STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a regularly scheduled public meeting at 6:30 p.m., Tuesday, March 16, 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

 

            Linda G. Angus, County Manager; Susan B. Craig, County Clerk; Shay Mathis, Deputy County Clerk; Patrick Jaugstetter, County Attorney; Danny Taylor, Community Development Division Director; Tom Couch, Assistant County Manager; Rob Magnaghi, Deputy County Manager; Tommy Smith, Interim Purchasing Director; Kimberly Smith, Interim Planning & Zoning Director; and others.

 

            Chairman Maddox called the meeting to order.

 

            Vice-Chairman Holman thanked Chairman Maddox for the opportunity to give the invocation this evening.  He noted tonight’s meeting is “full of rezoning hearings, and many of you here tonight know Robert Days.  Robert served on the Planning and Zoning Board since January, 1987, to December, 1998; eleven years.  A constituent of District V, a family man, a small business owner, a community leader and a friend, he was my first choice as the P & Z candidate.  He fulfilled his promise to me and mentored the candidate for the appointment that currently sits in there.  Robert passed last week, Thursday, at his home of a heart attack.  Robert’s funeral is being held in Morrow, Georgia, at the Lemon & Son Funeral Home on Friday, March 19th, from 6:00 to 8:00 p.m.  He will be interred Saturday, March 20th.  I wish to dedicate the following Prayer of St. Francis, written during the Middle Ages, to Robert Days, his loving family and friends.  May we pray.”

 

   “Lord, make me an instrument of your peace; Where there is hatred, let me sow love; . . . where there is injury, pardon;. . . where there is doubt, faith; . . .where there is despair, hope; . . .where there is darkness, light;. . . where there is sadness, joy;  O Divine Master, grant that I may not so much seek . . . to be consoled as to console;. . . to be understood as to understand;. . . to be loved as to love. For it is in giving that we receive; . . . it is in pardoning that we are pardoned; . . .and it is in dying that we are born to eternal life.  Amen.”

 

Chairman Maddox made the following announcement:

 

1.           The Triad Investments of Jonesboro, Georgia, request for rezoning from RA (Residential Agricultural) and R-1 (Single-Family Residential) to R-2 (Single-Family Residential) for property located on Turner Church Road, in Land Lots 86 and 107, (RZ-03-64) will not be heard tonight.

 

Commissioner Holman made a motion to Accept the Agenda with the following amendments:

 

1.                  Remove Triad Investments rezoning request

 

2.                 Remove Item No. VI. – Hospital Bond

 

3.                  Remove Item No. VII. – Mr. Dick Morris to address Board

 

4.                  Remove Item No. IX. – Flint Circuit Council on Family Violence to address Board

 

5.                  Reorganize Rezoning Schedule (Item XII.) – A. & B. will follow E.

 

6.                  Remove Item No. VII.C. – Fayette Environmental (Commissioner Holder will explain further)

 

Commissioner Holder seconded.

 

Commissioner Freedman explained the reason the TEFRA hearing on the hospital bond issue is being rescheduled is because the hospital must prepare data for the Board to review prior to the hearing and prior to approving the Hospital Authority’s preliminary official statement.  He said the Hospital Authority has requested the hearing be postponed until Thursday, March 25th, so they will have time to assemble their data and provide to the Board for an advance reading.  It was a consensus of the Board to hold a called meeting at 1:30 p.m. on March 25, 2004.

 

Commissioner Freedman noted Mr. Ron Reeser, who has two rezoning requests on tonight’s agenda, is not present.  He said he is tentatively asking to table the requests.  Chairman Maddox said the two rezoning requests will be considered when they are reached on the Agenda. 

 

Commissioner Holman’s motion passed by a vote of 5-0-0, with Commissioners Freedman, Harper, Holman, Holder and Adams in favor.

 

Commissioner Holder stated, “Fayette Environmental has been tabled until the next evening meeting on April 20, 2004.  The applicant, Dale Walker, is here, and if Mr. Walker and Mr. Ray Gibson, Planning and Zoning, will get together, a town hall meeting will be set up by Mr. Gibson to discuss this and work out the details so we can bring this back up at the next evening meeting in April.”

 

An unidentified individual in the audience requested the Triad Investment issue be placed on the Agenda for an evening Board Meeting.  Chairman Maddox asked the Deputy County Clerk, Shay Mathis, to make note of the request.

