STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Regular Public Meeting at 6:30 p.m. on Tuesday, February 17, 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; Phyllis Shrader, Deputy County Manager; Michael Sabine, Assistant County Manager;  Mike Bush, Finance Director; Angie Bailey, Social Services Division Director; Terry McMickle, Public Works Division Director; Michael Harris, Planning & Zoning Services Division Director; Jim Luebbering, Building and Development Services 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 called the meeting to order and called for an acceptance of the agenda.  The agenda was amended to add the District 1 appointment to the Zoning Advisory Board. Commissioner Holder made the motion to approve the agenda; Commissioner Bowman seconded.  The motion carried unanimously.

Chairman Mathis recognized Boy Scout Troup 260 from Community Bible Church, located in Stockbridge.  The attended the meeting to fulfill one of their requirements for Citizenship in the Community.

Proclamation

A proclamation was presented to Mr. Wayne Chumbley for is service on the Parks and Recreation Board.

District I appointment to the Zoning Advisory Board

            Commissioner Holder made the motion to appoint Andy Calhoun to the Zoning Advisory Board as the District I representative; Commissioner Basler seconded.  The motion carried unanimously.

Bid to purchase playground equipment at Sandy Ridge Park

            Tim Coley, Director of Parks & Recreation presented the agenda item to the Board.  A request for proposal (RFP) was distributed for playground equipment at Sandy Ridge Park.  The elements that were reviewed were swing sets that would have ADA capacity, a playground for 2 to 5 year olds as well as a playground for 5 to 12 year olds.  The responses that were received were reviewed by the Parks and Recreation Board.

            Commissioner Stamey asked if this project was budgeted within SPLOST II or SPLOST III.  Mr. Coley stated the project is a SPLOST III project. 

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

            WHEREAS,   a need exists to purchase and install handicap accessible Playground equipment at Sandy Ridge Park; and

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

            WHEREAS,   these fifteen proposals were reviewed by county staff using the criteria stated in the RFP documents; and

            WHEREAS,   upon review of these submissions it was determined that Hasley Recreation & Design, Inc. 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 SP-09-30-010909-1 to Hasley Recreation & Design, Inc. in the amount of $100,000 for the option #3 playground equipment at Sandy Ridge Park.  Funds area available in the SPLOST fund to accomplish this procurement.  The Chairman is hereby authorized to execute all appropriate documentation.

Bid to purchase screen printed T-Shirts

Tim Coley, Director of Parks & Recreation presented the agenda item to the Board.  Bid documents were issued to twenty-six (26) vendors and ten (10) responses were received.  Staff recommended the bid be awarded to Promotional Designs, Inc., the low bidder who will be used the most but also to award the bid to next two lowest local vendors, Jonesboro Sports Center and J-Max Graphics.  Promotional Designs, Inc. is located in Wisconsin but for small purchases staff would like the opportunity to purchase from a local vendor. 

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

WHEREAS, sealed bids (SB-09-28-120208-2) were solicited for the purchase of screen printed t-shirts for the Parks and Recreation Department; and,

            WHEREAS, ten (10) vendors submitted bids for this purchase, as indicated on the attached bid tab; and,

            WHEREAS, departmental personnel recommend that the contract be awarded to the following vendors:  Promotional Designs, Inc., Jonesboro Sports Center and J-Max Graphics; these vendors submitted the most advantageous bids.  If the lowest bid contractor cannot furnish the materials in a timely manner, the Parks and Recreation Department will be allowed to order materials from the next lowest bid contractor.

            NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-09-28-120208-2 to Promotional Designs, Inc., Jonesboro Sports Center and J-Max Graphics for the purchase of screen printed t-shirts; award as a unit price contract with no fixed quantities; prices will remain firm for the contract period.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

Bid to purchase fire protective clothing

            Brad Johnson, Division Chief presented the agenda item to the Board.  Bid documents were issued and five (5) vendors responded.  Staff recommend the bid be awarded to Total Fire Group who would furnish the boots, Bennett Fire will furnish the turn out gear (helmet, coat and pants) and Nafeco will furnish the hoods.  Bennett Fire has been the supplier for turn out gear for the last three (3) years. 

