COUNTY OF HENRY                           




The Henry County Board of Commissioners held a Regular Meeting on Tuesday, May 4, 2004, at 9:00 A.M. in the Community Room of the 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.  Representing Henry County were:


                        Leland Maddox, Chairman (presiding)

                        Lee Holman, Vice-Chairman, District V Commissioner

                        Warren E. Holder, District I Commissioner

                        Gary M. Freedman, District II Commissioner

                        Gerry Adams, District IV Commissioner

                        (District III Commissioner Seat – temporarily vacant)


Also attending were Linda Angus, County Manager; Patrick Jaugstetter, County Attorney; Susan B. Craig, County Clerk; Peggy Malcolm, Deputy County Clerk; Rob Magnaghi, Deputy County Manager and Public Safety Division Director; Danny Taylor, Economic Development Division Director; Michael Harris, Public Works Division Director; Tom Couch, Human and Community Services Division Director; and others.


Chairman Maddox called the meeting to order and asked for an Acceptance to the Agenda.  Commissioner Holman stated, “we are going to use an Agenda dated May 3, 2004 that is marked at the top left ‘Final Amended’ which is slightly different than what was in our Exhibits.  The No. IV item is Announcements indicating that Cameron Development Corporation Rezoning (RZ-03-72) has been postponed.  The Hudgins Communities, Inc. – Modification of Zoning Condition (MC-02-04) has been postponed.  Item No. V has been changed to the Acceptance of the Agenda; therefore, I hereby move to accept the Agenda with the following amendments:  Item No. X is a District V DOT and SPLOST designation, and also under Item No. XII, the Board of Commissioners Approval of the Minutes for April 19th, April 20th, and April 28th, I am going to ask that these be adopted on our next meeting date, May 6th at 3:00 P.M., because a number of Members on the Board have not had an opportunity to fully read the Minutes.   Madam Clerk, referencing our Called Meeting on our Budget discussion on April 28th, I ask if you would expand those Minutes.  That concludes the Agenda amendments.”  Commissioner Freedman seconded for discussion.


Commissioner Freedman said, “first of all, it says under Item No. IV ‘the applicants have requested the Board to table the request;’ I do not think it was the applicants.  I think that was actually the County who did that.  The reason I bring that issue up is when we table it, we charge the applicant for the re-advertising; to clarify it I think we should say, ‘this is tabled at the request of Planning and Zoning.’  Secondly, referencing Item No. X (Agenda Amendments/Emergency Agenda Items), we agreed long ago we would not amend the Agenda except for emergencies.  We continue to put mundane and other issues that could be held at a regularly scheduled meeting and put it on the Agenda.  I do not think the road improvement thing is an emergency; my recommendation would be if it is not a true emergency, we not keep amending the Agenda, because it looks suspicious as if we are trying to put something on the Agenda that the public has not had prior notice.  I know that is not the case here, but sometimes perception is reality.  We should take No. X and move it to a scheduled meeting.”


Ms. Angus stated, “we would like verification on the problem with the Minutes.  The Board passed a resolution identifying the way they wanted the Minutes, and because the Clerk’s Office has completed them, we may have ten (10) meetings this month.  Is it your request collectively that you want the Minutes redone and expanded?”


Commissioner Holman responded, “the Minutes for April 19th and April 20th are quite satisfactory.  What has happened is they were given to us yesterday, and many of us have not had the opportunity to read them.  So if we are adopting, we are adopting Minutes that we have not had the opportunity to proof read.  On the April 28th Minutes, it is just a 2-page synopsis of the Minutes, and I would like to see them expanded as the other two dates are.  These Minutes were very important and referenced the Budget Hearing.  It is like we opened, discussed budget, and closed.”


Ms. Angus said, “the only thing about the Budget that may help this situation is that the Budget Packet is part of the Minutes, and all of the detail of the Budget is in the packet I created, and that may be why the Minutes are not detailed.”


