Tommy N. Smith, Chairman, introduced Ralph Easterwood, Chaplain for the Henry County Police Department, to give the Invocation.

Transcription

1 STATE OF GEORGIA COUNTY OF HENRY The Henry County Board of Commissioners held a Regular Meeting at 6:30 p.m. on Tuesday, August 16, 2016, 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: Tommy N. Smith, Chairman Bo Moss, District I Commissioner (Vacant Seat), District II Commissioner Gary Barham, District III Commissioner Blake Prince, District IV Commissioner Bruce Holmes, District V Commissioner Also attending was: Patrick Jaugstetter, Attorney for the County; Lyndon L. Bonner, County Manager; Cheri Hobson-Matthews, Assistant County Manager; and Stephanie Braun, County Clerk. INVOCATION Tommy N. Smith, Chairman, introduced Ralph Easterwood, Chaplain for the Henry County Police Department, to give the Invocation. Pastor Easterwood first thanked the Board of Commissioners for its decision to award the Public Safety for their hard work, loyalty and dedication in the safety of Henry County citizens during the recent times. He noted that there has been a boost in the department s morale as a result of the increased pay scale for them. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. CALL TO ORDER Chairman Smith called the Regular Public Meeting of the Henry County Board of Commissioners for 6:30 p.m., Tuesday, August 16, 2016, to order. ACCEPTANCE OF THE AGENDA Chairman Smith asked that the Agenda be amended, as follows: Removing VII. Request to Address the Board of Commissioners by Shenen Griffin regarding Mailbox Ordinance; Moving VIII. Consent Agenda: County Manager/Budget (A) Budget Amendment to Amend the Fiscal Year Budget (4 th Amendment) to provide funding for Lobbying Services with On-Point Strategies, LLC over to XIV. County Manager (B); Removing XIV. County Manager (A) Resolution to Amend Fiscal Year Budget (5 th Amendment) in the amount of $2,775,000 for Public Safety roof repair/ac, Police Department renovation and one (1) ambulance (Exhibit #21).

2 Page 2 of 20 There being no further amendments to the Agenda, Gary Barham, District III Commissioner, made a motion to accept the Agenda, as amended; Blake Prince, District IV Commissioner, seconded the motion. The motion to accept the Agenda, as amended, was carried by a vote of PUBLIC COMMENTS Chairman Smith advised that citizens are allowed to voice county-related concerns and opinions that are not listed on the Agenda during this portion of the meeting. At this point, the Chairman recognized that there are several people who wish to comment on an Agenda Item, namely XII. STORMWATER (A) Resolution rescinding Resolution regarding authorization of $70,000 towards drainage issues impacting properties on McAllistar Drive in Eagles Brooke Subdivision and Lester Mill Road. The Chairman asked the Board to allow moving Public Comments, not to exceed three (3) minutes per person, on this issue. The Board agreed to defer amending the Agenda any further until such time as this item is heard later in the meeting and the Public Comments portion begins. There were no Public Comments at this time. REQUEST TO ADDRESS THE BOARD OF COMMISSIONERS BY HENRY COUNTY COMMUNITY GARDENS Melissa Golden, President, Henry County Community Gardens introduced Fred Conrad, past President and current Treasurer. She explained that the Gardens are located in Heritage Park and Windy Hill Park, along with a donation Garden at Cubihatcha Reservoir. The first Garden was built in 2004 at Heritage Park. The county was able to provide financial support in the past, but when the economy downturned, that support dwindled, yet fundraising efforts have continued to maintain these Gardens. Ms. Golden and Mr. Conrad are appearing tonight to ask for financial help and have submitted a budget for the Board. There being no questions or comments from the Board, Mr. Conrad explained that the Henry County Community Gardens has been raising money to administer services to the gardens at these locations, but they are now at a critical point where they are requesting assistance to help them get through a difficult time. They left contact information with the Board and with that, they concluded their presentation. CONSENT AGENDA Chairman Smith 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 A. Resolution authorizing the acceptance of two (2) 2013 Dodge Chargers from the Governor's Office of Highway Safety (GOHS) for the Henry County Police Department s Highway Enforcement of Aggressive Traffic (H.E.A.T.) Unit. Exhibit #1 Resolution

