Board of Commissioners - Regular Business Meeting - Oct 17

CLAYTON COUNTY BOARD OF COMMISSIONERS

Regular Business Meeting October 17, 2017 7:00 AM

POST SUMMARY MINUTES

1. Call to order.

Chairman Turner called the meeting to order. Attendee Name Title Status Arrived Jeff Turner Chairman Present Michael Edmondson Vice Chairman Present Gail Hambrick Commissioner Present Sonna Singleton Gregory Commissioner Present Felicia Franklin Warner Commissioner Present Sandra Davis County Clerk Present

2. Invocation and Pledge of Allegiance to the flag.

The Invocation was given by Senior Pastor Dr. Gerry Anderson of New Macedonia Baptist Church in Riverdale, Georgia. The Pledge of Allegiance to the flag was led by Chairman Turner.

3. Adoption of the agenda.

Motion made by Chairman Turner, second by Commissioner Hambrick to add Resolution 2017-72 - A Resolution authorizing a second amendment to the Purchase and Sales Agreement with Highwoods Realty Limited Partnership, a North Carolina Limited Partnership, to extend due diligence period; to authorize the Chairman to execute the amendment; to provide an effective date of this resolution; and for other purposes. Vote unanimous. Motion made by Commissioner Gregory, second by Commissioner Hambrick to adopt the agenda as amended. Vote unanimous.

4. Approval of the October 3, 2017 Regular Business Meeting minutes.

Motion made by Commissioner Gregory, second by Vice-Chairman Edmondson to approve the October 3, 2017 Regular Business Meeting minutes. Vote unanimous.

5. PROCLAMATION: “Clayton County Recognizes The Grassroots Leadership Institute Class of 2017”. (Presented by Chairman Jeffrey Turner)

6. PROCLAMATION: “Clayton County Recognizes Women's Day at the Commission”. (Presented by Vice Chairman Michael Edmondson)

7. PROCLAMATION: “Clayton County Recognizes October 2017 as National Breast Cancer Awareness Month”. (Presented by Commissioner Sonna Gregory)

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8. PROCLAMATION: “Clayton County Recognizes Dr. Gerry T. Anderson- Pastor of The New Macedonia Baptist Church in Riverdale, Georgia”. (Presented by Commissioner Felicia Franklin Warner)

9. PUBLIC COMMENT:

Citizens will be given a three (3)-minute maximum time limit to speak before the Board of Commissioners about various topics, issues, and concerns. Following thirty minutes of hearing from the public, the Board of Commissioners will allow the remainder of citizens who have signed up to be heard at the next Tuesday business meeting.

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1. Dr. Henry Anderson of Unincorporated Hampton, Georgia continued his commission job performance evaluation of Vice-Chairman Edmondson. He stated he has lost control in District 4 in relation to the businesses that are non-compliant to county ordinances. The lights of these businesses are brightly colored and these ghetto types of lighting is being used as the outside signage with the LED lights flashing in different combinations of colors. Dr. Anderson also spoke about the used car dealerships with the parking on the grassy right-of-way, which is destroying the landscape of Tara Boulevard and its side streets. He continued his concern for how Tara Boulevard looks and stated he will continue the Vice-Chairman’s grading and summary at the next board meeting.

2. Ms. Darlene Johnson of Rex, Georgia briefly mentioned to the board the complaint

that she filed. She would like for the board to vote and put back public commenting. She asked the board how dare they block out the citizens’ voice; what she wants is for other citizens to be able to voice their opinions. Ms. Johnson also mentioned a portion of the discussion during a Development Authority meeting where there were talks of combining the Economic Development with the Development Authority.

3. Ms. Brenda Harrison of Clayton County, Georgia spoke about having public

commenting back on television. It is not fair to the people of this county to not have this publicized. She asked the board to step up and do the right thing.

4. Mr. Orlando Gooden of Jonesboro, Georgia spoke about the emergency add-on

agreements that have been added in the past; and how they say that an item is time sensitive. Most recently, the addition of a resolution for the Alzheimer Services. Among other requests, He asked for public posting of a detailed breakdown of the funds granted to the Alzheimer Services and the $4 million given to the Development Authority. Also, an explanation for the recent purchase of cars for $3 million.

5. Mr. Clarence Burnough of Clayton County, Georgia stated he is the Chairman of the

Clayton County Veterans’ Advisory Board and informed everyone about there being a 2nd Annual Veterans’ Day Program in honor of all veterans on November 11, 2017 from 10:00 a.m. to 12:45 p.m. located at VFW Post 6330, 732 Veterans Parkway in Jonesboro, Georgia. Clayton County Schools- JROTC, Bands, Choruses, Veterans Organizations, Community Organizations and Government Agencies will be present. Join us as we honor our veterans and their families.

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6. Ms. Sharon Austin Edwards of Riverdale, Georgia stated that she feels the county is

moving in two different directions. We seem to squash and block every opportunity for improvement in this county. She also mentioned that our youth and students need more attention and care given to them, because they do not feel like they are getting that from the county.

