation from 9:00 a.m. to 7:00 p.m. on public property and 9:00 a.m. to 6:00 p.m. in private homes.  It limits the total number of solicitors from any individual business to ten (10) in the County at any one time, and requires each sales person to identify the organization of employment.  Before the sales persons ask for any money, they have to identify who they work for and what the total payment obligation would be for any merchandise they sell.  It prohibits any false representations and prohibits solicitation where there is a sign stating “no soliciting,” and prohibits people from remaining on private property after they have been asked to leave.  Mr. Jaugstetter said the Board can exempt charitable and religious persons from the $100 registration fee and establish their fee at $1.00 in this Ordinance. 

 

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.

 

 

Commissioner Holder said there was a parcel of land zoned in Hampton-Locust Grove Road and Lester Mill Road by Chatham Holdings, and it was zoned commercial.  He said on the back side of that property, they gave the County approximately forty-eight (48) acres of property to use for public use (recreation, nature preserve, school site, etc.).  Commissioner Holder read the resolution and said he would like to turn this property into a nature preserve. 

 

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.

 

 

 

 

 

 

PUBLIC COMMENT(S):

 

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. 

 

Thirdly, Ms. 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 Chambers Road.  Ms. Barker said we have not heard any response from Mr. Lunsford since that time, and she said it is their understanding Mr. Lunsford has sold the property but has not been recorded at the Courthouse.  She asked if the property has been sold and how does it affect the lawsuit against the County.  Ms. Barker said if it has not been sold, where does this issue stand?

 

Mr. Mike Crawford said he was speaking on behalf of the City of McDonough and the City Council.  He referenced a letter sent to Chairman Maddox and said they had not received any response; Chairman Maddox said he had just received the letter today.  Mr. Crawford said the City of McDonough would like to know the County’s appointments to the joint City Cain Park Board relating to the park to be jointly developed on Jonesboro Road.  He said the appointments were needed by August 18th since the meeting has been scheduled with LCI on August 20th.   The City of McDonough would also like to know the position of the County on House Bill 489 agreements.  Also, the City would like to know the position of the County on the Jonesboro Road median landscape project.  Mr. Crawford asked if the County would be willing to participate in the construction of a Challenger baseball field for challenged and disabled youth; he said the City has made a commitment and have received a verbal from a Commissioner.  Mr. Crawford said the City would like some form of reassurance that the County intends to proceed with the new park on Jonesboro Road.  He said they had received rumors the County was planning to back out of this transaction. 

 

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. 

 

Mr. Bill Banks said he lives at 605 Frog Road and asked the Board to consider the petition to have Frog Road paved and added to the SPLOST List.  Commissioner Holder said he had circulated the petition to the Board at the Monday’s BOC Meeting and has been turned over to the proper hands.  Commissioner Holder said the Board had received a petition back in 1998 to not pave Frog Road; therefore, the road was removed from the list during the first SPLOST.  Commissioner Holder said he would do the best that he could do to get the road back on the list.

 

A gentleman in the audience said he represented the opposition to the paving of Frog Road.  He said his house fronts the road closer than most of the others, and said he was concerned the trees would be stripped away, and he would be looking at a bare road.  He said he would like to be involved in any discussions in the future before the road was paved.  The gentleman added when the sewer line was positioned down that road, they took out some of the trees.  Also they cleaned out some of the drain lines, which created water buildup around his house when there is a heavy rain. 

 

Commissioner Holder said the Board is looking at some alternative paving methods in the County, and Frog Road may be a candidate.  He said it means not going outside the existing right-of-way or easement that is currently on that road, and it is less expensive and intrusive on the property owner. 

 

Mr. Bob 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 Henry County for the last four (4) years, and before that was DARE (Drug Awareness Resistance Education).  He said the police officers have presented some wonderful programs for the 5th graders in the Henry County Schools.  Mr. Strong said they were notified last week this program has been dropped, because of budget limitations and personnel limitations.  He said he wished something could have been looked at before the final resolution was to ‘kill’ the program.  He stated the kids would be very disappointed that the program would not be conducted this year.  Mr. Strong said the pier pressure they will encounter next year in 6th grade is tremendous; “take a drag off of this, pop this in your mouth, take a swig of this.”  He said this program gives them the tools to try and fight that temptation, because some kids are weaker than others.  Mr. Strong said, “the losers are the kids; our future is sitting in those classrooms everyday, and they will be in your positions in 20 to 30 years.” 

 

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. 

 

 

COMMISSIONER(S) COMMENTS:

 

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.

 

 

UPCOMING MEETINGS:

 

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 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 4-1-0 with Commissioners Adams, Holder, Harper, and Holman voting in favor and Commissioner Freedman voting against.

 

 

 

                                           (An Executive Session Was Held)                                                                

 

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