Commissioner Adams asked Commissioner Holman, “would you consider adding this to a Regular Agenda instead of putting it on the Called Meeting because it is kinda violating what we had discussed?”


Commissioner Holman stated, “Mr. Chairman, I amend the amendment to the Agenda to strike No. X; so No. X will be vacant.”  Commissioner Freedman amended his second. 


Commissioner Holder said, “as far as the quality of the Minutes, I have no problem and have been very pleased with the quality.  It is just the matter of approving something we have not had a chance to look at.”


The motion carried 4-0-0 with Commissioners Holman, Freedman, Holder and Adams voting in favor. 


Resolution Pertaining to the Sale of Alcoholic Beverages for Packaged Sales of Beer and Wine.


Waide J. Fleming is the owner of Jodeco Shell Station to be built at 3452 Jodeco Road, McDonough, Georgia, and requests a license to sell packaged beer and wine from this location.  He has met the required specifications set forth in the Alcoholic Beverage Ordinance.


Commissioner Holman said he was absolutely elated with the plat that was provided.  “The only thing I have not figured out is where the store is on the plat, but I like the idea of the circles; it is very clear.”


Mr. Bruce McFarland represented the applicant, Mr. Waide J. Fleming.


Commissioner Holman made a motion to approve the resolution granting the license; Commissioner Holder seconded.  The motion carried 4-0-0 with Commissioners Holman, Holder, Adams and Freedman voting in favor.





1.      1.      Indian Creek Overlook, Phase II, 12 lights, 37 lots, Snapping Shoals EMC, District II.

2.      2.      Fears Mill, 19 lights, 237 lots, Central Georgia EMC, District II.

3.      3.      Rolling Meadows at Westridge, 25 lights, 90 lots, Central Georgia EMC, District II.

4.      4.      Whitestone, 7 lights, 15 lots, Central Georgia EMC, District II.

5.      5.      Melrose, Phase IV, 10 lights, 38 lots, Snapping Shoals EMC, District V.

6.      6.      Austin Oaks, 3 additional lights, 15 lots, Snapping Shoals EMC, District V.

7.      7.      Simpson Mill Plantation, 1 additional light, Georgia Power, District II.


Commissioner Freedman moved to approve; Commissioner Adams seconded.  The motion carried 4-0-0 with Commissioners Freedman, Adams, Holman and Holder voting in favor.



Resolution Denying a Rezoning Request – Hudgins Communities (RZ-03-56).


Hudgins Communities (RZ-03-56) has applied for a rezoning from RA (Residential Agricultural) to PD (Planned Development) to permit the development of a planned residential community, for property located on the eastern side of State Route 42 and to the south of King Mill Road in Land Lot 231 of the 7th District (Parcel ID Number 110-01-021-000).  The property contains 144.93 +/- acres and the request is for a planned development (District I).  All County and State requirements for legal advertisement and a public hearing have been met.  The Henry County Municipal Planning Commission reviewed and recommended denial of the request on February 26, 2004. 


Chairman Maddox asked Mr. Mike Horne, representing Hudgins Communities, to step to the podium. 


“First of all, I would like to hand out a few plans (site plan, master plan and a clubhouse).  We are here to ask for rezoning on approximately one hundred forty-four (144) acres on Highway 42 across from Midland Industrial Park south of McDonough.  We are asking for rezoning from M-1 to PD which is an R-2 and R-3 plan.  We meet all of the requirements of the Watershed Protection Ordinance, and we are asking for a mixture of about thirty-nine (39) acres of R-2 to the north portion of the property.  We have roughly thirty-nine (39) acres of each of the zoning classifications we are asking for, and then we also have about 36% of the property left in greenspace.  We have fifty-two (52) acres of the one hundred forty-four (144) that will be permanent greenspace and dedicated to the homeowners association.  There are two (2) creeks that feed Iris Lake; there is a small area of wetlands and a small three (3) acre lake on the property.  There are also wetlands within the creek bank itself (not outside the creek) and there is no flood plain.  I would say about five (5) acres on the whole site would be wetlands.”