7. Mr. Mickey Garber of Unincorporated Rex, Georgia stated from his seat in the

audience that all of his fellow citizens have expressed his thoughts. Therefore, he would not be coming forward.

8. Mr. John Early of Clayton County, Georgia did not come forward when called on to

address the board. 9. Ms. April Bankston of Clayton County, Georgia spoke about her concerns with the

issues of parity in reference to economic development in unincorporated Clayton County south of the Rivers Edge community located in District 4.

10. Ms. Deborah Hodge of Riverdale, Georgia spoke about her concern and opposition

for the zoning petition for Embassy Trace subdivision.

Chairman Turner recognized that Ms. Hodge is speaking in reference to a zoning matter that is listed on the agenda. He advised that she would have an opportunity to address her concerns during that time.

10. Consider request(s) of Director of Central Services, Carol Rogers

NOTE: The entire Purchasing Ordinance for Clayton County, Georgia can be viewed on the MuniCode website. Citizens can access this website via the following website address: http://library.municode.com/index.aspx?clientId=10562.

Vote: Approved [Unanimous] 1. Monthly report of contracts, contract modifications and/or change orders

authorized by the Director of Central Services and/or the Chief Operating Officer for September 2017.

Pursuant to Section 4-205 (D) Authority and Responsibility of the Director of the Department of Central Services, of the Clayton County Code of Ordinance, General Purchasing Methods. Periodic Reporting to the Board of Commissioners.

Vote: Approved [Unanimous] 2. Recommendation for Award: ITB #17-15 Milling of Various Streets in Clayton

County, Georgia.

Atlanta Paving and Concrete Construction, Inc., located in Norcross,

Georgia. Funding is available through the 2009 and 2015 SPLOST Programs. As requested by the Department of Transportation and Development. Pursuant to Section 4-302 of the Clayton County Code of Ordinances, General Purchasing Methods, Competitive Sealed Bidding Process. Acquisitions Greater Than

http://library.municode.com/index.aspx?clientId=10562

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$74,999.99. Any commodity, good or service that is expected to cost in excess of $74,999.99 or is expected to generate revenue greater than $74,999.99 shall be acquired through the competitive sealed bid process except as otherwise provided in this Purchasing Code.

Vote: Approved [Unanimous] 3. Recommendation for Award: RFP #17-127 Home Delivered Meals for Clayton

County, Georgia (Senior Services Department).

Open Hand Atlanta, located in Atlanta, Georgia. Funding for this project is available through the Atlanta Regional Commission (ARC) grant. As requested by the Department of Senior Services. Pursuant to Section 4-303 of the Clayton County Code of Ordinance, General Purchasing Methods, Competitive Sealed Proposal Process. Acquisitions Greater Than $74,999.99. Unless otherwise provided herein, formal sealed proposals must be obtained for any item or service which is expected cost in excess of $74,999.99 or is expected to generate revenue greater than $74,999.99, for which the competitive sealed bid process is either not applicable or is determined by the Director not to be in the best interest of the County.

Vote: Approved [4 to 1; Commissioner Franklin Warner opposed] 4. Recommendation for Special Purchase: #17-189 Tyler’s EnerGov, Parks &

Recreation and Asset Management Software modules and implementation services.

$1,421,092.00. Funding for this project is available through the 2015

SPLOST ERP Project funds. As requested by the Department of Information Technology. Pursuant to Section 4-306 of the Clayton County Code of Ordinance, General Purchasing Methods, Special Purchase. Notwithstanding any other provision of this Purchasing Code, the Director may initiate a purchase where he/she determines that an unusual or unique situation exists that make the application of all requirements of competitive sealed bidding or competitive sealed proposals contrary to the public interest and the interest of the County and such purchase does not technically qualify as a sole source purchase under Section 4-305 of this Purchasing Code. If determined as appropriate by the Director, any special purchase under this section shall be made with such competition as is practicable under the circumstances; provided however, that the Director may determine under appropriate circumstances that there is only one logical choice as to a contractor to provide the goods or services necessitated by the special purchase. A written determination of the basis for the purchase and for the selection of the particular contractor shall be included by the Director in the contract file. The user department and the Director must certify in writing the basis for designating such purchases as a Special Purchase with thorough reasoning. All awards under this section for amounts where cost is in excess of $74,999.99 or is expected to generate revenue

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greater than $74,999.99 shall be approved by the Board of Commissioners.

Commissioner Franklin Warner stated her concern about asking for opinions of employees- who are our end-users, we need to have them involved instead of just purchasing something else- such as with the Police Department. She wants to make sure we are having conversations with the end-users. Motion passed 4 to 1. Commissioner Franklin Warner opposed.

11. Consider request(s) of Chief Financial Officer, Ramona Bivins

Vote: Approved [Unanimous] 1. Budget Amendment 2-29/FYE 6/30/2017 General Fund- To amend the budget to

cover the cost of regular salaries, benefits, and supplies which were paid throughout fiscal year 2017 in the amount of $4,404.00.