 

The Henry County Humane Society Request to Appear Before the Board Regarding the Current Animal Control Shelter Building.

 

WHEREAS, the Henry County Humane Society is a 25 year old non-profit organization, dedicated to finding homes for Henry County’s homeless pets; and

 

WHEREAS, over the years the Humane Society has built a strong relationship with the Henry County Animal Control Staff and Humane Society Volunteers make weekly visits to animal control to pull animals that are possibly adoptable and contact purebred rescue groups to help find homes for these animals; and

 

WHEREAS, our efforts not only save animals’ lives and save taxpayer dollars, but also reduces the stress on animal control officers that have the difficult job of euthanizing Henry County’s discarded animals;

 

NOW THEREFORE BE IT RESOLVED, the Henry County Humane Society requests the Board of Commissioners consider donating the current Henry County Animal Control Shelter to the Humane Society at the time the new shelter is opened.

 

This 16th day of March, 2004.

 

(Linda Angus, County Manager, entered the Meeting.)

 

Commissioner Harper made a motion for this Board to enter into negotiations with the Henry County Humane Society to operate a Humane Society service out of the old Animal Control Shelter.  Commissioner Adams seconded. 

 

Ms. Crystal Emineth, representing the Humane Society, asked to speak on this issue.

“I am here on behalf of the Humane Society and am asking you to donate the shelter to the Henry County Humane Society when the new shelter is opened.  While the current shelter cannot handle the demand of Henry County’s needs, from an Animal Control perspective, it certainly could be modified to manage the needs for the Humane Society.  We are a non-profit organization dedicated to reducing the number of homeless animals in this County and in finding loving homes for as many of these animals as possible.  The Humane Society currently does not have a building to house animals; instead we operate out of volunteer foster homes.  Despite only having a handful of foster homes, in 2003 we adopted 244 dogs, cats and iguanas into loving homes.   While we take great pride in finding loving homes for these animals, adopting out animals is not the answer to the County’s animal over-population problem.  The answer lies in spaying and neutering, so that unwanted pets are never born.”

 

“In 2003, we applied for and received our first grant.  This grant money was used to spay and neuter 103 animals for the residents of Henry County.  The cost to these residents was ‘0,’ and it saved taxpayer dollars.  These 103 animals did not reproduce; their offspring did not end up at Animal Control to be euthanized.  If they had reproduced, these 103 animals could have offspring that would have numbered approximately 800 to 1,000 animals.  If the Humane Society was given the current shelter, we would have even more opportunities at grants to help the County’s residents and animals alike.  Having received a grant in the past, makes it more likely to be approved for future grants.”

 

“The donation of the current shelter would mean more housing for adoptable animals, increased opportunities for grants, which in turn means more opportunities to assist the County’s residents with medical costs for their pets, and saving tax dollars for taxpayers and the reduction in the number of animals euthanized in our County.”

 

Commissioner Freedman said, “we owe a tremendous debt of gratitude to the Humane Society.  You take care of our animals and our citizens.  The spay and neutering program and the adoption program are things you do for the County.  We could not thank you enough for what the Humane Society does, and it shows you have a heart; you have to have to care for the animals like you do.”

 

Commissioner Freedman said legally we cannot give away County property, but there is a solution for that.  Commissioner Freedman amended the motion to form a contract with the Humane Society, where in return for their wonderful service provided for the County, we provide the Humane Society with that building.  He said we can enter into a long-term contract indefinitely, and also stated he had checked with the County Attorney to make sure this can be done. 

 

Commissioner Adams said he agreed with what Commissioner Freedman had just said.  He asked, “since this building is in such terrible shape, who will be responsible for keeping it up and repairing it?”

 

Ms. Emineth replied, “it is in awful shape, and it will take time for us to go in and restore.  The front portion of that building is in much better shape than the back portion where all the dog runs are.  The repair will be done in stages, and we would love for the County to assist, but we do have funds for this type of need.  We had some land donated to us a few years ago that we could put on the market to raise money for this purpose.”

 

Commissioner Harper said, “when you secure the use of the building, if you came up with a cost assessment and if there was something you could not do financially, you could bring the issue to the Board for our review.  Anything that is for the health, safety or welfare of the citizens, even though it is a private entity and government service, we can provide it to you.”

 

Commissioner Holman said, “I was puzzled at first with the motion to operate the shelter, but if the motion is to enter into a written agreement with the shelter so we can spell out what the expectations are of the County and vice versa, then I am in full agreement.”

