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, February 6, 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, Vice-Chairman, 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; 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 called the meeting to order and asked for an acceptance of the agenda.  Commissioner Mathis made the motion to approve the agenda; Commissioner Holder seconded.  The motion carried unanimously.

 

DONATION FROM TANGER OUTLET MALL

 

          Henry County Fire Department requested authorization to accept a donation from Tanger Outlet Mall for upgrades to Station Number Two in Locust Grove, GA.

 

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

 

WHEREAS, the Henry County Police Department recently received a $500.00 donation from Tanger Outlet Mall in Locust Grove; and,

 

WHEREAS, the Police Department wishes to deposit the funds in their Small Equipment fund for future use; and,

 

WHEREAS, the Henry County Police Department requests authorization to accept the donation;

 

NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners authorizes the acceptance of the $500.00 donation to the Henry County Police Department from Tanger Outlet Mall and approves all budget amendments or transfers necessary for proper accounting of this resolution.

 

DONATION FROM WAL-MART FOUNDATION

 

          Henry County Fire Department requested authorization to accept a donation from Wal-Mart Foundation (new store on Hudson Bridge Road) to be used for the Fire Safety Education Program and Fire Station Number Eight.

 

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

 

WHEREAS, the Wal-Mart Foundation, in McDonough, Georgia has generously donated a $1,000.00 check to the Henry County Fire Department, and;

 

WHEREAS, the Henry County Board of Commissioners graciously accepts the donation from Wal-Mart Foundation, McDonough, to be used by the Henry County Fire Department’s Fire Safety Education Fund.

 

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners approves the acceptance of the $1,000.00 donation from Wal-Mart Foundation, McDonough, to be used by the Henry County Fire Department

 

DONATION FROM PETSENSE FACTORY OUTLET STORE #107

 

          The Animal Shelter requested authorization to accept a donation of $134.00 and pet supplies from PetSense Factory Outlet Store #107.

 

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

 

WHEREAS, PetSense Factory Outlet Store #107 wishes to show their commitment to community service and to the care of animals housed at the Henry County Animal Shelter; and    

 

WHEREAS, PetSense Factory Outlet Store #107 raised in store donations of $134.00 as well as donations of supplies such as dog and cat food, treats, toys, bowls, litterpans, shampoos, etc., during the month of December 2006; and

 

WHEREAS, PetSense Factory Outlet Store #107 wishes to donate this money and supplies to the Henry County Animal Shelter; and

 

WHEREAS, this donation will be used by the Henry County Animal Shelter to care for animals housed at the facility; and

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the acceptance of the donation of $134.00 and supplies from PetSense Factory Outlet Store #107 to be used by the Henry County Animal Shelter for the care of stray and homeless animals housed at the facility. 

 

BE IF FURTHER RESOLVED that the County Manager is authorized to execute the associated budget amendment to reflect this donation.

 

DONATION FROM WAL-MART

 

          The request is for authorization for acceptance of $1,000 from Wal-Mart (new location in Stockbridge) for Operation of the CERT program.

 

          Commissioner Mathis made the motion to accept the donation; Commissioner Bowman 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.

 

AUTHORIZATION TO ACCEPT A 1991 CHEVROLET POLICE CRUISER

 

          The Henry County Police Department wishes to have authorization from the Henry County Board of Commissioners to accept a 1991 Chevrolet Caprice Police Cruiser.  This vehicle would be painted and marked to resemble a Henry County Police vehicle and placed on display at public events and community details throughout the county for public relations and recruiting details.

 

          The vehicle was a former patrol vehicle that was transformed by Summit Racing, Inc. of Tallmadge, Ohio into a pro-streeter. 

 

          City of Tallmadge is selling the vehicle to the Henry County Police Department for a fee of $1.  The vehicle is road worthy and street legal and would be assigned to the  Community Oriented Police Unit.

 

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

 

WHEREAS, City of Tallmadge, Ohio Police Departmart owns a 1991 Chevrolet Caprice Police Cruiser which has been transformed into a pro-streeter used by other police departments for police community oriented patrol functions; and,    

 

WHEREAS, City of Tallmadge, Ohio Police Department wishes to sell this vehicle to Henry County for the sum of (1) One Dollar to be used by The Henry County Police Department; and,

 

WHEREAS, the vehicle can be used for show at Police National Night Out and Public Relations events throughout the county; and,

 

 

NOW, THEREFORE, BE IT RESOLVED, that the Henry County Board of

Commissioners authorizes the Chairman to approve the Henry County Police

Department to use/accept the vehicle.