Vote: Approved [Unanimous] 2. Budget Amendment 2-30/FYE 6/30/2017 General Fund Central Services-Print

Shop - To transfer funds to cover the cost of regular salaries paid during 2017 in the amount of $758.00.

Vote: Approved [Unanimous] 3. Budget Amendment 2-31/FYE 6/30/2017 Elections/Registrar - To transfer funds

to cover the cost of regular salaries paid throughout fiscal year 2017 in the amount of $55,623.00.

Vote: Approved [Unanimous] 4. Budget Amendment 2-32/FYE 6/30/2017 General Fund-Prison - To amend the

budget to provide for the cost of regular salaries, utilities and uniform expenses paid during fiscal year 2017 in the amount of $166,783.00.

Vote: Approved [Unanimous] 5. Budget Amendment 2-33/FYE 6/30/2017 General Fund Sheriff - To amend the

budget to cover the cost of wages, benefits, fees, supplies and transport expenses paid throughout fiscal year 2017 in the amount of $1,055,618.00.

Vote: Approved [Unanimous] 6. Budget Amendment 2-34/FYE 6/30/2017 General Fund-Professional Services -

To transfer funds to cover the cost of fees, advertising, claims, settlements, and supplies paid during fiscal year 2017 in the amount of $912,005.00.

Vote: Approved [Unanimous] 7. Budget Amendment 2-35/FYE 6/30/2017 General Fund-EMS - To transfer funds

to cover the cost of regular salaries paid throughout fiscal year 2017 in the amount of $189,971.00.

Vote: Approved [Unanimous] 8. Budget Amendment 2-44/FYE 6/30/2017 General Fund-Library - To amend the

budget to cover the cost of library books, personnel expenses, and other contract service fees for fiscal year 2017 in the amount of $22,757.00.

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Vote: Approved [Unanimous] 9. Budget Amendment 2-45/FYE 6/30/2017 General Fund-Parks and Recreation -

To transfer funds to cover the cost of personnel expenses, contract service fees, recreation expenses, supplies, beach entertainment services, rental expenses, and repair and maintenance expenses for fiscal year 2017 in the amount of $145,843.00.

Vote: Approved [Unanimous] 10. Budget Amendment 2-46/FYE 6/30/2017 Federal Narcotics Fund-Sheriff - To

amend the budget to cover the cost of an Endeavor Robot for the Sheriff's Department in the amount of $90,795.00.

Vote: Approved [Unanimous] 11. Budget Amendment 2-47/FYE 6/30/2017 Forest Park Tax Allocation District

Fund - To amend the budget to cover the cost of intergovernmental expenditures in the amount of $246,832.00.

Vote: Approved [Unanimous] 12. Budget Amendment 2-48/FYE 6/30/2017 Mountain View Tax Allocation District

Fund - To amend the budget to cover the cost of additional contract service fees in the amount of $40,000.

Vote: Approved [Unanimous] 13. Budget Amendment 2-49/FYE 6/30/2017 CCBOC Medical Self Insurance Fund,

Flexible Spending - To amend the budget to cover the cost of agent fees and claim expenses for FY17 in the amount of $20,000.

Vote: Approved [Unanimous] 14. Budget Amendment 2-50/FYE 6/30/2017 Debt Service Fund - To amend the

budget to cover the cost of interest charges for FY17 in the amount of $825. Vote: Approved [Unanimous] 15. Budget Amendment 2-51/FYE 6/30/2017 Community Development - To amend

the budget to cover the cost of additional credit card service charges for fiscal year 2017 in the amount of $5,000.

Vote: Approved [Unanimous] 16. Budget Amendment 2-52/FYE 6/30/2017 General Fund-Victim Assistance Fund -

To amend the budget to provide funds for regular wages, benefits, and deficit reserves in the Victim Assistance Fund in the amount of $175,000.

Vote: Approved [Unanimous] 17. Budget Amendment 2-53/FYE 6/30/2017 Tax Allocation District Fund / TAD

Capital Projects Fund - To amend the budget to cover an operating transfer to the Capital Project Fund in the amount of $330,240.

Vote: Approved [Unanimous] 18. Budget Amendment 2-54/FYE 6/30/2017 District Attorney - To transfer funds to

cover the cost of regular salaries which were paid throughout for fiscal year 2017 in the amount of $18,541.

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Vote: Approved [Unanimous] 19. Budget Amendment 2-55/FYE 6/30/2017 CCBOC Medical Self Insurance Fund -

To amend the budget to cover the cost of supplies and claims expenses in the amount of $1,437,888.

Vote: Approved [Unanimous] 20. Budget Amendment 2-56/FYE 6/30/2017 Other General Government - To amend

the budget to cover the cost of retiree claims, sanitation expense, contract service fees and building improvement expenses in the amount of $1,659,734.

Vote: Approved [Unanimous] 21. Budget Amendment 4-135/FYE 6/30/2017 / Fund 307 - 2009 Reimposition

SPLOST - To amend the budget for payments received from the Cities of Forest Park, Lovejoy and Riverdale for road repair and maintenance work performed by Transportation and Development based on the Service Delivery Agreement in the amount of $518,678.

