The Henry County Board of Commissioners held a Regular
Public Meeting with the Henry County Library Board at 5:00 p.m. on Monday,
February 5, 2007, in the Conference Room B,
Jason T. Harper, Chairman
Warren E. Holder, District I Commissioner
Elizabeth (“B.J.”) Mathis, District II Commissioner, Vice-Chairman
Randy Stamey, District III Commissioner
Reid A. Bowman, District IV Commissioner
Johnny B. Basler, District V Commissioner
Dr. Gordon, Baker, Board of Education Representative, Chairman
Mary Louise Robinson, BOC Chairman’s Representative
Marianne Morfoot, District I Representative
Janice Lowe, District II Representative
Sandy McGarity, District III Representative
Al Bowen, District IV Representative
Dr. Coralie Cox, District V Representative
Also attending were Rob Magnaghi, County Manager; Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Carolyn Fuller, Library System Director; Michael Harris, Planning and Development Division Director; Terry McMickle, Public Works Division Director; Angie Bailey, Interim Administration Division Director; Michael Sabine, Assistant to the County Manager; Todd Ernst, Technical Committee Member; Wayne Smith, Technical Committee Member; and others.
(NOTE: An audio of this meeting is available with the
Chairman Harper called the meeting to order and asked for an Acceptance of the Agenda. Commissioner Stamey made the motion to accept the agenda. Commissioner Mathis asked that the agenda be amended to add a request to approve a resolution supporting pending legislation regarding annexation procedures. Commissioner Stamey amended his motion to add the resolution; Commissioner Mathis seconded. The motion carried unanimously.
Chairman Harper welcomed the Library Board and thanked them for attending. The meeting recessed for dinner.
The meeting reconvened.
Commissioner Basler made the motion to approve the resolution appropriating funds for collection materials in the library system and provide assistance for a collection at the Fairview Library; Commissioner Bowman seconded. The motion carried unanimously approving the following resolution:
WHEREAS, the Board of Commissioners is aware that a new library is being constructed in the Fairview community as an addition to the Henry County Library System; AND
WHEREAS, the Board of Commissioners is further aware that this new library in the Fairview community is being constructed with proceeds from the current Special Purpose Local Option Sales Tax (SPLOST); AND
construction of a new library requires an addition to the collection materials
within the library system to provide for an opening day collection at the
WHEREAS, financial support for these additional
collection materials would be provided in the form of a supplemental
appropriation to the
NOW THEREFORE BE IT RESOLVED by the Board of
Interview of Candidate 1 for the expansion and renovation of the McDonough Public Library – Ponder & Ponder
Chairman Harper announced that Mr. Todd Ernst an architect and Mr. Wayne Smith an engineer were appointed to serve on the Technical Committee to assist the library administration with the RFP’s (Request for Proposal) for the expansion and renovation of the McDonough Library.
Rob and Carmen Ponder represented
Ponder & Ponder. Rob stated they are
architects who enjoy designing libraries.
They have been in practice as husband and wife for 9 years. The reason for starting the company was to
have the freedom to design different building types. The goal for the company is to increase the
number of libraries; libraries are more rewarding. Most of their work has been with
The first reaction to the proposal was concern regarding the budget of $1,375,000 for the project. They understood the proposal was prepared approximately two (2) years ago and there have been tremendous increases in construction costs. When considering whether to respond to the RFP, they prepared a spreadsheet to evaluate the $1.3 million budget and worked backwards. Below is a budget that was presented to the Board’s:
BUILDING ADDITION 7,500 s.f. $130 = $975,000
BUILDING RENOVATION 5,714 s.f. $35 = $200,000
SITE IMPROVEMENTS Lump Sum Guess $ 50,000
F.F.E. $ 0
Design Consultants $147,000
Permit Fees (Lump Sum Guess) $ 3,000
GRAND TOTAL $1,375,000
Carmen Ponder stated one of the civil engineers on their team also looked at the site and they discussed if they were to do a 10,000 square foot addition to the library where does it make sense. Based on preliminary views and without talking to anyone in detail, a logical place for the addition would be on the side of the building facing the street. In order to be cost effective with the addition it would be nice to keep it all as one addition as opposed to doing two additions. If that was done it would be added to the front parking lot facing the street. It would open up what is currently the administrative office to be either greatly modified or reduced completely and opened to the general library space. There will have to be a priority list of what’s high on the list and what’s at the bottom of the list to help the library function.