 

DONATION FROM TANGER OUTLET MALL

 

          The Henry County Police Department recently received a $500 donation from Tanger Outlet Mall in Locust Grove.  The Police Department is requesting authorization to accept the donation and place it in the small equipment account for future use.

 

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

 

WHEREAS, the Henry County Police Department recently received a $500.00 donation from Tanger Outlet Mall in Locust Grove; and,

 

WHEREAS, the Police Department wishes to deposit the funds in their Small Equipment fund for future use; and,

 

WHEREAS, the Henry County Police Department requests authorization to accept the donation;

 

NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners authorizes the acceptance of the $500.00 donation to the Henry County Police Department from Tanger Outlet Mall and approves all budget amendments or transfers necessary for proper accounting of this resolution.

 

BID FOR CONSTRUCTION OF A BRIDGE ON FLAT ROCK ROAD

 

          Georgia Department of Transportation closed the Flat Rock Road Bridge approximately a month ago.  Staff was in the design process when the bridge was closed.  Since that time, Henry County Department of Transportation has demolished the bridge.

 

          Bids were solicited for the construction of a new bridge and six (6) vendors submitted a bid on the project.  SPLOST Management recommends the bid be awarded to the lowest bidder, Tidwell Construction.

 

          A budget amendment is needed to cover the construction and related cost.  Funding for this budget amendment is available from SPLOST II Unallocated Sales Tax.

 

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

 

WHEREAS, Flat Rock Road Bridge is a designated SPLOST II project; and

 

WHEREAS, sealed bids were solicited for the construction of a new bridge; and

 

WHEREAS, six (6) sealed bids were received and reviewed; and

 

WHEREAS, a budget amendment is needed to cover the construction and related cost in the amount of $322,600.00 making the new total budget $1,500,000.00; and

 

WHEREAS, funding for this budget amendment is available from SPLOST II Unallocated Sales Tax; and

 

WHEREAS, SPLOST recommends the low bidder, Tidwell Construction in the amount of $1,176,320.00; and

                                     

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a budget amendment and the proposal of Tidwell Construction and authorizes the Chairman of the Board to sign all necessary documents for the construction of a new bridge on Flat Rock Road.

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

 

 

SERVICE CONTRACT WITH THE MARCH OF DIMES

 

          Henry County employees and citizens have participated in fundraising activities for March of dimes for a number of years.  March of Dimes is asking Henry County to form a Corporate Partnership for the 2007 Walk America Campaign.

 

          The March of Dimes funds programs of research, community services, education, and advocacy to save babies.  In 2003 March of Dimes launched a campaign to address the increasing rate of premature births.

 

          Commissioner Holder made the motion to approve the request; Commissioner Bowman seconded.  The motion carried unanimously approving the following service contract:

 

This agreement between HENRY COUNTY, GEORGIA (sometimes hereinafter referred to as “the County”) and the March of Dimes is for the purpose of retaining the March of Dimes as an independent contractor, for purposes of funding projects and programs that are designed to prevent premature birth, birth defects, infant mortality and help women, infants and children access quality health care.

 

          Pursuant to this agreement, the parties agree as follows:

 

TERMS OF AGREEMENT

 

March of Dimes will provide the County promotional opportunities during the “Walk America” event.  March of Dimes will provide the County with brochures, posters, and other educational materials for distribution to County citizens. In exchange for these services and the substantial benefits resulting there from to the County and its citizens, the County hereby agrees to compensate March of Dimes in the amount of $4,000 payable upon the execution of the Services Contract by the undersigned representatives of the County and March of Dimes. 

 

ECONOMIC INCENTIVES FOR ECONOMIC DEVELOPMENT “LOAN”

 

          The request is for approval and authorization of incentives for a project known as “Loan”.  The Henry County Development Authority recommends expedited plan review and permitting fees and waiver of permit fees as incentives to be extended to the project.

 

          Project “Loan” is a loan servicing operation that is considering locating a “back office” loan servicing center in Henry County’s Westridge Business Center.  This company would create some 300 jobs in Henry County and will invest more than $11 million. 

 

          The value of the proposed incentives is $32,744.  Based on the County Operations portion of the projected annual property tax revenues of $50,619, full recapture of the County’s investment would occur in just under eight months.