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

WHEREAS, sealed bids (SB-09-29-122208-3) were solicited for the purchase of Fire Fighter Turnout Gear on a renewable contract basis; and

            WHEREAS, five (5) vendors submitted bids for this purchase, as indicated on the attached bid tabulation; and,

            WHEREAS, funds are available in the Fire Department account for this commodity; and,

            WHEREAS, Bennett Fire, Nafeco and Total Fire Group have submitted the lowest and most responsive bids for the purchase of Fire Fighter Turnout Gear and are recommended by department personnel.

            NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-09-29-122208-3 to Bennett Fire, Nafeco and Total Fire Group for the purchase of Fire Fighter Turnout Gear; award as a unit / price contract with no fixed quantities; prices will remain fixed for contract period.  If the lowest bid contractor cannot furnish the materials in a timely manner, the Fire Department will be allowed to order materials from the next lowest bid contractor. The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

Adoption of the Joint County/Cities Solid Waste Management Plan:  2008-2018

            Michael Harris, Planning and Zoning Services Division Director presented the agenda item to the Board.  The Planning and Zoning staff prepared the Joint County/Cities Solid Waste Management Plan: 2008-2018 (SWMP).  The joint plan was prepared with the cooperation of the Cities of Hampton, Locust Grove, McDonough and Stockbridge, and approved for transmittal to the Atlanta Regional Commission for a regional review and public hearing by the Board of Commissioners on March 17, 2008.  The SWMP includes the Waste Reduction, Waste Collection, Waste Disposal, Land Limitation, Education and Public Involvement Elements, as well as Implementation Strategies for achieving the ten (10) year solid waste management vision for the County and the Cities.  After meeting with some of the waste hauling companies the intention is to launch a public outreach to coincide with National Government Week (first week in May).  The intention is to introduce the recycling efforts countywide and tie in the initiatives that NACO has for government week.

            Chairman Mathis asked when it comes to recycling, what type of reduction in waste is projected in this plan.  Mr. Harris stated they have heard 10%, 25% to 30% and the county would like to be within 15% of reduction of household solid waste.

            Chairman Mathis asked what the guarantee of there being available landfill space.  Mr. Harris stated one of the elements of the plan is to obtain letters from solid waste sites to guarantee capacity of a minimum ten (10) years. 

            Chairman Mathis asked if staff could begin to look alternatives to reduce waste not wait until the minimum ten (10) years lasped and there was no more landfill space.

            Chairman Mathis called for public comments from anyone wishing to speak regarding the agenda item.  Lothar Merker, a resident of the county asked for information regarding where the waste will be disposed of.

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

WHEREAS, The Georgia Comprehensive Solid Waste Management Act requires county and municipal governments to prepare a local solid waste management plan every ten (10) years and periodically update: and

WHEREAS, Henry County, Georgia has completed an update to the Joint County/Cities Solid Waste Management Plan: 2008 - 2018 for Henry County and the Cities of Hampton, Locust Grove, McDonough and Stockbridge; and

WHEREAS, Henry County, Georgia has complied with the Rules of Georgia Department of Community Affairs Minimum Planning Standards and Procedures for Solid Waste Management (Chapter 110-4-3) including public participation requirements;

NOW, THEREFORE, BE IT RESOLVED by Henry County, Georgia that the document entitled Joint County/Cities Solid Waste Management Plan: 2008 - 2018 shall be adopted by the Henry County Board of Commissioners and transmitted to the Atlanta Regional Commission (RDC) and the Department of Community Affairs.

Rezoning - Buddy Kelley of McDonough – RZ-08-12

            Ray Gibson, Director of Planning & Zoning presented the agenda item to the Board.  The request is to rezone property from RA (Residential Agricultural) to C-2 (General Commercial) for property located at 1836 Kelleytown Road on the southeast corner of the intersection of Kelleytown Road and Airline Road.  The property is located in Land Lot 44 of the 11th District, consisting of 2.16 +/- acres.  The request is for the development of a convenience store and retail building.  The Zoning Advisory Board recommended denial of C-2 but approval of C-1 (Neighborhood Commercial) at their July 24, 2008 meeting.  The applicant is requesting to rezone the property for the development of a 3,200 square foot convenience store and a 6,000 square foot commercial retail establishment.  The Current Future Land Use Map designates the subject property for commercial and service uses.  The Proposed Future Land Use Map designates the subject property for rural residential land uses. 

            Brent Moye, agent was present to represent the applicant.  The applicant requested C-2 (General Commercial) but would agree to a C-1 (Neighborhood Commercial) zoning.  A neighborhood meeting was held on September 9th and since that meeting the applicant has been working with staff to address the concerns of the Zoning Advisory Board and from the neighborhood meeting.  The applicant was in agreement with the revised eleven (11) conditions. 