Carmen’s role is the lead designer and she’s responsible for the intra-coordination and Rob’s role is inter-coordination between all the disciplines coordinating the engineers (civil, electrical, plumbing, and structural).
Carolyn Fuller, Henry County Library System Director, asked if Carmen Ponder would be the lead architect for the length of the project and there will not be a change. Rob Ponder stated Carmen has sat in on all meetings regarding their projects except for the construction administration meetings. She will be at all meetings and it will not change.
Mr. Al Bowen, Library Board Member, stated the amount budgeted for this project is looked at as a guaranteed maximum. There is no change order reserve, no contingency. Mr. Bowen asked Ponder & Ponder how they would research the existing building and how it would lend itself to a renovation, everything that is used on the renovation will take away from the addition.
Mr. Ponder stated it’s their understanding that the amount given to them is the total dollar amount for the project and there was not a construction contingency put into the proposed budget. A contract would not be signed with a contractor for the total amount. He would back out approximately 5% to 8% to allow for the unforeseen. The balance between the renovation and the addition is up to the owner.
Mr. Bowen stated the proposal states Ponder & Ponder will provide the architectural services and there will be a construction manger; how often will the construction manger perform site visits. Mr. Ponder stated they will not have a construction manager but will have an architect doing construction administration. Ponder & Ponder will not be hiring the sub-contractors but will be helping the owner with the selection process.
Commissioner Bowman asked if the interior design by the owner was done by an RFP (Request for Proposal). Carolyn Fuller stated it was done by an RFP and was budgeted separately.
Commissioner Bowman asked for the time frame for this project. Rob Ponder stated it depends on which portion of it is renovation verses new build; approximately seven (7) months. It depends on the sequence. If the sequence is to build the new and move into it and then go back and do the renovations it could stretch out to be ten (10) months to a year.
Carolyn Fuller, Library System Director, stated when the capital outlay application was submitted to the state, the cost per square foot was figured at that time. There has been no opportunity for an amendment to the application. Both vendors were informed there were no additional funds.
Wayne Smith, Technical Committee Member, asked the vendor of the libraries they have been involved with, how many were new construction and how many were renovations. Mrs. Ponder stated they have worked with the Gwinnett County Library System to renovate their older branches, which is approximately 14 libraries, but numerous other building additions.
Chairman Harper asked the vendor their plans for blending the facade of the current building. Mrs. Ponder stated they would like to use the same color brick to some extent; this would be a good way to tie the expansion to the existing building. There are a lot of ways to tie the buildings together. Something’s would not be imitated.
Interview of Candidate 2 for the expansion and renovation of the McDonough Public Library – Pope Partners
Brent Pope represented the vendor for
the presentation for the expansion and renovation of the McDonough
Library. Pope/Partners, Architects, Inc.
is a modest size firm located north of
Mr. Pope stated their focus is to get the job done. They have never had a project that was not completed. Mr. Pope presented libraries that they have completed. They would like to make the buildings look as though they fit in with the community. In doing this, there two things to deal with; one is budget and two is making the building fit with the community.
Mr. Pope presented a project where they currently did a renovation and expansion and correlated the differences and similarities to the McDonough Library Project.
The following breakdown approximates what the cost per square foot would have to be in order to build the square footages outlined in the proposed Scope of Work:
Building Addition 10,000 SF @ $107.50 per SF = $1,075,000
Building Renovation Allowance ** = $ 100,000
Site Improvement Lump Sum Allowance = $ 50,000
Soft Costs Assumed = $ 150,000
TOTAL PROJECT BUDET* $1,375,000
* FF & E design, furnishings, and equipment not included
** If the building renovation allowance increased the budget available for the building addition would be decreased accordingly.
The square footage prices indicated are much lower than what would be anticipated based on current building costs.
There was discussion regarding the location of the expansion of the existing building.
Commissioner Holder stated the renovation/expansion should probably not be located in the front of the existing building because of the possibility of the widening Highway 81.
There was discussion regarding both vendors for the renovation/expansion project. Carolyn Fuller stated after checking references, both firms received favorable recommendations.
Chairman Harper asked Mrs. Fuller if the 7,500 square foot addition would be enough space to expand. Mrs. Fuller stated it would be a tremendous amount of space that’s sufficient for expansion. The existing library would remain open during the renovation/expansion.
