STATE OF GEORGIA

 

COUNTY OF HENRY

 

            The Henry County Board of Commissioners held a Public Meeting at 9:00 a.m., on Tuesday, January 6, 2004, in the Community Room, County Administration Building, 140 Henry Parkway, McDonough, Georgia.  Notice of this meeting was posted on the bulletin board of the County Administration Building.  The Daily Herald was notified of this meeting.  Those present were:

            Leland Maddox, Chairman, presiding

            Jason T. Harper, District III Commissioner

            Warren E. Holder, District I Commissioner

            Gary M. Freedman, District II Commissioner

            Gerry Adams, District IV Commissioner

            Lee Holman, District V Commissioner (elected Vice-Chairman during meeting)

            Linda G. Angus, County Manager; Susan B. Craig, County Clerk; Shay Mathis, Deputy County Clerk; Jill Goodman, Deputy County Attorney; Rob Magnaghi, Deputy County Manager/Public Safety Director; Danny Taylor, Economic Development Director; and others.

Chairman Maddox stated in the Acceptance of the Agenda the date on the Agenda should be corrected to read, “January 6, 2004” instead of “January 6, 2003.”  Commissioner Holman said regarding Item X, he would like for this to be discussed in Executive Session, and he asked to amend the Agenda to reflect the corrected date change. 

Commissioner Harper said Item VIII (Appeal of a decision of denial of the final plat for Phase III, Unit II of the Joyner Estates by the Development Plan Review Department) has been postponed.

Chairman Maddox said Item X (Lease of Property located at Lake Dow Road and Highway 81) was a public hearing, and the Deputy County Attorney, Jill Goodman, advised this should go forth in Open Session. 

Commissioner Holman said since Item VIII has been postponed, the Board should amend the Agenda to reflect this and amend Item X to be heard in Public Session after the Executive Session discussion.  Commissioner Holman stated this was his motion and Commissioner Harper seconded.  The motion carried 6-0-0.

In Public Comments, Mr. Dick Morris of McDonough, Georgia, said he had questions about the budget which was recently passed.  Mr. Morris said his district did not have a representative to vote on it and, due to the nature of this budget, asked why.   He wanted to know who recommended the Sheriff receive a 27% salary increase. He stated the five counties Ms. Angus used in her study were counties which had a larger population than Henry County.  Mr. Morris said the Sheriff’s raise will give him about $120,000 plus, and Sheriff Barrett in Fulton County makes $135,000, but represents a population of 800,000.  He said Henry County has a population of approximately 135,000 or 136,000, and he could not understand the concept. 

Mr. Morris had another issue of concern regarding the Bill established by the Board in 1990 that attaches the Board’s pay to the Sheriff’s pay.  He said, based on what he read, the Board will receive 40% of the Sheriff’s salary, and he thought it did not seem sensible nor fair.  He said it does not seem like a good system for the Board to be able to raise its own pay, which is impossible for him to understand.  He said as elected officials, the Board should stand up for themselves and just say, “we want a pay raise.”  The pay, with this new raise, is more than the Commissioners in Fulton County; the Chairman in Fulton makes around $37,000 where the Henry County Chairman makes $58,000.  He said going by this theory, in five years are we going to pay the Chairman $500,000. 

Mr. Morris stated he will put his name on the list to come back before the Board when there is more time, and maybe answers can be found. 

Chairman Maddox made an announcement for Ms. Margaret Hall (a 20-year veteran of the Navy Reserve) with the Georgia ESGR Committee, Employee Support for the Guard and Reserve, to make the Presentation of an Award.   She said the Committee has a three-fold purpose.  First, to educate reservists as to their legal rights when activated; second, members of the Committee go into civic groups and let the employers know what their responsibilities are to the reservists and to their Country; and  third, to get involved in conflicts between reservists and their employers, when they return from duty and possibly have lost their jobs or feel they are not being treated fairly. 

Ms. Hall said the biggest problem areas are municipal groups, such as the Police Department or the Fire Department.  But, Ms. Hall said, this is not true with Henry County because this County has been extremely supportive of its employees who are reservists.  She said it was a great honor for her to present an award to Chief Barry Jenkins, who was nominated by Mr. Richard Carris.  Ms. Hall said, “if your employer or County do not support you, it can be very difficult.”  She said she was honored to make this presentation and began reading the award:

“The National Committee for Employers Support of the Guard and Reserve recognizes Chief Barry Jenkins, Henry County Fire Department, as a patriotic employer for contributing to national security and protecting liberty and freedom by supporting employee participation in America’s National Guard and Reserve Forces.”

Chairman Maddox said Item XIV (City of McDonough’s request for a sewer easement across Big Springs Park ballfields) on the Agenda was to be moved up after Mr. Kelly Jordan’s presentation on the Green Space Program.  He said the Mayor of McDonough is present and would like to be moved forward on the Agenda so he can return to his office to tend to other business.  Commissioner Holman made a motion of approval; Commissioner Holder seconded; the motion carried 6-0-0.

Chairman Maddox announced Item VII, Kelly Jordan’s request to make a presentation to the Board regarding the Green Space Program.   He said there were some Green Space Board Members present.   Mr. Dave Almand introduced himself and said he was delighted to serve on this Board.  Next was Mr. Ronald Turpin who said it was a pleasure to serve.  Mr. Andy Johnson with the USDA Natural Resources Conservation Services introduced himself, and Mr. Chip Brown of Breedlove Land Planning introduced himself as a County resident.

Mr. Jordan said his purpose at the BOC Meeting was to discuss the project involving Henry, Rockdale and DeKalb Counties.  He said this project is located in the corners of these three counties, Henry’s northeast corner, Rockdale’s northwest corner and DeKalb’s southeast corner.  Mr. Jordan said he serves as Chairman of the Arabian Mountain Heritage Area Alliance, which is the non-profit group spearheading the project.  Also, he serves on DeKalb County’s Green Space Advisory Commission.   Mr. Jordan introduced Mr. Lawrence Kaiser from Rockdale County who represents his county in this effort and is Director of the Department of Public Works and Engineering. 

Mr. Jordan explained the project is a green space project; it is a quality of life project and a stark preservation project, but what it is not is an anti-development project.  He said this project looks to promote the kind of future for our three counties that we will be proud of.  He said we have builders working around this project, and present today is Mr. Billy Beam who is developing some projects adjacent to the subject tracts, as are other developers. 

