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,
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;
(NOTE: Audio of this
meeting is available with the
Emerald Capital Partners of
The request is to rezone property from RA
(Residential-Agricultural) to RM (Multiple-Family Residence) for property
located on the north side of
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
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
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
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
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).
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, 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
NOW, THEREFORE, BE IT RESOLVED THAT the
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
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.
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
NOW, THEREFORE, BE IT RESOLVED, the
Harold Gilliam of
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
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.
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 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.
David Hood, resident of
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
Performance Partnership Agreement with GEMA
WHEREAS, the Henry
County Emergency Management Agency serves all the communities of
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.
THEREFORE, BE IT RESOLVED, the
Donation from the Department of Human Resources
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,
funding provided through District
IV Public Health, assists the local government to prepare and educate the
THEREFORE, BE IT RESOLVED, the
Donation from Wal-Mart
WHEREAS, the CERT program is a vital part of
emergency preparedness for the citizens of
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.
THEREFORE, BE IT RESOLVED, that the
Bid to purchase duty gear and supplies for the Police Department
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
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
Jeffares made the motion to award
the bid to Lose and Associates in the amount of $19,500;
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
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
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
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
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.
THEREFORE, BE IT RESOLVED by
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.
There were no comments.
There were no comments.
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
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
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