Chairman Harper asked Mrs. Fuller for her recommendation for a vendor for the project. Mrs. Fuller stated from her research she would be alright with either vendor. Pope/Partners, when doing new buildings, can do pretty much the same design; traditional. Ponder & Ponder buildings are typically community oriented. She stated she likeed both firms.
Nathan Rawls, State Consultant for Public Libraries, stated regarding the two vendors he would recommend Pope/Partners Architects, Inc.
Commissioner Holder made the motion to award the RFP to Pope/Partners, Architects, Inc.; Commissioner Bowman seconded. The motion carried unanimously.
The Library Board also approved to award the RFP to Pope/Partners, Architects, Inc. Mrs. Fuller will contact both vendors regarding the decision of both Boards.
(This concluded the meeting with the Library Board)
Administrative Appeal regarding the revocation of a building permit
The applicant submitted a request to appeal the revocation of the building permits. The proposal to the Board is that the applicant be given the opportunity to correct the permits; either a larger septic system or fewer bedrooms. The previous proposal would call for the permits to remain revoked until such time as a new permit application has been submitted and granted and the correction could begin. The applicant is asking if work could continue as the correction is in process.
Ryan Potts, Attorney representing the
applicant, stated an alteration did occur to documents which underlie the
issuance of a building permit. He stated
Integra Homes employs independent contractors that are designated as what is
referred to as permit runners. The
permit runners are given the documentation, plans and specification for the
homes and independently go to the building department and obtain permits for
the homes. Three individuals who were
employed as independent contractors by Integra Homes took independent liberties
on there own to obtain permits by altering a number on one of the Environmental
Health Departments documents regarding septic tanks. Specifically those documents submitted for a
septic permit indicated a four (4) bedroom houses and the documents submitted
for a building permit indicated a five (5) bedroom houses. This incurred outside the instruction,
influence or control of Integra Homes.
The three individuals are employed for the purpose of obtaining the
administrative paperwork to build the houses.
Unfortunately the individuals utilized misrepresentation in obtaining
the permits. The applicant is asking
the Board to consider the circumstances under which this occurred. The applicant intends on remedying the issue
by first correcting the all documents.
Integra Homes regrets this incident occurred. The applicant is requesting the Board
recognize that they may vary the application to any provisions of the
The three (3) individuals were
questioned independently by an investigator on behalf of the County and they
confirmed the altercation was on their own accord and that they were under no
influence or direction from Integra Homes.
And they did it because they thought it was in their individual best
interest because they wanted to meet a schedule and maintain the referrals they
receive from Integra Homes. The
applicant would like to clerically correct the documents regarding the
permits. And also the applicant is
requesting the Board to acknowledge the severe detriment and perhaps fatal
detriment that a continued revocation of the permits would result in because
the permits will not change what currently exists on the property. The applicant is requesting to be allowed to
resubmit the building permit application using the unaltered issued documents,
pay new building permit application fees on lots 52, 53 & 25 and also waive
the impact fees. Resubmit applications
for lots 12, 16 & 24 starting with Environmental Health and Department of
Human Resources and allow continued construction. Mr. Pott stated the applicant would preserve
any constitutional challenge to any decision of a revocation and not an
allowance of a temporary permit on the bases of the taking of property rights
under the Constitution of Georgia and the Constitution of the
Chairman Harper stated from the
documents presented it appears all applications were submitted for four (4)
bedrooms with a 1,000 gallon septic tank.
He asked staff if the size of the septic tank increased when the number
of bedrooms increased. Mr.
Chairman Harper asked the applicant what size septic system was installed on lots 12, 16, 24, 24, 52 & 53. Mr. Potts stated currently there are 1,000 gallon septic tanks and the bedrooms have been reduced.
Chairman Harper stated if their staff, by contract, altered the documents and the builder is on-site building a six (6) bedroom house and is aware that a 1,500 gallon septic tank is required; why was a 1,000 gallon septic tank installed?
Mr. Jim Cox, Integra Homes, stated the existing five (5) and six (6) bedroom homes have a 1,500 gallon septic tank installed. The homes on lots 12, 16, and 24 are five (5) bedroom homes and on lots 25, 52, and 53 are four (4) bedroom homes.