3 Page 3 of 20 Technology Services A. Resolution approving renewal of the annual software lease and maintenance agreement with Micropact Global, Inc. Exhibit #3 Resolution There being no changes, Commissioner Barham made a motion to approve the Consent Agenda; Bruce Holmes, District V Commissioner, seconded the motion. The motion to approve the Consent Agenda was carried by a vote of PUBLIC SAFETY HCPD Resolution authorizing the purchase of two (2) Unmanned Aircraft Vehicles (UAV) training, qualification and accoutrements for the Police Department using Federal Asset Forfeiture and Seized Funds account. Exhibit #4 Major Keith Going, Henry County Police Department introduced Chuck Simmons, Captain, Special Operations Division, Henry County Police Department. Other than Uniform Patrol, Captain Simmons is in charge of other special assignments and inner departments within the Police Department. He was nationally recognized as a Crisis Intervention Specialist for Henry County. He is responsible for creating this Resolution as well as performing the research and compiling the documentation on policy and program regarding same. Board. Major Going gave a brief explanation of the details outlined in the Executive Summary for the Commissioner Prince asked if both of these will be equipped with Forward Looking Infrared (FLIR) capability; Captain Simmons responded that only one will be equipped with FLIR. The second will have video capability as well as used for traffic accidents and crime scenes, and can be used at another location if the first one is already in use. The FLIR capability is a specific type and is a real-time linking. Bo Moss, District I Commissioner asked if this will be battery operated; Captain Simmons responded that they both will have multiple batteries and chargers. When the Active Shooter Drill was recently conducted at the county building, a FLIR device was used to test it and show how it works. The District I Commissioner asked how much flight time will be attached; the Captain responded that on the large one it will be twenty-five (25) minutes and the small one will be twenty-eight (28) minutes. It can be put in one place and have it stay for the duration of the maximum minutes and if it loses touch with the controller, it automatically returns to the last GPS point where it was launched. Commissioner Holmes asked if there would be any privacy concerns; Major Going responded that the federal government has addressed them in the laws and they have been integrated into the policy as well as training. The intent is not to be used for an offensive part, but for defensive part in searches for criminals. If the use of FLIR were to have evidentiary value, a search warrant would be obtained prior to use. Captain Simmons cited O.C.G.A , and , involving eavesdropping, Peeping Tom and the like to address those issues as well. In implementing this for investigative

4 Page 4 of 20 situations would require a search warrant. Major Going added that they are creating a policy to address any issues before asking for the purchase itself, so that in going forward with the training, a plan is already in place of what they can and cannot do. There being no further questions or comments from the Board, Commissioner Moss made a motion to approve; Commissioner Prince seconded the motion. There being no further discussion, the motion to approve Resolution was carried by a vote of HCFD Resolution approving the purchase of two (2) Pierce Stock Saber Pumpers for the Henry County Fire Department. Exhibit #5 Chief Willis, Henry County Fire Department, requested approval of the Resolution to purchase the items aforementioned for the Fire Department. Lyndon L. Bonner, County Manager explained that these are vehicles which are available in special purchasing; they were demos, down in mid-florida, and this is a unique purchasing opportunity which addresses unique demands. There is a critical need for pumpers which was presented before and this is for the authorization to purchase. Commissioner Holmes remarked that the last time, it did not go through Purchasing and asked if that has now been done; Mr. Bonner responded that these are now in order and the purchase has been confirmed. Chief Willis added that she believes the issue last time was in reference to the ambulances and their remounting, which is going through Purchasing. Commissioner Prince asked if these will do the job for what is needed; Chief Willis responded they will and meet the current specifications. Commissioner Barham asked the quantity of water each will hold; Chief Willis responded each will hold fifteen hundred (1,500) gallons of water. There being no further questions or comments from the Board, Commissioner Holmes made a motion to approve; Commissioner Barham seconded the motion. There being no further discussion, the motion to approve Resolution was carried by a vote of DOT Public Hearing Resolution requesting to abandon and declare surplus a portion of South Bethany Road Right-of- Way for the Henry County Department of Transportation. Exhibit #6 Wade Stroud, Interim Henry County DOT Director, gave a brief explanation of the details outlined in the Executive Summary for the Board.

5 Page 5 of 20 There being no questions or comments from the Board, Chairman Smith opened the floor up for a total of ten (10) minutes for anyone wishing to make Public Comments, in favor of or in opposition of this abandonment of right-of-way. He asked that anyone coming up provide their name for the record. A second call was made for Public Comments on this matter. Seeing and hearing none, Chairman Smith declared the Public Hearing portion closed. There being no questions or comments from the Board, Commissioner Moss made a motion to approve; Commissioner Barham seconded the motion. There being no further discussion, the motion to approve Resolution was carried by a vote of Sale of Certain Property Resolution authorizing the sale of certain property for the Henry County Department of Transportation. Exhibit #7 Mr. Stroud explained that this ties into the previously approved abandonment and declaration as surplus a portion of South Bethany Right-of-Way (marked as Exhibit A ). This request is to authorize the sale of the declared surplus property shown on Exhibit A, per O.C.G.A and , subsequent to the county s receipt of the appraisal. He then gave a brief explanation of the Executive Summary for the Board. Chairman Smith asked if all of the property owners are amenable to this; Mr. Stroud responded he knows of two of parcel owners (1 and 2) who have been the most excited about the opportunity to reacquire this property. Parcels 4a and 4b (smaller hatched areas) belonged to an individual across the street and will be offered to him first. The Chairman believes that Parcel 1 will get Parcel 4b; the DOT Director agreed with the Chairman. The Chairman also believes that Parcel 2 is amenable to Parcel 4a. He asked Mr. Stroud to display the plat map, so that it can be shown to the public how a road was realigned to fit and straighten a curve out, showing where the old road went (highlighted in blue and green) and has now been rehabilitated to a 35-mph optimum curve, and the county has no use for that. There being no further questions or comments from the Board, Commissioner Prince made a motion to approve; Commissioner Moss seconded the motion. There being no further discussion, the motion to approve Resolution was carried by a vote of Panola Mountain Greenway Trail Project Resolution authorizing a Project Agreement between Henry County, Georgia and the PATH Foundation for the Panola Mountain Greenway Trail Project (GDOT PI# ). Exhibit #8 Board. Mr. Stroud gave a brief explanation of the details outlined in the Executive Summary for the Commissioner Holmes asked if this is a request for an agreement between the county and the PATH Foundation so it can move forward with right-of-way acquisition; Mr. Stroud responded that the acquisition has already gone forward. PATH sent a one-page agreement which stated it will share in the cost of this project with Henry County. Counsel for the county did not believe this was in the county s