Commissioner Adams asked, “on the R-3, is this going to be like townhomes?”


Mr. Horne stated, “it will be single-family detached homes, and what we would like to do in that area is do a senior adult community (55 and older).  We are actually the developer of the property that surrounds this, the Williamsburg Plantation.  We feel there is no senior adult living between Locust Grove and McDonough, and we would like to provide homes for 55 and over adults.”


Commissioner Adams asked the difference in R-2A and R-2B.


Mr. Horne replied, “basically we use the PD Ordinance to design different size lots; the Watershed Ordinance allows a quarter acre lot minimum in the limited development area.  Then the R-2 allows an 18,000 square foot lot, so we took those two lot sizes and we proposed the yellow lots be 18,000 square feet and the pink lots be quarter acre lots (looking at projected plans on screen).   The orange lots, sandwiched in between, are lot sizes somewhat in between the 18,000 and the 10,890 lots. That helps us cluster our lots so we can have more open space.”


“I have presented in the packet showing the water is available and we have a lift station at Williamsburg Plantation that will handle all of the sewer on the site.  We have done a traffic study, and everything came back positive; no improvements are needed with this project.  The surrounding zoning, as mentioned, is the Williamsburg Plantation, and we are asking for the same type zoning and density, same mixed use in housing.  We also own about sixty (60) acres on the front of Highway 42 and plan to leave it M-1.  We feel that is the best use for that property; there is a hundred (100) foot Georgia Power easement that separates the two properties, which serves as a natural divider between the two zonings.  We ask the Board to approve the request, and if you have any questions, I will be glad to answer them.” 


Chairman Maddox asked if there was any opposition to this request; there was none.


Commissioner Holder said he was very familiar with the property.  “If you would look to Iris Lake on the right, that is part of the two streams that head up Tussahaw Creek which, in turn, ends up being Tussahaw Reservoir.  The one hundred (100’) foot buffer to your left of the plan, is a natural buffer by the Georgia Power overhead power line.  If this zoning was going to be residential all the way to Highway 42, I would oppose it until the end because along Highway 42 needs to be industrial.  If you would look to the left of this proposal you will see, just to the left of Highway 42, Norfolk Southern Railroad and just to the west of that is I-75.  With all of that, it makes for an industrial area.  This is an addition to the zoning that Hudgins Communities currently has.”


Commissioner Holder made a motion to approve the Resolution with the following eleven (11) conditions; Commissioner Freedman seconded.


1.      1.   The overall net density shall not exceed 1.75 dwelling units per acre.

2.      2.   The minimum house size shall be 1,500 square feet (heated space).

3.      3.   All houses shall have a front consisting of brick, stone, stucco, or any combination thereof; the remainder shall be constructed of masonry material (Hardiplank).

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

5.      5.   The developer shall install sidewalks on both sides of the street and along the frontage of the development.

6.      6.   All yards shall be fully sodded.

7.      7.   Underground utilities and streetlights shall be required.

8.      8.   A walking trail, that is eight (8’) feet wide and meets the ADA (Americans with Disabilities Act) requirements, shall be provided within the development to increase connectivity. 

9.      9.   There shall be no clear cutting.

10.  10.  Landscaped buffers of one hundred (100’) feet and forty (40’) feet shall be provided along the western (Georgia Power easement) and southern property lines respectively.  Within the required planted buffers 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 (50’) feet, or portion thereof, or as determined by the Planning Staff:

a.       a.    One (1) Canopy Tree

b.      b.    One (1) Evergreen Tree

c.       c.    One (1) Understory Tree

d.      d.    Five (5) Shrubs.


11.  11.  The developer shall install acceleration and deceleration lanes

at both the proposed entrances along SR 42 in accordance with

Georgia Department of Transportation and the Henry County

Department of Transportation construction standards.


Commissioner Holder asked Mr. Horne if he was agreeable to the eleven (11) conditions.