 

Commissioner Holder said we cannot donate an asset of the County, but he would like to see this motion amended to say, “enter into an agreement rather than donating.”  He said he did not think they wanted to own the building; the County does have some responsibility to upgrade to a point this building so services can be provided.

 

Commissioner Harper said, “I made a motion to enter into negotiations with them, because we cannot approve an agreement we have not negotiated.  They will sit down with the County Attorney and come up with all the terms.”

 

Commissioner Freedman asked, “is the Board not going to use this resolution?”

 

Chairman Maddox responded, “the resolution says, ‘consider donating’ and Commissioner Harper says, ‘negotiation.’

 

Chairman Maddox asked for a vote on the amended resolution; the motion carried 5-0-0 with Commissioners Holder, Harper, Adams, Freedman and Holman voting in favor.

 

Request Approval of a Bid for Landscape Work in Henry County.

 

Commissioner Harper said his recommendation was that we not award to the lowest bidder in this case.  “We need to go with the lowest and best; we have had experience with this particular vendor before which leads the staff to suggest to me that we go elsewhere.  I do not know the second lowest bidder’s qualifications.”

 

Chairman Maddox asked, “since the Purchasing Department recommended this one, is there a necessity for us to re-bid this?”

 

Mr. Patrick Jaugstetter, County Attorney, said, “you do not need to re-bid it; since the lowest bidder is not acceptable, you would go to the next lowest bidder and assume they are a qualified, responsible bidder.”

 

Commissioner Harper said, “I would suggest we are meeting next Thursday (March 25th) at a special Called Meeting, and that will give 1-l/2 weeks to study, because if we award it tonight, we are shooting in the dark.”

 

Commissioner Holder stated, “rather than say #2 bidder, I would like to see the Purchasing Department re-qualify those bidders; that is the proper way.”

 

Chairman Maddox directed his statement to Mr. Tommy Smith, Purchasing Department Director, and said, “if you would, take this and look at the next lowest bid and generate the Board something for us to review at the meeting scheduled for March 25th at 1:30 P.M.”   Mr. Smith agreed.

 

Commissioner Harper suggested, “I think we should go to the Recreation Department with this list and see who they have used in the past and who has done a satisfactory job.”   Commissioner Harper made a motion to table this until Thursday, March 25, 2004 at 1:30 P.M.; Commissioner Holman seconded; the motion carried 5-0-0 with Commissioners Harper, Holman, Freedman, Holder and Adams voting in favor.

 

Planning and Zoning Agenda:

 

Resolution Approving Streetlight Requests.

 

The owners of the following subdivisions have applied for the creation of a new streetlight district:

 

·        Watkins Glen, Unit 1, 6 Lights, 26 Lots, Georgia Power, District V

·        Watkins Glen Terraces, 8 Lights, 22 Lots, Georgia Power, District V

 

The Planning and Zoning Staff has reviewed and recommended approval of the requests.

 

Commissioner Holman made a motion to approve the resolution; Commissioner Harper seconded; the motion carried 5-0-0 with Commissioners Holman, Harper, Adams, Holder and Freedman voting in favor.

 

Rezoning:

 

Ron Reeser – Rezoning RZ-03-67 and Ron Reeser – Rezoning RZ-03-68 – District II. 

 

Mr. Ron Reeser was not present at the Board Meeting; Commissioner Freedman moved to table both of the rezoning requests for thirty (30) days for advertisement purposes.  Commissioner Holman seconded. 

 

Chairman Maddox stated, “he put it on the books and did not notify us.  Will he have to pick up the charge when this is readvertised?”

 

Mr. Danny Taylor, Economic Development Division Director, answered, “not if you institute the tabling.”

 

Chairman Maddox said, “if we are going to have to repay to advertise it…………”

 

Commissioner Holman asked for the cost.

 

Mr. Taylor answered, “$200.00 each.”

 

Commissioner Freedman said he did not think the Board should charge the applicant if the Board tables it.

 

Chairman Maddox said he thought it was unnecessary that we have to pay to readvertise these.   He stated Triad Investments, who is on the Agenda tonight, sent a notification for it.  “I do not feel it is right to take the taxpayers’ money and readvertise this.”

