Also attending was: Cheri Hobson-Matthews, County Manager; Patrick Jaugstetter, Attorney for the County; and Stephanie Braun, County Clerk.

Transcription

1 Page 1 of 16 STATE OF GEORGIA COUNTY OF HENRY The Henry County Board of Commissioners held a Regular Public Meeting at 9:00 a.m., on Tuesday, April 4, 2017, in the Community Room, County Administration Building, at 140 Henry Parkway, McDonough, Georgia. Notice of this meeting was posted in the entrance foyer of the County Administration Building. The Daily Herald was notified of this meeting. Those present were: June Wood, Chair Johnny Wilson, District I Commissioner Dee Clemmons, District II Commissioner Gary Barham, District III Commissioner Blake Prince, District IV Commissioner Bruce Holmes, District V Commissioner Also attending was: Cheri Hobson-Matthews, County Manager; Patrick Jaugstetter, Attorney for the County; and Stephanie Braun, County Clerk. INVOCATION The Invocation was given by Susan Bennett, Pastor, Stockbridge Presbyterian Church, 4740 N. Henry Blvd., Stockbridge, GA. PLEDGE OF ALLEGIANCE The Pledge of Allegiance is recited. CALL TO ORDER June Wood, Chair, called the Regular Public Meeting of the Henry County Board of Commissioners for 9:00 a.m., Tuesday, April 4, 2017, to order. ACCEPTANCE OF THE AGENDA Chair Wood announced that the following Agenda items, advertised for this meeting, have been removed from today s meeting, as follows: XIV. PLANNING & ZONING (E) Public Hearing: (AP-17-02) Drew McCrite of McDonough, GA requests an appeal of the ZAB decision to deny a Conditional Use request for an event facility. The property located at 287 Rocky Creek Road in Land Lots 237 of the 6 th District, consists of /- acres. District II. XV. COUNTY MANAGER Resolution to adopt the Henry County Employee Health Insurance Plan. Chair Wood then called for a motion to accept the amended Agenda. Gary Barham, District III Commissioner, made a motion to amend the Agenda by removing the above-stated items; Johnny Wilson, District I Commissioner, seconded the motion. The motion was carried unanimously (6-0-0).

2 Page 2 of 16 PROCLAMATION FAIR HOUSING MONTH Melissa Robinson, Communications Director, read the following Proclamation into the record: PROCLAMATION RECOGNIZING APRIL AS FAIR HOUSING MONTH WHEREAS, in April of each year, America celebrates the signing of the Civil Rights Act of 1968, enacted under President Lyndon Johnson, following the aftermath of the assassination of the Reverend Dr. Martin Luther King, Jr.; and WHEREAS, Title VIII of the Act is commonly known as the Fair Housing Act ; and WHEREAS, the Fair Housing Act enunciated a national policy prohibiting discrimination concerning the sale, rental and financing of housing based on race, color, religion, national origin, sex and, as amended, disability and familial status; and WHEREAS, April 11, 2017 marks the 49 th anniversary of the passage of the Fair Housing Act; and WHEREAS, Fair Housing means that our communities are open and welcoming, free from housing discrimination and hostility, consisting of neighborhoods of opportunity where our children can attend quality schools and our environment allows us to be healthy, and economic opportunities and self-sufficiency can grow; and WHEREAS, the Fair Housing Act remains relevant in 2017, for the continued elimination of discrimination in housing opportunities, and to affirmatively further fair housing choices for all U.S. residents; and WHEREAS, illegal barriers to fair housing opportunities, no matter how subtle, diminish the rights of all; NOW THEREFORE, BE IT PROCLAIMED that the Henry County Board of Commissioners commitment to Fair Housing is a living commitment, a shared goal and responsibility of supporting fair housing opportunities for all persons, and they join in the national celebration by proclaiming April 2017 as Fair Housing Month and encourage all agencies, institutions and individuals, public and private, that Henry County, Georgia, is to abide by the letter and spirit of the Fair Housing law. This 4 th day of April, 2017 By: June Wood, Chair Attest: Stephanie Braun, County Clerk PHOTOGRAPHS ARE TAKEN Shannan Sagnot, CDBG Director, announced that there will be a Fair Housing Training at the Fairview Public Library on Friday, April 7, 2017, at 1:00 p.m.