Mr. Jordan presented a vicinity map to the Board showing the area for Henry County and stated:

“This is an aerial photograph of the three county area in which the South River snakes in the middle of it.  This is a multi-generational effort.  A generation before we got here some good folks were led by Congressman Daniel Mackay and their first project was the creation of the Panola Mountain State Park in the late 1960’s.  Panola Mountain is a national natural landmark and that is a serious designation.  It is of national significance as a preserve.  In the early 1970’s the Davidson Quarry Company in DeKalb County donated an area in the shape of Texas to DeKalb County.  Also donated to DeKalb, just off Henry County’s corner, is Miner’s Creek which was a Native American village.  This is a fantastic historical site.  In Rockdale County, we picked up an area that was going to be a rock quarry, and turned it into a community park.  In 1996 Rockdale County received a donation by Mr. Decastro for a tract of land, and DeKalb County put a presence out at Arabian Mountain.  In 1997, the Everett Family donated land for DeKalb County on the South River, and in 1998, we started picking up additional pieces of property and State DNR expanded Panola Mountain Park along the river led by Lt. Governor Pierre Howard.  You can see this became a natural law; you have your three anchors there.  It would be great if we could connect these things together.  In 1999, we had help from a group called the Nature Conservancy, and we picked up some land in DeKalb County that was important to us.  Then came the Stonecrest Mall development, and it will eventually become the second largest mall development in Georgia. They are getting ready to start building 250 homes in this area.  In 2000, we picked up another piece of land next to Reggie Mountain, and the Patillo Family of DeKalb County donated land to us.  In 2001, we continued on the South River picking up little pieces here and there.  We received a grant from the Richard Mellon Foundation in Pittsburgh to acquire 100 acres.” 

 “Then DeKalb County put before the voters something that Henry County’s wisdom may want to look at some day.  We put a green space bond referendum before our voters in DeKalb, and asked them if they wanted to fund a program to set aside some areas of the county for the future; it passed 3 to 1.  This was a $125,000,000 green space bond referendum, and it’s first acquisition was the biggest piece it will ever buy, which is 940 acres. It is a piece of land that has a lot of different characters to it, but that particular piece of land had been miszoned for approximately 5,000 houses back in the 1970’s.   The community was very glad to see it become the heart of the green space area.”

 “In 2002, the State of Georgia acquired for us the last farm in DeKalb County, which we set aside to remind people that at one time it was the dairy capital of Georgia.  What we are building now is a bicycle trail network, which the first phase reaches from the City of Lithonia into the mall and down through the natural area.  It is funded by DOT grants; of the $1.5 million initial cost for the trail, $1 million is DOT money and only $100,000 of that is DeKalb County.  The foundation, who builds the trail, maintains it for the County.  Therefore, as we look toward the future, we hope to tie Henry County into this system, because it can be done at a very low cost to the taxpayers.”

 “In 2003 we deeply appreciated your green space program acquiring an area called Wolf Rock in Henry County.  You purchased it with your Governor’s green space money.”

 “There will be expansion at Panola Mountain and Arabian Mountain Park to the east, and we are working properties all up and down the South River.  We want a green way along the South River that will reach the Monastery in Conyers, which is another 2,000 acres.  We want to take this trail, Phase II, across the river, and bring the bike and walking trails into Henry County.  We want to work with you on that.  We also will be locating an environmental high school in DeKalb next to the park area, and we hope to have museums to show people in the future.  When all of that is taken together, we have applied to be a designated national heritage area, where the federal government will send funds to the local jurisdictions to help manage what you have.”

 “We were originally sponsored by Senator Cleland of Lithonia, and now are sponsored by Senators Chambliss and Miller on the Senate side, and by ten (10) Congress people from Georgia on the House side.  A Bill has passed the House of Representatives and will come before the Senate.  Senator Chambliss was out at the project recently and expressed his strong support and belief that this Bill will be passed.  It will bring up to $1,000,000 a year into our jurisdiction to help manage this, and we hope to have a mult-jurisdictional committee.  This committee will have representatives from the three (3) counties as well as the Georgia DNR and the City of Lithonia.”

 “The National Heritage Area Bill contains a specific provision presented by Representative John Lunsford that has no impact whatsoever on local land use or zoning regulations of Henry County.  It requires us to contact every private property owner in that area and ask them for their permission before their property is in anyway featured as part of this.”

 “We have a National Heritage Area in Augusta, Georgia where they took their old canal that runs into Augusta from the north and turned it into a National Heritage Area.  As a result, there has been a lot of economic activity, which we hope will generate here also.”

 Commissioner Holman asked about the location of the bicycle area and said he would like to see it. 

Mr. Jordan invited the Board to come to the Arabian Mountain area, and said the trails are visible on Klondike Road.  He said there is a website, arabia alliance.org, which is very informational.

Commissioner Holman asked if Mr. Jordan needed land the County owns or is it land the citizens will allow, through an easement, for this trail to be built.

Mr. Jordan said both are true; the preferred method and the simplest way would be for Henry County to hold title to the land in question.  He said the Path Foundation, which is non-profit, would love to come here and work with the County and hold hearings, as was done in DeKalb County, about the best route.  They also would do a great job of rounding up the funding.   For example, the segment being built in DeKalb County, they raised all but $100,000 of the $1,500,000 for the project.  

Commissioner Holman asked if he foresaw the South River area connecting the Kelleytown area. 

Mr. Jordan said they would love that.  He stated the Board might be familiar with the Silver Comet Trail that reaches from Cobb County to Alabama.  It is complete all the way to Cedartown at this point.  When citizens are surveyed on what kind of recreational facilities they are interested in, at one time they would say (back in the 1980’s) golf courses; then it became tennis courts.  Now it is walking paths and hiking paths.

Commissioner Adams questioned the security walking through woods.

Mr. Jordan said their experience in DeKalb County has been if we do not use the woods, it is more of a problem than when we do.  Arabian Mountain had more problems when the County owned it and did not do anything with it than we do now.  The Path Foundation has data on the bicycle path system which addresses that question.  They have had very little security problems in the Cobb County trail area.  The developers promote their subdivisions by saying “located on the Silver Comet Trail.”  The more use we get out of the trail system, the less crime occurs. 

Mr. Jordan said the trail is built out of concrete, and is built for emergency vehicles and police vehicles to reach anyone in need. 

Commissioner Freedman said he would ask our staff to get with Mr. Jordan to find out how to tap into the Federal “pot” of money.  He said we have received State funds through the Green Space Program, and we have allocated monies within the County. 