Mr. Horne said, “yes, but I do have one question about condition #10.  It states there will be landscaped buffers of one hundred (100’) feet and forty (40’) feet along the western Georgia Power easement and southern property lines.  The one hundred (100’) foot buffer is technically not a buffer; it is a power easement.  We do have a forty (40’) foot buffer behind that.  I just wanted to clarify that, so we do not have an additional one hundred (100’) feet behind that.   So that when the industrial comes back and is developed, there will be another forty (40’) feet; once it is all done, there will be one hundred, eighty (180’) feet based on the Zoning Ordinance.”


Commissioner Adams asked if the existing buffer was treed. 


Mr. Horne said, “yes, that whole property is planted pines on the front which makes a nice buffer.”


Commissioner Holder said he had a question referencing condition #6 – all yards shall be fully sodded.  “Do you agree?”


Mr. Horne said, “that will not be a problem.”


Commissioner Freedman asked, “are you willing to designate as a condition that the R-3 area will be for adults 55 and over?”


Mr. Horne answered, “yes.”


Commissioner Freedman said he would like to make that a condition, because that is a smaller lot and normally that is done.


Commissioner Holder said that will become condition #12.


Commissioner Freedman said, “I think it is admirable to preserve 36% greenspace.  If we don’t start trading off greenspace for lot sizes, we are not going to have any greenspace.  I think this is the way to go.”


Commissioner Freedman asked, “were the wetlands taken out of your gross in order to get your net?”


Mr. Horne answered, “yes; I do not have the exact number.  The wetlands were actually pretty small with the exception of the lake.  We figured about five (5) acres.”


Commissioner Freedman asked, “because of those streams’ proximity to Iris Lake, can we put a condition in there about stream protection, silt fences, straw bales and everything they have to do and just make that a condition so it is put into the record?”


Commissioner Holder said, “they should have to comply.”


Mr. Horne stated, “we are probably going to do tree protection, because there are some really nice trees in the buffer areas.”


Commissioner Holder referenced condition #13  “I would like to add that the greenspace area be titled to a homeowners association.”


Commissioner Freedman said, “we have approached an 1,800 square foot as the minimum; what are our chances in getting you to go for that?”


Mr. Horne responded, “that would probably work in the R-2 in the ‘55 and over;’ we have some of them at 1,600 square feet in order to do a ranch plan.”


Commissioner Freedman said, “would you be willing to do a minimum 1,800 square feet in R-2 and 1,500 square feet, 50/50 in the R-3?”


Mr. Horne said that would be fine; that would work.


Commissioner Freedman asked for that to be made a condition.   Commissioner Holder said he would accept that condition as an amendment to the motion.  Commissioner Freedman seconded.


Commissioner Holman referenced condition #3, “it states, ‘all houses shall have a front consisting of brick, stucco, stone or any combination thereof and the remainder shall be constructed of masonry material (Hardiplank).’  Since you are building a retirement community, how would you respond to an all brick community with your vinyl and Hardiplank for accents to allow these homes to be as maintenance free as possible?”


Mr. Horne responded, “that is a good question.  We have thought about that; would the R-2 be all brick also?”


Commissioner Holman said, “yes.  Stone and brick for all sides; the vinyl and Hardiplank for accents, facia and overhangs.”


Mr. Horne said, “the retirement community would probably be o.k., but the R-2 will actually have a road connecting to Williamsburg Plantation, and I know we have homes already under construction in that area that are not all brick.  Could we go all brick for the retirement community and do 3-sides brick on the R-2?”


Chairman Maddox said he had a statement he would like to make.  “Week before last I met with the ARC, and one of the things they brought up was in Henry County we are taking a lot of our commercial and industrial land and developing it in residential.  It is a concern not only to people in Henry County, but also a concern of the ARC.  The land you want to develop could be used to build a commercial or industrial site, and that is something we are lacking an awful lot.”


Commissioner Holder said he wanted to amend condition #3 that all homes in the retirement community to be constructed of all brick, and in the R-2 the homes would consist of 3-sides brick.   Commissioner Freedman amended his second.