 

After a lengthy discussion, Commissioner Freedman moved to table RZ-03-67 for a period of thirty (30) days, if the applicant pays for the tabling fee.  Commissioner Holman amended his second.   The motion carried 5-0-0 with Commissioners Freedman, Holman, Harper, Adams and Holder voting in favor.   Commissioner Freedman moved to deny RZ-03-68; Commissioner Adams seconded. 

 

Commissioner Holder said, “if you are going to table one, then you should table both, because that gives Mr. Reeser the opportunity to be here to express in public what he desires and what he has actually applied for.  We are denying the one that has no hope, and saying the other one might.  It is all based on the fact he is not here tonight.  Table them both.”

 

Commissioner Freedman responded, “keep in mind he only applied for one thing on his second one; self storage is all he asked for.”

 

Commissioner Holder said, “I understand; that is your opinion.  But I think the whole Board needs to hear what he has to propose.”

 

Chairman Maddox agreed with Commissioner Holder.   He stated we should table them both until Mr. Reeser pays for the re-advertisement of both.

 

Commissioner Freedman amended his motion to table both of the rezoning requests pending the applicant paying the re-advertising fee for both of them to be heard.  Commissioner Adams amended his second; the motion carried 5-0-0 with Commissioners Freedman, Holder, Adams, Harper and Holman voting in favor of the motion.

  

Public Comments:

 

Mr. Rick Fretwell who resides at 195 River Trace Court, McDonough, Georgia asked to speak on the topic of ‘Lake Willow.’   “Lake Willow refers to the unnamed road running off of Willow Lane behind the Burger King next to Lowe’s.  It has been a problem for a couple of years.  I started checking into the problem, because I got tired of washing my pick-up truck.  This problem violates a number of different County, State and local codes.   I went to the County Planning to check with them, and then went to the city (Rodney Heard, Planning) and checked with them.  They said they knew about it, but could not do anything about it.  Then I went to the State and talked to Thomas Howell, Kimberly Hudgins and ended up with Mark Mastranardi who gave me some information on where they had done widening on Highway 20 that turned into a problem with the drainage.  He was called back in and did a study and found out the drain pipe, which had been installed properly under their supervision, was becoming clogged because of an EPA violation where the landscaping along the side of that road was causing silt to run down into it and stopping up the drain.  Mr. Gene Kael from the Burger King had someone to come out and clean the drain out, but did not do anything about the landscaping and it developed into the same problem again.  I have been checking with Michael Harris, Public Works Division Director; Charlie Tomlinson, Code Enforcement Director; and Commissioner Jason Harper about it.  I have also looked into the EPA guidelines, and based on the silt running down into the stormwater runoff, this is a definite violation.  The EPA does not regulate that; they pushed it down to the County level, which you gentlemen are responsible for.”

 

“I did some checking into your own codes.  According to Ordinance 02-21 Section 3-5-4 under Road Classifications, it classifies the private and public roads.  A public roadway is ‘a roadway where the general public has acquired an implied easement’ (which is the case with this unnamed road behind Burger King).  It was a private road, and according to your code, since the public acquired an implied easement, it became a public road at that point.  Under resolution 82-36 of your code section 2-2-37, it says, ‘it shall be the duty of the Board to maintain the public roads of the entire County.  Said Board shall have the authority to hire a superintendent of roads and such persons as may be necessary for the proper working of the roads and building bridges and keeping the same in repair and to pay the same out of County funds.’  The only question is when is the problem going to be resolved; how is it going to be resolved, and who is going to resolve it for us?  It is a bad reflection on the County to have this problem of a road, which the public is using, flood on a regular basis because a 22 inch pipe is being clogged with silt, and the County, the City and the DOT – nobody has any resolution to it.”

 

Commissioner Harper said, “that situation that forms the mini-lake has caused the Quik Trip on the corner to annex into the City of McDonough, because we have not fixed it, and it causes such run-off across the road and down into their parking lot.  I would like to make a motion that we amend the Agenda to add this item and also to approve for the County Attorney to review what he has shown me, because what he just said sounds logical.  If we are legally able to institute proceedings to either put a drain in that road or to require somebody to do it, we should do that immediately.  If that road can be closed legally prior to its repair, let’s do it to force them to assist us.   Commissioner Freedman seconded.   

