STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a regularly scheduled Public Meeting at 9:00 a.m. on Tuesday, January 2, 2007, in the Community Room, County Administration Building, 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:

 

          Jason T. Harper, Chairman,

          Warren E. Holder, District I Commissioner

          Elizabeth (“B.J.”) Mathis, District II Commissioner

          Randy Stamey, District III Commissioner

          Reid A. Bowman, District IV Commissioner

          Johnny B. Basler, District V Commissioner

 

Also attending were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Latonya Wiley, Deputy County Attorney; Rob Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager; Michael Harris, Planning and Development Division Director; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant to the County Manager; Mike Bush Finance Director; Angie Bailey, Interim Administration Division Director; Roy Clack, SPLOST/Capital Projects Director; and others.

 

(NOTE: Audio of this meeting is available with the County Clerk in the Board of Commissioners’ Office and will be retained for a period no less than twelve (12) months from the date of this meeting.)

 

Chairman Harper welcomed the new Commissioners, called the meeting to order and announced the following appeal of a Denial of a Site Plan Revision will not be heard.  This item has been removed per the applicant’s request.

Nick Nelson of Stockbridge, GA, AP-06-27-DPR, Commissioner Holder, District1

Nick Nelson of Stockbridge, GA requests an appeal of a denial of a site plan revision for property located at 395-401 McDonough Parkway. The property is located in Land Lot 157 of the 7th District, consisting of 1.0+/- acres.  The request was denied by the Development Plan Review Department.  An appeal was submitted to the Development Plan Review Department on November 29, 2006

Commissioner Holder made the motion to approve the amended agenda; Commissioner Mathis seconded.  The motion carried unanimously.

 

 

APPOINTMENT OF THE VICE-CHAIRMAN

          The Vice-Chairman will serve as the Vice-Chairman to the Board of Commissioner and will serve for a period of twelve (12) months and will serve in the Chairman’s absence.

          Commissioner Stamey made the motion to appoint Commissioner Elizabeth “BJ” Mathis, Commissioner District 2 as the Vice-Chairman; Commissioner Holder seconded.  The motion carried 4-0-1 with Commission Mathis abstaining.

PUBLIC SAFETY DIVISION

          Donation for the implementation of the CERT Program

          Staff stated this is a partnership with the City of Stockbridge where there has been training of employees on the Citizen Emergency Response Team Program (CERT) and the City is making a donation that will be used directly to purchase items for the program.

          Commissioner Mathis made the motion to approve the acceptance of the donation; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the CERT program is a vital part of emergency preparedness for the citizens of Henry County; and

          WHEREAS, the CERT program is a program that assist one to take care of family and then assist their community; and

          WHEREAS, The City of Stockbridge looks to partner in the preparedness of communities, through support of programs such as CERT.

          NOW, THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners authorizes the Chairman of the Henry County Board of Commissioners to accept the donation of $1,000 and execute any documents necessary to purchase CERT equipment.

 

          Donation for the implementation of the CERT Program

          Staff stated this is a partnership with the Henry County Water Authority, as an effort to assist the development of training of HCWSA staff.  The funds will be used directly to purchase items for the CERT program.

          Commissioner Holder made the motion to approve the acceptance of the donation; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the CERT program is a vital part of emergency preparedness for the citizens of Henry County; and

          WHEREAS, the CERT program is a program that assist one to take care of family and then assist their community; and

          WHEREAS, Henry County Water Authority looks to partner in the preparedness of communities, through support of programs such as CERT.

          NOW, THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners authorizes the Chairman of the Henry County Board of Commissioners to accept the donation of $1,000 and execute any documents necessary to purchase CERT equipment.

 

ADMINISTRATION

          Ratification of the Community Service Agency Contract with Hands of Hope Clinic

          Staff stated the Hands of Hope Clinic has been operating in Henry County since August of 2004.  This clinic is a free clinic staffed by volunteer medical professionals.  They provide health care and medication to uninsured residents of Henry County.  The operation was extended because of the growing needs.  The Clinic is requesting a donation from the County.  They received a donation from the County in 2004 when the Clinic began.  Should the Board approve the donation there will be a Service Contract.  It is recommended that the funds come from the Victims Witness Funds.  Mr. Adam Stanfield, the Executive Director for the Hands of Hope Clinic was present.

          Commissioner Holder commented that there is a one mil tax that goes to the Henry Medical Center for indigent care.  Commissioner Holder stated if the donation is approved there should be a condition that there is a match from the Henry Medical Center. 

          Adam Stanfield commented that Henry Medical Center provides the Clinic with numerous services.  They provide lab work free of charge and have been instrumental in securing over seventy one thousand dollars worth of radiology exams for the patients.

          Commissioner Holder thanked Mr. Stanfield for bringing this to his attention.