6 Page 6 of 20 best interest to sign an open-ended one-page document, therefore an agreement was crafted in more detail of what would happen if the county runs over the projected cost of $1.8 million and what happens if it runs under the projected cost. The District V Commissioner asked if most of the contribution from the county would be in kind plus the pre-approved amount; the DOT Director responded this will be in cash considerations. $211,000 has already been accounted in this year s Budget and based off of the new estimate, another $157,400 will be needed, but because of the length of the project, the county can capitalize that amount in next year s Budget. Commissioner Prince expressed concern on if the county is responsible for paying for the rightof-way, because those costs seem to be escalating. He asked if the number stated is locked in on the proposed agreement; Mr. Stroud responded that the county is currently locked in on the $1.8 million and he wanted to ensure that anything above that amount would be a split between Henry County and PATH. Likewise, if the amount is under that, the money is to be re-distributed back to the PATH Foundation. The District IV Commissioner agrees that this is a bit open-ended, in that if it goes over the $1.8 million, the county would be responsible, but the DOT Director added that it would be for only 50%, according to the proposed agreement. PATH would also have to agree and sign. The Commissioner asked when the appraisals were done; Mr. Stroud responded the appraisals were recently done. Chairman Smith remarked that this needs to be hurried along. This started out at $700,000 at PATH and in kind or contribution from the county was going to be $50,000 in kind. Over time with delays, this price increased and the county found out that the $435,600 previously allotted to Nash Farm, was transferred over to this PATH project. The Chairman asked if this will be the last time to have this before the Board, prior to the completion of the project; Mr. Stroud responded he hopes this is the last time. Commissioner Moss asked how many paths will there be; Mr. Stroud responded he is not exactly sure what the length of this is, only that it will run from Austin Middle School to Panola Mountain. Commissioner Holmes asked when the actual path building is to start; Mr. Stroud responded they are in the process of a 60-day window, where they are trying to complete the right-of-way negotiation and acquisition phase of the project. The holdup to begin actual construction will be contingent on getting the agreement with PATH in place. 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 Resolution was carried by a vote of The Chairman hopes that this is the last time this matter will be voted upon; Mr. Stroud expressed that same hope. Commissioner Prince asked how the traffic study is coming for the residents on Green Circle; Mr. Stroud responded that the traffic counters will be put back out either this week or next week. The Commissioner suggested waiting till school is back in session to place those.

7 Page 7 of 20 SPLOST Fire Station #16 Resolution approving a Budget Amendment and awarding the bid for construction of Fire Station #16 in McDonough, GA using budgeted SPLOST-IV funds. Exhibit #9 Ron Burckhalter, Capital Projects Director, gave a brief explanation of the details outlined in the Executive Summary for the Board. He clarified that McDonough, Georgia is the mailing address to the physical location of the station in the Kelleytown area. Commissioner Prince explained, for the record, that with the advent of Google, insurance companies asking insureds how far they live from a fire station can now determine actual road miles. In District IV, homeowners insurance rates are three times higher than what it used to be ten years ago. This station will be located in front of the Bud Kelley Park and the staff will keep an eye on the park, opening and shutting the gates and patrolling the area. Mr. Burckhalter answered the Commissioner s question that completion is anticipated in July Grading work has been done, but he would like to get the silt fence up, the site cleaned up as well for the ribbon-cutting ceremony. Commissioner Moss asked when Fire Station #2 will be completed; Mr. Burckhalter responded that around the end of November/first of December but does not know the exact date. Four fire stations are currently under construction, so he is not sure about the exact date. Siding and brick are to be placed next week and the project is moving along well. Commissioner Barham asked what the price of this Fire Station #16 based on, in comparison to the other stations, if there is an increase in price; Mr. Burckhalter gave an example of the last contractor (Tommy Gibson Builders) was awarded Fire Station #14 and got a better deal on four (4) fire stations being constructed almost identically, save for the site work. Commissioner Prince disclosed that in Bud Kelley Park, there are 2.2 miles of trails and he is working with District V to put in a path. District IV is purchasing a gate with SPLOST money, with a board or something, so that the paths can be accessed; Mr. Burckhalter responded that he met with Chief Johnson yesterday to give the specifications on the Kubota and the slide-in unit that goes in the back, which will have a reservoir for fire suppression and a place for a stretcher. This will be put on a trailer and will eventually be housed at Fire Station #16. This will also service District V s path as well. The Capital Projects Director communicated with Rockdale County, since some of these paths will travel through there, where he got the specifications for the vehicle. There being no further questions or comments from the Board, Commissioner Prince made a motion to approve; Commissioner Holmes seconded the motion. There being no further discussion, the motion to approve Resolution was carried by a vote of