The City of McDonough’s request for a sewer easement across Big Springs Park ball field.   Chairman Maddox read the resolution which states:

“Whereas, the City of McDonough is relocating certain sewer lines to accommodate the construction of the “one-way pairs” running through the City of McDonough;

Whereas, the City of McDonough desires to relocate an existing sewer line on property of Henry County as shown on the plat of survey;

Whereas, the County has considered and discussed the City’s proposal to determine whether the same is in the best interest of the County and its residents, with the following two (2) conditions:

1.      1.      All work shall be done in a timely and workmanlike manner and in such a manner so as to comply with all local, state and federal rules, statutes, ordinances and regulations related thereto;

2.      2.      Following completion of the installation of the sewer line, the City, at its sole cost and expense, shall restore the property to its original conditions, such restoration shall include, without limitation, the re-sodding or planting of grass and other vegetation disturbed, the replacement and/or repair of any fences disturbed and the replacement and repair of any other improvements located on, under or above the property disturbed during the installation of the sewer line.”

Mayor Richard Craig introduced Mr. James Lee to speak on this issue. 

Mr. Lee said, “this is a sewer line relocation in connection with the north/south ‘one-way pairs’ in the City of McDonough.  Originally, we had proposed to come on the south side of the park, but there is a conflict with a stormwater drainage pipe that goes under a part of the field.  So we have redesigned that to go down the west side of the field, crossing a corner of the park next to Spring Street.  Fencing will have to come down, but we will reestablish in as good of shape or better than it is right now.  We need your permission to go across to install the sewer line that will tie into a manhole on Spring Street.”

 Commissioner Holman asked if the County’s engineering staff had looked at this.

Mr. Steve Schafer said he had not received anything on this in regards to the plan. 

Mr. Lee said they had submitted a request to the Recreation Department.  Commissioner Harper said it looks like it follows the property line and does not cut through the middle of the property, avoiding the devaluing of the property.

Commissioner Harper made a motion to approve the request subject to the two (2) conditions; Commissioner Holman seconded; the motion carried 5-0-0.

Appeal of a decision of denial of a plat by the Development Plan Review Department – Ms. Ruby White.  This is Ms. Ruby White’s appeal on the decision to have an individual plat approved by the Board of Commissioners.  The Henry County Zoning Ordinance states the division of a parcel or tract of land into more than three lots constitutes a “subdivision” per Section 3-7-22 Definitions.  The property in question, if approved for lot division, will create a “subdivision” as well as create a landlocked lot.  The plat was submitted, reviewed and denied through the Planning and Zoning Department on March 20, 2003.  The property in question is part of a larger tract that has maximized the allowable amount of lot splits. 

Due to Ms. Ruby White’s absence at the Board Meeting, Commissioner Harper made a motion to deny the request and uphold the staff’s decision.  Commissioner Adams seconded.

Commissioner Holder asked the Board to turn their exhibit books to the map showing the property.  He asked the Board to look at the whole map along Harper Road.  He said, “we are denying this one person their request, but how do you think that all of these flag lots and other lots were divided and not divided more than three (3) times for a singular piece of property?”

Chairman Maddox said from his standpoint, he thought that all the lots created prior to this were done by a different Board.  He said if we are not going by the Ordinance, we should take it out of the books.

Commissioner Holder said all of these have been allowed, and every piece of property in this County that currently exists has been subdivided or divided from a larger piece of property.  He said twenty (20) years ago there was nothing on Harper Road, and ten (10) years ago there was very little.  Commissioner Holder said the point is this person is being denied; when the property owner looks around and he/she sees this has been done forever.

Chairman Maddox asked for a vote; the motion carried 3-2-0 for the denial with Commissioners Holder and Adams voting against the denial.

Public Hearing regarding the lease of property located at Lake Dow Road and Highway 81 will be discussed in Executive Session.

Public Notice: Renewal of all Alcoholic Beverage licenses for the Year 2004.   Mr. Nicholas Day said this is the normal time to renew the licenses for alcoholic beverage holders in Henry County. 

Commissioner Holder asked Mr. Day if all the names of the establishments on the list meet the requirements to hold an alcoholic beverage license.

Mr. Day said, “yes.”

Commissioner Holder made a motion to approve all of the presented licensees for an alcoholic beverage license for the year 2004.  Commissioner Harper seconded.

Commissioner Freedman stated there was an administrative note.  Since this resolution will be printed, the language should be cleaned up.  There were a couple verb problems.  He said if we are going to make it official, we should make it right.

Commissioner Holman said in the list of “Violations” he noted only one.  Mr. Day said he was required to report this on the first meeting in January to acknowledge there was a violation.

The Chairman asked for the vote; the motion to approve carried 5-0-0.

Billy Beam – Conditional Use CU-03-19, Commissioner Holman – District 5.  Mr. Billy Beam (CU-03-19) has applied for a conditional use for a move-in house, located on Parcel Number 065B-03067000; in Swan Lake Estates on Wildwood Drive, in Land Lot 129 of the 12th District.  The Henry County Municipal Planning Commission reviewed and recommended approval of the request with the following conditions:

1.      After the move, the carport shall be enclosed and to include a garage door.

 2.      After the move, the front exterior shall be brick or stacked stone or any combination.  The remaining three sides of the exterior shall be in vinyl.  The soffit and fascia shall also be in vinyl.

3.      HVAC system shall be brought up to meet the 2000 edition of the Residential Mechanical / Gas Codes and Energy Code.

 4.      Plumbing system shall be brought up to meet the requirements of the 2000 edition of the Plumbing Code.

5.      Electrical system shall be brought up to meet the 2002 edition of the NEC.

6.      Insulation requirements shall be brought up to meet the 2000 Energy Code.

7.      Roof shingles shall be removed and replaced with new shingles over 15# felt paper.

8.      Bedroom windows shall be replaced to meet current egress code.

9.      A foundation plan shall be submitted showing the size and location of the exterior wall footings and the crawl piers footings.

10.  The County Board of Health may deny or revoke an on-site sewerage management system construction permit upon finding the lot unsuitable or for failure of the applicant to comply with the provisions of the rules.

Mr. Billy Beam said he is relocating a house that is currently located on the corner of Swan Lake and Fairview Road next to the Fairview Church of Christ.  The church is expanding their parking lot and he said he had purchased the house from the church.  Mr. Beam’s intention is to relocate it on two (2) lots that he owns in Swan Lake Subdivision.  He stated after speaking to Commissioner Holman, he agreed to meet all the requirements.

