Though attention focused heavily on the future of Newton County’s legal counsel at Tuesday night’s Board of Commissioners (BOC) meeting, the board did work on other agenda items.

Despite the recommendation of the county’s Planning and Zoning Department, four members of the BOC failed to give a second to a motion by Commissioner Lanier Sims, District 2, to approve a request to rezone 2.57 acres of a 6.138 acre tract at the intersection of Highway 81 and Oak Hill Road.

The request was made by Boos Development on behalf of Family Dollar stores, requesting that the area, currently zoned CN, or neighborhood commercial, be rezoned CG, general commercial, allowing for the construction of an 8,500-square-foot store building. CN designation allows for retail or office building to be less than 5,000-square feet.

The rezoning would alter the current zoning as well as the future land use zoning.

However, the proposed store, which would be accessed via Highway 81, was heavily criticized by residents living nearby, many of whom pointed to the proliferation Family Dollar and Dollar General stores in the area. Concerns were also raised by the store’s proximity to the nearby Livingston Elementary School.

Sims asked Lloyd Kerr, the county’s Development Director, if a Georgia Department of Transportation (GDOT) study had been done to determine if right or left turn lanes would be needed. Robert Griest, a lawyer with Smith, Gambrell and Russell, LLP, of Atlanta, representing the development corporation, replied that the company used the method to determine traffic patterns from the Institute of Traffic Engineers.

In response to a question from Commissioner Nancy Schulz, District 3, Eric Flynn, a representative from Boos Development replied that Family Dollar doesn’t have a model for a 5,000-square-foot store.

Without a second, the recommended change in zoning died for lack of support. Schulz asked company representatives to meet with community members to work out an alternative plan for the store and to bring it back to the BOC in December.

Check register approved 5-0

For the first time in months, Schulz voted to approve the monthly check register, saying, “It seems to me I do not need to oppose this because we’re moving to a new model for legal.” The BOC approved the check register for October unanimously.

After viewing a presentation by Curtis Brown, Senior Account Executive with ABM Building Solutions, the BOC approved Sheriff Ezell Brown’s request for an energy saving performance contract. The company would measure the law enforcement center’s energy use and building “envelope,” which refers to the weather-tight level of the detention center and offices.

Savings, estimated at approximately $266,000, would pay for the upgrades and repairs, according to Curtis.

The BOC received a proposal to measure the county’s facilities concurrent with the work at the law enforcement center, reducing costs to the county.  Board members showed interest and requested the firm return in January with further information.

The Board approved the Sheriff’s request for the energy saving performance contract with ABM Building Solutions.

Enabling legislation drafted

Attorney Jenny Carter, of the W. T. Craig Law Firm, presented a draft of the enabling legislation that would change the county’s Form of Government, shifting all administrative responsibilities to the county manager and transforming the role of the chair into the political “face” of the county, representing and promoting its interests locally, regionally and nationally.

The BOC reviewed the draft. Commissioner Levie Maddox, District 5, told Carter he wanted to discuss reworking the section addressing the county’s code of ethics.

Sims requested that Chair Keith Ellis call a work session for Tuesday, Dec. 8 at 6:30 p.m., followed by a special called meeting in order for the BOC to vote on the legislation. This legislation must be ready in time for the local legislative delegation to review and present to the Georgia General Assembly in January.

The BOC also:

• Approved a resolution and ordinance establishing policies on the use of purchasing and credit cards by elected officials.
• Approved a resolution authorizing the lease of roll-off trucks for use at the landfill pending corrections clarifying terms, as suggested by Carter of the W. T. Craig Law Firm;
• Approved two resolutions for road work funded by the 2016 Local Maintenance Improvement Grant Operational Program (LMIG). The planned work includes re-striping and resurfacing Brown Bridge Road at Salem Road for an estimated $85,000, and installing a turn lane at Covington By-pass at State Route 36 for an estimated $40,000;
• Approved and passed a proposal for a contract with Eco-Tech Consultants for monitoring of remedial restoration of Beaver Dam Creek Mitigation Site. The monitoring is required annually for five years by the U.S. Army Corps of Engineers as part of the county’s landfill mediation plan.

In addition to normal business, the Pride of Eastside High School’s Brass Quintet performed the folk song, “Shenandoah,” John Philip Sousa’s “The Liberty Bell,” the theme song from “In the Heat of the Night,” and “The Star Spangled Banner” for the members of the BOC and the audience. Brandon Borg, a Young Marine, led the Pledge of Allegiance at the start of the meeting.