Vote: Approved [Unanimous] 22. Budget Amendment 4-179/FYE 6/30/2017 / Fund 306 - 2004 SPLOST - To

amend the budget for the Transportation and Development salaries and benefits related to work performed on SPLOST projects in the amount of $112,586.

Vote: Approved [Unanimous] 23. Budget Amendment 4-180/FYE 6/30/2017 / Fund 307 - 2009 SPLOST - To

amend the budget for the Transportation and Development salaries and benefits related to work performed on SPLOST projects in the amount of $1,968,548.

Vote: Approved [Unanimous] 24. Budget Amendment 2-12/FYE 6/30/2018 EMS - To amend in donations collected

to fund catering services needed for the 50th Anniversary Celebration in the amount of $8,500.

Vote: Approved [Unanimous] 25. Demolition Bond Refund for permit BP-2017-C644-9719 in the amount of

$500.00 to: Jason Mask & Company Inc.- 2509 Lovejoy Road, Hampton, Georgia 30228.





12. Consider request(s) of Human Resources Director, Pamela Ambles

Vote: Approved [4 to 1; Commissioner Franklin Warner opposed] 1. Administrative Secretary

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The Human Resources Department is requesting, on behalf of the Clayton County Board of Commissioners' Office of the Chief Operating Officer, the approval to add an Administrative Secretary to provide support for the Deputy Chief Operating Officer in an effort to increase effectiveness and efficiency of operations. The request is to add an Administrative Secretary, Grade 15/Step 1 at a salary of $31,221.00. The total cost of this request is $46,574. The funding source for this request is a 50/50 split from the General Fund and SPLOST.

Commissioner Franklin Warner stated we held this item last meeting and what has changed since then. Chief Operating Officer Detrick Stanford stated that 100% of the salary would have to be supported through SPLOST, but we went back and changed the funding source to 50% SPLOST and 50% General Fund. He stated they will track and keep up with exactly what is being spent within each funding sources the same way we do our other projects such as with the Transportation and Development employees. Commissioner Franklin Warner asked how can we substantiate this if we have lost employees because of funding; what substantiates this to be added? What caused the need for this position? COO Stanford stated that there has not been any administrative support associated with the Deputy Chief Operating Officer position; we have a lot of construction projects going on with us and other contractors; we want to make sure we have the proper support. Commissioner Franlkin Warner asked don’t we have someone in the Finance Department for that? CFO Bivins stated this employee is only an accountant for the SPLOST fund. Moreland Altobelli also provides support for the county and keeps reports to manage the SPLOST. We make sure we have everything accounted for on the county side. COO Stanford explained there is Finance Office, Moreland Altobelli and the Administrative position. Our DCOO has done a few other projects that would call for him to be out of the office and the Project Manager-some are capital related- which means the administrative support would still be needed. Chairman Turner asked is this the same position, the same salary and pay grade as other similar positions in the county. Director Pamela Ambles stated this is the same and there is no difference in salaries. Chairman Turner stated the majority of this board created the DCOO position; we need to be responsible to provide adequate resources for their job. It would be unfair to other employees and he thinks this is reason to add this position. Commissioner Franklin Warner stated her concern that there is a duplication of services going on. COO Stanford reiterated that the only difference is the DCOO is more than SPLOST including capital needs that are still held accountable for with no administrative support that is needed. Motion passed 4 to 1. Commissioner Franklin Warner opposed. Vote: Approved [4 to 1; Commissioner Franklin Warner opposed] 2. Finance - Assistant Accounts Payable Manager

The Human Resources Department is requesting, on behalf of the Finance Department, to add Accounts Payable Assistant Manager Grade 25 Step 1 (Total Compensation $71,037). Human Resources is also requesting to delete Accounting Technician Senior Grade 17/30 (Total Compensation $68,751). Budgetary impact of this position is $2,286. However, the part-time salary line

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item will be reduced to make up the difference; therefore, there will be no impact to the General Fund.

Motion passed 4 to 1. Commissioner Franklin Warner opposed. Vote: Approved [Unanimous] 3. Fire Department - Fire Payroll Technician

The Human Resources Department is requesting, on behalf of the Fire and Emergency Management, to reclassify Administrative Secretary Grade 15 - Step 1 (Total Compensation $46,574) to Fire Payroll Technician Grade 16 - Step 1 (Total Compensation $48,510). The budgetary impact of this request is $1,936.

Chairman Turner asked about the first total compensation and Director Ambles clarified that total is $46,574.00. Commissioner Franklin Warner asked about when we are going to do the study that the board asked about. Director Ambles stated she thanks the board and is currently working on this; we have already submitted an RFP to Central Services and hopefully it will be started in January and results within the next 3 months. Commissioner Franklin Warner asked about the items we have been changing, are they of an emergency nature that we couldn’t have waited to do that study. COO Stanford answered that they could have waited, but we know that even when we do the employee compensatory study, those jobs won’t be reverted back; so, there are already parody issues in those we have identified (PD and Fire). However, we are looking at having bigger conversations with department heads to talk about what criteria to have after these studies. Chairman Turner asked is the budgetary impact for the General Fund or the Fire Fund and Chief Merkison answered the Fire Fund.