8 Page 8 of 20 Materials and Field Testing Services #10. Resolution awarding the bid for materials and field testing services for annual contract. Exhibit Roque Romero, Transportation Project Director, gave a brief explanation of the details outlined in the Executive Summary for the Board. There being no questions or comments from the Board, Commissioner Barham made a motion to approve; Commissioner Holmes seconded the motion. The motion to approve Resolution was carried by a vote of New Interchange, I-75, South of SR 155 Resolution approving the award of an Interchange Justification Report for New Interchange on I- 75, South of SR 155. Exhibit #11 Board. Mr. Romero gave a brief explanation of the details outlined in the Executive Summary for the Commissioner Barham asked if this is the second step to the process and there will be one more after; Mr. Romero responded in agreement and added that the first step was the feasibility study; this the second step. Once completed, this will go to design phase to eventually move to construction. There being no further questions or comments from the Board, Commissioner Moss made a motion to approve; Commissioner Barham seconded the motion. There being no further discussion, the motion to approve Resolution was carried by a vote of Bridge and Culvert Repairs Resolution awarding the bid for construction of thirteen (13) bridge and culvert repairs located in Henry County and approving Budget Amendments. Exhibit #12 Mr. Romero gave a brief explanation of the details outlined in the Executive Summary for the Board. This will also serve to authorize the County Manager or his designated appointee to change orders less than $50,000. Commissioner Barham asked about the length of time it will take to complete all the repairs; Mr. Romero responded ten (10) months for the bridges; some are minor repairs and some are major. One project in District I has the wind wall broken; some will have to be excavated the piles and encase them in concrete. There being no further 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 by a vote of

9 Page 9 of 20 STORMWATER Prior to moving forward, Chairman Smith asked that Public Comments be opened up for the upcoming Agenda Item, to allow for citizens to speak for three (3) minutes. Commissioner Prince made a motion to approve; Commissioner Barham seconded the motion. The motion to allow Public Comments for three (3) minutes was carried by a vote of Resolution , Rescinding Resolution rescinding Resolution , regarding authorization of $70,000 towards drainage issues impacting properties on McAllistar Drive in Eagles Brooke Subdivision and Lester Mill Road. Exhibit #13 Kim Tucker, Interim Stormwater Director, gave a brief explanation of the details outlined in the Executive Summary for the Board. Chairman Smith commented that he is leaning towards rescinding because this has been an exhaustive process. He recalled seeing a pipe in an adjacent yard at Mr. Norman s residence that goes under the patio. That pipe is not believed to be adequate. When the Building Department went out to investigate how to get water off of one lot and through another lot for drainage. The concern is that the neighborhood is full of children, thus presenting a safety concern, and believes that this should be addressed on the county level, because the county did not approve that scenario. Ms. Tucker explained that Stormwater never reviewed that pipe, but the Chairman believes that the Building Department did, because of a drainage problem behind Mr. Norman s house and a new house being built. The new house had a concrete slab patio sitting there; as it went to the back, there was a forty (40 ) foot undisturbed buffer, even though the drawing shows a twenty (20 ) foot drainage easement within the undisturbed buffer. The builder tried to eliminate the problem and that caused Mr. Norman s basement to flood. There being no further questions or comments from the Board, Chairman Smith opened the floor up for three (3) minutes for anyone wishing to make Public Comments on this matter, and asked that they state their name for the record. Joseph Norman, 1266 McAllistar Drive, Locust Grove GA Mr. Norman presented a visual display for the Board and indicated where the pipe is, a 15 corrugated pipe. He also showed his backyard after it rains. He stated that a man was permitted to build a house next door. From the closer view of the pipe, Mr. Norman determined that the lot was allowed to be built upon with a considerable elevation (about 4 ), which effectively turned Mr. Norman s backyard into a retention pond. He introduced his son, Remington, and asked the Board what would happen if a child gets into that pipe and the Fire Department has to be called to perform a body extraction. The person who built this house knows about this, as well as anyone involved, but no one will do anything to correct this. He alleges that the Building Department knew this was happening. He recalled that the BOC voted to help solve this problem that the county helped to create and asked that the Board considers its integrity on this matter. With that, Mr. Norman concluded his comments.