3 Page 3 of 16 PRESENTATION - HENRY COUNTY CONVENTION & VISITORS BUREAU Laura Luker, Director of Tourism, explained that she is presenting a recap from last year. Hotel-Motel tax is split in two - 60% is considered unrestricted and is collected by the county and used for county-appropriate purposes; 40% is mandated to a private non-profit for the promotion of tourism and is considered restricted funds for the promotion of tourism, for which the Henry County Convention & Visitors Bureau is responsible. More detailed information about her presentation was in the Board s packet, along with a breakdown of what is considered allowable expenses with the restricted funds, which can only be spent for the promotion of tourism to the county. Ms. Luker explained that the most recent economic impact data available is from the Georgia Department of Economic Development s study completed for 2015, about a year behind. Tourists spent approximately $253 million dollars in Henry County, contributing about $7.29 million dollars in local taxes to the economy, translating to a tax savings for Henry County in the amount of $256 per household. The Convention & Visitors Bureau website and Visitors Guide is produced every year, along with digital ads and billboards. The Visitors Guide provides a full list of all the attractions, restaurants and hotels inside Henry County, and 30,000 of these are printed and distributed statewide. Events are promoted, such as the Nash Farm Farmer s Market and the Veterans Museum, with these restricted funds. A new website is also being developed, making it more device-user friendly, such as cell phones. A new campaign, History Has a Name, has also been developed, highlighting homegrown attractions and restaurants within Henry County. Ms. Luker went on to explain that placing ads is not enough anymore and that Henry County attractions should be talked about by third parties, and a media agency has been hired to assist in writing and distributing travel blogs for travel sites for positive publicity and feedback from third party visitors. An article was picked up recently by the Chattanoogan website, highlighting good places to eat and things to see in Henry County. A Travel Media Press Room has been built out, giving journalists 24-hour access to photos, videos and facts relating to Henry County. Third party endorsements are important, and in 2015 the CVB has worked with bloggers and travel writers, which has proven to yield favorable results. Dee Clemmons, District II Commissioner, expressed her appreciation for Ms. Luker s presentation. She stated that she attended the Georgia Tourism and Film Industry event, which enlightened her on how important the homegrown businesses are here through the CVB. Regarding the three digital billboards, the District II Commissioner wanted to know those locations; Ms. Luker responded that one is north of Jonesboro Road in Morrow, on I-75, facing the southbound traffic; another one is north of Hudson Bridge-Eagles Landing exit on the right hand side, also heading southbound; and the third is on the left hand side, just north of the Jodeco Road exit. The District II Commissioner asked if these partners are members of the Henry County Chamber of Commerce; Ms. Luker responded that if a tourism business is located within unincorporated Henry County (such as in the City Limits), they can be considered tourism partners, along with any business in the hospitality industry located within the boundaries of Henry County and they do not have to be members of the Henry County Chamber of Commerce. When asked how the bloggers and website designers are chosen, Ms. Luker responded that for the website, the designers were sent a Request for Proposal, the top 5 choices were then interviewed, and the Convention & Visitors Bureau Board then narrowed that list down to a couple, who then had additional/follow-up questions and then the Board picked the one that it felt would best meet its needs. For the bloggers, the CVB Board picked those who best meet the audience. Commissioner Clemmons noted that on the expenditures that the Heritage Museum is listed and that the monies are listed which go back to the organizations that can be used. She would like to see all of the Parks & Recreation to go on that list as well, for their events. She asked why that has not been done; Ms. Luker responded that under Veterans Museum, that listing was used under the $18,300 county

4 Page 4 of 16 portion. Georgia Public Broadcasting ads were done, as well as photos and new brochures, and Cotton Fields Golf Course ads. Chair Wood asked the Director of Tourism to restate the impact of the Convention & Visitors Bureau to the county; Ms. Luker responded that the overall impact of tourism gave a tax savings to Henry County residents of approximately $256 per household. Tourism money is new money which does not require services, such as schools, EMS personnel, or other services; in essence, this free money coming in gives relief to taxpayers. There being no further questions or comments from the Board, Ms. Luker concluded her presentation. DISTRICT II APPOINTMENT TO THE ZONING ADVISORY BOARD A Resolution appointing Susan King to represent District II on the Zoning Advisory Board, to fill an unexpired term (expiring 12/31/2018). There being no questions or comments from the Board, Commissioner Clemmons made a motion to approve; Blake Prince, District IV Commissioner, seconded the motion. The motion to approve Resolution was carried unanimously (6-0-0). CONSENT AGENDA Chair Wood advised that the following items shall be considered on a Consent Agenda. Before voting on the Consent Agenda, Commissioners will have the opportunity to add or delete items. Public Safety EMA A. HCPD: Resolution requesting authorization to use Asset Forfeiture and Seized Funds to pay educational training costs for Deputy Chief Mark Amerman to attend Command College in Columbus, Georgia. Exhibit #1 Resolution A. Resolution authorizing execution of the Statewide Mutual Aid Agreement with local county government and Georgia Emergency Management Agency (GEMA). Exhibit #2 Resolution Transit A. Resolution approving Amendment #1 to the Federal Transit Administration (FTA) Funding for FY Exhibit #3 Resolution DUI/Drug Court A. Resolution approving Memorandum of Understanding in conjunction with DUI/Drug Court State Certification. Exhibit #4 Resolution