Vote: Approved [Unanimous]

13. In-Kind Cost for Transportation Services

The Senior Services Department is requesting the Board of Commissioners to approve the use of In-Kind Match with Meals on Wheels for Aging funding received for the purpose of Senior Services trips provided by Clayton County CSA Transit through the Department of Human Services contract with Clayton County CSA. Approval of this match with the Meals on Wheels volunteer hours allows the additional needs of the Clayton County Senior population to be met. There is no financial impact to the county. Further, to authorize the Chairman to execute the agreement, and otherwise perform all acts necessary to accomplish the intent of the agreement; to authorize the Chief Financial Officer to amend the budget where necessary to reflect an appropriate revenue source and expense, all as may be required under the terms of the agreement.


14. AEO Foundation Grant

The Office of Youth Services is requesting the Board of Commissioners to authorize the Clayton County Office of Youth Services in collaboration with the Clayton Collaborative Authority to apply for the American Eagle Outfitters Foundation Community Grant in the amount of $2,500. Further, to authorize the Chairman to execute the agreement, and

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otherwise perform all acts necessary to accomplish the intent of the agreement; to authorize the Chief Financial Officer to amend the budget where necessary to reflect an appropriate revenue source and expense, all as may be required under the terms of the agreement.


15. Jesters Creek Enhancement Contract Extension

The Department of Parks and Recreation is requesting the Board of Commissioners to approve a Supplemental Agreement between the Georgia Department of Transportation and Clayton County Parks & Recreation on the Jesters Creek Trail Project. The contract was approved on September 21, 2016. The attached Supplemental Agreement will extend the reimbursement period to June 30, 2018. The time extension will allow the contractor to complete the Jesters Creek Enhancement Project and allow Clayton County to be reimbursed for expenses related to the project. Further, to authorize the Chairman to execute the agreement, and otherwise perform all acts necessary to accomplish the intent of the agreement; to authorize the Chief Financial Officer to amend the budget where necessary to reflect an appropriate revenue source and expense, all as may be required under the terms of the agreement.


16. Permanent Easement for the property located at 11650 SLR Boulevard in Lovejoy, Georgia

The Clayton County Water Authority requests that the Clayton County Board of Commissioners convey a permanent easement to maintain the stormwater utility system on the property identified by tax map parcel number 06134 156006 located at 11650 SLR Boulevard in Lovejoy, Georgia. Further, to authorize the Chairman to execute the easement agreement, and otherwise perform all acts necessary to accomplish the intent of the agreement.

Commissioner Hambrick asked if there is anyone from the Water Authority present because she received a question this afternoon regarding whether the Water Authority in the event they renege making repairs it would not fall back on the county in regards to the permanent easement; the constituent wanted some sort of insurance spoken. Attorney Reed stated we can get an answer for her tomorrow if she would like. Commissioner Hambrick stated she will have someone from the Water Authority talk to him and copy the documents for him.


17. Permanent Easement for the property located at 11866 Hastings Bridge Road in Lovejoy, Georgia

The Clayton County Water Authority requests that the Clayton County Board of Commissioners convey a permanent easement to maintain the stormwater utility system

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on the property identified by tax map parcel number 06132 156003 located at 11866 Hastings Bridge Road in Lovejoy, Georgia. Further, to authorize the Chairman to execute the easement agreement, and otherwise perform all acts necessary to accomplish the intent of the agreement.


18. ARC- Grant (NOFA)

The Senior Services Department is requesting authorization from the Board of Commissioners to apply for and accept grant funding from the Atlanta Regional Commission to provide essential services for the Aging Program in the amount of $646,320. The county provides a match of $530,000 which is the Aging Program employee salaries. Further, to authorize the Chairman to execute the agreement, and otherwise perform all acts necessary to accomplish the intent of the agreement; to authorize the Chief Financial Officer to amend the budget where necessary to reflect an appropriate revenue source and expense, all as may be required under the terms of the agreement.

Attorney Chuck Reed requested and Executive Session on litigation.


ADD-ON: Resolution 2017-72

Resolution 2017-72 - A Resolution authorizing a second amendment to the Purchase and Sales Agreement with Highwoods Realty Limited Partnership, a North Carolina Limited Partnership, to extend due diligence period; to authorize the Chairman to execute the amendment; to provide an effective date of this resolution; and for other purposes.


19. Appointment to the Mental Health, Developmental Disabilities, and Addictive Diseases Community Service Board to fill the expiring term of Birney Bowmaster. The term is three (3) years expiring on October 7, 2020. (Full Board appointment).

Motion made by Commissioner Franklin Warner, second by Chairman Turner, to approve the Appointment of Eric Bell. [Commissioner Franklin Warner's recommendation]. (Full Board Appointment). Vote unanimous.