The motion carried 4-1-0 with Commissioners Holder, Freedman, Holman and Adams voting in favor, and Chairman Maddox voting against.



Resolution to Determine Administrative Appeal on Denial of a Land Disturbance Permit.


            Whereas, on December 16, 2003, Shawshank Ltd. was granted a rezoning by the Henry County Board of Commissioners for property located on Kelleytown Road near Georgia Highway 20 in Land Lot 118 of the 11th District (RZ-03-41 and RZ-03-56); and


            Whereas, the December 16, 2003 rezoning contained condition number 18, which reads as follows:


          The property shall be developed as shown on the composite plan for Shawshank, Ltd., dated December 11, 2003, prepared by Frontline Surveying and Mapping, Inc., which composite plan shall be made part of the record of the official minutes reflecting the Board’s action.

; and


            Whereas, the Development Plan Review Department interpreted zoning condition number 18 to require strict compliance with the composite plan referenced therein; and


            Whereas, the construction plans submitted by Shawshank, Ltd. varied slightly from the concept plan referenced in condition number 18; and


            Whereas, because of the variation between the construction plans and the concept plan, the Development Plan Review Department denied the application for permit of Shawshank, Ltd.; and


            Whereas, Shawshank, Ltd., by letter dated April 23, 2004, requested an appeal to the Board of Commissioners of the interpretation of zoning condition 18 by the Development Plan Review Department;


            Now, Therefore, Be It Resolved and It Is Hereby Resolved by the Board of Commissioners of Henry County as follows:


1.         That the Board of Commissioners will hear the appeal of Shawshank, Ltd. from the administrative decision of the Development Plan Review Department.


2.         That the decision of the Board of Commissioners is as follows:


            (Select One)


            ________        The appeal by Shawshank, Ltd. is granted and the decision of the Development Plan Review Department refusing to approve the constructions plans is hereby reversed.  The Development Plan Review Department is directed to approve the construction plans notwithstanding any minor variation between such construction plans and the concept plan reference in zoning condition number 18.


            ________        The appeal by Shawshank, Ltd. is denied, and the decision of the Development Plan Review Department refusing to approve the construction plans is hereby affirmed.



Commissioner Holman made a motion to approve the first choice on the resolution which is ‘the appeal by Shawshank, Ltd. is granted and the decision of the Development Plan Review Department refusing to approve the construction plan is hereby reversed.  The Development Plan Review Department is directed to approve the construction plans not withstanding any minor variation between such construction plans and the concept plan referenced in zoning condition #18.’  Commissioner Adams seconded. 


Mr. Steve Shafer, Development Plan Review, stated he had given the Board two (2) plans, one marked ‘approved’ and one marked ‘proposed.’  “If you look at the one marked ‘approved,’ there is a small cul de sac in the lower left-hand side.  Basically, that cul de sac was removed and an eyebrow placed there and one additional eyebrow was placed on a different curve.  He went from forty-four (44) lots in the proposed plan and reduced this to forty-three (43) lots.  But it did not match with what was approved; therefore, we were not allowed, even though it was a minor variation and because of condition 18, to approve that.   We have no problem with the Board making that change.”


There was no opposition to this request.


There were no questions from the Board.


The motion carried 4-0-0 with Commissioners Holman, Freedman, Holder and Adams voting in favor.



Public Comments:


There were no public comments.



Board of Commissioners Comments:


Chairman Maddox stated the approval of the Minutes had been tabled until Thursday, May 8, 2004. 



Upcoming Meetings: 


5/06/04            Thursday          3:00 P.M.         Called BOC Meeting with HDR Consultants


5/11/04            Tuesday           9:00 A.M.        Called Meeting regarding the Budget


5/17/04            Monday           9:00 A.M.        Regular BOC Meeting


5/18/04            Tuesday           6:30 P.M.         Regular BOC Meeting


5/19/04            Wednesday      9:00 A.M.        Called Meeting regarding the Budget


5/20/04            Thursday          Time to be        1st Special Session Workshop for discussion

                                                Determined       regarding Stormwater Utility.