 

Mr. Fretwell stated, “Mr. Mastranardi has come up with a resolution whereby that road can have the water redirected into the retention pond behind the Lowe’s.  I talked to the Manager, Mr. Larry Mudd, at Lowe’s and he said the only problem was, by doing that, it would damage their retention pond.  Mr. Mastranardi said his engineers from the State had already evaluated this, and it would not be a detriment to redirecting that flow over into the retention pond.”

 

Commissioner Harper said, “the retention pond is not six (6’) to ten (10’) feet away from the problem.”

 

Commissioner Holder said this is in his area and he is very familiar with this problem.   “The County Attorney has had correspondence with Burger King and QT, and it is not a situation where nothing has been done.”

 

Mr. Jaugstetter said, “Physically nothing has been done.  I have tried to convince Burger King who held title to the road to fix it; so far, no luck.   I think Commissioner Harper’s resolution would be the appropriate thing to do.”

 

Commissioner Holder said, “this has been a problem for a long time and it has compounded.  Since this is a private road the public has access to, why couldn’t we, out of public health, close it if no one wants to do anything to it.”

 

Chairman Maddox responded, “if you do that, then you are going to have those places come to us and say, ‘let’s fix it.’

 

Commissioner Holder said that is the point.

 

Mr. Jaugstetter said, “that is a possibility; I will have to look and see to what extent we can close a private road.”

 

Mr. Fretwell stated, “if the city has gone to Quik Trip and these other areas and said ‘we will resolve the problem for you if you annex in,’ and they do not have any more authority to resolve the problem than the County does, the County just lost that income from those commercial entities and the problem is still not solved.”

 

Commissioner Holman said, “it amazes me there has been this much work on this ‘lake.’  The asphalt is failing, and I am sure there is a realignment shop that is making a lot of business out of people going across there.  I hope the County Attorney uses all the power he has available to let those businesses know that Henry County taxpayers do not want to fix their private road.”

 

Commissioner Freedman called the question; Commissioner Adams seconded; the vote was 5-0-0 on the question to call the motion with Commissioners Harper, Holman, Adams, Freedman and Holder voting in favor.

 

Chairman Maddox asked for the vote on the motion; the motion carried 5-0-0 with Commissioners Harper, Holman, Adams, Freedman and Holder voting in favor.

 

Board of Commissioners:

 

Commissioner(s) Comments.

 

Commissioner Freedman said, “I was going over the Comprehensive Land Use Plan public review meetings with Mr. Danny Taylor, and I would like to ask the Board to do something in District II.   Regarding the public meeting on Tuesday, April 13th at 7:00 P.M., the location is Luella Middle School.  The last time one of these meetings was held at Luella Middle School, the turn out was very, very poor.   I have a better location and I have asked Mr. Taylor about it, and he has no problem with it.   I checked with the people at the location on Jonesboro Road (that is more central to the district), and I am going to change the location with the approval of the Board.  It will be the same date, Tuesday, April 13th at 7:00 P.M. at the McDonough Christian Church, 2000 Jonesboro Road.”  Commissioner Freedman made that a motion; Commissioner Adams seconded.

 

Chairman Maddox asked if this has been advertised?

 

Mr. Taylor responded, “we have published a schedule of the meetings, but we can change that schedule; there are no advertising requirements, but we will advertise it on the website and in The Henry Herald.

 

Commissioner Holder advised Mr. Taylor to make sure it is posted on the Luella Middle School where the meeting was originally scheduled to show it has been changed.

 

Commissioner Freedman added, “signs should be placed at both locations (the church and the school).” 

 

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

 

Approval of Minutes for the March 1st and 2nd Regular BOC Meeting and the March 8th Called BOC Meeting.

 

Commissioner Holman made a motion to approve the Minutes with amendments.

 

Commissioner Holder said he had a correction but could not find it when looking through the Minutes.

 

Chairman Maddox addressed the County Clerk, Susan Craig, “would you make note that there is a discrepancy between ‘Holman’ and ‘Holder’ in the March 8th Minutes near the end. 

 

Commissioner Holman said, “let me amend to accept the Minutes with the corrections that Commissioner Holder will offer later.”  Commissioner Adams seconded.  The motion carried 5-0-0 with Commissioners Holder, Holman, Freedman, Harper and Adams voting in favor.