20. ZONING PETITION: SCOTT BUTLER/MOD-17/06-9

The Applicant, Scott Butler, on behalf of Century Communities of Georgia, LLC, is requesting a Modification to the Embassy Trace – Phase I final plat subdivision to remove the zoning condition requiring 33% of homes to have a side-entry garage. The subject property is located at Highway 138 and Embassy Trace, Riverdale, Georgia, in Land Lots 185 and 186 of the 13th District. The subject property contains approximately 25.94+/- acres of land.

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The Planning & Zoning Staff and ZAG recommend APPROVAL

Commissioner District 2- Gail Hambrick

Chairman Turner asked was there anyone that wanted to speak in opposition to this zoning petition. When nobody came forward Chairman Turner asked the requester to come forward. Andy Welch of McDonough, Georgia came forward and stated that he is representing Scott Butler and his company. He briefly stated that the request is very straightforward and calls to remove the condition of Phase I: 33% requirement of homes to have a side entry garage. Kimberly Smith of Planning and Zoning stated that the staff recommends approval. Motion made by Commissioner Hambrick, second by Commissioner Franklin Warner to approve the zoning petition. Vote unanimous.


21. ZONING PETITION: SCOTT BUTLER/MOD-17/06-10

The Applicant, Scott Butler, on behalf of Century Communities of Georgia, LLC, is requesting a Modification to the Embassy Trace – Phase II Planned Unit Development subdivision to remove zoning conditions #1 and #8; and reduce the front yard setback. The subject property is located at Highway 138 and Embassy Trace, Riverdale, Georgia, in Land Lots 185 and 186 of the 13th District. The subject property contains approximately 25.33+/- acres of land.

The Planning & Zoning Staff recommends APPROVAL for Setback

Reductions and Condition #8. Staff recommends DENIAL for removal of

Condition #1

ZAG recommends APPROVAL w/conditions


Andy Welch of McDonough, Georgia came forward and stated that he is representing Scott Butler and his company. He stated that there is a condition with the trails allowing us to use mulch trails in the recreation area of Phase II, and a reduction in the front yard set back from 25 feet to 20 feet which would give us a backyard. One issue we have discussed is condition number one, which he would like to show. The configuration is an

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area over where the Atlanta Gas Line is located and there was about an acre of land divided into three lots (48, 49 and 50). He stated that based upon this configuration, it did not work so we want to make this into two lots; but in order to do that, condition number one has to be removed. Ms. Kimberly Smith and her staff has expressed their concern with the open space he stated; however, he wants to give some numerical facts pertaining to the open space so the board can get a better understanding. Mr. Welch explained that the subdivision is totaled to 53.67 acres and there are 116 lots. About 58% will be developed into lots and over 41% is undeveloped or in the recreational area. In a PUD, the requirement for open space is 20%. That 22 acres consists of 41% of the overall subdivision. We exceeded the requirement by 41% so we just want to use that 1 acre to put into two taxable lots and the open space will then be at 39.3%, which is still well in access of the zoning requirements. There is no detrimental damage being done since the space exceeds to requirements already. Commissioner Hambrick stated the concern is regarding the greenspace. Ms. Smith stated that Phase Two was approved as a site plan development and through the Planning and Development process. The applicant is asking to remove a condition that would allow them to reconfigure several lots in the subdivision at the expense of removing preapproved open space. Staff is of the opinion that it is not in the best interest of the site plan approval when it was initially approved; we would like to preserve at all costs and feel it would be detrimental to the community. Mr. Welch stated that instead of having three lots we would like to have the two lots put in. It is not an area that would be topographical or a wetland it is in the corner of the intersection of two streets; the proposed was an awkward space to begin with. It is not an environmentally sensitive area. There is an area that we would make recreational- such as playgrounds and walking trails- that interconnects to the whole subdivision area and the main streets. Ms. Kimberly Smith asked are they proposing to put houses on the gas line? Mr. Welch answered no we are not. Commissioner Hambrick asked Scott Butler does this area have a deep slope. Scott Butler approached the board and stated that he would like to clarify a few things: the condition number one from the zoning in 2012 stated to remove lots 48 and 50 and reconfigure lot 49. Those are the three lots at the corner of the intersection where the gas line ran in between these lots; so it will be just two lots instead of three. The issue with the open space evolved because the land plan- about ten lots away at a cul-de-sac- shows lots shown as open space at the site plan that was approved in 2012. The Zoning Advisory Group asked how are these related and Ms. Smith’s response was if we separate these two issues from the removal of condition one then she recommends approval and Zoning Advisory Group recommended her approval as well. He is requesting to remove that condition using our site plan and convert those three lots into two lots. Mr. Butler stated after that we will submit for lots 54 and 55 and that open space issue. The open space is not related to condition one. Lot 48 will have a bigger lot but Lot 49 has a typical size backyard because of the easement.