5/25/04            Tuesday           10:00 A.M.      Traffic Incident Management Enhancement

                                                      to               Task Force Meeting in Conf. Room “B”

                                                12:00 noon


5/31/04            Monday                                   Holiday / Memorial Day



Today (May 8, 2004) there will be a luncheon with the Henry County Water and Sewerage Authority to discuss stormwater and topics of mutual interest.   Also at 2:30 P.M., the Board of Commissioners, County Manager, County Clerk, County Attorney and Deputy County Manager will travel to Haisten Funeral Home in Jackson, Georgia.


Commissioner Freedman referenced the May 6, 2004, Called BOC Meeting with HDR Consultants at 3:00 P.M. and stated this meeting is also with the Steering Committee.


Chairman Maddox said, “we do have something the Board needs to discuss in Executive Session.”


Commissioner Holman moved to amend the Agenda to add an Executive Session for purposes of discussing the acquisition of real estate, personnel matters, and potential litigation; Commissioner Holder seconded.  The motion carried 4-0-0 with Commissioners Holman, Holder, Adams, and Freedman voting in favor.


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.


Chairman Maddox stated, “we had a Commissioner to resign yesterday, and I am to let you know that we are going to make an appointment to fill the vacancy very soon.  The County Attorney has determined it is the Board of Commissioners’ responsibility to make that appointment to finish out the term.”


Commissioner Freedman asked if the Chairman wanted nominations.


Chairman Maddox said the Board will be taking nominations.


Commissioner Adams seconded the motion.  The motion to adjourn carried 4-0-0 with Commissioners Holder, Adams, Holman and Freedman voting in favor.


(An Executive Session was held.)


Commissioner Holman made a motion to reconvene into public session; Commissioner Adams seconded; and the motion passed by a vote of 4-0, with Commissioners Freedman, Holder, Holman, and Adams in favor.


Commissioner Holman made a motion to sign an affidavit in support of the Chairman pertaining to executive session; Commissioner Adams seconded; and the motion passed by a vote of 4-0, with Commissioners Freedman, Holder, Holman, and Adams in favor. 


Commissioner Holman made a motion out of public necessity to amend the agenda to add the resolution for approving and authorizing economic incentives and also a resolution accepting inventory freeport exemption.  Commissioner Holder seconded; and the motion passed by a vote of 5-0, with Commissioners Adams, Freedman, Holder Holman, and Chairman Maddox in favor


Commissioner Holman read a resolution for the purpose of approving and authorizing economic incentives for economic development project “Heaven” as presented by the Henry County Development Authority. 


Commissioner Holman made a motion to approve this resolution (Resolution No. 04-132); Commissioner Adams seconded.  The motion passed by a vote of 4-0, with Commissioners Adams, Freedman, Holder, and Holman in favor.


Commissioner Holman read a resolution accepting inventory/freeport exemption returns of Snapper Products, Inc.


Commissioner Holman made a motion to approve this resolution (Resolution No. 04-155); Commissioner Adams seconded.  The motion passed by a vote of 4-0, with Commissioners Adams, Freedman, Holder and Holman in favor.


Commissioner Holman made a motion to recess until 11:30, at which time there will be a luncheon with the Henry County Water & Sewerage Authority; Commissioner Freedman seconded.  The motion passed by a vote of 4-0 with Commissioners Adams, Freedman, Holder and Holman in favor.


The meeting reconvened at 11:53 a.m. with the Henry County Water Authority.

Chairman Maddox called the meeting to order.  Present from the Water Authority were Ken Phillips, Al Smith, Ray Rainer, Christie Conner-Tate, Darrell Walker, all Water Authority Board members.  Lyndy Farmer, Kim Osbourne, Pat Hembree and Roderick Burch.