Chairman Maddox said there was a question about whether the Health Department had approved this, noting if the septic tank fails, Mr. Beam would need room to install an additional septic system. 

Basically, the problem was where the house was exactly staked.  According to the engineers’ drawings, the house will meet all requirements.

At this point, Commissioner Holman added the 10th condition to the resolution (as stated above).  He stated we are reworking our move-in house ordinance.  He said the Health Department has been on-site and inspected the property; however, the inspector who issued the permit is no longer with the Health Department, so we will have to go back out and look.  It appears this site is not going to support a conventional system; it is going to be an alternate system.  He said Mr. Beam will have a conditional use permit, but he still has to fall underneath the guidelines of the Health Department. 

Commissioner Adams said he still had concerns regarding the septic system; he thought there were too many houses at Swan Lake on too little ground.  He said alternative systems fail 3 to 1, and he is leery of this. 

Commissioner Holman moved to accept the conditional use for Billy Beam’s application with the ten (10) conditions; Commissioner Adams seconded; the motion carried 5-0-0.

Mr. Royce Grant (RZ-03-29) has applied for a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) to permit the development of a residential subdivision, located on Parcel Number 140-01-021-000, in Land Lot 149 of the 7th District along Mayo Drive.  The Henry County Municipal Planning Commission reviewed and recommended approval of the request with the following conditions:

1.   The minimum house size shall be 1/3 at 1,800 square feet, 1/3 at 1,900 square feet, and 1/3 at 2,000 square feet (heated space).

2.   The net density shall not exceed 1.23 dwelling units per acre.

3.   The houses shall be built on-site (no modular or manufactured homes), with two (2)-car side-entry garages standard.

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

 5.   All yards shall be sodded to the rear drip line of the homes.

 6.   Underground utilities and streetlights shall be required.

7.   All houses shall have masonry front facades consisting of brick, stone, stucco, or any combination thereof.  The remaining three sides of the houses shall be a minimum of HardiPlank.  Vinyl is prohibited.

8.   The developer shall install acceleration and deceleration lanes in accordance with the State of Georgia Department of Transportation construction standards.

9.   All lots shall be internal to the subdivision as no through lots will be permitted.

10.  There shall be a landscaped berm installed along the eastern property line of the subject property.  The berm shall be four (4) to six (6) feet in height and shall be planted.  A landscape plan shall be submitted with development plans to be approved by the Planning and Zoning and Development Plan Review Departments.

11.  Street trees shall be planted every thirty-five feet (35’).  Every tree possible shall remain undisturbed on the property.

Mr. Jeff Grant said they have 72 acres and plan to build 67 homes.  Mr. Grant said he wanted clarification concerning the condition having to do with the berm to be installed on the eastern side of the property.  He said he is planning to leave a wooded buffer around the perimeter of this property.  Mr. Grant said he did not mind installing a berm, but he did not want to destroy the wooded area to put in a berm. 

Mr. Grant stated the back portion of this property is the only part actually rezoned; the front part will be left zoned RA.  The whole subdivision is two tracts combined.  The smallest lot is three-fourths (3/4) of an acre or 30,000 square feet.  The front part will consist of fourteen (14) houses on three-fourths (3/4) acre to two (2) acre lots.  The road is a paved road and fronts Highway 81.

Commissioner Holder had a concern and recommended staff look at saying that every berm has to be planted.  He said we are requiring in many cases a berm to be planted with trees.  He said, “if a berm is in place and is raised, we expect a tree to grow when it is above the natural ground; it does not make sense.  When a tree or leyland cypress, as part of the planted buffer, is standing alone on top of a berm, if a wind comes along, what is going to happen?  We need to look at that.  If there is some vegetation we can plant on the berm, it would be better.  But to say they have to be planted with trees, it could obstruct the view in approaching a highway.”

Mr. Grant said he wanted to clarify both tracts are zoned RA at present.  He said he could get sixty (60) lots right now without doing anything further, but he is asking for seven (7) more lots.  And, in lieu of that, he is willing to concede a lot of conditions.  He stated they have talked to many of the landowners who adjoin this property, and they seemed very happy with our proposal. 

Commissioner Freedman asked how long the road is from the entrance extending off to the west.  Mr. Grant answered the total length of the street is 2,800 feet.  Commissioner Freedman said he has created a speedway by not putting in some curves and stated from experience, that by doing that, he will have complaints from the people about speed.

Commissioner Harper said Jeff Grant had stated the builder was thinking of building all brick homes, but did not want that as a condition.  Commissioner Harper’s opinion was putting front brick and three sides Hardiplank did not look good.  The Commissioner said he had just attended a meeting in the City of McDonough, whereby the conditions imposed on the developer were 50% to be brick or stone all the way around.  They wanted the homes to look unique, as opposed to three sides Hardiplank.  Commissioner Harper asked if he would agree to that.  Mr. Grant said, “yes, we would.”

Ms. Jill Goodman, Deputy County Attorney, brought up the issue about net density on the back acres.  She said, “he is only rezoning the back 50 acres; the condition is applying to the back 50, but the condition says the net density is 1.25.  It will be nowhere near that.  His net density is based on the entire 80 acres, so if you go forward with that condition, at the time for final plats someone will look at it and say, ‘no sir, you lose eight (8) lots.’  That particular condition would not be appropriate for an R-2 zoning, even though that density would be accurate for his entire site.  This needs to be reworded or recalculated so that his total number of lots would not exceed X.”

Chairman Maddox stated Mr. Grant is only asking for rezoning for 50.58 acres for R-2.  He asked, “on that portion he is asking for, if R-2 is 30,000 square foot lots, is that what he is going to have on the back 50 acres?”  The representative from Planning and Zoning said he will have 30,000 or greater and a condition can be placed to read, “the net density for 50.58 acres shall not exceed 1.25 dwelling units per acre.”

Commissioner Freedman said the problem is he is including the entire acreage in his computations.  Mr. Grant said it does create some ambiguity; he said if we could put a condition in there that the overall 72 acres will not exceed 67 lots.