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Commissioner Gregory asked about the trails and playgrounds: at what point are they going to turn this over to the HOA and are they making it clear to the residents that they would have the responsibilities for these areas. Mr. Butler stated that before the first house is sold, we will establish recorded protective covenants for the community of Embassy Trace. When we do this, we will establish the Embassy Trace Home Owners Associations which encumbers the entire development. Then we will create a budget for them to operate under. In the beginning this budget will be funded under deficit funding which means the builder funds the construction of the open space, amenities, parks, playgrounds, trails; which then becomes the responsibility of the homeowners. We will have these homeowners who volunteered to be on the HOA. We meet with them and walk through the community, review the conditions, create a report, and repair if there are any deficiencies. We then hand over management of the association to the actual board; by that time, they may be funded 80% by the homeowners who pay their dues. Commissioner Hambrick asked for a timeline and Mr. Butler stated it really depends on the market. If we sell four houses a month, we are looking at about two and half years. Chairman Turner stated that there is a young woman who would like to come forward and speak about this petition. Ms. Deborah Hodge of Riverdale, Georgia came forward and stated that she resides in Embassy Trace and pointed out other homeowners of the subdivision in the audience. She stated she has a problem with condition #1 and condition #2 being quoted but in her book it states conditions #8. Ms. Smith clarified that it is indeed condition #1 and condition #8. She also pointed out that this development has been going on for over ten years and we have concerns about it. She agrees with the denial to remove condition #1; we feel this development is overdeveloped with the number of houses being built. We have storm drain and run off problems. When we attended the community meeting there was talk about sidewalks being built on 138 and the representative stated there was no sidewalks requested; we would like that to be included in the condition. In terms of the storm water and undisturbed buffers, we were concerned about homeowners not keeping that up and were told they would be responsible for keeping those areas clean. We want to include that as well in the conditions. She also expressed her concern about a cul-de-sac that has a steep drop off, and whether or not homes would be placed there. When asked about putting up a fence to the two steep drop offs she was told that would be the responsibility of the homeowners; so, she is concerned about the trash there and it being so close to the creek. She thinks transparency should be a requirement with these issues going on and if there was transparency that could be shown during the meeting on the board during these meetings, it would make things a whole lot easier; so when a zoning case is filed, a transparency will also be filed. Chairman Turner stated this would be an easy fix for the Zoning Advisory Group to put up a visual aid for people to see. He stated in regards to the storm water issue, the Clayton County Water Authority is responsible for that and when you actually pay your water bill a percentage goes toward that; so we definitely need to make sure they are being held accountable and that is always a clean water system. Ms. Butler stated we had

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problems when the first developer came and it affected those residents and we finally got another clean out for that area. Mr. Butler came forward and briefly addressed the storm water issue. He stated there was a summer meeting attended by several home owners to discuss this issue. We have since then done work to the rear of their properties and it was developed ten years ago by someone else before it was foreclosed on and we purchased it from an investor. We are not finished with it but should be in the next couple of weeks; we have solved that drainage problem. As far as the lot planning and the lots, he understands where Ms. Hodges is coming from. The condition one removal only affects lots 48, 49 and 50. Chairman Turner asked is there anyone else who would like to speak. When no one came forward, Commissioner Hambrick asked Ms. Kimberly Smith to state her recommendation, which is the same as the recommendation of the Zoning Advisory Group. Ms. Kimberly Smith stated that the recommendation is for approval. Motion made by Commissioner Hambrick, second by Commissioner Gregory, to approve the recommendation of the Zoning Advisory Group for the Removal of Condition #1 to allow re-configuration without the elimination or impact on open space. The Zoning Advisory Group and staff recommend approval to Remove Condition #8 and recommend approval to Reduce the front yard setbacks. Vote unanimous. Chairman Turner asked Mr. Butler to get with Ms. Hodges and the other homeowners sometime in the future to show exactly what he is talking about.


22. ZONING PETITION: SCOTT TAYLOR/CUP-17/08-32

The Applicant, Scott Taylor, on behalf of Skyway Towers, LLC, is requesting a Conditional Use Permit from Article 3.15 Office Institutional (OI) to allow for a wireless telecommunications facility. The subject property is located at 3250 Mount Zion Road, Stockbridge, Georgia, and otherwise known as parcel number 12-074B-A003. The subject property contains approximately 5.0+/- acres of land.

The Planning & Zoning Staff recommends APPROVAL

ZAG recommends APPROVAL w/conditions

Commissioner District 1- Sonna Gregory

Scott Taylor of Skyway Towers, LLC approached the board and stated that Skyway Towers, LLC is a wireless telecommunications tower builder and owner and it works with wireless carriers to develop wireless networks. We have an agreement with T-Mobile and in a particular area there is a spot of coverage and capacity issues. This is