Chairman Maddox turned the meeting over to Ken Phillips.  Mr. Phillips called the Water Authority meeting to order. Christi Conner-Tate made a motion to accept the agenda; Al Smith seconded.  The motion passed by a vote of 5-0 by the Water Authority.


Ray Rainer made a motion to amend the agenda to add discussion regarding Stantec and Arcadis; Darrell Walker seconded the motion.  The motion passed by a vote of 5-0 by the Water Authority.


Mr. John Dean, Arcadis, gave an update on the current construction projects.  The Upper Walnut Creek interceptor sewer will provide serve to the Dutchtown Schools and up to Lake Irma.  There is a gap that will be filled in the year 2005 between the Upper Walnut Creek to bring the flows down (by gravity) to the new Walnut Creek interceptor sewer. There are developer contributions and also a contribution by the Henry County Board of Education for this construction.  The projected expansion of Walnut Creek is in the 2008-09 time frame.  This expansion will expand from 4 to 8; from 8 to 12; and 12 to 16 million gallons a day with the first expansion (from 4 to 8) in the 2008-09 time frame. 


            Mr. Dean stated Metro North Georgia projects the 2033 need of 33 million gallons of waste water treatment capacity.  Commissioner Adams asked what is being treated at this time.  Lindy Farmer stated the Camp Creek Facility is only 1.5 million permitted capacity.  Commissioner Freedman asked how many homes this number represents.  Mr. Farmer stated it would be approximately 13,300 residents. 


            Mr. Dean also added the Springdale plant is 2 a million gallon per day plant and it’s at capacity, the Little Cotton Indian Interceptor which will also flow down the Walnut Creek plant will take the excess of over 2 million gallons from the Springdale plant. 


            Mr. Dean discussed the site on Crumbley Road, which is Clayton County Water Authority’s alternate raw water intake. The Henry County Water Authority has purchased, from Clayton County, a portion of this property to build the Big Cotton Indian pump station, which will accept the flows from Little Cotton Indian basin and Big Cotton Indian basin.  Under construction currently is the pump station on the site along with the interceptor line that runs up to Big Cotton Indian to the confluence of Little Cotton Indian and then south along Little Cotton up to Springdale that will relieve the Springdale moratorium.  These projects are under way, the contractual completion dates are late December 2004.  The completion of this construction would relieve the moratorium.


            Commissioner Freedman asked if completion of this project alone would lift the moratorium.  Are there other steps beyond the completion of this construction?  Mr. Farmer answered the completion of this project would be all that’s needed. 


            Mr. Dean stated Big Cotton Indian interceptor currently is scheduled in the capital plan for 2006.  Bear Creek will be expanding to approximately a million or a million and a half gallons per day it is scheduled for late this year or next year.  Indian Creek is a million and a half gallons per day which is projected a 2006 expansion from one and a half million to three million gallons per day in the capital plan.


            Commissioner Freedman asked if Bear Creek was near capacity.    Mr. Dean answered no, it’s a quarter of a million permitted with a million gallon holding pond for race weekends.  An accommodation to the City of Hampton has lead this plant to go beyond capacity a few times but the City of Hampton has cut back.  They are working on their sewer system and they have improved their plant. 


            Commissioner Freedman asked if the Authority knew why the City of Hampton decided it would be more cost effective to do their own treatment and expand to build a plant that would just stay in their system.  Christi Conner-Tate answered the City of Hampton feels they are not encouraged to cooperate with the County.  They are concerned if they don’t take care of their own they will not have control of their own development. 


            Mr. Ken Phillips addressed the land application previously discussed.  The Walnut Creek facility is being built so high level treatment can be added to this facility in the future. Twenty years from now the Water Authority will be aggressively treating and reusing.  This is one reason the Authority is aggressive on sewer, because environmental issues are very important. 

            Commissioner Freedman asked what percentage of water is recycled.  The Water Authority stated none at this time.  Mr. Dean stated a modest amount will be recycled at the Indian Creek plant.  Mr. Farmer stated the Walnut and Indian Creek plants have been designed to be retrofitted for a higher level of treatment. 