5 Page 5 of 16 Juvenile Court A. Resolution allowing Henry County Juvenile Court to apply for a grant from the Criminal Justice Coordination Council (CJCC) to fund on-going evidence-based programs for high risk juvenile offenders. Exhibit #5 Resolution Senior Services A. Resolution authorizing Senior Services to accept Amendment #1 to the Community Services Block Grant (CSBG) contract for FY Exhibit #6 Resolution Building & Plan Review A. Resolution approving request for the creation of a new Street Light District for The Heron Bay, Phase II on Highway 155. District I. Exhibit #7 Resolution B. Resolution approving request for the creation of a new Street Light District for The Wrangell Subdivision on North Carmel Road. District II. Exhibit #8 Resolution There being no changes, Bruce Holmes, District V Commissioner, made a motion to approve the Consent Agenda; Commissioner Barham seconded the motion. The motion to approve the Consent Agenda was carried by unanimous vote (6-0-0). FACILITIES MAINTENANCE Transfer of Contingency Funds Resolution authorizing Budget Amendment to transfer Contingency Funds to Facilities Maintenance Funds in the amount of $13, for flooring replacement at the lower level hallway in the Administration Building due to safety hazard. Exhibit #9 Hutch Purvis, Facilities Maintenance Director, explained that this is for the west side hallway, specifically, where the floor has buckled and has presented a safety hazard for employees and the general public. Staff recommends approval of replacement. There being no questions or comments from the Board, Commissioner Barham made a motion to approve; Commissioner Prince seconded the motion. The motion to approve Resolution was carried unanimously (6-0-0). Henry County Health Complex Resolution approving the bid award for HVAC Units for the Henry County Health Complex. Exhibit #10 Mr. Purvis gave a brief explanation of the details outlined in the Executive Summary for the Board. Staff seeks approval of award of bid for the purchase of the HVAC units to the lowest bidder, Mingledorff s, in the amount of $66,351. Funds are available in the County s Facilities Maintenance budget. Commissioner Prince asked if these are rooftop units and expressed concern regarding possible damage to the roof when they are being installed. He asked if there will be a bond required; Mr. Purvis

6 Page 6 of 16 responded that the installation will be done in-house. The District IV Commissioner explained that the roof was just replaced on that building. Mr. Purvis added that they will be installed in clump clusters and there will be a crane renewal to aid in that installation. The units will be staggered in their installation, on appointed days for an appointed unit to be installed. Chair Wood asked what the timeline was to complete this project would be; Mr. Purvis responded that this will be dependent upon weather and will try to get it completed within the next month. There being no further questions or comments from the Board, Commissioner Clemmons made a motion to approve; Commissioner Wilson seconded the motion. There being no further discussion, the motion to approve Resolution was carried unanimously (6-0-0). PURCHASING Resolution awarding contract for occupational medical services to Caduceus USA. Exhibit #11 Rod Gray, Purchasing Director, gave a brief explanation of the details outlined in the Executive Summary for the Board and added that this is required to include pre-employment physical examinations, post-accident physical examinations, drug/alcohol testing and return-to-work examinations. The Evaluation Committee of the RFP received from Caduceus recommends approval. Funding, for a 1-year and two (2) mutually agreed upon annual extensions, is available within the various departmental budgets. There being no questions or comments from the Board, Commissioner Prince made a motion to approve; Commissioner Holmes seconded the motion. The motion to approve Resolution was carried unanimously (6-0-0). TECHNOLOGY SERVICES Resolution authorizing Budget Amendment to transfer Contingency Funds to Technology Services Repairs and Maintenance to add additional security cameras for the Administration Building. Exhibit #12 Skip Floyd, Technology Services Director, gave a brief explanation of the details outlined in the Executive Summary for the Board. The amount to be transferred is $16,189 for meeting the increased need for security. The present system would be expanded to accommodate the additional cameras, which will be monitored by the security system downstairs, with an officer present at all times. Commissioner Prince pointed out that the side door coming out of the North Precinct is a blind door; Mr. Floyd explained that staff is looking at possibly installing a wall-mounted screen with a camera outside, but wanted to know if the Commissioner wanted that area recorded as well. The District IV Commissioner responded that it probably will not be needed, but someone should be aware if there is anyone standing in that area. Mr. Floyd explained that a solution, which would not be so intrusive, is being sought to resolve this. Commissioner Barham asked if this is in addition to the present cameras; Mr. Floyd responded that this is part of the same system presently installed.

