STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Regular Public Meeting at 6:30 p.m. on Tuesday, January 20, 2009, 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:

 

                        Elizabeth “BJ” Mathis, Chairman,

Reid A. Bowman, Vice-Chairman, District IV Commissioner

Warren E. Holder, District I Commissioner

Rick Jeffares, District II Commissioner

            Randy Stamey, District III Commissioner

Johnny B. Basler, District V Commissioner

Also attending were Shay Mathis, County Clerk; LaTonya Nix-Wiley, County Attorney; Rob Magnaghi, County Manager; Michael Sabine, Assistant County Manager;  Mike Bush, Finance Director; Angie Bailey, Social Services Division Director; Terry McMickle, Public Works Division 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 Mathis announce the following rezoning would not be heard at the meeting:

Emerald Capital Partners of Forest Park, GA; RZ-08-22; Commissioner Stamey, District 3 (Presenter:  Stacey Jordan, Chief Planner)

The request is to rezone property from RA (Residential-Agricultural) to RM (Multiple-Family Residence) for property located on the north side of Foster Drive and immediately east of Walnut Creek.  The property is located in Land Lot 81 of the 6th District, consisting of 86.7 +/- acres, and the request is for the development of an apartment complex.  The Zoning Advisory Board recommended denial of the request.

Chairman Mathis called the meeting to order and called for an acceptance of the agenda. The agenda was amended to add an Update of the Housing Situation in Henry County to be presented by Steve Cash.  Commissioner Basler made the motion to approve the agenda; Commissioner Stamey seconded.  The motion carried unanimously

Presentation by Steve Cash

Steve Cash, Executive Director of Henry Council for Quality Growth made a presentation to the Board regarding the Housing Situation in Henry County.  After the first 100,000 residents of the county, the commercial uses increased and the same thing will hopefully happen after there are 200,000 residents.  For many years Henry County was a legend.  Henry County has been in the top 10 in growth and new residents for the past 12 to 14 years and has been legends as a result.  As a result of being legends, there was a deep impact as the county began to grow.  Quality schools, additional hospital space, etc. for people who have lived in the county all their life and wanted to see things happen in Henry County.  In 2007, 13,000 homes were built in nine metro counties and they supported 5,000 jobs.  In the metro, a 28 county group produced 2.5 billion in income.  The 13,000 homes generated $114 million in local taxes and fees on a reoccurring base.  According to recent studies, new housing pays for itself relatively quickly.  The experts say a new home pays for itself in two years as far as the infrastructure around it.  In 2002 there were 3,545 permits which resulted in 5,712 construction jobs only.  The building industry was the largest industry from the year 2002 to 2006.  In 2002, there was $369 million in local income, $26 million in local taxes, $3.2 million in permit fees, $453 million in construction cost.  From the year 2000 to 2008, $3.8 billion came to Henry County in construction cost alone. 

The next step is finding Neverland.  Try to find out who we are, where we are, where we go from here and how will we do it.  Some things have already started such as the Comprehensive Land Use Plan, the Unified Land Development Plan, and the Transportation Plan.

Next is the transformer.  The building industry (Henry Council for Quality Growth) want to transform into the good guys of the industry working with the County and the Cities to make sure the good guys are doing the right things and following the plan and guide the way they want to transform into neverland so again they can have a deep impact and leave a legacy in Henry County. There is a mission (Mission Impossible) that is not impossible.  The Henry Council for Quality Growth would like to assist and be a part of positive quality growth in Henry County.

Transportation

            Cheri Matthews, Director of Transportation Planning presented the agenda item to the Board.  The resolution is to reaffirm the support of the I-75 at Jodeco Road Interchange Project.  The bridge capacity project is sponsored by the Georgia Department of Transportation with Federal and State funding available.  The project has been underway since 1998 and the preliminary engineering was authorized in 1999.  The right-of-way plans have been approved but funding has not been identified for the right-of way plans.  The total project cost is estimated to be $54 million with $33 million being allocated for construction funding only.  After recent discussions regarding this project, staff felt the need to reaffirm with the Georgia Department of Transportation (GDOT), the Atlanta Regional Commission (ARC) and the Legislative Delegation our commitment to make sure the project is high priority for Henry County. 