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near the I-75 and 675 interchange and Highway 138. Also there are 2 or 3 sites located at 3250 Mount Zion Road. These issues are being looked into and in this situation there are no other locations for other antennas or towers. That is why we are looking at this site located at the Lutheran Church on Mount Zion Road (the church would receive the revenue). Skyway will place this tower in a wooded area behind the church and it is 125-foot-tall tower. He shared photo simulations to help illustrate the conditions. He pointed out the tower location, floating weather balloon, and the area. The illustrations show what the tower would look like and in 5-7 views the tower is not visible. The planning staff recommended approval as a monopole with no conditions or issues. No citizens expressed concerns. The ZAG recommended approval with the condition that the tower look like a pine tree; however, they do not wish for this to be included since the pole is not visible except being 30-40 feet above the tree line; a tree condition will not make this look any less visible or conceal it. We don’t require any other of our towers to be concealed and it would add about $50,000.00 to the cost and would only hurt the community and the church. We are requesting approval without this condition of the pine tree concealment. Commissioner Franklin Warner asked how many towers have they built in any other county and are they required to be concealed. He answered some counties have those conditions, but a pine tree condition should be judiciously used. Chairman Turner asked if there was anyone who would like to come forward to speak. Mr. George Earheart said he is the Pastor at Lord of Life Lutheran Church and he is speaking in favor of this zoning request. He stated that it is a heavily treed area and our property is over half of trees. For the wellbeing of the church, it offers the opportunity to get funding for our diversity of including blacks and Hispanics. Mr. Frank Ayres is a resident of Rex, Georgia and he is a member of the church council. He is in favor of this tower and explains that it will enhance our budget and help us sustain the church in our neighborhood. We are in the process of gaining an open church and are in desperate need of these finances. We want to maintain the church for the neighborhood and surrounding community. Commissioner Gregory stated that she is in favor of what the Zoning Advisory Group’s recommendation is to include the pine tree condition. She does want camouflage that helps us in our goals to set a standard in the community. She states she accepts the petition with the ZAG’s recommendation of the pine tree condition being include. Motion made by Commissioner Gregory, second by Commissioner Franklin Warner to approve the zoning petition with the ZAG condition that the cell tower is to have the appearance of a pine tree. Vote unanimous.

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23. ZONING PETITION: LAUREN CLAYTON/CUP-17/07-34

The Applicant, Lauren Clayton, on behalf of TowerCom V, LLC, is requesting a Conditional Use Permit from Article 3.29 Light Industrial (LI) to allow for a wireless telecommunications facility. The subject property is located at 6090 Pine Grove Road, Riverdale, Georgia, and otherwise known as parcel number 13-118B-A001. The subject property contains approximately 7.9+/- acres of land.

The Planning & Zoning Staff recommends APPROVAL

Zoning Advisory Group (ZAG) recommends APPROVAL w/conditions


Ms. Lauren Clayton on behalf of TowerCom V, LLC approached the board and stated that with her today she has Chip Bullock, Senior Vice President of TowerCom V, LLC, Mark Robenet, the RF Engineer for T-Mobile and Mr. Massey, T-Mobile representative; who are all available to answer questions that she cannot. Ms. Clayton explained that the zoning for this is light industrial and T-Mobile is the interested carrier; there is a coverage gap. She then showed a large map to the board showing the current gap and the existing towers coverage and the significant gap. She then showed the coverage that would be provided. The tower at this height will close this gap. Residents will be able to make calls inside their homes. She then provided another large map showing where the tower would be located and the view from various places. The Zoning Advisory Group recommended approval with the condition of the tower height being reduced to 160 feet. Commissioner Hambrick asked for Ms. Clayton to show the coverage gap map again and point out where Highway 85 is located on there; however, Ms. Layton was unable to locate it on the map. Ms. Clayton then clarified the opposition that took place during the meeting they had with a few citizens during a prior meeting. However, we are asking for the 185-foot height and not the reduced 160-foot height because of location feasibility which comports with the county ordinance; if we can carry up to 5 carriers, we would avoid that. Kimberly Smith stated staff has recommended approval with no conditions. Motion made by Commissioner Hambrick, second by Commissioner Franklin Warner, to approve the zoning petition. Vote unanimous.

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Motion made by Commissioner Gregory, second by Chairman Turner, to go into Executive Session to discuss litigation at 9:18 p.m. Vote unanimous.

Motion made by Commissioner Gregory, second by Chairman Turner, to go out of Executive Session at 9:35 p.m. Vote unanimous.

Motion made by Commissioner Gregory, second by Chairman Turner, to reconvene the Regular Business Meeting at 9:38 p.m. Vote unanimous.

Attorney Chuck Reed presented one (1) item before the Board for their consideration:

Motion by Chairman Turner, second by Commissioner Gregory, to approve the first item: The reinstatement of Mr. Allan Smithwick on terms of reinstatement of employment effective Monday, October 23, 2017, along with back pay in the amount of $245,732.47 which is the gross amount of pay he would have earned between his termination date and reinstatement date as well as leave hours. Vote unanimous.

Commissioner Franklin Warner stated that we have to align all of our departments disciplinary actions back to Human Resources so these liabilities can be limited.

There being no further business to discuss, motion made by Commissioner Gregory, second by Chairman Turner, to adjourn the Regular Business Meeting of October 17, 2017 at 9:39 p.m. Vote unanimous.

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Documents

Board of Commissioners - Regular Business Meeting - Oct 17