 

          Commissioner Mathis made the motion to approve the request and authorize the Chairman to sign all necessary documents; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

 

WHEREAS, the Henry County Board of Commissioners agrees that the recruitment and expansion of local industry thereby creating new jobs for Henry County residents and increasing capital investment is desirable and will have a positive effect on the economy of  Henry County; and,

 

WHEREAS, project “Loan” will result in the creation of some 300 new jobs with new capital investment of more than $11,000,000; and,

 

WHEREAS, the Henry County Board of Commissioners is committed to supporting quality economic development in Henry County.

         

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners hereby authorizes economic development incentives as recommended by the Henry County Development Authority, to include expedited plan and building permit review, and elimination of all plan review and building permit-related fees for this project.

 

SOANG CHI LIEU OF CHAMBLEE, GA – RZ-06-54

 

Soang Chi Lieu of Chamblee, GA requested rezoning from R-2 (Single-Family Residence) to C-2 (General Commercial) for property located northwest of the intersection of Jodeco Road and Meadowbrook Drive.  The property is located in Land Lots 50 and 79 of the 6th District, consisting of 3.36+/- acres.  The request is for the development of a retail center. 

          The subject parcels are recorded lots platted in the Meadowbrook Subdivision.  Several lots within the Meadowbrook Subdivision were designated for commercial uses.  A restrictive covenant was recorded for the subdivision that states, “Said subdivision is restricted solely to residential purposes, except those certain lots designated for business uses as reflected on the recorded plat of said subdivision”.  The lots subject to this request are not identified on the recorded subdivision plat for commercial uses but a portion of the property is designated for Future Commercial and Service Uses.  The northwestern portion of the property is designated for Low Density Residential.

 

The applicant is proposing a shopping center on the subject property which will consist of approximately 44,000 square feet of retail space.   The subject property abuts R-2 property to the north and east, C-2 to the South (a daycare center) and C-3 to the west. The Zoning Advisory Board recommended approval, December 14, 2006 with eighteen (18) conditions. 

Soang Chi Lieu represented the applicant.  Mr. Lieu presented a revised site plan with a proposed 20 foot buffer in the rear of the property and a side setback of 10 feet.  The second entrance off of Meadowbrook Drive was removed. 

Commissioner Mathis stated there is a future bridge replacement along Jodeco Bridge and asked staff how the replacement would be impacted by this rezoning. 

Staff stated the alignment for the road improvements have been shifted to the north side.  The bridge will be moved more to the north impacting only one side of the road.

Commissioner Stamey stated if the development is limited to one curb cut on Jodeco Road and the entrance at Meadowbrook Drive is closed, a larger truck or 18-wheel truck may not be able to navigate thru the parking lot to get to the rear of the building. 

Staff stated when looking at the proposed site plan, the trucks would probably not be able to navigate thru the parking lot.  The applicant is requesting the curb cut be eliminated onto Meadowbrook; this was not a recommendation by staff.

Commissioner Bowman asked for confirmation that there will not be a gas station on the subject property.  The applicant confirmed there will not be a gas station on the property.

As far as the accessibility of public safety to the building, Development Plan Review Department would review the site plans and the plans would have to meet the Fire Code for accessibility.

          Staff stated the applicant is also requesting to reduce the recommend forty-foot (40’) planted buffer to a twenty-foot (20’) buffer with a fence.  The property currently has numerous trees and staff had no objections to the buffer request.

 

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

 

          Commissioner Bowman made the motion to approve the rezoning request with the proposed conditions; striking condition number ten (10); amending condition number six (6) to a twenty-foot (20’) planted buffer with a fence and reinstating the curb cut off of Meadowbrook Drive for safety reasons.

 

          Patrick Jaugstetter, County Attorney, stated there was no condition prohibiting a gas station.

 

          Commissioner Bowman amended the motion amending condition number ten (10) would read “There shall be no gas stations on the subject property”.

 

          Terry McMickle, Public Works Division Director, stated condition number sixteen (16) states there shall be sidewalks along Jodeco Road.  With the proposed road improvements planned for Jodeco Road the sidewalks would probably be removed.  Mr. McMickle suggested the condition be that the applicant pay the cost of the sidewalks to the county and the sidewalk would be installed when the road improvements are constructed.

 

          Commissioner Bowman agreed and amended the motion amending condition sixteen (16) to read “the applicant shall deposit to Henry County, to be held in escrow, an amount sufficient to construct sidewalks along Jodeco Road and Meadowbrook Drive.