            Chairman Mathis called for public comments from anyone wishing to speak regarding the rezoning request.  Speaking in opposition was Bob Strong, a resident of the county.

            Commissioner Holder asked if the C-1 zoning would allow for any type of drive-thru facility.  Mr. Moye stated the original request for C-2 was because it was understood that this was needed in order to have drive-thru.  After the Zoning Advisory Board meeting it is understood that a drive-thru as part of another building, as long as it’s not a stand alone is allowed in C-1.  Mr. Gibson stated that was correct.

            Commissioner Basler asked if the applicant was in agreement with the condition regarding the right-of-way.  Mr. Moye stated they were ok with the right-of-way.

            Commissioner Stamey asked if the applicant was bound by the current Future Land Use Map.  Latonya Wiley, County Attorney stated that was correct.

            Commissioner Bowman stated the front of the strip center has the old town look and he imaged the entire building would be the same and not metal siding on the end and the rear.  Mr. Moye stated he understands the entire building.  Mr. Gibson stated condition #7 states “The proposed retail strip plaza shall be constructed of brick, stone, cement fiberboard or any combination thereof”.

            Commissioner Basler asked for clarification regarding the current Future Land Use Map; it calls for commercial for the subject property.  Mr. Gibson stated that was correct.  Commissioner Basler asked how long this map has been in existence.  Mr. Gibson stated since December 2002 and the map prior to that was 1993 which also showed the four corners as commercial and service land uses.

            Commissioner Basler stated he would like for condition #7 to state four sides.  Commissioner Basler made the motion to approve the rezoning request; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Buddy Kelley of McDonough, GA (RZ-08-12) applied to rezone property from RA (Residential-Agricultural) to C-2 (General Commercial) for the development of a convenience store and retail establishment at 1836 Kelleytown Road, (Parcel ID Number: 134-01-046-000) in Land Lot 44 of the 11th District, consisting of 2.16 +/- 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 denial of  C-2 (General Commercial) and approval of C-1 (Neighborhood Commercial) on July 24, 2008; 

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners denies the applicant’s request for C-2 and approves C-1 with the following eleven (11) conditions:

  1. An exterior lighting plan shall require all lighting to be of moderate brightness and downcast.
  2. Dumpster(s) shall be placed on a concrete pad and enclosed on three (3) sides.  The enclosure shall be constructed of a masonry material.
  3. Two (2) curb cuts shall be permitted on Airline Road provided that the northernmost is right-in and right-out as determined by HCDOT.
  4. The entrances on Kelleytown Road and Airline Road shall have a deceleration lane/acceleration taper and shall be designed and constructed to HCDOT standards.
  5. The entrances shall be located such that the minimum intersection sight distance is met per the posted speed limit of each road.
  6. Applicant is to preserve an additional twenty feet (20’) of right-of-way along the site’s frontage on Airline Road from the existing right-of-way line (existing overall right-of-way width is eighty feet (80’). In addition, the Applicant is to preserve an additional twenty feet (20’) of right-of-way along the site’s frontage on Kelleytown Road from the existing right-of-way line (existing overall right-of-way width is eighty feet (80’). The Applicant shall be allowed to have the building setback lines based off of the existing right-of-way, and shall also be allowed to place the landscape strip within the preserved right-of-way along Airline Road and Kelleytown Road (exhibit ‘A’).
  7. The proposed Gas Station building shall be constructed in the Craftsman style with a combination of cement fiber siding and either brick or stacked stone on all four sides (exhibits ‘B’ and ‘C’). The proposed gasoline canopies shall have metal standing seam roofs. The proposed retail strip plaza shall be constructed of brick, stone, stucco, cement fiberboard or any combination thereof (exhibit ‘D’).
  8. A detailed landscaping plan shall exceed the minimum requirements of the ordinance and shall include mature landscaping throughout the entire site. A minimum of a twenty foot (20’) planted buffer shall be located all along the property lines which are shared with residentially zoned property. The required landscape strip around the perimeter of the property shall include two inch (2”) diameter-at-breast-height (dbh) canopy trees spaced continuously at thirty foot (30’) intervals on-center. A minimum of twenty percent (20%) of the site shall remain undisturbed or landscaped. The necessity of sidewalks shall be determined by the Planning & Zoning Department at the time of plan review.
  9. Primary ground signage shall consist of a monument-based sign that is consistent in design with the primary structure, constructed of brick, stone, stucco, or any combination thereof, and shall not exceed twelve feet (12’) in height.
  10. A six foot (6’) high decorative privacy fence, constructed of maintenance free material, shall be erected along the eastern and southern property lines of the subject property.
  11. 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.