Commissioner Harper made a motion to approve the request of Royce Grant to rezone the property from RA to R-2.  He said we are going to have all eleven (11) conditions and change condition #2 to read, “the net density shall not exceed 1.25 dwelling units per acre on the 50.58 acre tract, and there shall be a maximum of 67 lots on the entire development, which shall include the front 22 acres, which shall remain a RA zoning at one (1) acre per lot minimum.  Change condition #7 to read, all houses shall have 50% masonry facades on all sides, which shall consist of brick or stone or any combination thereof.  Vinyl siding is prohibited; the other materials shall be HardiPlank or of a similar substance.  Item #10, his request would be that we amend it to include the exact sentence, but at the very end it would be the berm would be required only in areas whereby the land is not wooded which shall remain an undisturbed buffer.”  Commissioner Holder seconded; the motion carried 4-1-0 with Commissioner Holman voting against the motion. 

Commissioner Harper directed his comment to the County Clerk that on all the resolutions today where it says, “be it resolved” and it has the signature line of the Board of Commissioners, all of them say, “sponsored by Leland Maddox, Chairman.”  Strike the “sponsored.”  That would intimate that the Chairman made the motion on every resolution.  It just needs to say, “by Leland Maddox, Chairman.”   

Belinda Deyton – Rezoning RZ-03-53; Commissioner Adams, District IV.  Ms. Belinda Deyton of McDonough, Georgia requests a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for property located on Parcel Numbers 068-0106000, 068-01005500 and 068-01005000 on Flat Rock Road between Georgia Highway 138 and Millers Mill Road in Land Lot 63 of the 11th District.  The property contains 50.80+/- acres.  The Municipal Planning Commission recommended approval with the following conditions:

1.      The minimum house size shall be 2,000 square feet (heated space).

2.      The homes shall be built on-site (no modular or manufactured homes), with two (2)-car side entry garage standard.

3.      Underground utilities and streetlights shall be required.

 4.      All homes shall be built with all sides masonry materials consisting of brick, stone, stucco, or any combination thereof; vinyl siding is prohibited.

5.      There shall be a ten (10) foot no-access buffer located along those lots adjacent to Flat Rock Road.

6.      All lots shall front interior to the subdivision.

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

 8.      All yards shall be sodded to the rear drip line of the homes.

9.      The net density shall not exceed 1.25 dwelling units per acre.

10.  There will be no clear cutting of property.

11.  The 12.5 acres of open space shall be deeded and recorded to a homeowners association.

Ms. Belinda Deyton said she is asking for rezoning from RA to R-2; on a tract of land her family has owned for 40 years.  She said she has agreed to the conditions, but has one she would like to discuss with the Board.  Ms. Deyton directed the Board to Condition #4 regarding all sides consisting of masonry structure.  She said the houses on Flat Rock Road are very old trailers, and many of them are dilapidated.  She stated she is hopeful that someone will come along and purchase this land and improve the area.  The subdivision she is proposing is next to a quality subdivision, and she is proposing hers to be of similar type.  She submitted pictures of existing housing on this road, and said they are substantially valued lower than an all masonry sided house. 

Commissioner Adams said he liked all brick homes.  Commissioner Holman agreed with Commissioner Adams and asked for her to consider the recommendation strongly.  He stated, based on the septic systems, he would like to see a condition requiring one (1) acre lots. 

Commissioner Holman asked Mr. Bert Foster of Planning and Zoning to describe the subject property to the Board. 

Commissioner Holder addressed Ms. Deyton asking if she could live with all brick. 

Ms. Deyton said she did not think it would be a marketable product given the state of the other housing on this road.  She thought 50% would be a fair alternative based on the previous discussion.  She said with the mobile home park located nearby, it would be hard for someone to make that kind of investment unless there was opportunity for the area to improve.  

Commissioner Holder asked what all brick subdivision was the closest to her property.  She responded by saying the closest all brick subdivision would be at the end of Millers Mill Road which are the Cottonfields Subdivisions.

Commissioner Holder asked before something is built, how you can consider it “a viable” subdivision.  The Emerald Subdivision has been zoned, but it has not been developed.  He said you have to take into consideration things that exist within the neighborhood. 

Commissioner Adams asked Ms. Deyton to outline her proposal.

Ms. Deyton said she would like to see the same kind of houses built compared to Oak Bend (adjacent to her property).   She said these houses have either all brick fronts or all stucco fronts with three sides consisting of HardiPlank.  These houses range from 1,600 square feet to 3,000 square feet.  She said this is a very nice community with homes in the neighborhood of $225,000. 

Commissioner Adams said he would like to reach a compromise.  He asked if she would consider building 50% of the homes all brick.

Ms. Deyton said that might offer some of the buyers a more affordable opportunity in the subdivision.  She said she preferred Commissioner Harper’s suggestion  of 50% masonry siding and 50% Hardiplank on the homes. 

Commissioner Freedman said Commissioner Adams’ compromise of 50% of the homes being constructed all brick would sway his vote; he assured Ms. Deyton it was a fair compromise. 

Chairman Maddox said there was going to be a major renovation of that intersection.  The subdivisions north of Ms. Deyton have brick fronts and three sides vinyl.  He said if someone decides to come in and buy the land where the mobile homes are located, and decides to build all brick homes consisting of 3,000 square feet, how will they feel to look across the street and see brick fronts with vinyl siding?  He said the Board is trying to upgrade the quality of life in Henry County.  He said the real problem is putting the entrance so close to where the intersection soon will be 4-laned at Highway 138 and Flat Rock Road.  Chairman Maddox thought the transportation problem needed to be considered in this area.

Chairman Maddox stated this subdivision needs an egree/ingress, and the subdivision next to the subject property should have had them also.

Commissioner Adams said he agreed, and suggested making this a condition.  Commissioner Adams made the motion to approve Ms. Belinda Deyton’s request with all the conditions, but changed condition #4 (all sides masonry) to read 50% of all the homes shall be all sides masonry.  The remaining 50% of homes built shall be 50% masonry (brick, stone or stucco) and 50% Hardiplank (no vinyl, with the exception of soffet and facia).   Commissioner Holder seconded; the motion carried 4-1-0 with Commissioner Holman voting against.

Drew Camp – Rezoning RZ-03-61; Commissioner Freedman, District II.   Mr. Drew Camp of McDonough, Georgia requests a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for property located at 388 McCullough Road referred to as Parcel Number 034-01-104-000, in Land Lot 76 of the 6th District.  The Municipal Planning Committee reviewed and recommended approval of the request with the following conditions:

 

1.    The minimum house size shall be 1,800 square feet (heated space) on the ranches and a minimum of 2,200 square feet (heated space) on the two-stories.

2.    The net density shall not exceed 1.25 dwelling units per acre.

3.    The homes shall be built on-site (no modular or manufactured homes), with seventy-five percent (75%) having two-car side-entry garages standard.  The other twenty-five percent (25%) shall have a minimum of two-car garages. 