            Commissioner Holder asked if this project was part of the $250 million that Rep. Davis referred to in a joint meeting with the Board of Education.  Mrs. Matthews stated she was not aware of the $250 million but ARC along with GDOT has been working for approximately eleven months on a project priority list.  It’s understood that this particular project is not in jeopardy of being moved, but there is funding that has not been allocated for the right-of-way.

            Commissioner Holder asked if this resolution would put any of the county’s other projects in jeopardy for funding with GDOT.  Mrs. Matthews stated it would not put any other projects in jeopardy because this project is within the Transportation Improvement Program (TIP) since 1999 and the purpose is for the TIP to be a six year program.  Given that this project has been in the program beyond the allocated time frame, this project is not in comparison with any other project.  If that is the case staff has not been made aware of that.

            Commissioner Holder stated when a resolution regarding this project was sent to the Local Delegation last year, there were questions regarding the lanes on I-75 and the Jodeco Bridge project.  Mrs. Matthews stated last year when ARC was in the process of developing the Regional Transportation Program and the Transportation Improvement Program the County was notified that there were projects that may need to be reevaluated and prioritized.  At that time the I-75 at Jodeco Road Bridge Project was not one of the projects that needed to be reprioritized.  It was made clear to ARC and GDOT that not only is the bridge a priority but I-75 is a priority as well.  Both projects can be funded.   Approving the resolution is in no way saying that the Board is not supporting the I-75 project because currently the only project planned for I-75 is the southbound auxiliary lanes. 

Commissioner Bowman stated after the resolution was passed last year supporting this project, information was received from ARC that strongly recommended that the county not give up the bridge and there were basically two pots of money.  There was a meeting after receiving this information and some of the Board members were told that Henry County was going to get the bridge and nothing else could be done.  At a recent meeting with GDOT Commissioner Gena Evans, Gerald Ross again stated that no money would come from the bridge project for the widening of I-75.  It has been stated on a number of occasions that no funding would be moved. 

Mrs. Matthews stated there were two different funding sources for the two projects but what has changed is that originally the funding was GARVEE (Grant Anticipation Revenue Vehicles) bonds.  The right-of-way and construction was to be funded by GARVEE bonds and the balance would be taken care of with Federal Funds.  Since meeting with the GDOT Commissioner the funding sources changed to National Highway System Funds.  That changed the parameter of the information initially given.  There are no longer any bonds available for any projects.  The funding had to be shifted to a different category to keep the project in the TIP (Transportation Improvement Program).

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

WHEREAS, The Atlanta Regional Commission (ARC) is the designated Metropolitan Planning Organization (MPO) that develops and maintains regional transportation plans and programs for the 18-county Metropolitan Planning Area; and

            WHEREAS, Henry County is part of the 18-county Metropolitan Planning Area; and

WHEREAS, the Regional Transportation Plan (RTP) is a long-range plan which includes a balanced mix of projects such as bridges, bicycle paths, sidewalks, transit services, new and upgraded roadways, safety improvements, transportation demand management initiatives and emission reduction strategies; and

WHEREAS, currently the Interstate 75/Jodeco Road Interchange Capacity Project (HE-AR-216) is listed in the FY 2008-2013 Transportation Improvement Program (TIP) as a programmed project, with an Open Year of 2012; and

WHEREAS, the aforementioned project has been underway since 1998 and the Preliminary Engineering was authorized in 1999; and

WHEREAS, the Henry County Board of Commissioners supports and seeks to make sure that the project remains a priority project in the current TIP and is completed in a timely manner; and

WHEREAS, the Comprehensive Transportation Plan (CTP) has identified needed transportation improvements within the Jodeco Road Corridor from Flippen Road to Interstate 75 as a recommended project improvement in Henry County; and

WHEREAS, the Jodeco Road Interchange Capacity Project project will provide much needed immediate relief to the surrounding arterials and will further provide an essential east-west connection, allowing for better mobility for citizens traveling thereon.