          Commissioner Mathis made the motion to approved a donation in the amount of $24,000 to the Hands of Hope Clinic; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

GRANTS ADMINISTRATION

          Acceptance of a grant from the Council of Juvenile Court Judges

          Staff stated the Henry County Juvenile Court has been receiving grant awards each year from the Council of Juvenile Court Judges for approximately ten (10) years.  The purpose of this grant award is to provide psychological and psychosexual evaluations for juveniles who enter the court system and also to provide counseling in the particular area of individual need for the juvenile.  The money is paid directly to the psychologist as contracted services.

          The Henry County Board of Commissioners approved an initial grant of $45,000 from the Council of Juvenile Court Judges for this program on October 16, 2006.  Juvenile Court has been awarded an additional $5,000 under the same grant.  There are no matching funds required.  Juvenile Court requests the Board of Commissioners to authorize the Chairman to sign the grant contract.

          Commissioner Holder made the motion to approve; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Henry County Juvenile Court provides psychological and psychosexual evaluations of juveniles in the court system; and,

WHEREAS, the evaluations are provided through contract services; and,

WHEREAS, the Council of Juvenile Court Judges awarded Henry County a $5000.00 grant for the purchase of such contract services in October, 2006; and,

WHEREAS, the Council of Juvenile Court Judges has awarded Henry County an additional $5,000.00 under the same grant for the purchase of such services; and

WHEREAS, there are no matching funds required for this grant;

NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners authorizes the acceptance of the Council of Juvenile Court Judges $5,000.00 grant and authorizes the Chairman to sign the grant contract and amend the budget based on the grant amount.

FINANCE

          An amendment to the 1996 SPLOST Capital Projects Fund Budget

          Staff stated the project-length budget for the 1996 Special Local Option Sales Tax Fund has not been modified in several years.  This request is a budget amendment correcting all budgets and adding interest revenue earned in the last two years.  There are currently four capital improvements projects and ten road improvement projects left in SPLOST I. 

          Commissioner Mathis made the motion to approve the budget amendment; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

          WHEREAS, Henry County adopts annual budgets for the General Fund, each Special Revenue Fund, and the Debt Service Fund, and

          WHEREAS, State law requires that each unit of local government shall adopt and operate under a project-length balanced budget for each Capital Projects fund in use by the government.  The project-length balanced budget shall be adopted by ordinance or resolution in the year that the project initially begins.  The project-length balanced budget shall appropriate total expenditures for the duration of the capital project; and

          WHEREAS, Henry County currently has five Capital Project Funds with projected length budgets.  They are the 1996 Special Local Option Sales Tax (SPLOST) Fund, the 2002 SPLOST Fund, the Capital Asset Fund, the Lease Purchase Fund, and the Impact Fee Fund; and

          WHEREAS, all funds with budgets need to be amended periodically to transfer funds from one account to another in accordance with O.C.G.A. 36-81-3.

          NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners approves the attached budget amendment for the 1996 SPLOST Fund.

 

SPLOST

          Budget Amendment and Bid Award for the widening and paving of North Mt. Carmel at Jonesboro Road

          Staff stated this project is a SPLOST I project.  It began as the paving of a dirt road (Farmer Drive) and was changed by the Board to intersection improvements at North Mt. Carmel and Jonesboro Roads and ultimately to cul-de-sac the dirt road Farmer Drive. 

          Sealed bids were solicited and two (2) were received and reviewed.  SPLOST recommended the low bidder, Baldwin Paving for the intersection improvement.  A budget amendment is needed to cover the construction and related cost in the amount of $800,000.00.

          Commissioner Bowman asked if staff was sure everything is included in the Baldwin Paving quote.  Staff stated yes. 

          Commissioner Mathis made the motion to approve the budget amendment and award the bid to Baldwin Paving; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, North Mt. Carmel at Jonesboro Road is a designated SPLOST I project that was moved from Farmer Drive to this intersection; and  

WHEREAS, sealed bids were solicited for the intersection improvement; and

          WHEREAS, two (2) sealed bids were received and reviewed; and

          WHEREAS, a budget amendment is needed to cover the construction and related cost in the amount of $ 800,000.00 making the total project budget $1,847,156.00; and

          WHEREAS, SPLOST recommends the low bidder Baldwin Paving in the amount of $1,416,585.00 for the intersection improvement; and

          WHEREAS, funding for this budget amendment is available from SPLOST I Unallocated; and

          NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a budget amendment and the proposal of Baldwin Paving and authorizes the Chairman of the Board to sign all necessary documents for the intersection improvement at N Mt. Carmel at Jonesboro Road.

All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved

PLANNING AND DEVELOPMENT

          Approval to Renew the Alcoholic Beverage Licenses

          Staff stated all requirements have been met to renew all alcoholic beverage licenses for 2007. 