 4.    The developer shall install sidewalks on both sides of all streets.

5.    All yards shall be sodded to the rear drip line of the homes.

6.    Underground utilities and streetlights shall be required.

 7.    All homes shall have minimum of three sides brick, the remaining side shall be a minimum of Hardiplank.  Vinyl siding is prohibited.

8.    The developer shall install acceleration and deceleration lanes in accordance with the Henry County Department of Transportation construction standards.

9.    All lots shall be internal to the subdivision as no through lots will be permitted.

10.  Every tree possible shall remain undisturbed on the property.  There will be two street trees for every lot. 

Mr. Mark Griswell said he was involved jointly in this project with Mr. Drew Camp.  He said, “we have amended the plat to drop the original request from thirty-four (34) lots to thirty-three (33) lots to fall in compliance with the future Land Use Map and the Joint Comprehensive Development Plan.  Normally the tract requires a Level 1 survey to submit a piece of property for rezoning.  We started out with a Level 2 and since completed a Level 3.  We are surrounded by two (2) subdivisions, Quail Run and Dogwood Trails.  Quail Run consists of one (1) acre lots, and the house sizes range from 1,500 to 1,700 square feet.  This subdivision has overhead utilities, no drainage structures, cut ditches on the side of the roads, and no curbing.  The price range for these homes is about $125,000.”

“The site to the east is Dogwood Trails; they were under the impression they had one (1) acre lots, but they actually are three quarter (3/4) acre lots (30,000 square feet).  The house sizes run from 1,500 to 2,000 square feet and the average house price is $125,000 to $180,000.  What we are proposing to do is a minimum of 2,000 square feet housing on our ranches and 2,200 square feet housing on our two-stories with three (3) sides brick, underground utilities, sodded front yards, curb and gutter drainage system, underground utilities and sidewalks.  We are ‘jumping’ the value in this area about $60,000, $70,000 or $80,000.”

“Most of the opposition previously came from Dogwood Trails, and we were taken back because it seemed they did not care what size and quality of  houses we were building; they just wanted one (1) acre lots.  We are surrounded by the R-2 on the right, the R-2 on the north, and the one (1) acre on the south which is of a lesser quality. 

Chairman Maddox asked if there was any opposition to this request.

Mr. Russell Davis who lives in the Quail Run subdivision had some questions.  He said, “we are concerned about a fence around the property, because they are putting a road behind our property line.  Some of the families have small kids, and by building a long drive, you are building a race track.    We feel a fence is needed to protect our children.”

Mr. Griswell responded, “we do not have a problem with installing a fence, but what we are planning, though more expensive, is to bring in a tree spade and dig up the planted Christmas trees and wherever there was not a buffer, we would add one.  Adding a fence would require taking down some trees, and we have a concern by building the price houses as planned, who would be maintaining the fence in the future.”

Commissioner Freedman made a suggestion of an extensive tree buffer to be planted instead of a fence. 

Mr. Davis said he still had a problem with trees because the children can walk through the trees versus a fence.

Commissioner Adams suggested a tree buffer and a fence be installed.

Mr. Griswell said, “we are already going to the expense of building three-sides brick and doing everything up and above what this Commission has asked.  It seems like every time we do everything requested, more is asked of us; where does this end.  We came in with a good and non-controversial plan, and we will be glad to do one or the other.  But who will maintain this fence?”

Commissioner Freedman told Mr. Davis, “the Board cannot require a builder to build a fence for you. If it is your property, you can build your own fence.”   Commissioner Freedman said he thought the tree buffer was the best idea. 

Mr. Bob Arrington introduced himself and said he lived next door to Mr. Davis.  He said he liked Commissioner Adams’ idea of both the tree buffer and the fence.  He stated he also has small children who walk through the Christmas tree area and had concerns for their safety if their ball rolled through the trees out into the street.

Commissioner Adams suggested Mr. Griswell install the fence, and the homeowners could plant their own trees.

Mark Griswell stated when the neighborhood was built next to him, he built his own fence and no one planted any trees for him. 

Commissioner Holder also had a concern with who will maintain the fence.  He said everybody has got to assume some responsibility for securing their own property and children.  He said we cannot require the neighbors to take care of our problem.  Commissioner Holder said someone will be responsible for repairing the fence, and nobody is going to want to assume the responsibility.  He said he did not like fences.

Commissioner Freedman asked Mr. Griswell the width of the buffer along the road. 

Mr. Griswell said on the Quail Run side the buffer would be five (5’) to eight (8’) feet, and on the Dogwood Trails side he will not be timbering the property, so that buffer already has trees. 

Chairman Maddox read Section 3-07-318 of the zoning ordinance:

“After an approval has been granted for a map amended to create or extend any zoning district, the applicant, agent or property owner has twelve (12) months in which to make substantial progress in developing the property.  If no substantial construction or alterations of the property or other affirmative action to develop the property has occurred within twelve (12) months, the Planning Commission shall review the situation and report its findings in recommendations to the hearing to the Board of Commissioners who can at a public hearing change the zoning category to its prior or other appropriate zoning district classification.”

Chairman Maddox said the reason he read this is because Mr. Griswell had gotten a rezoning two (2) or three (3) months ago, and the Chairman stated he would like that included in the Minutes that if in twelve (12) months construction has not begun, we are going to ask the Zoning Department to look at it and see if we can rezone it or revert back to the original classification. 

Commissioner Freedman said he was unwilling to make that part of the motion until we discuss this with the County Attorney, because we had a long issue about reversions and the attorney gave us some strong legal advice.

Chairman Maddox said he would like for this to be put into the Minutes not necessarily in the motion. 

Deputy County Attorney, Jill Goodman, said language in our code book is valid and should a situation arise, there would not be a legal problem regarding zoning reversions.

Commissioner Holman said when we go through and make reference to our Minutes and we include something redundant or not, it is reinforcing the fact the Board did discuss it. 

Mr. Danny Taylor, Director of Economic Development Division, stated we have discussed this several months ago at an Economic Development Committee Meeting, and we researched all the rezonings back to 1999 and presented a list of those showing the ones that had been developed and those that had not.  He said “we searched for reasons to revert any that have not been developed and no action was taken.  The basis for any action to revert would be a change in the future Land Use Map or a change in surrounding conditions.” 