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners reaffirms its support for the aforementioned roadway upgrade and improvements; and

            NOW THEREFORE, BE IT  FURTHER RESOLVED THAT the Henry County Board of Commissioners has designated the aforementioned Jodeco Road Interchange Capacity Project as a high priority transportation project due to the significant, positive impact it will bring to the citizens of Henry County; and

NOW THEREFORE, BE IT FURTHER RESOLVED that the Henry County of Board of Commissioners urges the Henry County legislative delegation to actively support the aforementioned Jodeco Road Interchange Capacity Project as a high priority transportation project.

Recognition of Transit Drivers

            The Board recognized those drivers in the Transit Department that did not have a preventable accident in 2008.  The drivers drive a lot of miles each day and often in very congested traffic.  While driving they monitor the passengers for their safety.  The Board presented the following people with safety certificates for this achievement: David Owens, David Pike, Faith Strickland, Jim Burley, Jeff Phillips, Priscilla Rahming, Sissy Barnett, Stacey Pye, and Susan Kerrison.

Fiscal Year 2010 Rural Transportation Operating and Capital Assistance Program

            David Williamson, Transit Director presented the agenda item to the Board.  The request is for authorization to submit an annual grant application for the Georgia Department of Transportation’s Rural Transportation Program.  This program covers operating and capital assistance.  The County is eligible for reimbursement up to $402,694.00 for operating assistance.  Also included in the application is four (4) vehicles valued at $206,400.00 and the county cost is 5% which is $10,320.00.  The total obligation to the county is $413,014.00.

            Chairman Mathis asked what happens to the old vehicles.  Mr. Williamson stated they are returned to GDOT every five (5) years or when they reach over 100,000 miles. 

            Commissioner Stamey asked if the county’s share was budgeted.  Mike Bush, Finance Director stated the application is for 2010 and a budget has not been adopted.  The request is inline with the 2009 budget and the revenue for 2010 could possibly be higher.

            Commissioner Holder asked if there was any indication that the matching funds or level of participation from the State or Federal agencies will be cut back from what it has been in the past.  Mr. Williamson stated there has been no indication of that.  In the current application the state and federal funds have increased.

            Commissioner Holder made the motion to authorize the application; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Georgia Department of Transportation has agreed to apply for renewal of the Section 5311 Rural Transportation GRANT  for Transit Operating Assistance and Transit Capital Improvement Assistance for Henry County Board of Commissioners (d.b.a., Henry County Transit) for rural public transportation; for the period of July 1, 2009 thru June 30, 2010;

WHEREAS, Henry County Board of Commissioners can collect up to $402,694.00 in Operating expense reimbursements;

WHEREAS, Henry County Board of Commissioners must provide a local match of $402,694.00; which will be included in Henry County Transits annual departmental budget;

WHEREAS, Henry County Board of Commissioners can receive four (4) 16 passenger Goshen II vehicle with wheelchair lift valued at $­­­­206,400.00;

WHEREAS, Henry County Board of Commissioners must provide a local match of $10,320.00; which will be included in Henry County Transits annual departmental budget;

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners agrees to apply for GA DOT Section 5311 Rural Transportation Transit Operating Assistance and Capital Improvement Assistance.