          Commissioner Stamey made the motion to approve; Commissioner Holder seconded.  The motion carried 4-0-1 with Commissioner Bowman abstaining.  The following resolution was approved:

WHEREAS, All License Holders of Alcoholic Beverages are required to be renewed at the first scheduled meeting in January; and

 

WHEREAS, All License Holders of Alcoholic Beverages has met the required specifications set forth in the Henry County Alcoholic Beverage Ordinances.

 

NOW,          THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners grants said Alcoholic Beverage License for the Year of 2007 (Per the List Provided)

 

          Appeal for the Interpretation of the number of lots to be allowed on the Final Plat for Brightwood Place, Phase II on Turner Church Road

          Chairman Harper announced that Commissioner Stamey would be abstaining from this agenda item.

          Staff stated the request is an appeal, by the applicant, of the decision by the Development Plan Review Staff concerning a particular condition imposed on Phase II of the Brigtwood Place subdivision. 

          The property consists of 13.09 +/- acres, and the request is, specifically, for an interpretation of condition #9 which states “the total number of homes will not exceed thirteen (13), two (2) of which are already on the subject property”.  The final plat for Brightwood Place, Phase II, illustrates fourteen (14) lots.  The applicant contends that the lot fronting Turner Church Road is an outparcel and should not be included in the overall lot count for Phase II.  Staff contends that this lot was included on the survey that was submitted with the original request for rezoning and is thus subject to all conditions imposed by the Board of Commissioners.

          Commissioner Mathis asked if this request should have come as a modification request.  Staff stated a modification could have been requested.  The interpretation is the front lot has been removed and the subdivision has not exceeded the thirteen (13) lots. 

          Frank Potts, representing the applicant, stated they are at the final plat stage and are trying to get this issue resolved so that lots can be sold to the builder.  The construction plans were approved and the current layout is better than the original.  Extensive renovation was done to the existing home on the property.  The home was sold and the homeowners approve of the proposed homes.  The other existing home on the property was torn down.  The request is to remove the two (2) existing homes and add that the total new homes should not exceed thirteen (13). 

          Chairman Harper stated if the outparcel is removed the applicant has not violated the term of the zoning not to exceed thirteen (13) homes; if you include the outparcel he would violate the terms by one home.  The question is whether to include the outparcel or not in the interpretation.  The applicant’s interpretation is a plat was submitted removing the outparcel and is requesting to build thirteen (13) homes. 

          Commissioner Holder commented that he remembered when this rezoning came before the Board.  In the past, when there is an existing home on the property, it is usually considered an outparcel.  It would be an outparcel because it would not comply with certain conditions placed on the new homes within the subdivision. 

          Chairman Harper called for public comments from anyone wishing to speak in opposition to the request; there was no response.

          Commissioner Bowman made the motion to approve the applicant’s request; Commissioner Holder seconded.  The motion carried 4-0-1 with Commissioner Stamey abstaining.  The following resolution was approved:

WHEREAS, Mr. Frank Potts has filed a Notice of Appeal for an interpretation of Condition 9 of the Brightwood Place, Phase II, subdivision on Turner Church Road and;

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

          WHEREAS, a final plat was submitted, reviewed and denied through the Development Plan Review Department and;

         

          WHEREAS, the property is located in Land Lots 86 and 107 of the 7th District (Parcel ID # 121-02-046-000 and 121-02-046-001) along Turner Church Road

 

          NOW THEREFORE BE IT RESOLVED, the Board of Commissioners approves a lot count of fourteen (14) lots for Brightwood Place, Phase II.

 

BOARD AND AUTHORITY APPOINTMENTS

          Henry County Development Authority

          District 1 - Commissioner Holder deferred to the next meeting

          District 2 – Commissioner Mathis made the motion to reappoint Mr. Ross Cook; Commissioner Stamey seconded.  The motion carried unanimously.

          District 3 – Commissioner Stamey made the motion to reappoint Ms. Vickie Loper; Commissioner Mathis seconded.  The motion carried unanimously.

          District 4 – Commissioner Bowman made the motion to reappoint Mr. David Gill; Commissioner Holder seconded.  The motion carried unanimously.

          District 5 – Commissioner Basler made the motion to reappoint Mr. James White; Commissioner Stamey seconded. The motion carried unanimously.

          Henry County Recreation Board

          District 1 – Commissioner Holder made the motion to reappoint Mr. Wayne Chumbley; Commissioner Stamey seconded.  The motion carried unanimously.

          District 2 – Commissioner Mathis deferred to the next meeting.

          District 3 – Commissioner Stamey made the motion to reappoint Mrs. Carla Daniel; Commissioner Holder seconded.  The motion carried unanimously.