 

          Commissioner Holder seconded the motion.  The motion carried unanimously approving the rezoning with the following conditions:

 

1.     All buildings shall consist of a mixture of brick, stone, stucco or glass.  The Planning and Zoning Department shall have architectural review of all proposed buildings prior to the issuance of a building permit.

 

2.     All signage, not attached to a building, shall be monument-based and shall have consistent character and design details that reflect the architectural design of the project.  Signage shall not exceed fifteen feet (15’) in height.

 

3.     An exterior lightning plan shall require all lighting to be of moderate brightness and downcast.

 

4.     Any dumpsters shall be enclosed on three sides with a masonry wall, which shall be consistent with the façade of the building.

 

5.     Developer shall install acceleration and deceleration lanes in accordance with the Georgia Department of Transportation and Henry County Department of Transportation standards and review.

 

6.     A twenty-foot (20’) buffer with a fence shall be provided along all property lines adjacent to residentially zoned property and uses

 

7.     A six-foot (6’) high privacy fence shall be installed along all property lines adjacent to residentially zoned properties and uses.

                                                                     

8.     A detailed landscaping plan shall be submitted.  The Planning and Zoning Department shall have final approval of the plan prior to final plat approval.

 

9.     In the event that the detention pond is located next to the street, a buffer meeting the requirements of the Henry County Ordinance shall be required.

 

10. There shall be no gas station at this site.

 

11. Applicant shall coordinate with the Georgia Department of Transportation and Henry County SPLOST to preserve the necessary right-of-way for proposed improvements to Jodeco Road.

 

12. The developer shall coordinate with SPLOST concerning driveway locations with proposed median openings of Jodeco Road. 

 

13. A pavement investigation shall be done to determine whether improvements to Meadowbrook Drive will be necessary from Jodeco Road to the proposed entrance on Meadowbrook Drive.  The applicant shall be responsible for any necessary improvements to Meadowbrook Drive.  A curb cut off of Meadowbrook Drive shall be required.

 

14. The entrance from Jodeco Road shall be constructed before the road is widened and shall be required to have deceleration lanes and acceleration tapers and shall be located such that the minimum intersection sight distance is met per the posted speed limit of the road.

 

15. There shall be no more than one (1) curb cut on Jodeco Road and one (1) curb cut on Meadowbrook Drive.  SPLOST may further restrict curb cuts due to plans for road improvements.

 

16. The applicant shall deposit with Henry County an amount sufficient to construct sidewalks along Jodeco Road and Meadowbrook Drive according to Henry County DOT requirements.

 

17. Applicant shall submit architectural renderings to the Planning and Zoning Department for approval.

 

18. 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.

 

ADDITIONAL SIGNALIZATION AT JONESBORO ROAD, OAK GROVE ROAD AND WILLOW LANE

 

          Georgia Department of Transportation is currently widening Jonesboro Road and the plans are to signalize the intersection of Oak Grove Road and Jonesboro Road.  Initially there was not a Willow Lane extension tying into the intersection.  Since the original plan Willow Lane has been extended to the Oak Grove/Jonesboro Road intersection. The Henry County and Kelly Plantation Development Agreement dated February 1, 2005  designates the developer to construct a road that would connect Willow Lane to Jonesboro Road across from Oak Grove Road.  Also included in the agreement, the County would signalize the intersection along with Jonesboro and Oak Grove Roads.  Georgia Department of Transportation revised their permit for the traffic signal at the Jonesboro/Oak Grove/Willow Lane intersection.

 

          Commissioner Stamey made the motion to approve the quote on modifying the signal at Jonesboro Road and Oak Grove to include signalization of the Willow Lane extension approach; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

 

WHEREAS, Kelly Plantation Development, Inc. and Henry County entered into a development agreement on February 1, 2005 to extend Willow Lane at Jonesboro Road; and

 

WHEREAS, Georgia Department of Transportation has permitted to signalize the approach of Willow Lane; and

 

WHEREAS, Georgia Department of Transportation is improving and signalizing the three legged intersection of Jonesboro Road and Oak Grove Road, but did not include the Willow Lane signalization in their project; and

 

WHEREAS, the County agreed in the development agreement to signalize the Willow Lane leg of the intersection; and

 

WHEREAS, the Henry County DOT has negotiated a price with the Bass Signal Corp. to do the work at the same time that Georgia Department of Transportation is doing the signalization at this intersection; and

 

WHEREAS, funding is available in the current DOT budget.