10 Page 10 of 20 There being no one else approaching, Chairman Smith opened the floor to the Board members for questions or comments. Commissioner Prince recommended doing an overall grading plan for subdivisions. In designing subdivisions, the only thing that has to be designed for drainage is the road; easements are done on the back and side lots, but there is no Master Grading Plan showing where the water will go when all the lots are built upon. He believes this should be required in order to prevent this from happening again. While the District IV Commissioner was not making a formal motion at that moment, he commented that Henry County permits every project and a hydrology study was not performed at that subdivision, which is a private matter. He stated he also has a drainage issue on his own lot, along with his neighbor and his father and the county cannot get into the habit of fixing issues on private property, as it is too costly. He apologized to Mr. Norman for this issue, but the funding is not there to fix this particular issue for every property owner. With that, Commissioner Prince (reluctantly) made a motion to approve; Commissioner Holmes seconded the motion. There being no further discussion, the motion to approve Resolution was carried by a vote of Kubota Excavator Resolution approving the purchase of a Kubota KX057-4R3 Excavator. Exhibit #14 Board. Ms. Tucker gave a brief explanation of the details outlined in the Executive Summary for the Commissioner Barham expressed his appreciation to Stormwater and Purchasing for opening up the bids to local vendors in the county and was happy that Mason Tractor of McDonough won this bid. There being no further questions or comments from the Board, Commissioner Barham made a motion to approve; Commissioner Moss seconded the motion. There being no further discussion, the motion to approve Resolution was carried by a vote of Caterpillar Skid Steer Resolution approving the purchase of a Caterpillar 289 D HF Skid Steer. Exhibit #15 Board. Ms. Tucker gave a brief explanation of the details outlined in the Executive Summary for the There being no questions or comments from the Board, Commissioner Barham made a motion to approve; Commissioner Moss seconded the motion. The motion to approve Resolution was carried by a vote of Truck Purchases Resolution authorizing the purchase of a 2017 Ford F-150, F-250 Regular Cab and F-250 Crew Cab. Exhibit #16 Ms. Tucker gave a brief explanation of the details outlined in the Executive Summary for the Board. In short, these vehicles are needed for crew transport to and from various sites.

11 Page 11 of 20 There being no questions or comments from the Board, Commissioner Barham made a motion to approve; Commissioner Holmes seconded the motion. The motion to approve Resolution was carried by a vote of PLANNING & ZONING Public Hearing: RZ Arcorn Properties, Inc., of McDonough, GA requests a rezoning from RA (Residential- Agricultural) to C-3 (Highway Commercial) for the property located at 1840 Hwy. 81 East in Land Lot 171 of the 7 th District. The property consists of /- acres, and the request is for commercial use. District I. Exhibit #17 Prior to the presentation of this matter, Commissioner Prince advised that this is one of his plats that he has worked on and has been paid for said work; therefore, he recused himself from voting on this matter. This recusal will also be in effect for Agenda Item XIII. B. COMMISSIONER PRINCE LEFT THE MEETING Daunté Gibbs, Planning & Zoning Director, gave a brief explanation of the details outlined in the Executive Summary for the Board. He remarked that Future Land Use Map designates this property as Low Density Residential and the rezoning request is inconsistent with the Comprehensive Plan; however, the subject property is located within the Georgia 81 at Old Jackson Road Crossroads Activity Center and is below the five (5) acre, or thirty thousand (30,000) square foot commercial retail or office development threshold which would trigger the need for a Master Plan of the Activity Center. On July 14, 2016, the Zoning Advisory Board recommended denial of the rezoning request to C-3 (Highway Commercial) but recommended approval of rezoning to C-2 (General Commercial) with nine (9) zoning conditions, outlined in the Executive Summary. Mr. Gibbs called the Board s attention to zoning condition #1, as follows: 1. The applicant shall donate acreage to or be combined with the site referred to as Tract B on the submitted survey dated March 24, 2016; so that Tract B will have the minimum lot size of 1.5 acres, and/or meet all requirements of Section Watershed Protection District. Commissioner Barham pointed out zoning condition #8 and the plan to widen Hwy. 81 to four lanes, asking if the sixty (60 ) foot right-of-way is enough to do this; Mr. Gibbs responded that could be answered by Department of Transportation, but this condition did come from the DOT s review of the submitted application. Chairman Smith understood the condition to be donated the right-of-way required to create a sixty (60 ) foot right-of-way from the existing center at Hwy. 81, leading one to believe that the right-of-way will be one hundred and twenty (120 ) feet; Mr. Gibbs agreed with the Chairman s comment. There being no further questions or comments from the Board, Chairman Smith called the applicant forward to present the request, asking that she state her name for the record.

12 Page 12 of 20 Sandra Puri, Arcorn Properties, 1850 Hwy. 81 East, McDonough GA Ms. Puri clarified that the property in question is next door, Tract A. Chairman Smith asked if she wished to add anything for the Board to consider this request. Ms. Puri responded there is a CVS next to the property; it is all zoned Commercial, with the exception of five houses between the CVS and two other commercial businesses. Commissioner Moss remarked that it is not shown on the Future Land Use Map for Commercial; Mr. Gibbs responded that is correct and displayed for the Board. The District I Commissioner stated this is located in the Crossroads Activity Center, which was agreed on by Mr. Gibbs. He indicated the area in green as the subject property. The Future Land Use Map designates this as Low Density Residential ; however, the boundary (darker gray-black area) is an Activity Center, which has thresholds allowing for Commercial. Mr. Gibbs also pointed out the different shaded areas on the map for the Board, which reflects the current zoning. Commissioner Barham asked the applicant is she is agreeable to a C-2 (General Commercial) zoning; Ms. Puri responded she is, but she did not understand when she applied and the Planning & Zoning agent explained the zoning to her. There being no further questions or comments from the Board, Chairman Smith opened the floor for anyone wishing to make Public Comments in favor of this request, to come forward, allowing ten (10) minutes total for comments. A second call was made for anyone wishing to make Public Comments in favor of this request. Seeing and hearing none, Chairman Smith opened the floor for anyone wishing to make Public Comments in opposition of this request, to come forward, allowing ten (10) minutes total for comments. Seeing and hearing none, Chairman Smith declared the Public Hearing closed and called the applicant forward. Chairman Smith advised that the Zoning Advisory Board recommended denial of the rezoning from RA (Residential-Agricultural) to C-3 (Highway Commercial), but recommended approval of rezoning the property to C-2 (General Commercial), with the nine (9) conditions, stated in the Resolution and the Executive Summary. The Chairman asked the applicant, if the Board approved the rezoning from RA to C-2 with the nine (9) conditions, if she would agree to that rezoning; Ms. Puri indicated she would agree. There being no further questions or comments from the Board, Commissioner Moss made a motion to uphold the Zoning Advisory Board s denial of C-3 rezoning and approve C-2 rezoning with the nine (9) conditions; Commissioner Barham seconded the motion. There being no further discussion, the motion to approve Resolution was carried by a vote of 4-0-1; with Commissioner Prince previously recused from this vote.