 

Upcoming Meetings:

March 25, 2004    -  (Thursday)  1:30 P.M. Board of Commissioners Called Meeting

April 5, 2004        -  (Monday)    9:00 A.M. Board of Commissioners Meeting

April 6, 2004        -  (Tuesday)    9:00 A.M. Board of Commissioners Regular Meeting

April 19, 2004      -  (Monday)    9:00 A.M. Board of Commissioners Meeting

April 19, 2004      -  (Monday)    9:00 A.M. to 12:00 P.M. the Unified Development Code

                                                    Meeting

April 20, 2004      -  (Tuesday)    6:30 P.M. Board of Commissioners Regular Meeting

April 20, 2004      -  (Tuesday)    9:00 A.M. to 12:00 P.M. the Unified Development Code

                                                     Meeting

 

Andy Bunn – Rezoning RZ-03-63; Commissioner Harper – District III.

 

Andy Bunn of Locust Grove, Georgia requests a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for property located at 180 Gentry Drive, in Land Lot 75 of the 7th District.  The property consists of 32.0 +/- acres and the request is for a single-family residential subdivision.

 

Commissioner Harper said the report of the County Attorney is the residents and developer are currently in negotiation and have requested the matter be tabled.  “My motion is to table this for an indefinite time, and we will place it back on the Agenda.  The applicant will be responsible for paying the re-advertisement fee.”  Commissioner Adams seconded; the motion carried 5-0-0 with Commissioners Harper, Adams, Holder, Holman and Freedman voting in favor.

 

Dickerson Brothers – Rezoning RZ-03-47 – Commissioner Freedman – District II.

 

Dickerson Brothers of Atlanta, Georgia requests a rezoning from RA (Residential Agricultural) to C-3 (Heavy Commercial) to permit the development of a retail plaza, for property located at 1571 State Route 20 in Land Lot 192 of the 7th District, at the southwest corner of the future State Route 20 and Industrial Parkway intersection (Tax ID No. 075-01-011-000).  The property contains 6.5 +/- acres and the request is for a heavy commercial development. 

 

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 Commissioner reviewed and recommended approval of the request on February12, 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, glass or any combination thereof and the Department of Development Plan Review shall have architectural approval of the project.

2.      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.

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

4.      Dumpster(s) shall be gated and enclosed with a three-sided masonry wall being consistent with the façade of the building.

5.      A landscape plan shall be submitted and approved by the Department of Development Plan Review prior to the issuance of any building permits.

6.      Sidewalks shall be installed along all road frontages (State Route 20 and Industrial Parkway).

7.      Within the required planted buffer of forty-feet (40’) the existing vegetation shall be preserved, and where appropriate, additional vegetation shall be provided for adequate screening.  Additional vegetation shall be comprised of the following plant materials for each fifty linear feet (50’), or portion thereof, or as determined by Planning Staff:

a)               One (1) Canopy Tree

b)               One (1) Evergreen Tree

c)                One (1) Understory Tree

d)                Five (5) Shrubs

8.      The proposed retail development shall exclude Laundromats, taxi offices, Pawnshops, mortuaries, commercial kennels for the boarding of pets, and Mobile home sales lots.

 

Mr. Andy Welch appeared before the Board representing Dickerson Brothers and stated conditions #6 and #7 are problematic for his client.  “We do not have problem installing sidewalks; we only have a problem putting in sidewalks before anyone else has sidewalks.  Once they finish the roads, then it would be entirely appropriate to do that.  If the Water Authority adjacent to us would start a sidewalk then we could start running the sidewalk down; that would be fine.  We just need someone else to begin the installation for it to be worthwhile for us to do it.   We are happy to take a condition that says, ‘as soon as the property adjacent to us (the Water Authority) puts in a sidewalk, we will put in ours.’  Extending it down to Industrial Parkway will be fine, as long as the next property down, which is also the Water Authority, will do the same.  With Highway 20 and relocating Industrial Parkway to go right between these two, I do not see how it makes any sense to spend the money on sidewalks right now, only to have to destroy them later.”

 

Ray Gibson stated, “I talked to the Project Manager for the State Route 20 road widening, and he informed me that sidewalks are going to be as part of the plans to extend from the Interstate to the new proposed Industrial Parkway.   My issue is wouldn’t it be up to the Georgia Department of Transportation to decide if the sidewalks are going in there as part of their plans?”

 

Chairman Maddox asked if condition #6 should be in this resolution.

 

Mr. Gibson said, “I do not have a problem in removing it.”

 

Commissioner Freedman said, “if you put it in, at least you have run a cohesive sidewalk to the east.  I do not see any problem in leaving it in.”