 

 

Harold Gilliam of McDonough, GA – RZ-08-15

            Stacey Jordan, Chief Planner presented the agenda item to the Board.  The request is to rezone property from R-2 (Single-Family Residence) to RA (Residential-Agricultural) for property located at 176 Crumbley Road.  The property is located in Land Lot 7 of the 7th District, consisting of 5.8 +/- acres.  The request is for a future single family residence.  The Zoning Advisory Board recommended approval of the request.  The subject property was rezoned at the same time as the East Lake Estates subdivision.  Due to topographical constraints the applicant did not plat the subject property with the subdivision but instead wishes to wipe clean the R2 (Single-Family Residence) zoning with the conditions and to go back to RA (Residential-Agricultural) zoning.  The applicant has made an agreement with his neighbor to transfer a portion of his property, approximately 40’ x 100’ to serve as a buffer. 

            Commissioner Holder asked if the subject property was included in the calculations for greenspace for the East Lake Estates subdivision.  Mr. Jordan stated he believed the subject property was platted at one time with the subdivision.  It was subsequently re-platted and currently is not plated with the subdivision and is not included in the calculations for greenspace for the subdivision. 

            Commissioner Holder stated the East Lake Estates Subdivision, without the subject property, qualifies for the amount of greenspace.  Mr. Jordan stated it does and in the conditions that were placed on the subdivision described the open space but never stated the amount of open space there was to be. 

            Commissioner Holder stated the subject property appeared to be land locked with an easement to Crumbley Road.  Mr. Jordan replied the statement was correct but the tax map was incorrect. Commissioner Holder asked when the easement was granted access from the subject property to Crumbley Road.  Mr. Jordan stated it has been a common understanding that the easement is to gain access to the property because the tax map is incorrect.  But it is the exact opposite, the property has always had deeded land to access Crumbley Road, the easement was for the previous owner to access the lake on the property.

            Commissioner Holder stated the 30’ indicated on the plat is actually deeded right-of-way and not an easement.  Mr. Jordan stated that was correct. 

            Terry McMickle, Public Works Division Director stated for clarification the 30’ feet is not deed right-of-way owned by the county but a 30’ strip making the subject property a flag lot.  Commissioner Holder clarified the 30’ is deeded property to Crumbley Road for the subject property.  Mr. Jordan stated that was correct and that is the only access to the subject property.

            Harold Gilliam, the applicant was present.  The subject property is for a single-family home.  Mr. Gilliam stated he had spoken to the adjoining property owners and there was an offer to donate 100’ x 40’ tract of land to use as a buffer.  The applicant has offered to install a split rail fence around Betty Bagwell’s property on the 30’ right-of-way surrounding her home.

            Commissioner Stamey asked, for clarification, if the 100’ x 40’ tract of land was adjacent to Mr. Hood’s property.  Commissioner Stamey asked if that could be condition #7.  Mr. Gilliam stated he was in agreement with that.

            Commissioner Basler stated the applicant has agreed to install a split rail fence around Ms. Bagwell’s property; what about the property to the south.  Mr. Gilliam stated he will fence both sides of the driveway.

            Commissioner Holder asked if Mr. Hood, one of the adjoining property owners, was in agreement to donate the 100’ x 40’ strip of land.  Mr. Hood indicated yes he was in agreement.

            Chairman Mathis called for public comments from anyone in opposition of the request; there was no response.

            Chairman Mathis called for public comments from anyone in favor of the request.  Betty Bagwell, a resident of Crumbley Road spoke in favor.

            David Hood, resident of Crumbley Road stated for the record he initially asked for the 100’ x 40’ tract of land because there was a lot of opposition to the East Lake Estates subdivision and the homeowners on the other side of the creek had 50’ buffers.  Mr. Hood asked Mr. Gilliam about a 50’ buffer and he offered to deed the 40’ x 100’ tract of land.