 

THEREFORE, BE IT NOW RESOLVED, that the Henry County Board of Commissioners award Bass Signal Corp. with the additional signalization of the Willow Lane leg of the Jonesboro Road, Oak Grove Road and Willow Lane intersection for a total of $19,800.00

 

CHANGE ORDER FOR NORTH OLA ROAD CONTRACT WITH BRUCE ALBEA

 

          North Ola Road and Highway 81 intersection will be signalized, North Ola will be widened from State Route 81 to Wilson/Snapping Shoals Roads.  Included in the contract is the realignment of Snapping Shoals/Wilson/North Ola Roads.  On June 22, 2006 Bruce Albea Contracting received a Notice of Award for the project and on January 12, 2007 was issued a Notice to Proceed.  Due to the amount of time lapse between the Notice of Award and the Notice to Proceed, Bruce Albea has incurred some changes in the original scope of work.  Due to the change the contractor will be working in the roadway additional time while school is in full session as well as a decrease in daylight hours which will require additional traffic control.  Secondly, with a winter production schedule and shorter working days, grading cost will be higher.  The contractor will also be required by Georgia Department of Transportation to obtain an NPDES permit and approved erosion control plan for the waste area.  Also the original sub-contractor for curb and gutter will not honor his original bid due to the escalating concrete prices.  Staff requested approval of the change order request.

 

          Commissioner Stamey made the motion to approve the change order request; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

 

WHEREAS, Bruce Albea Contracting received a Notice of Award for the North Ola Road/SR 81 project dated June 22, 2006 and was issued a Notice to Proceed dated January 12, 2007

 

WHEREAS, due to the amount of time lapse between Notice of Award and Notice to Proceed, Bruce Albea has occurred changes in the original scope of work as a result of the delay in commencing the work.

 

WHEREAS, these changes have resulted in an increase in the cost of the project due to an increase in cost of materials, starting the grading in a winter production schedule (weather and shorter days), additional traffic control due to a longer construction period when school is in session, and obtaining a NPDES permit and approved erosion control plan.

 

THEREFORE, BE IT NOW RESOLVED, that the Henry County Board of Commissioners grants Bruce Albea’s Change Order Request as follows:

 

    Item                                                       Current Contract        Change Order

Description           UOM   QTY              Unit Prices                   Unit Prices

Traffic Control        LS        1            $14,000.00           $17,200.00

Grading Control     LS        1             $410,620.00        $441,620.05

Conc. Curb & Gutter    LF        1234                          $10.50                  $16.50

 

This Change Order Request represents an increase total bid amount of $41,604.05.

 

APPROVAL OF THE MINUTES

 

          Commissioner Holder made the motion to approve the minutes of the January 16th regular meeting and the January 25th meeting with the Board of Education; Commissioner Bowman seconded.  The motion carried unanimously.

 

COUNTY MANAGER COMMENTS

 

          No comments

 

COUNTY ATTORNEY COMMENTS

 

ORDINANCE AMENDING ARTICLE IV OF CHAPTER 2-4 OF THE COUNTY CODE

 

          The amendment authorizes a $35 administrative fee (current fee) for processing the Occupational Tax Certificate. Also, in addition to all the current requirements, the amendment will require the applicant to be current on their Occupational Tax License. A requirement has been added giving the Tax Commissioner authority to place a lien for delinquent taxes on property. 

 

          Chairman Harper called for public comments from anyone wishing to speak in favor or opposition of the Ordinance Amendment; there was no response.

          Commissioner Holder made the motion to approve the amendment to the Ordinance; Commissioner Bowman seconded.  The motion carried unanimously approving the following ordinance:

 

An Ordinance for the purpose of amending Chapter 2-4, Article IV of the Code of Henry County, Georgia, adopted May 1, 1984, as amended, entitled “Business and Occupational Taxes” by amending Section 2-4-35 and Section 2-4-39 thereof.

 

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HENRY COUNTY, GEORGIA, AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME, that Article IV of Chapter 2-4 of the Code of Henry County, Georgia, adopted May 1, 1984, as amended, is hereby amended as follows:

 

1.     Section 2-4-35, entitled “Administrative Fee” is hereby repealed in its entirety and the following is substituted in lieu thereof:

 

Sec. 2-4-35.  Requirements for Issuance.