Mr. Frank Potts request an appeal of the interpretation of Code Section 3-8-112 regarding the responsible party for installing the required sidewalks in the Brightwood Place Subdivision

            Jim Luebbering, Building and Development Services Division Director and Bert Foster, Director of Development Plan Review presented the agenda item to the Board.  Mr. Luebbering stated in September, 2008 the Building Department performed maintenance bond inspections of the Bridgtwood Place residential development phases I & II and there were fifteen (15) detailed deficiencies.  On December 16th DOT performed asphalt core sampling and analysis.  Staff is requesting the developer, Mr. Potts, to keep a minimum of $9,000 in maintenance bonds or letter of credit to cover the deficiencies.  Mr. Potts’ request is to shift the installation of sidewalks to the builder. 

            Mr. Foster stated Mr. Potts is appealing the decision of staff not to allow him to transfer the responsibility of installing the sidewalks from the developer to the future builders of the Brightwood Place Subdivision as a condition for the builder to receive a certificate of occupancy on any new construction within the subdivision.  Code Section 3-8-112 of the Subdivision Ordinance requires that the developer is ultimately responsible for the installation of the sidewalks.  Currently there are no sidewalks within the Brightwood Place Subdivision, neither Phase I nor Phase II.  The cost to install the sidewalks on both sides of the street is approximately $85,000.  The current bond is approximately $43,000 which is not enough to install the sidewalks.

            Mr. Potts stated this request brings to light issues that exist that may continue to come up.  The practice of the builder installing the sidewalks at the time of construction of the dwelling is consistent with the modern era of past procedures of Henry County since sidewalks were required.  It’s practical in the construction of dwellings phase to install and place concrete due to factors like drainage, grading, draining of underground utilities from the street to the new home.  If the sidewalks are installed prior to the construction of the homes all the damaged concrete would have to be removed and reinstalled. Mr. Potts feels that developers should be responsible for installing connector sidewalks in common areas, greenspace, retention ponds or amenity areas as the original approved plans require or deem necessary. 

            Chairman Mathis stated bonds are required for developments but the bonds are not enough to cover the infrastructure if the developer walks away.  Why are the bonds not enough to cover the infrastructure?  Mr. Luebbering stated he believes at the time they were insufficient but staff has updated the formula and it’s proposed in the new ULDC.

            Chairman Mathis stated it has been the practice to require the developer to install the sidewalks, curbs and gutters, etc., and if that were changed how many subdivisions would be affected.  What would be the criteria, how would you determine who gets the bonds back and who doesn’t?  Mr. Lubbering stated he did not know the amount of subdivisions that would be affected.  The practice has always been that the builder installs the sidewalks but the language has always tied the sidewalks to the developer before bonds are released.  The push now is to change the language so that it’s tied to the certificate of occupancy. 

            Chairman Mathis stated her concern is that whatever is done is fair to all.  Chairman Mathis asked Mr. Lubbering for his personal opinion.  Mr. Lubbering stated that staff would like for the letter of credit or bonds be maintained in the amount of at least $9,000 to cover the deficiencies in the curb and the road, etc.  In this case and others, there are going to be developments that are going to take many years before all the homes are built and the amount of wear and tear and the amount of damage that will occur on the sidewalks,  if the developer installs them upfront, they may have to be replaced.  If the installation is shifted to the builder and is tied to the certificate of occupancy, then the builder will install the sidewalks and there wouldn’t be that damage.  After meetings with staff and others it was agreed that this is something that needs to come to the Board of Commissioners and that there are merits to tie it to the certificate of occupancy.  But in this case there are some other items that need to be corrected. 

            Rob Magnaghi, County Manager stated there are three issues.  One is Mr. Potts individual request.  Another is are there issues that need to have an impact short term with the economy that can give some short term relief but at the same time bring back into sync the difference in what the Code of Ordinances say verses what the practical application has been between builders and developers.  And are there things that need to be looked at that could be long term issues relative to putting in the sidewalks.  First it’s the county’s responsible to protect the people that purchase the homes. 