            Commissioner Stamey made the motion to approve the rezoning with the additional condition (#7) to read:  The developer/applicant has voluntarily agreed to grant a portion of property a minimum of 40’ x 100’ to be combined with parcel 102-02037000; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Harold Gilliam of McDonough, GA (RZ-08-15) applied to rezone property from R-2 (Single-Family Residence) to RA (Residential-Agricultural) for the development of a future single family residence at 176 Crumbley Road, (Parcel ID Number: 103-02-040-000) in Land Lot 7 of the 7th District, consisting of 5.8 +/- acres; and

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

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

WHEREAS, the Henry County Zoning Advisory Board reviewed and recommended approval of the request on November 13, 2008; 

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves request with the following seven (7) conditions:

  1. There shall only be one (1) parcel and one (1) dwelling unit. Any portion of this property subsequently sold must be combined with an existing parcel so that no additional parcels are created.
  2. Should a driveway pipe be necessary for access to the property, the pipe is to have safety flared end sections.
  3. A PVC split rail fence three (3) rails high shall be constructed all along the property line shared with that parcel owned now or formerly by Ms. Betty Bagwell known as 182 Crumbley Road (Parcel ID# 103-02-040-001) to include the area of subject property adjacent to Ms Bagwell’s back yard and side yard up to the right-of-way of Crumbley Road.
  4. Notwithstanding anything to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in such a manner so as to require any violation of any existing building, development, stormwater and/or any other applicable codes.
  5. Any single-family house shall have all exteriors constructed of either all brick or a combination of stone, masonry or hardi-plank siding (or some other element siding); clapboards, shakes or shingles; or some combination of these materials; provided that no more than twenty-five percent (25%) of the home, including eaves, soffits and overhangs, shall consist of hardi-board, hardi-plank, or other cement siding. The builder shall delineate how many feet of the home elevation is masonry and what percentage is vinyl depicted on the plans.
  6. The house shall have a minimum of 2,500 square feet of floor space.
  7. The applicant/developer has voluntarily agreed to transfer a portion of property a minimum of forty feet (40’) by one hundred feet (100’) to be combined with Parcel 102-02-037-000. [A legal exchange for the transfer of property must include the transfer of at least $1 to the seller.]

Performance Partnership Agreement with GEMA

            Don Ash, EMA Director presented the agenda item to the Board.  The Performance Partnership Agreement (PPA) is an agreement between Georgia Emergency Management (EMA) and the local emergency management agency to provide additional funding to carry out the mission as the EMA for Henry County.  All qualifications have been met and the funding has been received and will be used in the EMA as well.

            Commissioner Stamey made the motion to approve the request and authorize the Chairman to sign the agreement; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Henry County Emergency Management Agency serves all the communities of Henry County; and

            WHEREAS, the Emergency Management Agency will have direct responsibility for the organization, administration, and operations of the local organization for emergency management; and

            WHEREAS, the Performance Partnership Agreement, with Georgia Emergency Management Agency, provides funding in the amount of $2,880.00 to the Henry County Management Agency.

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners authorizes the Chairman of the Board of Commissioners to execute the Performance Partnership Agreement with Georgia Emergency Management Agency on behalf of the Henry County Board of Commissioners.

Donation from the Department of Human Resources

            Don Ash, EMA Director presented the agenda item to the Board.  Part of the mission of the Emergency Management Agency of Henry County, the Pandemic Committee and the District IV Public Health is the partnership to prepare the citizens and the county for the affects of pandemic flu.  The funds will be used in implementation to enhance public education.

            Commissioner Stamey made the motion to accept the donation from the Department of Human Resources; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Henry County Emergency Management Agency serves all the communities of Henry county; and

            WHEREAS, the Henry County Emergency Management Agency will have direct responsibility for the organization, administration, and operations of the local organization for emergency management; and

            WHEREAS, the Pandemic Flu Committee, works to assist our local community to address the impact of a pandemic flu outbreak,

            WHEREAS, funding provided through District IV Public Health, assists the local government to prepare and educate the citizens of Henry County.

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners authorizes the Chairman to accept the funds of $13,000.00 from the Georgia Department of Public Health.

Donation from Wal-Mart

            Don Ash, EMA Director presented the agenda item to the Board.  Wal-Mart has been a very important part of the CERT Program in Henry County.  They are again making a donation for the enhancement and improvement in equipping our citizens in the program.