Commissioner Bowen confirmed that the applicant states he is in compliance with a five (5) bedroom house, it’s just the paperwork that is not in compliance. The applicant stated that was correct.
A representative from the Environmental Health Department stated no inspections have been preformed on the lots. The septic systems should have been inspected before there were covered up.
The applicant stated the septic systems are covered and their contracted septic company called Environmental Health for an inspection.
Commissioner Bowman asked if the inspection card shows that the systems have been inspected. Mr. Jim Cox stated Environmental Health does not actually sign the card. The bill he received for the contracted septic company shows that the size of the septic tank was changed from 1,000 to 1,500 gallons.
Commissioner Stamey asked who installed the septic tanks. Mr. Cox stated they were installed by Outhouses by Miller.
Chairman Harper stated the septic tanks should be uncovered so that Environmental Health can verify the size of the tanks.
The applicant stated they would have the septic company that installed the tanks on site, Tuesday, February 6th to confirm the size of the tanks.
Commissioner Holder asked the Environmental Health Representative if the size of the septic tank could be verified without uncovering the tanks. He stated no, the tanks would have to be uncovered and the size of the tanks should be stamped on the tanks.
Commissioner Holder made the motion to uphold the revocation of the permits and to have inspectors from the Building & Inspections Department along with a representative from Environmental Health at the site on February 6, 2007 for the builder to uncover all septic tanks to verify that the proper size septic system (septic tank and lines) is in place and the applicant shall re-apply for the proper permits and those permits will be expedited (according to the Environmental Health Representative) and within 30 to 45 days permits will be issued from Environmental Health and Certificates of Occupancy’s can be issued on the houses.
Chairman Harper stated there was a concern with the motion in stating the septic tanks being in compliance with the home plans.
Commissioner Holder amended his motion to include “the builder to uncover all septic tanks to verify that there are 1,500 gallon tanks in place…..”
Mr. Pott suggested as stated by the
Commissioner Holder stated it’s not his intention to stop the builder from building the homes. Permits should be issued within 30 days if the systems are uncovered, and inspectors on site tomorrow to inspect the systems. It was stated the homes were not ready for occupancy within 30 days.
Patrick Jaugstetter stated if when the septic systems are uncovered and they find a 1,500 gallon tank with sufficient lines will the existing building permits be reinstated?
Commissioner Holder stated the applicant would have to reapply for the permits. This is a very unusual situation. If all inspectors will be on site tomorrow and the tanks are uncovered, why the permits can’t be issued tomorrow?
Doug Gilbert stated
Chairman Harper stated this error was caused by the applicant’s contract employees and there should not be an order for a 24-hour turn around on permits.
Commissioner Stamey asked if the applicant will have to pay permit fees for the new permits. Staff indicated the applicant would have to pay the reapplication fees.
Doug Gilbert stated the Building & Inspections Department does not inspect any phase of the septic systems. This is strictly handled by the Environmental Health Department.
Commissioner Stamey stated the county’s stand point on this issue is, once the applicant has built the homes and the one year builder warranty expires and two years down the road there is a septic issue because it was not verified what was actually installed; the County inherits the problem not Environmental Health.
Chairman Harper suggested the motion could read “the building permits remain revoked until Environmental Health and the Henry County Building Department has inspected the uncovered septic systems to verify that they are all 1,500 gallon. If the septic systems are in compliance the building permits will be issued expeditiously.
Mr. Potts stated the applicant is requesting the Board to consider a variance for a temporary building permit until the new permits can be issued.
Commissioner Holder stated his motion stands and added that the applicant be allowed to continue to work until the septic systems are inspected and new permits issued. The motion failed for lack of a second.
Commissioner Holder made the motion to uphold the revocation of the building permits; Commissioner Mathis seconded.
Chairman Harper stated it is understood the applicant will uncover the septic systems so they can be inspected.
Commissioner Holder amend the motion to state the Board will request staff from Environmental Health be at the site for inspection of the septic system on tomorrow; Commissioner Mathis amended the second. The motion carried unanimously approving the following resolution:
Michael R. Calvert doing business as Integra Homes, LLC has filed his Notice of
Appeal of the decision of
WHEREAS, on January 4, 2007 building permits for lots 12, 16, 24, 25, 52, & 53 Unit II Vintage Farms Subdivision were revoked for false information provided by or on behalf of the Applicant regarding the on-site septic construction permit as submitted to the Building Department by the Applicant had been altered from that originally issued by the Georgia Department of Human Resources.