7 Page 7 of 16 There being no further questions or comments from the Board, Commissioner Prince made a motion to approve; Commissioner Barham seconded the motion. There being no further discussion, the motion to approve Resolution was carried unanimously (6-0-0). DOT Public Hearing Request to install two additional stop signs at the intersection of Moseley Drive and Reagan Road to create a three-way stop sign. Exhibit #13 Wade Stroud, Director of Transportation, gave a brief explanation of the details outlined in the Executive Summary for the Board. After discovering only one recorded accident since 2012, staff recommends denial of this Resolution. He gave an explanation of what is looked at for a warrant study for a multi-way stop sign, using visual displays for the public. There being no questions or comments from the Board, Chair Wood declared the Public Hearing open. Anyone wishing to speak in opposition of this request will have a total of ten (10) minutes to make comment, as well as anyone wishing to speak in favor of this request. At this time, the Chair called for anyone in opposition of the request to come up and make comment. A second call was made for anyone wishing to make comment in opposition of the request to approach. Seeing none, Chair Wood allowed for anyone wishing to make comment in favor of this request to approach at this time. A second call was made for anyone wishing to make comment in favor of the request to approach. Seeing none, Chair Wood declared the Public Hearing as closed and yielded the floor to the District IV Commissioner. Commissioner Prince wished to clarify that the study was done at the aforementioned intersection, which did not warrant the need for a 3-way stop sign placement. He stated that he has been at that intersection and it is not a good area, having received multiple complaints; he then moved forward with the Public Hearing to give anyone who opposed the request the chance to present remarks. He believes it would be better to put the stop signs up, rather than have a fatality noted in a future traffic study. He indicated that there are ruts in someone s yard at that intersection, from where somebody s car or cars have run off the road and those are not necessarily reported. He decided this was just cause to move on this request without staff s recommendation, as the Commissioner believes this is a Public Safety issue that must take precedence and common sense. Mr. Stroud responded that staff recognizes that this is a challenging intersection. In the past, there were dirt roads that were simply paved in place, and this road reflects a tight curve on Reagan Road. Motorists who are not aware of the speed limit will often exceed the speed limit and present a challenge to travel that intersection safely. The intersection can be improved, going forward, but staff has begun investigating alternative concepts into what can be improved there.

8 Page 8 of 16 In light of staff s recommendation of denial, Commissioner Prince made a motion to approve the request; Commissioner Holmes seconded the motion. There being no further discussion, the motion to approve Resolution was carried unanimously (6-0-0). PARKS & RECREATION Resolution authorizing Ordinance Amendment to Section of the Henry County Code by adding a new section (9) pertaining to pets in Village Park at North Henry. Exhibit #14 Kenny Morris, Assistant Director, Henry County Department of Parks & Recreation, gave a brief explanation of the details outlined in the Executive Summary for the Board, by adding the following: Section Same -Violations It shall be unlawful for any person, individual or corporation, its agents or employees to do or allow any of the following acts in county parks: (9) Allow a domesticated animal such as a dog, cat or other domesticated pet, to enter Village Park at North Henry, located at 750 Fairview Road in Ellenwood, Georgia, without express written permission of the county. Commissioner Holmes remarked that this is a case where the few hurt the many, meaning that he received many complaints regarding the type of dogs which have been located in Village Park (i.e., Pit Bulls, Rottweiler), seen walking along the same track as children. Parents have expressed concern about bringing their children to the park because of these animals. There are also serious issues with canine waste seen throughout the park property, even though there are disposable bags available within the park for pet owners to utilize in keeping the property clean and waste-free from dogs. The park is a hightraffic area and measures must be taken to ensure the safety of the park visitors and their children. Commissioner Prince brought the citizens of District IV to awareness that Bud Kelley Park is a dog friendly park, but he is also receiving complaints of people that are not leashing their dogs while in the park. The law must be enforced regarding dogs kept on a leash while in the park. He also received similar complaints of dog waste throughout the property. Bags are also available throughout the park and he asked the citizens and visitors to the park to be watchful and mindful of the Henry County leash law as well as showing consideration in cleaning up after their dogs waste matter on the grounds within the park, in order to avoid a similar ban to be placed on this park as it is in Village Park. There being no further questions or comments from the Board, Commissioner Holmes made a motion to approve; Commissioner Prince seconded the motion. There being no further discussion, the motion to approve the motion to approve Ordinance was carried unanimously (6-0-0).