13 Page 13 of 20 Public Hearing: RZ Ranjit and Sandra Puri from RA (Residential-Agricultural) to C-3 (Highway Commercial) for the property located at 1850 Hwy. 81 East, in Land Lot 171 of the 7 th District. The property consists of /- acres and the request is for commercial use. District I. Exhibit #18 Mr. Gibbs gave a brief explanation of the details outlined in the Executive Summary for the Board. This property abuts the property in the previous case, as stated, and is also located within the Georgia 81 and Old Jackson Road Crossroads Activity Center. On July 14, 2016, Zoning Advisory Board recommended denial of C-3 (Highway Commercial) but approval of C-2 (General Commercial) with the same nine (9) conditions previously approved, with the exception of condition #1, placed on the overhead for visual display. Staff recommends denial of C-3 (Highway Commercial) and approval of C-2 (General Commercial) with the nine (9) conditions. For the record, condition #1 reads as follows: 1. The property shall be combined with or obtain acreage to have a minimum lot size of 1.5 acres and/or meet all requirements of Section of the Watershed Protection District. There being no questions or comments from the Board, Chairman Smith called the applicant forward. Sandra Puri Ms. Puri explained that she lives right next to CVS and is aware that their lot is small, but they intend to sell both lots together. There being no questions or comments from the Board for the applicant, Chairman Smith opened the floor for Public Comments, for anyone who is in favor of this request, allowing a total of ten (10) minutes to make comments. A second call was made for anyone wishing to make Public Comments in favor of this request. Seeing none, Chairman Smith then opened the floor for Public Comments for anyone in opposition of this request, allowing a total of ten (10) minutes to make comments. A second call was made for anyone wishing to make Public Comments in opposition of this request. Seeing and hearing none, Chairman Smith closed the Public Hearing and called the applicant forward. He advised her that the Zoning Advisory Board recommended denial of the C-3 (Highway Commercial) rezoning request. The Board is prepared to uphold the Zoning Advisory Board s approval of rezoning the property to C-2 (General Commercial), with nine (9) conditions, which the applicant did not initially request. He asked the applicant if she would accept the rezoning from RA (Residential- Agricultural) to C-2) (General Commercial) with the nine (9) conditions. Ms. Puri responded she would. There being no further questions or comments from the Board, Commissioner Moss made a motion to uphold the Zoning Advisory Board s approval of the rezoning to C-2 (General Commercial)

14 Page 14 of 20 with the specified nine (9) conditions; Commissioner Barham seconded the motion. There being no further discussion, the motion to approve Resolution was carried by a vote of 4-0-1, with Commissioner Prince previously recused from this vote. Public Hearing: RZ COMMISSIONER PRINCE RETURNED TO THE MEETING Ola Ventures, LLC, requests a rezoning from RA (Residential-Agricultural) to R-1 (Single- Family Residence) for the property located on the east side of North Ola Road and Timber Ridge Drive, in Land Lot 112 of the 8 th District. The property consists of /- acres and the request is for a minor subdivision. District III. Exhibit #19 Mr. Gibbs gave a brief explanation of the details outlined in the Executive Summary for the Board. On July 14, 2016, Zoning Advisory Board recommended approval of this request, with six (6) conditions, placed on overhead display for public viewing. There being no questions or comments from the Board, Mr. Gibbs read the zoning conditions aloud for the Board. There being no questions or comments from the Board, Chairman Smith called the applicant forward to submit his case, asking that he state his name for the record. Terry T. Echols, 2134 N. Ola Road, McDonough GA Mr. Echols stated he is representing Ola Ventures. Commissioner Barham referred to condition #4 and asked the representative is he has any objection to add that all front yards have to be sodded; Mr. Echols responded that he has no objection to that. There being no further questions or comments for the applicant, Chairman Smith opened the floor up for Public Comments. Anyone wishing to speak in favor of this request will be allowed a total of ten (10) minutes, and are asked to give their name for the record. A second call was made for anyone wishing to make Public Comments in favor of this request. Seeing and hearing none, Chairman Smith then opened the floor up for Public Comments from anyone in opposition of this request, allowing a total of ten (10) minutes for anyone wishing to make comments. A second call was made for anyone wishing to make Public Comments in opposition of this request. Leon A. Shirley, 730 N. Ola Road, McDonough GA Mr. Shirley explained that his property will be abutted to the back side of the subject property and he is concerned that this is being opened up for twelve (12) houses to be built, but there is still quite a bit of other properties right behind that. He recalled the same thing happening near Snapping Shoals a