            Commissioner Stamey made the motion to accept the donation; Commissioner Basler 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 teaches one to take care of family and then assist their community; and

            WHEREAS, Wal-Mart 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.

 

 

Bid to purchase duty gear and supplies for the Police Department

            Major Danny Butler, Police Department presented the agenda item to the Board.  The Purchasing Department listed a bid for the purchase of duty gear and supplies.  Seven (7) vendors responded and of those, three (3) were selected and recommended for Board approval.

            Commissioner Holder made the motion to approve the recommendations and award the bid; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, sealed bids (SB-09-08-111808-3) were solicited for the purchase of Duty Gear and Supplies for the Police Department; and,

            WHEREAS, seven (7) vendors submitted bids for this purchase, as indicated, on attached Bid Tabulation and,

            WHEREAS, funds are available in the Police Department account to complete these purchases; and,

            WHEREAS, departmental personnel recommend award to the following vendors: GT Distributors, Command Uniforms and DGG Taser for the purchase of Duty Gear and Supplies; award is based on the lowest bidder per line item. 

            NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-09-08-111808-3 to GT Distributors, Command Uniforms and DGG Taser; award as a unit/ price contract with no fixed quantities; prices shall remain fixed for the contract period.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase. In accordance with the Contract’s terms and conditions; the department may obtain product from the next low bid Contractor, if lowest bidding Contractor is unable to provide product.

Master Plan for Nash Farm

            Michael Sabine, Assistant County Manager presented the agenda item to the Board.  Previously through Resolution 08-84 the Board of Commissioners laid out some parameters to request a proposal document for Nash Farm Park in terms of looking at the facility as a passive park.  A portion of the facility will be established and reserved for the battlefield and the remainder of the park would be devoted to passive recreation as opposed to active recreation.  Some of the passive recreation that was established through the previous resolution was paved walking trails, bike trails, equestrian trails, picnic pavilion, and an heirloom plant garden.  Request for proposals were issued and twenty nine (29) proposals were received.  Four (4) proposals did not meet the needs of the RFP.  It was determined that Lose and Associates provided the best combination of product and price. 

            Commissioner Jeffares made the motion to award the bid to Lose and Associates in the amount of $19,500; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

WHEREAS,   the Board of Commissioners previously directed issuance of a Request for Proposal (RFP) for a master plan for Nash Farm Park through Resolution 08-84; AND

WHEREAS,   a Request for Proposal (RFP) was issued by the Purchasing Department and twenty-nine (29) proposals were received in response to this solicitation; AND

WHEREAS,   these twenty-nine (29) proposals were reviewed by county staff using the three criteria stated in the RFP documents; AND

WHEREAS,   upon review of these submissions it was determined that Lose and Associates provided the best combination of price and proposal features.

NOW THEREFORE BE IT RESOLVED BY the Board of Commissioners of Henry County that the Board hereby awards RFP 09-23-103108-9 to Lose and Associates in the total amount of $19,500 for park master planning services. Funds are available in the general fund to accomplish this procurement. The Chairman is hereby authorized to execute all appropriate documentation to affect this Resolution.

Bid for construction of a parking deck

Michael Sabine, Assistant County Manager presented the agenda item to the Board.  Consistent with the project list developed with the SPLOST III ballot, proposals were solicited by the Purchasing Department for design/build of a parking deck at the Judicial Center/Courthouse complex.  Essentially proposals were solicited for a multi-level parking structure of approximately 300 spaces to accommodate the needs of the government facility.  Responses were received from fourteen (14) vendors; each vendor could submit one or more designs.  SPLOST staff performed an initial technical review of the proposals and a proposal review committee reviewed the short list of proposals.  Seven (7) vendors were interviewed and the committee recommended award to Panattoni Construction in the amount of $2,534,057.  If awarded, the parking deck will be constructed in the current calendar year. The parking deck is designed for three (3) levels for future construction.