9 Page 9 of 16 PLANNING & ZONING Public Hearing (RZ-16-34) Kenneth Baird of Jackson, GA requests a rezoning from C-3 (Highway Commercial) to RA (Residential Agricultural) for the property located at 1250 North Bridges Road, in Land Lot 112 of the 6th District. The property consists of 1 +/- acres, and the request is for zoning reversion. District 3 Exhibit #15 Daunté Gibbs, Planning & Zoning Director, explained that this is a request to rezone the subject property from C-3 (Highway Commercial) to RA (Residential-Agricultural); namely, a specific tract which was part of the failed Henry Promenade development. Applicant requests rezoning back to the original RA (Residential-Agricultural) from the current zoning. Neighboring properties have received BOC approval for similar or same rezoning back to RA (Residential-Agricultural); applicant requests same. Staff recommended approval on January 12, 2017 and ZAB also recommends approval to the BOC. There being no questions or comments from the Board, Chair Wood declared a Public Hearing to receive public comment. Anyone wishing to make comment in opposition of this request will have a total of ten (10) minutes to speak; likewise, anyone wishing to make comment in favor of this request will also have a total of ten (10) minutes to speak. The Chair called for anyone wishing to speak in opposition of this request to come forward. A second call was made for anyone wishing to speak in opposition of this request to approach. Seeing none, the Chair then called for anyone wishing to speak in favor of this request to come forward. A second call was made for anyone wishing to speak in favor of this request to approach. Seeing no one, Chair Wood declared the Public Hearing closed. Commissioner Barham remarked that several similar cases have come back to the Board, which approved applicants requests for reverting the zoning back to RA (Residential-Agricultural). There being no further questions or comments from the Board, Commissioner Barham made a motion to approve the request for rezoning from C-3 (Highway Commercial) to RA (Residential- Agricultural) for the subject property; Commissioner Prince seconded the motion. There being no further discussion, the motion to approve Resolution was carried unanimously (6-0-0). Public Hearing (COMP-AM-16-08) Leslie Germano of McDonough, GA requests a comprehensive plan amendment for the property located at 3198 Jodeco Road, in Land Lot 79 of the 6th District. The property consists of /- acres, and the request is to amend the Future Land Use Map designation from Medium-Density Residential to Commercial. District 3 Exhibit #16 Mr. Gibbs gave a brief explanation of the details outlined in the Executive Summary for the Board. Applicant seeks to amend the property in the Future Land Use Map from Medium Density