15 Page 15 of 20 few years back and now there are a couple of hundred houses in that area. Mr. Shirley is concerned the same thing will happen in this area, as soon as those houses are built, the potential for another houses could be put in, and it will back up to his property and goes down Duncan Drive. This is a very serious concern of his and he cannot protect himself down there if this happens. He asked if something can be put that will prohibit them from taking the 100+ acres to develop in the future. Chairman Smith asked Mr. Shirley if he owns the land to the east of the back of the subject property; Mr. Shirley pointed out on the display exactly where his property is located. The Chairman commented that it would appear the developer has a self-interest on the back part of the property, but has allowed some land (to the north, perhaps between Lots 3 and 4) to have an entry way and ample right-ofway to open that area up to the east. With that, Mr. Shirley concluded his comments. Chairman Smith called for anyone else to come up and make Public Comments in opposition of this request. Seeing none, Chairman Smith declared the Public Hearing closed and called the applicant forward. He advised the applicant that the Zoning Advisory Board recommended approval of the rezoning request to R-1 (Single-Family Residence) with six (6) conditions, outlined in the Executive Summary. There is a pending modification to zoning condition #4, which the District III Commissioner will address in his motion. The Chairman asked the applicant if he agrees to the conditions; the applicant responded he would agree. There being no further questions or comments from the Board, Commissioner Barham made a motion to approve the rezoning request from RA (Residential-Agricultural) to R-1 (Single-Family Residence), with the six (6) conditions stated therein, modifying condition #4 to add all front yards must be sodded ; Commissioner Moss seconded the motion. There being no further discussion, the motion to approve Resolution , with the aforementioned modification, was carried by a vote of Public Hearing: RZ WePartner Carl Parker 101, LLC, of Lawrenceville, GA requests a reversion from R-1 (Single- Family Residence) to RA (Residential-Agricultural) for property located south and east of Carl Parker Road, in Land Lots 135 and 154 of the 6 th District. This property consists of /- acres, and there is no proposed development at this time. District II. Exhibit #20 Mr. Gibbs gave a brief explanation of the details outlined in the Executive Summary for the Board. On July 14, 2016, Zoning Advisory Board recommended approval of the reversion request back to RA (Residential-Agricultural) with one (1) condition. He placed the condition on the overhead display and read same aloud for the Board. Commissioner Prince asked if this would apply as a matter of course anyway, for water quality to be done in an RA (Residential-Agricultural) zoned subdivision; Mr. Gibbs responded it is, but wanted to ensure it was clearly stated.

16 Page 16 of 20 There being no further questions or comments from the Board, Chairman Smith called the applicant forward to submit her case, asking that she state her name for the record. Wanda L. Moore, Falcon Design Consultants Ms. Moore explained she is representing the applicant for the reversion of the zoning, from R-1 (Single-Family Residence) to RA (Residential-Agricultural). There being no questions or comments for the applicant, Chairman Smith opened the floor for Public Comments, for anyone wishing to speak in favor of this request, allowing for a total of ten (10) minutes to make comment, asking that anyone making comment first state their name for the record. A second call was made for anyone wishing to make Public Comments in favor of this request. Seeing and hearing none, Chairman Smith then opened the floor for Public Comments to anyone in opposition of this request, allowing for a total of ten (10) minutes for anyone wishing to make comments, asking that they first state their name for the record. Pete Fransen, Babbs Mill Road Mr. Fransen remarked that he is not certain if he is opposed to this reversion request, but he has a question: what the minimum square footage house can be built with an RA zoning, with no stipulations on the exterior; Commissioner Prince responded that he believes it is either 1,200 or 1,500 square feet house size. Mr. Fransen explained that there is a development directly across the road, that if (for example) a 1,500 square foot lot slab was designed with a house upon it containing vinyl siding, it could depreciate the property values of the already existing houses in that development. He believes the bar should be raised. The District IV Commissioner does not know the intention of the applicant on this matter. Mr. Fransen responded that an applicant sells lots, developers go in and put in utilities and technically have no intent; the builder will have the intent with whatever it is zoned. He just does not want to see depreciation in the property values for that area. District IV Commissioner explained that is an issue with an RA zoned property and would have to speak with Mr. Gibbs on that. He has never put a restriction on an RA zoned development before and does not know if any can be placed. The Planning & Zoning Director stated that there is no proposed development at this property, only seeking to revert it back to an RA (Residential-Agricultural) zoning. Mr. Gibbs explained that minimum square footage for an RA zoned residence is 1,500 square feet. Chairman Smith called for anyone else in opposition of the request to come forward for Public Comments. Seeing none, Chairman Smith closed the Public Hearing and yielded the floor to the District I Commissioner. Commissioner Moss asked if an R-1 (Single-Family Residence) designation has a minimum of 2,000 square feet; Mr. Gibbs responded that an R-1 house has a minimum requirement of 1,500 square feet, same as RA.