NOW THEREFORE BE IT RESOLVED, the Board of Commissioners approves:
___X___ Upholds the decision of the Henry County Building Department revocation of the building permits for lots 12, 16, 24, 25, 52 & 53 Unit II Vintage Farms Subdivision.
______ Overrules the revocation and directs the Henry County Building Department to reinstate the building permits for lots 12, 16, 24, 25, 52 & 53 Unit II Vintage Farms Subdivision.
BE IT FURTHER RESOLVED, that Michael R. Calvert doing business as Integra Homes, LLC shall uncover all septic tanks for lots 12, 16, 24, 25, 52 & 53 Unit II Vintage Farms Subdivision on February 6, 2007 and the Board request that Environmental Health be available to inspect the septic system to insure that the size of the septic tanks are 1,500 gallons with the proper lines. Integra Homes, LLC must reapply for the proper permits for the affected lots and the permits shall be issued expeditiously.
Chairman Harper stated he would have staff contact Environmental Health to request someone at the site on February 6, 2007 to inspect the tanks.
There were no comments
COUNTY ATTORNEY COMMENTS
Commissioner Mathis made the motion to approve a resolution supporting pending Legislation regarding Annexation Procedures and transmit the approved resolution to the Local Legislative Delegation; Commissioner Stamey seconded. The motion carried unanimously approving the following resolution:
Whereas, annexation is the legal process by which municipalities can seek to expand their boundaries and provide City services where they are not otherwise available in unincorporated areas; and
Whereas, municipal annexation power is abused when it is exercised primarily to increase City revenues or for the purpose of avoiding County land use plans, zoning ordinances and licensing requirements; and
Whereas, the abuse of the municipal annexation power causes severe and devastating impacts on unincorporated areas and often times leads to the creation of illogical boundaries which undermine the efficient and cost effective delivery of services at the expense of residents in both the unincorporated and incorporated areas; and
Whereas, current State law is woefully inadequate in providing sufficient checks and balances to insure that annexation decisions are made in the best interests of affected residents and in cooperation with County officials; and
Whereas, there is legislation pending in the Georgia General Assembly which seeks to amend annexation procedures by requiring that whenever property in an unincorporated area of a County is annexed to a City, zoning decisions applicable to such annexed property shall be made concurrently by the governing authorities of the City and the County for a period of five (5) years; and
Whereas, the pending legislation further provides that any such concurrent zoning decision affecting annexed property shall be subject to the land use element of the County as applied to such property at the time of the annexation, unless otherwise agreed by the governing authorities of the City and the County; and
Whereas, the Henry County Board of Commissioners finds that, if enacted, such legislation will provide meaningful checks and balances to curtail unchecked annexation abuses by Cities and to mandate that Cities and Counties work together when making annexation decisions; and
Whereas, the pending legislation is supported by the Association of County Commissioners of Georgia (ACCG) which has provided the General Assembly with a report containing empirical evidence about specific annexation abuses and its impacts on Georgia citizens; and
Whereas, the Cities of Locust Grove and McDonough, located in Henry County, Georgia, are identified in the ACCG report as two (2) of the fifteen (15) fastest expanding municipalities by virtue of the annexation process; and
Whereas, Henry County has been and will continued to be directly affected and impacted by the negative impacts of these unchecked and unilaterally imposed annexation decisions;
Now Therefore, Be It Resolved by the Henry County Board of Commissioners, that Henry County does hereby support legislation aimed at providing a more balanced and bilateral approach to municipal annexation decisions such as House Bill 46 currently pending in the Georgia General Assembly and hereby urges its legislative delegation to support and approve the same.
· Tuesday, February 6, 2007 @ 9:00 a.m., regular BOC meeting
· Thursday, February 15, 2007 @ 2:00 certain Administrative Issues @ 5:00 p.m. for Administrative issues and 6:30 p.m. for Planning and Zoning issues, Called BOC meeting
· Monday, February 19, 2007 @ 9:00 a.m. and Tuesday, February 20, 2007 @ 6:30 p.m., regular BOC meetings have been cancelled.
Commissioner Stamey made the motion to adjourn; Commissioner Basler seconded. The motion carried unanimously.