Commissioner Bowman asked if the engineering, and the concrete and steel for the ability to expand the parking deck was included in the cost of $2,534,057.  Mr. Sabine stated yes it is included.

Commissioner Stamey asked if the vendor will allow the county to purchase the concrete for a cost savings.  Mr. Sabine stated yes there is a provision for deduct relevant to sales and transport taxes which would encompass just that.

Commissioner Stamey asked if there were any landscaping on the exterior of the building once completed.  Mr. Sabine stated no.

Commissioner Stamey made the motion to award the bid for design/build of the Judicial Center Parking Deck to Panattoni Construction in the amount of $2,534,057 and authorize the Chairman to sign the necessary documents; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS,   the Board of Commissioners is the custodian of county facilities and of the county treasury; AND

WHEREAS,   construction of a suitable parking deck was listed as a project in the new Special Purpose Local Option Sales Tax program (SPLOST III); AND

WHEREAS,   proposals were issued for the construction of a parking deck to serve the Judicial Center/Courthouse complex; AND

WHEREAS,   fourteen (14) vendors submitted one or more design/build proposals prior to the response deadline; AND

WHEREAS,   subsequent to an initial technical review by SPLOST staff, seven (7) proposals were reviewed by the proposal review panel which assessed various factors, including cost and the needs of this project; AND

WHEREAS,   the proposal review panel recommends Option #1 presented by Panattoni Construction.

NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Henry County that the Board hereby awards the proposal for design/build of the Judicial Center/Courthouse parking deck to Panattoni Construction in the amount of $2,534,057. The Chairman is hereby authorized to execute all documentation required to accomplish this procurement.

Approval to supplement the resolution adopted by the Board with respect to the Bonds and other obligations issued payable from SPLOST in order to restate at the request of the cities the description of the projects to be funded with their shares of the Bonds

            Mike Bush, Finance Director presented the agenda item to the Board.  The cities have all passed resolutions to restate the description of the projects to be funded with their shares of the Bonds.  The projects are all within the purposes permitted by the 2008 SPLOST and are described in the Bond Resolution.  Since Henry County issued the bonds we have to adopt a resolution allowing the restatement of projects to be funded according to Bond Council.

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

WHEREAS, on September 16, 2008, the Board of Commissioners adopted the Resolution entitled:

 

“A RESOLUTION PROVIDING FOR: (1) THE APPROVAL, EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT PROVIDING FOR THE SALE OF $19,950,000 HENRY COUNTY GENERAL OBLIGATION BONDS, SERIES 2008B; (2) THE NAMING OF AN AUTHENTICATING AGENT, BOND REGISTRAR AND PAYING AGENT FOR SAID BONDS; (3) THE NAMING OF A CUSTODIAN FOR A SALES TAX FUND, AND FOR A CONSTRUCTION FUND FOR THE PROCEEDS OF THE BONDS; (4) THE ADOPTION OF A FORM TO WHICH SAID BONDS SHALL ADHERE; (5) THE LEVY OF A TAX AS REQUIRED TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS; (6) THE APPROVAL, EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE AND THE OFFICIAL STATEMENT RELATING TO SAID BONDS; (7) THE EXECUTION AND DELIVERY OF SAID BONDS; AND (8) FOR OTHER RELATED PURPOSES”

 

(the “Bond Resolution”); and

 

WHEREAS, the Bond Resolution authorized the issuance of Series 2008B Bonds, as defined therein, to fund projects for and described by the Cities of Stockbridge, McDonough, Hampton and Locust Grove; and

 

WHEREAS, Henry County has received requests from the City of Stockbridge, McDonough and Hampton (the “Requesting Cities”) that the Bond Resolution be supplemented to change the descriptions of their respective projects that may be funded by the Series 2008B Bonds, all within the purposes permitted by the SPLOST, as described in the Bond Resolution;

 

WHEREAS, capitalized terms used in this Resolution shall have the meanings ascribed to those terms in the Bond Resolution.