17 Page 17 of 20 There being no further questions or comments from the Board, Chairman Smith called the applicant forward. Commissioner Prince agrees with Mr. Fransen s remarks and asked if this can be done on an RA, to require a minimum house size on this property; Mr. Gibbs responded that, technically, the Board of Commissioners can make a motion and condition properties at its discretion. It may be better to have legal counsel to add clarity to that. Patrick Jaugstetter, County Attorney asked if there were any house size restriction on the previous zoning; Mr. Gibbs responded that it was zoned R-1 and technically, if it remained at R-1, it could be re-developed as expressed by Mr. Fransen, with no conditions. Mr. Jaugstetter explained he cannot see any justification in placing a new condition on the property with fewer of the exact same kind of homes they could already develop and does not see how harm is offset. Ms. Moore restated that the application is for the property to revert the zoning back to its original classification, which has the same square footage of house size, only reverting back to RA from R-1. Property ownership has changed through the years, but this is for this application, with no plan or intent to develop the property. She asked if there is a waiting period for trying to rezone this property again. Mr. Gibbs responded that if a rezoning is denied by the Board of Commissioners, then applicants must wait a year before re-applying. Technically, if this is approved, there is no clause in the Code which prevents applicant from trying to rezone the property soon after. That said Commissioner Prince made a recommendation to approve the rezoning with the one condition previously stated and made a motion regarding same; Commissioner Barham seconded the motion. Chairman Smith recalled his own affiliation with Planning & Zoning for years and this is the first of this kind he has ever seen, to revert a property back to an original zoning designation. There being no further discussion, the motion to approve Resolution was carried by a vote of COUNTY MANAGER Budget Amendment to amend the Fiscal Year Budget (4 th Amendment) to provide funding for Lobbying Services with On-Point Strategies, LLC. Exhibit #2 Chairman Smith wished to discuss this item himself. During his absence at the last meeting, the Board adopted a Resolution to approve the hiring of a professional services lobbyist on the state level. He was the Executive Assistant to the Henry County Board of Commissioners under a previous Board, wherein that Board hired a lobbyist on the state level, which did not turn out well. The Chairman believed that this struck a nerve with local legislators, since an official such as a state senator or state representative would probably be the best lobbyist for the Henry County Board of Commissioners and the Henry County residents to deal with state agencies and departments. The Chairman also recalled that the Board at that same time hired a federal lobbyist; he recalled this individual being paid $100,000 a year and the first year, he was credited with bringing in $5 million to Henry County. He stated that he would consider paying out for a federal lobbyist, but is not in support of hiring a local lobbyist.

18 Page 18 of 20 Commissioner Prince remarked that there was a meeting with the lobbyist and the DOT Director, wherein the lobbyist is credited with bringing in $72 million last week, which is a great investment. Commissioner Barham recalled reaching out to State Senator Emanuel Jones, twice, with no success; but he did speak with State Representative Demetrius Douglas and State Senator Rick Jeffares, State Representative Dale Rutledge, State Representative Andy Welch and State Representative Brian Strickland, who all thought it was great to have somebody represent Henry County. One of the new projects that the lobbyist has brought in involves expansion to four lanes on Hwy. 155 from Bill Gardner to I-75, added last week. The Chairman asked if this lobbyist has already accomplished something that the state legislators could not do; the District III Commissioner responded that he got Jay Roberts down here in a week s time. Commissioner Holmes recalled being at the meeting as well and he observed the lobbyist and Jay Roberts work closely with the delegation. The District III Commissioner added that within five years, this project will be complete. 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 by a vote of 4-1-0; with Commissioners Holmes, Barham, Moss and Prince in favor; Chairman Smith in opposition. APPROVAL OF MINUTES Commissioner Prince made a motion to approve the Minutes for July 20, 2016 (Millage Hearing, 9:30 a.m.), July 20, 2016 (Millage Hearing, 6:30 p.m.), July 27, 2016 (Millage Hearing and Adoption, 6:30 p.m.), and August 2, 2016 (Regular BOC Meeting); Commissioner Moss seconded the motion. The motion to approve the Minutes for the above dates was carried by a vote of CHAIRMAN S & COMMISSIONERS COMMENTS No Board Members had any comments. COUNTY MANAGER S COMMENTS Lyndon L. Bonner, County Manager asked for some dates from the Board, after his meeting with Judge Amero and Judge Studdard. Commissioner Prince and the County Manager traveled to the courthouses to discuss the State Court facilities needing assessments that the Board of Commissioners approved; a study of $123,000 for the needs in the Judicial System of Henry County for the next thirty (30) years. The framework has been laid out in accordance with the county s understanding of the scope of services. It is a joint project between the judges, the judicial branch and the BOC. He asked to utilize the Board as a steering group. He asked for dates from the BOC to have the kickoff meeting in conjunction with the judges for updates. He said he is looking at the latter part of this month or beginning of September. This project is twenty-six (26) weeks and scope of service has already been expanded. This will be closely managed with Ms. Hobson-Matthews; and Mr. Burckhalter serving as liaison from the staff side. Mr. Will Simmons will represent the judges on the work side. On August 5, 2016, Ms. Hobson-Matthews and Mr. Bonner traveled to Athens to participate in the SDS Preparation class, hosted by the Association County Commissioners of Georgia (ACCG). This was the kickoff class for a lot of the counties. They had a great takeaway in making preparations.