 

(a)     Administrative Fee.  Each person, firm or corporation paying an occupation tax pursuant to this Article shall also pay an administrative fee of thirty-five dollars ($35.00) per year to defray the cost of handling and processing the occupation tax.

 

(b)     Additional Requirements for Issuance.  Except as limited by other provisions of this Chapter, upon application for a license, the Tax Commissioner shall issue the same if the applicant has paid all occupation, specific or ad valorem taxes due the County by the applicant in the previous year.  If the business to be licensed is a privileged one, the application shall reflect compliance with the regulations applicable thereto.  If the application is not in order or any of the requirements of this Chapter have not been met, the Tax Commissioner shall not issue a license to the applicant therefor.  Any person aggrieved by the denial of a license may, upon written appeal filed with the Board of Commissioners of the County within ten (10) days, have such denial reviewed by the Board of Commissioners.

2.  Section 2-4-39 entitled “Penalties” is hereby amended by adding a new paragraph (d) thereto to read as follows:

 

(d)     Lien for Delinquent Tax.  In addition to the other remedies provided for in this Article the collection of the occupation tax levied in this Article, the Tax Commissioner, upon any tax or installment of such tax becoming delinquent and remaining unpaid, shall issue execution for the correct amount of such tax against the persons, partnership, or corporation liable for such tax, which such execution shall bear interest at the rate of 12 percent per annum from the date when such tax or installment becomes delinquent and the lien shall cover the property of the person, partnership, or corporation liable for such tax, all as provided by ordinances of the County and State law.  The lien of such occupation tax shall become fixed on and date from the time when such tax or any installment thereof becomes delinquent. The execution shall be levied by the county marshal upon the property of defendant located in such jurisdiction, and sufficient property shall be advertised and sold to pay the amount of such execution, with interest and costs.  All other proceedings in relation thereto shall be had as is provided by the ordinances of the County and the laws of the State, and the defendant in such execution shall have rights of defense, by affidavit of illegality and otherwise, which are provided by the applicable laws in regard to tax executions.  When a nulla bona entry has been entered by proper authority upon an execution issued by the Tax Commissioner against any person defaulting on the occupation tax, the person against whom the entry was made shall not be allowed or entitled to have or collect any fees or charges whatsoever for services rendered after the entry of the nulla bona.  If, at any time after the entry of the nulla bona has been made, the person against whom the execution issues pays the tax in full together with all interest and costs accrued on the tax, the person may collect any fees and charges due him as though he had never defaulted in the payment of the taxes.

 

3.       Other than the specific sections of the Code of Henry County, Georgia referenced herein, the remaining sections contained within any article, chapter or section of the Code of Henry County shall remain unaltered by this ordinance.

 

4.       All ordinances, parts of ordinances or regulations in conflict herewith are hereby appealed.

 

5.       Should any section or provision of this ordinance, as amended, be declared invalid or unconstitutional by a court of competent jurisdiction, such declaration shall not affect the validity of the ordinance as a whole or any part thereof that is not specifically declared to be invalid or unconstitutional.

 

6.       It is the intention of the board of commissioners and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of Henry County and any sections of such ordinance or Code of Ordinances may be renumbered to accomplish such intention.

 

7.       This ordinance shall take effect and be in force from and after the date of its adoption, the public welfare demanding it.

 

 

 

 

PUBLIC COMMENTS

 

          Mr. George Watkins addressed the Board of Commissioners regarding Charter Communications.

 

UPCOMING MEETINGS

1.     Thursday, February 15, 2007 @ 5:00 p.m. for Administrative issues and 6:30 p.m. for Planning and Zoning issues, Called BOC meeting

2.     Monday, February 19, 2007 @ 9:00 a.m. meeting and Tuesday, February 20, 2007 @ 6:30 p.m., regular BOC meetings have been cancelled.

 

EXECUTVE SESSION

 

Commissioner Mathis 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 Patrick Jaugstetter, the County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters; Commissioner Stamey seconded.  The motion carried unanimously.

 

                             (An Executive Session was held.)

 

 

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

 

Commissioner Stamey made the motion to authorize the Chairman to sign the affidavit of the Executive Session; Commissioner Basler seconded.  The motion carried unanimously.

 

Commissioner Holder made the motion to amend the agenda and to approve an amendment to the Organizational Chart; Commissioner Bowman seconded.  The motion carried unanimously.  (A copy of the Resolution and Organizational Chart is on file in the County Clerk’s office).

 

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