Mr. Griswell said he knew the concern for trees, and he asked for relief on the 2,000 square foot ranches for certain percentages of houses with side-entry garages and to leave that as a purchase option.  The reason is when you add a side-entry garage on a house, you have to clear out an additional twenty-five (25) feet, at least, on the side of that house to be able to drive in plus your turn around to get out.  He said he would like all the houses to have the option of being side-entry or front-entry.  On the two-story houses he would like to build front-entry garages because on basement lots it would require a retaining wall down the side of the house to hold the field dirt. 

Commissioner Freedman made a motion to approve the rezoning from RA to R-2 for the residential subdivision at 388 McCullough Road with the following conditions:

1.      The minimum house size shall be 2,000 square feet (heated space) on the ranches and a minimum of 2,200 square feet (heated space) on the two-stories.

2.      The net density shall not exceed 1.25 dwelling units per acre with a maximum of thirty-three (33) dwelling units.

3.      The homes shall be built on-site (no modular or manufactured homes) with two-car side-entry garages standard.

4.      The developer shall install sidewalks on both sides of all streets.

5.      All yards shall be sodded to the rear drip line of the homes.

6.      Underground utilities and streetlights shall be required.

7.      All homes shall have minimum of three sides brick, the remaining side shall be a minimum of Hardiplank type material.  Vinyl siding is prohibited except for soffet and facia. 

8.      The developer shall install acceleration and deceleration lanes in accordance with the Henry County Department of Transportation construction standards.

9.      All lots shall be internal to the subdivision as no through lots will be permitted.

10.  Every tree possible shall remain undisturbed on the property.  There will be a minimum of two street trees for every lot.

11.  A ten (10’) foot tree buffer abutting the western side of the property shall be established.

12.  All lots must pass a Health Department approved perk test prior to development.

Commissioner Holder seconded; the motion carried 4-1-0 with Commissioner Holman voting against. 

Mr. Jay Mac Brown - (RZ-03-62); Commissioner Harper, District III.  Mr. Jay Mac Brown (RZ-03-62) has applied for a rezoning from RA (Residential Agricultural) to C-2 (General Commercial) for the development of a car wash and retail center, located on Parcel Number 073-01029000; for property located on Mount Carmel Road, near the northeast intersection of Jonesboro Road and Mount Carmel Road, in Land Lots 97 and 128 of the 7th District.  The Municipal Planning Commission reviewed and recommended approval of the request with the following conditions:

1.      All sides of the buildings shall be constructed of brick, stucco, glass, stone or a combination thereof.

2.      The Planning and Zoning staff shall approve the architectural design of all proposed building plans prior to the issuance of a building permit.

3.      Primary signage not attached to a building shall be a maximum of eight (8’) feet in height; monument based and shall have consistent character and design details that reflect the architectural design of the project.  The applicant will enter into a master sign agreement with the County.

4.      An exterior lighting plan shall require all lighting to be of moderate brightness and consist of downcast lighting.

5.      Dumpster(s) shall be placed on a concrete pad and enclosed on three (3) sides.  The enclosure shall be constructed of brick, stone, stucco of any combination thereof provided it is consistent with the primary structure, and shall be a minimum of eight (8’) feet in height.

Since there was no opposition, Commissioner Harper said, “I want to make only one change.  Where it says, ‘brick, stucco, stone or glass,’ I want the condition to read, ‘brick, stacked stone, or glass,’ not a stucco convenience store.”

Commissioner Harper made a motion to approve the rezoning from RA to C-2 (General Commercial) with the five (5) conditions listed.  He said, “Condition #1, change it to read brick, glass, stacked stone or any combination thereof.  Condition #5 says, the dumpster shall be enclosed by similar materials to the building.  That would be brick or stacked stone, no stucco.”   Commissioner Holman seconded.  The motion carried 4-0-0, with Commissioner Adams absent from the vote.

Board of Commissioners – Comments. 

No Comments were made.

Approval of Minutes for December 15th Committee of the Whole Meeting and the December 16th Regular Board of Commissioners Meeting.  Commissioner Freedman said he had a change on page 5, paragraph 3, line 7 of the December 15th Meeting.  Where it states, “Commissioner Freedman asked if they are taking our water or soaping up our creeks,” that should be “silting up our creeks.”  Commissioner Holder made the motion to approve the Minutes as amended; Commissioner Harper seconded; the motion carried 5-0-0.

Appointment of the Vice-Chairman for the Board of Commissioners.  Chairman Maddox stated the Code Book states the Vice-Chairman should be selected at the first organizational meeting in January of the Board of Commissioners.  Chairman Maddox made the motion and nominated Commissioner Lee Holman to serve as the Vice-Chairman of the Board of Commissioners for the year 2004.  Commissioner Harper seconded. 

Commissioner Freedman said, “traditionally, keeping politics and personalities out of it, we have rotated the Vice-Chairman position.  This keeps an alignment and fairness in the system.  In light of that, I am next in line but would decline it, and Commissioner Holder would be next as the Senior Commissioner on the Board.  Commissioner Holder certainly has the foresight, wisdom, and experience.  Commissioner Holman is my friend, but has only been on the Board for one (1) year, and Commissioner Holder has served for seven (7) years on the Board.  My recommendation would be to pass the Vice-Chairmanship to Commissioner Holder because it does follow the lineage and the format we have established for many years.  Then give Commissioner Holman or Commissioner Adams an opportunity the subsequent year.”

Chairman Maddox asked for a vote on the motion to nominate Commissioner Holman as the next Vice-Chairman; the motion carried 3-1-1, with Commissioners Harper, Adams and Holman voting for the motion; Commissioner Freedman voting against; Commissioner Holder abstained because he was part of the consideration for the position.

Board Appointments:

Commissioner Holder made a motion to approve the below listed appointments to serve one (1) year terms (the remainder of the 2-year terms) from District I; Commissioner Harper seconded; and the motion passed with Commissioners Harper, Holder, Adams, Freedman and Holman in favor.

District I:        Henry Co. Development Authority – Mr. W. L. Carter

                        Henry Co. Recreation Board – Mr. Wayne Chumbley

                        Henry Co. Library Board – Ms. Marianne Morfoot

                        Henry Co. Planning & Zoning Board – Mr. Thomas Solomon

                        Henry Co. Water & Sewerage Authority – Mr. Al Smith

                            (Mr. S. H. Gardner – retired after 42 years)

Mr. Al Smith said he wanted to say, “thank you” and stated the Water Authority works on behalf of the governing authority of this county, and he will not lose sight of that.  He said he will attend the meetings and give it his best shot to work with Mr. Farmer and Mr. Welch and all appointees to give the citizens a Water Authority that they will continue to be pleased with.