            Mr. Gary Garrettson addressed the Boards giving a brief overview of the recent projects of the Authority.  There have been improvements at the existing Towaliga water treatment plant.  There is a pump station elevated tank on Highway 81 for a water plant and reservoir.  The East Lake Road pump station has recently been expanded.  Plans were recently sent to EPD for review for a one million gallon elevated tank on the north end of the county.  There is a five million gallon tank existing at the East Lake Road pumping station and there will be an addition of five million gallons for a total of ten million gallons of storage at this station.  The purpose is to meet peak demands and help fill the tanks in the Hudson Bridge Road area and also the upper end of the County.


            Commissioner Holder stated there has been concern regarding Peeksville Road.  Gary Garrettson responded the preliminary bridge design has been reviewed and approved by the Department of Transportation and the project is moving forward. 


            Commissioner Freedman asked for an update regarding a lawsuit from Ignatious Kosier.  The County Attorney stated this case has been resolved. 


            Chairman Maddox stated staff would address the Boards regarding the stormwater utility.  Danny Taylor stated Jim Luebbering was hired in February as the Stormwater Manager.  In talking with Jim a goal was set to try and have everything up and running to meet the September tax billing.  The first step was to adopt the stormwater regulations (blue book).  Arcadis was hired to assist in meeting the September tax billing.


            Jim Luebbering stated there are forty thousand single family parcels and five to seven thousand commercial parcels, so there will be a data base of fifty thousand records that we'll need to have precise impervious service data.  This is what Arcadis is assisting the County with.  This information is gathered from the Tax Assessors and the GIS department.  This is the majority of Arcadis’ task, along with putting together a utility ordinance.  The budget has been updated.  The expense expected to top out in 2005-06 is approximately $3 million dollars in cost to implement the NPDS Permit and to implement all the stormwater management programs needed.  The first training on the Georgia Stormwater Management Manual is soon.  There will be thirty to forty consultants going thru the manual and Jim will train them according to the manual, regarding what is needed to improve water quality.  Development will change when the manual is enforced. 


            Christi Conner-Tate asked what the County’s plans for enforcing the manual are.  Jim stated presently there are temporary construction site personnel that are doing erosion and sediment control inspections.  They are enforcing silt fences and all the measures needed to keep the sediment from moving off site into the rivers and the lakes.  After a site has been stabilized the stormwater program will bring on permanent stormwater inspectors that will inspect the ponds that are being built indefinitely.  Jim elaborated on the responsibility of retention ponds and how it relates to the stormwater program.


             Jim stated at the May 20, 2004 Board of Commissioners meeting Arcadis will address the stormwater utility.


            Commissioner Holman asked if the Water Authority had an approximate number of billings they have per month.  Mr. Burch stated approximately 45,000 customer bills per month. Commissioner Holman added since the County has about 30,000 parcels and the Water Authority has 45,000 monthly bills, Arcadis can tell us what income stream is needed and the Water Authority can send it out monthly.  The Chairman stated the legality of that will need to be looked into.  Mr. Burch stated a bill is not sent to every parcel of land, some people are on wells and there are four cities that charge. 


            Commissioner Freedman moved to recess the meeting.  Commissioner Holder stated the meeting with the Water Authority is an important meeting and recommended a quarterly meeting.  Chairman Maddox stated he will get with the Water Authority and do the same that is being done with the Board of Education.


            Darrell Walker commented he is impressed with Jim Luebbering and how he has started the stormwater program. 


            Commissioner Adams seconded the motion to recess the meeting. The motion passed 4-0-0 with Commissioners Adams, Freedman, Holder, and Holman.


            The Water Authority adjourned their meeting.


            The Board of Commissioners traveled to Haisten’s Funeral Home for visitation with Officer Jimmy Gilbert’s family.




                                                                        Leland Maddox, Chairman


Peggy L. Malcolm

Deputy County Clerk