10 Page 10 of 16 Residential to Commercial, as part of a previous rezoning resulting from combining the northern portion of the subject property abutting Jodeco Road and the southern portion of the subject property abutting Highland Drive and Meadowbrook Drive. Staff recommended approval on January 12, 2017; ZAB recommends approval to the BOC. There being no questions or comments from the Board, Chair Wood declared a Public Hearing to receive public comment. Anyone wishing to make comment in opposition of this request will have a total of ten (10) minutes to speak; likewise, anyone wishing to make comment in favor of this request will also have a total of ten (10) minutes to speak. The Chair called for anyone wishing to speak in opposition of this request to come forward. A second call was made for anyone wishing to speak in opposition of this request to come forward. Seeing no one, the Chair then called for anyone wishing to speak in favor of this request to come forward. A second call was made for anyone wishing to speak in favor of this request to come forward. Leslie Germano Ms. Germano stated that she is the owner of the subject property, which she says needs to have the rezoning for the small tract, facing toward Highland, in order to have the state allow the property to be used as a day care center. She explained it had been used as a day care center for many years, but she said that when it was vandalized, they lost their grandfather status after it took more than six (6) months to repair. She asked for approval on this request. Seeing no one else, Chair Wood declared the Public Hearing closed. Commissioner Barham commented that he has discussed with this with the Planning & Zoning Director and that this is housekeeping; Mr. Gibbs agreed with the statement. There being no questions or comments from the Board, Commissioner Barham made a motion to approve; Commissioner Holmes seconded the motion. There being no further discussion, the motion to approve Resolution was carried unanimously (6-0-0). Public Hearing (RZ-16-31) Leslie Germano of McDonough, GA requests a rezoning from R-3 (Single-Family Residence) to C-2 (General Commercial) for the property located at 3198 Jodeco Road, in Land Lot 79 of the 6th District. The property consists of /- acres, and the request is for a daycare. District 3 Exhibit #17 Mr. Gibbs gave a brief explanation of the details outlined in the Executive Summary for the Board. Staff has recommended approval of this request to the ZAB on January 12, 2017; ZAB recommends approval to the BOC, with the following condition: This property shall only be used as an outside play area for the day care center.

11 Page 11 of 16 There being no questions or comments from the Board, Chair Wood declared a Public Hearing to receive public comment. Anyone wishing to make comment in opposition of this request will have a total of ten (10) minutes to speak; likewise, anyone wishing to make comment in favor of this request will also have a total of ten (10) minutes to speak. The Chair called for anyone wishing to speak in opposition of this request to come forward. A second call was made for anyone wishing to speak in opposition of this request to approach. Seeing no one, the Chair then called for anyone wishing to speak in favor of this request to come forward. Leslie Germano Ms. Germano approached and explained that her comments in the previous Public Hearing are the same herewith in this Public Hearing. A final call was made for anyone wishing to speak in favor of this request to come forward. Seeing no one, Chair Wood declared the Public Hearing closed. There being no further questions or comments from the Board, Commissioner Barham made a motion to approve the rezoning from R-3 (Single-Family Residence) to C-2 (General Commercial) for the subject property; Commissioner Prince seconded the motion. There being no further discussion, the motion to approve Resolution was carried unanimously (6-0-0). Public Hearing (RZ-16-35) David Parker of McDonough, GA requests a rezoning from OI (Office Institutional) to C-2 (General Commercial) for the property located at 3249 Jodeco Road, in Land Lot 79 of the 6 th District. The property consists of /- acres and the request is for retail sales. District 4 Exhibit #18 Commissioner Prince recused himself from this Agenda item, as it is noted in the paperwork that his company performed the survey on this property. He clarified that he tries not to do any surveying work on any property located in the 4 th District that he knows is up for rezoning. He simply missed this property when the survey was done; once he was made aware, he felt it to be in the best interest of the citizens of District IV that he recuses himself, to maintain impartiality and transparency. He was excused without objection from the Board. Mr. Gibbs gave a brief explanation of the details outlined in the Executive Summary for the Board. As the subject property currently exists, it is considered a legal, non-conforming lot, due to not meeting the minimum lot size for an OI (Office Institutional) zoning (also has a septic system). The owner will be required to meet all Commercial Development and Highway Corridor Overlay District requirements on the property, in the event of any future redevelopment or modification to the subject property. On January 19, 2017, staff recommended approval to the ZAB, with four (4) zoning conditions. The ZAB, in turn, recommends to the BOC approval, with six (6) zoning conditions, which were placed on the overhead for public viewing. The Chair requested that he state the conditions for the record, as follows: 1. The redevelopment of the subject property to the extent that the existing structure is removed and replaced shall require a deceleration lane meeting the requirements of the Henry County