 

NOW, THEREFORE, BE IT RESOLVED by Henry County, acting by and through its Board of Commissioners, and IT IS HEREBY RESOLVED by the authority of the same, as follows:

 

Section 1.         Supplement to Bond Resolution.  The Bond Resolution is hereby supplemented by substituting for the entries under the column headed “Purposes” in the 13th “WHEREAS” clause therein, for each of the Requesting Cities, the projects described under the corresponding city’s name in Exhibit “A” attached hereto and made a part hereof by this reference:

Section 2.         Effective Date.  This supplemental resolution shall be effective on its adoption.

Board Appointments

            Commissioner Stamey made the motion to appoint Doug Coffey to the Recreation Board; Commissioner Holder seconded.  The motion carried unanimously.

            Commissioner Stamey made the motion to reappoint Sandy McGarity to the Library Board; Commissioner Bowman seconded.  The motion carried unanimously.

            Commissioner Holder deferred his appointment to the Zoning Advisory Board.

            Commissioner Stamey made the motion to reappoint Jamie McGarity and Judy Gilbert to the Council on Aging and to defer his third appointment; Commissioner Bowman seconded.  The motion carried unanimously.

            Commissioner Bowman made the motion to reappoint Jim Lenahan to the Water and Sewer Authority; Commissioner Stamey seconded.  The motion carried unanimously.

            Commissioner Basler made the motion to reappoint Kirk Emerson to the Water and Sewer Authority; Commissioner Bowman seconded.  The motion carried unanimously.

            Commissioner Bowman made the motion to reappoint Terry Sanders to the Recreation Board; Commissioner Stamey seconded.  The motion carried unanimously.

            Commissioner Basler made the motion to reappoint Barney Bates to the Recreation Board; Commissioner Bowman seconded.  The motion carried unanimously.

            Commissioner Bowman made the motion to reappoint Bill Herndon to the Zoning Advisory Board; Commissioner Basler seconded.  The motion carried unanimously.

            Commissioner Basler made the motion to appoint on an interim bases Thomas Hester to the Zoning Advisory Board due to the illness of Mike Hightower; Commissioner Stamey seconded.  The motion carried unanimously.

Approval of minutes

            Commissioner Holder made the motion to approve the January 5th regular meeting minutes; Commissioner Bowman seconded. The motion carried unanimously.

            Commissioner Holder made the motion to approve the January 8th called meeting minutes; Commissioner Bowman seconded.  The motion carried 4-0-1 with Commissioners Holder, Stamey, Bowman and Basler voting in favor and Commissioner Jeffares abstaining due to being absent from the meeting.

County Manager Comments

            There were no comments.

County Attorney Comments

            There were no comments.

Public Comments

            There were no comments.

Upcoming Meetings

1.      Monday, February 2nd at 9:00 a.m. and Tuesday, February 3rd at 9:00 a.m.

2.      Monday, February 16th – No Meeting – All county offices will be closed in observance of President’s Day

3.      Tuesday, February 17th at 6:30 p.m. Regular Board meeting

Executive Session

Commissioner Bowman made the motion to adjourn into Executive Session in accordance with the provisions of O.C.G.A. 50-14-3, and other applicable laws, and pursuant to advice by LaTonya Wiley, the County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters; Commissioner Jeffares seconded.  The motion carried unanimously.

 (Executive Session was held.)

Commissioner Stamey made the motion to reconvene into Public Session; Commissioner Bowman seconded.  The motion carried unanimously.

Commissioner Stamey made the motion to approve the affidavit and resolution pertaining to executive session; Commissioner Jeffares seconded.  The motion carried unanimously.

Commissioner Jeffares made the motion to amend the agenda out of public necessity and to approve a resolution addressing the disposition of certain accumulated sick and annual leave benefits; Commissioner Stamey seconded.  The motion carried unanimously.

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

 

                                                            Elizabeth “BJ” Mathis, Chairman

 

Shay Mathis, County Clerk