District II:

Commissioner Freedman said he had one appointee for the Water & Sewerage Authority, but when looking at the Hospital Authority, it states Gerald Taylor (District II), and Mr. Taylor does not reside in District II.  He said he will have to find someone for that position. 

Commissioner Harper said he wanted to remind the Board when addressing the Hospital Authority appointments, the local Act requires that we submit three (3) nominees per District for each vacancy.  Then the Hospital Authority will select one (1) of the three (3) to serve on the Board, or they can reject all three (3) and three (3) more will be submitted.  Secondly, Commissioner Harper said he has secured a copy of the local Act creating the Hospital Authority, and was told there was no residency requirement.  He thought the Board should read this first before making nominations.

Commissioner Freedman said he will withhold any motion on the Hospital Authority, but said he wanted to reappoint Mr. Kenneth Phillips to the Water Authority.

Commissioner Freedman made a motion to approve Mr. Kenneth Phillips to the Water Authority for a one (1) year appointment; Commissioner Holder seconded; and the motion passed with Commissioners Harper, Holder, Adams, Freedman and Holman in favor.

Commissioner Holder cautioned the Board in making the one (1) year appointments; he said when the Board appoints someone, it is for that term of office that the Legislation requires whether it is for 2 years, 4 years or 6 years.

District IV:

Commissioner Adams made a motion to approve the following individuals for appointments for (1) year terms in District IV:

                        Henry Co. Development Authority – Mr. David Gill

                        Henry Co. Recreation Board – Ms. Judy Neal

                        Henry Co. Library Board – tabled for 30 days

                        Henry Co. Planning & Zoning Board – Mr. Michael Eddy

                        Henry Co. Water & Sewerage Authority – Ms. Christi Tate

Commissioner Holman seconded; the motion passed with Commissioners Harper, Holder, Adams, Freedman and Holman in favor.

District V:

Commissioner Holman said he plans to re-appoint all the sitting Board Members, specifying the appointments will be for a one (1) year term.

                        Henry Co. Development Authority – Mr. Jim White

                        Henry Co. Recreation Board – Mr. Wayne Chase

                        Henry Co. Library Board – Mr. Jim Smith

                        Henry Co. Planning & Zoning Board – Ms. Dawn Davis

                        Henry Co. Water & Sewerage Authority – Mr. Darrell Walker

Commissioner Harper seconded; the motion passed with Commissioners Harper, Holder, Adams, Freedman and Holman in favor.

Board of Commissioner’s appointment for a representative on the Health Department Board.

WHEREAS, Ms. Jana Morris, a Henry County resident, has served on the Henry County Health Board as a representative for the needy or elderly community and;

WHEREAS, Ms. Morris has faithfully served this Board and her term expired on December, 2003.

Commissioner Freedman moved to reappoint Ms. Jana Morris to the Henry County Health Board for the full term.  He said she is an outstanding representative for the County.  Commissioner Holder seconded; the motion passed with Commissioners Harper, Holder, Adams, Freedman and Holman in favor.

Board of Commissioners nominations for the Hospital Authority Board for District I, District II and an At Large position.  (Mr. Gerald Taylor currently represents District II but due to a change, he now lives in District V; and also Dr. Joseph Blissit currently represents District III but due to a change, he now lives in District IV.)

Commissioner Harper suggested tabling the nominations; Commissioner Holman seconded; the motion passed with Commissioners Harper, Holder, Adams, Freedman and Holman in favor. 

Upcoming Meetings:

Chairman Maddox announced there are three (3) meetings not on the Agenda. 

            January 12, 2004          7:00 P.M.         Comprehensive Planning Meeting

            January 15, 2004          7:00 P.M.         Comprehensive Planning Meeting

            January 21, 2004          6:30 P.M.         Board of Education Meeting with the Board of Commissioners

Commissioner Holder made a motion to convene into executive session in accordance with O.C.G.A. and pursuant to the advice of the County Attorney, Patrick Jaugstetter, to discuss the acquisition of real estate, personnel and matters of litigation; Commissioner Adams seconded; the motion passed with Commissioners Harper, Holder, Adams, Freedman and Holman in favor.

            An executive session was held.

            Commissioner Harper made a motion to reconvene into public session; Commissioner Holman seconded; and the motion passed with Commissioners Holder, Freedman, Harper, Adams and Holman in favor.

            Commissioner Harper made a motion to approve the executive session affidavit in support of the Chairman; Commissioner Holman seconded; and the motion passed with Commissioners Holder, Freedman, Harper, Adams and Holman in favor.

            Commissioner Harper made a motion to amend the agenda and approve a resolution allowing the placement of temporary signs advertising Comprehensive Land Use public meetings in public rights-of-way (Resolution No. 04-__); Commissioner Holman seconded; and the motion passed with Commissioners Holder, Freedman, Harper, Adams and Holman in favor.

            A public hearing was held concerning a resolution of the Henry County Board of Commissioners to approve the lease of real property from the Jackson Family Limited Partnership, described as between 18 and 20 acres of land bordering Lake Dow Road as it is currently aligned at Highway 81.  No public comments were made.  Commissioner Holman made a motion to approve the lease agreement as presented (Resolution No. 04-01); Commissioner Adams seconded. 

            Commissioner Freedman said he thinks the property is being purchased for too much money and he does not think it can be handled in the budget.  Commissioner Harper noted the County paid $8,000 per acre for the remaining 110 acres, so the total should be averaged overall.

The motion passed with Commissioners Holman, Adams and Holder in favor; and Commissioners Freedman and Harper opposed.

            Commissioner Harper made a motion to amend the agenda and authorize the County Attorney to file suit against the City of McDonough for landlocking property within the City; Commissioner Holman seconded; and the motion passed with all in favor.

            Commissioner Holman made a motion to amend the agenda and approve a contract with Charles Reddoch, with no thirty day provision, just a termination on August 1, 2004 (Resolution No. 04-__); Commissioner Harper seconded; and the motion passed with all in favor.

            Commissioner Adams made a motion to adjourn (2:55 p.m.); Commissioner Harper seconded; and the motion passed with all in favor.

                                                           

                                                            Leland Maddox

                                                            Chairman

 

Peggy L. Malcolm

Deputy County Clerk

 

 

Copyright © 2004 Henry County Board of Commissioners