12 Page 12 of 16 Department of Transportation (HCDOT). In the case of such redevelopment, a ten (10 ) foot multi-use path will be required to replace the existing sidewalk all along the subject property s frontage along Jodeco Road as approved by HCDOT. 2. Any new buildings shall be constructed of brick, stucco, stone, glass or any combination thereof. 3. Dumpster(s) shall be placed on a concrete pad and enclosed on three (3) sides. The enclosure shall be constructed of brick, stucco, stone, glass or any combination thereof, and shall not exceed eight (8 ) feet in height. 4. Primary ground signage shall consist of a monument-based sign that is constructed of brick, stone, stucco, or any combination thereof, and shall not exceed six (6 ) feet in height. 5. Any required exterior lighting plan shall require all lighting to be of moderate brightness and downcast. 6. Any use that is otherwise allowed in the C-2 zoning district may be permitted, except that Pawn Shops shall not be permitted. There being no questions or comments from the Board, Chair Wood declared a Public Hearing to receive public comment. Anyone wishing to make comment in opposition of this request will have a total of ten (10) minutes to speak; likewise, anyone wishing to make comment in favor of this request will also have a total of ten (10) minutes to speak. The Chair called for anyone wishing to speak in opposition of this request to come forward. A second call was made for anyone wishing to make comment in opposition of this request to approach. Seeing none, the Chair called for anyone wishing to speak in favor of this request to come forward. David Parker Mr. Parker explained he is the owner of the property. His wife and he used to operate a customs brokerage out of the building on the property, zoned as OI (Office Institutional). They bought a building in Corporate Centre, where they currently operate their business. He has family members who wish to use this building to sell homemade crafts and refurbished furniture. No rent will be charged to them in this endeavor. Commissioner Clemmons asked if this is only to be used by family members to sell antiques; the applicant responded affirmatively. She noted a For Sale sign on the property when she drove past it recently; the applicant explained there was a sign, but that contract is expired and the building is no longer for sale and is not listed with any realtor. He will entertain offers, though. Commissioner Barham commented that he understands the applicant wants to open a furniture store or antique store; the applicant responded that family members of his sell crafts and refurbished furniture at flea markets and will move their merchandise into the building and sell them there. Commissioner Clemmons asked if someone wishes to purchase the building and a sale is made, will that building be sold as a furniture store; the applicant responded that his family members were told that if anyone wants to buy that building, he will sell the building and the family members will be asked to relocate. The District II Commissioner explained she is concerned about the potential buyer of the building and what it might be developed as, under the C-2 zoning provision. She asked if the applicant will sell the building with conditions attached; Mr. Parker responded that Planning & Zoning have

13 Page 13 of 16 already stated conditions and if a buyer wants to knock the building down and put something else there, then the sewer would have to be upgraded, along with other improvements to be made. Commissioner Barham requested to add a couple of conditions, to-wit: 7. The subject property shall be limited to the following uses: a. A furniture store; b. An antique store. 8. The subject property shall connect to available sewer and meet all current commercial development code standards, and all Henry County Highway Corridor Overlay District standards, in the event that the subject property is redeveloped and modified in any way from its current state. Mr. Parker explained that there are no current sewer facilities in the area, so it would have to be on septic system until the sewer line is installed. Mr. Gibbs added that the requirement is, any property that is within two thousand (2,000 ) feet of sewer has to tie-in; so if the property was to be tied in, they would have to cross private property, which would require an easement. There is another development, RaceTrac Gas Station on Jodeco Road, that will tie-in to sewer and make that available down Jodeco Road. Chair Wood noted the other condition regarding the type of business - furniture or antique - and was met with agreement by the applicant. A final call was made for anyone wishing to make comments in favor of this request, with the above-stated additional conditions. Seeing no one else approaching, Chair Wood declared the Public Hearing closed. There being no further questions or comments from the Board, Commissioner Clemmons made a motion to approve, as amended by the District III Commissioner; Commissioner Barham seconded the motion. Mr. Gibbs noted that with the additional conditions, condition #6 would need to be stricken, as it contradicts new condition #7, as stated by Commissioner Barham. Patrick Jaugstetter, County Attorney, explained that the motion can be amended to reflect the removal of condition #6 and addition of the two conditions above-stated, totaling seven (7) conditions placed on the subject property. Commissioner Clemmons amended her motion, by making a motion to approve, striking condition #6, and renumbering conditions #7 and #8 to read as #6 and #7; Commissioner Barham seconded the motion. There being no further discussion, the motion to approve Resolution was carried by a vote of 5-0-1; Commissioner Prince recused himself from this vote. PUBLIC COMMENTS Chair Wood advised that citizens are allowed to voice county related concerns, opinions, etc., that are not listed on the agenda during this portion of the meeting. (All persons wishing to speak for public comments must sign in with the County Clerk prior to the beginning of the meeting and must