          District 4 – Commissioner Bowman deferred to the next meeting.

          District 5 – Commissioner Basler made the motion to appoint William Bates; Commissioner Stamey seconded.  The motion carried unanimously.

          Henry County Library Board of Trustees

          District 1 – Commissioner Holder deferred to the next meeting

          District 3 – Commissioner Stamey made the motion to reappoint Mrs. Sandy McGarity; Commissioner Holder seconded.  The motion carried unanimously.

          District 4 – Commissioner Bowman deferred to the next meeting

          District 5 – Commissioner Basler made the motion to appoint Ms. Kitty Cox; Commissioner Stamey seconded.  The motion carried unanimously.

          Henry County Zoning Advisory Board

          Chairman – Chairman Harper made the motion to reappoint Mr. Andy Calhoun; Commissioner Stamey seconded.  The motion carried unanimously.

          District 1 – Commissioner Holder made the motion to reappoint Mr. Scott McCarter; Commissioner Bowman seconded.  The motion carried unanimously.

          District 2 – Commissioner Mathis made the motion to reappoint Ms. Pamela White; Commissioner Stamey seconded.  The motion carried unanimously.

          District 3 – Commissioner Stamey made the motion to reappoint Mr. Charles Mobley; Commissioner Mathis seconded.  The motion carried unanimously.

          District 4 – Commissioner Bowman made the motion to appoint Mr. William “Bill” Herndon; Commissioner Holder seconded.  The motion carried unanimously.

          District 5 – Commissioner Basler made the motion to reappoint Mr. Mike Hightower; Commissioner Stamey seconded.  The motion carried unanimously.

          Henry County Water and Sewerage Authority

          District 1 – Commissioner Holder made the motion to reappoint Mr. Al Smith; Commissioner Mathis seconded.  The motion carried unanimously.

          District 2 – Commissioner Mathis made the motion to reappoint Mr. Ken Phillips; Commissioner Stamey seconded.  The motion carried unanimously.

          District 3 – Commissioner Stamey made the motion to reappoint Mr. Jimmy Carter; Commissioner Holder seconded.  The motion carried unanimously.

          District 4 – Commissioner Bowman deferred to the next meeting.

          District 5 – Commissioner Basler made the motion to appoint Mr. Kirk Emerson; Commissioner Bowman seconded.  The motion carried unanimously.

          Henry County Council on Aging

          District 4 – Commissioner Bowman deferred to the next meeting.

          District 5 – Commissioner Basler deferred to the next meeting.

COUNTY MANAGER COMMENTS

          No comments

COUNTY MANAGER COMMENTS

          No comments

PUBLIC COMMENTS

          Mr. John R. Miller, 166 Laney Drive stated he has lived in Henry County his entire life.  He discussed a subdivision being developed by Mr. Hudgins on Laney Road.  Mr. Miller stated it is his understanding that when developing a subdivision you have to pave the road; Laney Road is in terrible condition. (Mr. Miller presented photographs of the condition of the road.)  Several staff members have been contacted regarding the conditions of the road.  Mr. Miller asked, how can the subdivision be approved with the conditions of the road?  The developer has been working on the road since October, 2005 and something needs to be done with the road. The main question is if the developer will be issued building permits with the road in its current condition. 

          Commissioner Holder stated under normal circumstances the Board does not respond to public comments but he asked Mr. Miller to bring this issue to the Board.  This is an ongoing project.  He visited the development and asked that staff visit the development also.  It was agreed that something has to be done.  Commissioner Holder stated he spoke with the Development Plan Review Department and no permit will be issued to the developer to proceed until the road is brought into compliance. 

UPCOMING MEETINGS

Monday, January 15, 2007, Holiday – No Meeting,

Tuesday, January 16, 2007 @ 6:30 p.m.

Monday, February 5, 2007 @   9:00 a.m., regular BOC meeting

Tuesday, February 6, 2007 @   9:00 a.m., regular BOC meeting

Monday, February 19, 2007 @ 9:00 a.m. regular BOC meeting

Tuesday, February 20, 2007 @ 6:30 p.m., regular BOC meeting

EXECUTIVE SESSION

          Commissioner Mathis made the motion to enter into executive session for litigation, personnel, and real estate acquisition matters; Commissioner Basler seconded.  The motion carried unanimously.

 

AN EXECUTIVE SESSION WAS HELD

 

          Commissioner Mathis made the motion to reconvene into public session; Commissioner Bowman seconded.  The motion carried unanimously.

          Commissioner Mathis made the motion to approve the executive session affidavit; Commissioner Basler seconded.  The motion carried unanimously.

ADJOURNMENT

          Commissioner Mathis made the motion to adjourn; Commissioner Bowman seconded.  The motion carried unanimously.