 

Mr. Welch responded, “I do not disagree with that; but now is not the time to put in a sidewalk.”

 

Commissioner Freedman said it should be in conjunction with the State installing sidewalks along Highway 20.

 

Mr. Welch said, “regarding condition #7, the Henry County Ordinance on buffers (Section 3-07-192) states under part B, ‘a determination of incompatibility when determining whether a buffer, the size of the buffer, where it should be located,’ your Ordinance says, ‘the determination of incompatibility shall be based upon the existing character of the area in which the proposed action takes place.’  This property is surrounded by industrial uses; to the west is the Water Authority’s property and is zoned RA.   The property is being used completely for industrial purposes.   Under the M-1 designation, the uses of property are such as administrative facilities, including open storage.   As shown on the diagram, we would like to keep the existing pine trees.  There is already a buffer between the Henry County Water and Sewerage Authority’s property and the subject property.  We are happy to keep the trees there, and we would like a condition stating the trees would remain where they fall within the setback requirements.  Referencing the diagram, there is a line of pine trees separating, and I do not see any point in cutting those down.”

 

Commissioner Freedman asked if Mr. Welch would agree to an undisturbed buffer.

 

Mr. Welch responded, “that would be fine if it is just twenty (20’) feet, but we do not want to go to the forty (40’) feet that Staff is recommending, and we do not want to plant any trees.  We are happy to go with the landscaping plan since the County has a Landscaping Ordinance, but we do not want to go in and plant trees where trees already exist, and we do not want to be held to a forty (40’) foot buffer when the uses are compatible.  That is our only concern with condition #7.”

 

Mr. Gibson said, “based on the Zoning Ordinance, the buffer section, we can give a reduced buffer to twenty (20’) feet with a fence.  Other than that, or less than that, we would have to have the applicant apply for a variance.”

 

Mr. Welch responded, “your Ordinance plainly states that a determination of the buffer is left to you where it is based upon the compatible uses.   There is a section that talks about whether it is RA versus C-2, Residential versus Commercial, and Residential versus Industrial, but those are in guidelines.”

 

Mr. Welch, referencing the eight (8) conditions, said in condition #8 it would be nice to have a kennel if that is available, but otherwise, the rest of the conditions are fine if the Board sees fit to limit it to excluding commercial kennels.  That is fine, but I would prefer it to be in there because we do not have a place for commercial kennels.”

 

Commissioner Freedman moved to approve Dickerson Brothers RZ-03-47 application rezoning from RA to C-3 with the conditions #1 through #5 as listed, including condition #8 as listed, changing condition #6 to read, “sidewalks shall be installed along all road frontages of State Route 20 and Industrial Parkway in conjunction with sidewalks being installed along Georgia Highway 20,” and changing condition #7 to read, “trees will remain in an undisturbed buffer, no greater than twenty (20’) feet, where adjacent to other properties and a landscape plan should be drawn and approved by the Planning Staff.” Commissioner Adams seconded. The vote tied 3-3-0 with Commissioners Holder, Adams and Freedman voting in favor and Chairman Maddox, Commissioners Holman and Harper voting against the motion. 

 

Chairman Maddox said, “I will tell you the reason I am opposing is because of condition #8.  Where do you put kennels?  We have had this discussion before.  Why have condition #8 there?”

 

Mr. Danny Taylor responded, “we have a forthcoming text amendment that will allow kennels in M-1.”

 

Commissioner Harper said he would make an alternative motion to approve the rezoning with the same conditions Commissioner Freedman listed with the exception of condition #8 ‘allowing commercial kennels.’  Commissioner Holman seconded.

 

Commissioner Freedman said he could not understand why kennels were an issue.

 

The motion carried 4-1-0 with Commissioners Harper, Holman, Holder and Adams voting in favor and Commissioner Freedman voting against the motion.  (Chairman Maddox did not vote.) 

 

Commissioner Freedman stated, “I do not think we need kennels in that area, and I do not think the applicant wants kennels.  I don’t know why it was changed.”

 

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

 

(An Executive Session was held.)

 

 

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

 

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

 

            Commissioner Freedman made a motion to adjourn (8:50 p.m.); Commissioner Adams seconded; and the motion passed with Commissioners Freedman, Holder, Harper, Adams and Holman in favor.

 

                                                            Leland Maddox, Chairman

 

Peggy L. Malcolm, Deputy County Clerk