14 Page 14 of 16 complete the public comment speaker form or that person will not be recognized. Those wishing to make comment will be able to address the Board for five (5) minutes. Each person who addresses this Board shall not make personal, impertinent, slanderous or profane remarks to any member of this Board, staff or general public. Any person who makes such remarks, or who utters loud, threatening, personal or abusive language, or engages in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of any Board meeting shall, at the discretion of the Chair or a majority of the Board, be barred from further audience before the Board during that meeting. Bill Toney, McDonough GA, Henry County Water Authority No one approached; Chair Wood called the next speaker for Public Comment. Carl Swensson, Stockbridge, GA - Fairview Park and Police Precinct Mr. Swensson spoke before the Board. Don Dunlap - Signs Mr. Dunlap spoke before the Board. Joann Barber - Street Fixed Ms. Barber spoke before the Board. Larry Morey - Government Mr. Morey spoke before the Board. APPROVAL OF MINUTES Commissioner Barham made a motion to approve the Minutes from March 15, 2017 (Called Meeting 1:30 p.m.); March 21, 2017 (Called Meeting 5:30 p.m.); March 21, 2017 (Regular Meeting 6:30 p.m.); and March 22, 2017 (Called Meeting 8:00 a.m.); Commissioner Clemmons seconded the motion. The motion was carried by unanimous vote (6-0-0). CHAIR & COMMISSIONERS COMMENTS Commissioner Clemmons commented on the Farmers Market held at Nash Farm last Sunday, with about 150 people in attendance. The intention is to revitalize some property that the county purchased years ago. She thanked the community for supporting this event. The issues around the warehouse and industrial areas are also being addressed. It is zoned Industrial and homeowners have begun selling their large parcels of land for development purposes. She believes poor planning years ago allowed residents to move into an area that was a large industrial area. She apologized for those issues that are now being dealt with and this Board is attempting to invest and correct these issues and make improvements to that area. Commissioner Prince commented that litter pickup has increased over the last couple of weeks in District IV and he hopes his constituents see some difference and urged citizens to please not litter on the ground.

15 Page 15 of 16 Chair Wood commented that the Farmers Market event was remarkable and that local residents are being supported during this event and expressed her appreciation for its success. On the Comprehensive Transportation Improvement Plan, the Board is aware of the traffic issues and there is an improvement program in place, identifying priorities and will be a focus of this Board throughout this community, based on the joint Transportation Plan. There were no further comments. UPCOMING MEETINGS & EVENTS A. Tuesday, April 11, 2017, 1:00 p.m., Called Meeting regarding Henry County Employee Insurance; B. Tuesday, April 18, 2017, 6:30 p.m., Regular Meeting; Chair Wood advised she will be absent from this meeting and will be chaired by Vice-Chair Commissioner Prince; C. Tuesday, May 2, 2017, 9:00 a.m., Regular Meeting EXECUTIVE SESSION Commissioner Barham made a motion to convene into Executive Session to discuss pending and potential litigation and real estate acquisition; Commissioner Clemmons seconded. The motion carried RECONVENE EXECUTIVE SESSION Commissioner Barham made a motion to reconvene; Commissioner Clemmons seconded. The motion carried AFFIDAVIT & RESOLUTION Commissioner Prince made a motion to approve the affidavit and resolution pertaining to Executive Session; Commissioner Wilson seconded. The motion carried AMENDMENT TO THE AGENDA Chair Wood called the County Attorney to recommend amending the Agenda, out of public necessity, and to announce the Resolutions to be added to said Agenda and voted upon by the Board of Commissioners. Patrick Jaugstetter, County Attorney, advised that a motion to amend the Agenda is sought, to include a Resolution authorizing legal proceedings against BRTU Construction, Inc., for recovery of costs from damaged fiber optic cable. Commissioner Prince made a motion to amend the Agenda; Commissioner Holmes seconded the motion. The motion to amend the Agenda was carried unanimously (6-0-0).

16 Page 16 of 16 LEGAL PROCEEDING TO BE FILED With the Agenda having been amended, the Resolution brought before the Board, and there being no questions or comments from the Commissioners, Commissioner Prince made a motion to approve; Commissioner Barham seconded the motion. The motion was carried unanimously (6-0-0). ADJOURNMENT There being no further business to come before the Henry County Board of Commissioners at this time, Commissioner Prince made a motion to adjourn; Commissioner Clemmons seconded the motion. The motion to adjourn the meeting was carried by unanimous vote (6-0-0). Stephanie Braun, County Clerk June Wood, Chair