            Chairman Mathis stated if the Board approves the appeal, we would have to move quickly to amend the Ordinance or there will be other appeals.  Ms.Wiley stated the way the Code is written states that the developer is responsible to install the sidewalks.  If the Board approved the request it would contradict what the Code states.  There can be an amendment to the Code and it should come first before taking action on this request. 

            Commissioner Holder asked if the County could enforce the Ordinances or conditions of subdivisions that have been taken over by the FDIC (Federal Deposit Insurance Corporation).  Ms. Wiley stated the county would have control of the conditions placed on property.

            Bert Foster read Code Section 3-8-112 into the record:  “Typically, sidewalks shall be installed by the builder before issuance of a certificate of occupancy.  However, all sidewalks are required to be complete throughout the subdivision (by the developer) before the end of the two-year maintenance period.”  There are three options; 1) The developer can install the sidewalks at the end of the two year bond; 2) The county can take over the bonds and the responsibility of installing the sidewalks; 3) The builders can install the sidewalks prior to receiving a certificate of occupancy.  The Ordinance requires that the developer is ultimately responsible. 

            Mr. Potts stated the condition of zoning regarding the sidewalks he would like to add another sentence to read “Sidewalks to be installed by the builder(s) of the home(s) in the subdivision at the time of construction of individual homes on each lot prior to the issuance of the certificate of occupancy being issued by Henry County Building Department”.  The request is for an amendment of the original zoning conditions.

            Chairman Mathis asked if this item was advertised as a modification.  Ms. Wiley stated it was not advertised as a modification to a zoning.  Mr. Foster stated the condition will still stand.  Mr. Potts is not trying to eliminate the condition he is trying to shift the responsibility of the condition.  Chairman Mathis stated if you add verbiage to a condition that was approved in an advertised zoning, you would have to advertise and post the property to add language to what was adopted in the rezoning request; the County Attorney agreed.

            Commissioner Holder made the motion to table the request; Commissioner Jeffraes seconded.  The motion carried unanimously.

Approval of an amendment to an agreement with Shi Investments regarding a road improvement project at the intersection of Bill Gardner Parkway and Tanger Boulevard

            Terry McMickle, Public Works Division Director presented the agenda item to the Board.  There was a previous agreement regarding installing a right turn lane from the Interstate 75 North connecting Tanger Boulevard.  The amendment is to change the date that Shi Investments has to deposit the $300,000.00 for the project.  The date was changed to March 27, 2009.

            Commissioner Holder stated the date was changed because there was a delay in the closing for Shi Investments.  Mr. McMickle stated that was correct.

            Commissioner Holder made the motion to approve the amended agreement; Commissioner Bowman seconded.  The motion carried unanimously.

Bid award for construction of he intersection improvement of Airline Road @ State Route 20

            Terry McMickle, Public Works Division Director presented the agenda item to the Board.  Sealed bids were solicited and fourteen (14) bids were received and reviewed.  Staff recommends the bid be awarded to the low bidder, Gary’s Grading & Pipeline Company in the amount of $1,598,773.40.  Also there was a request to approve a budget amendment transferring $700,000 from the Elliott Road and Lake Dow @ SR 81 project accounts. 

            Commissioner Holder asked if there was any funding received from the Georgia Department of Transportation (GDOT).  Mr. McMickle stated that Georgia DOT did the design for this project and will install the signal.

            Commissioner Stamey made the motion to award the bid to Gary’s Grading & Pipeline Company and approve the budget amendment; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Airline Road @ State Route 20 is a SPLOST III Transportation project; and

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

            WHEREAS, fourteen (14) sealed bids were received and reviewed; and

            WHEREAS, a budget amendment in the amount of $700,000.00 is needed to cover the construction and related cost; and

            WHEREAS, funding for this budget amendment is available in the SPIII Elliott Road and SPIII Lake Dow @ SR81 accounts; and

WHEREAS, Georgia Department of Transportation is to provide all signal equipment and installation for the intersection improvement; and

            WHEREAS, SPLOST recommends the low bidder, Gary’s Grading & Pipeline Co.; and

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a budget amendment in the amount of $700,000.00 and awards Bid Number SB-09-37-021309-1 to Gary’s Grading & Pipeline Co. for construction of the intersection improvement of Airline Road @ SR 20 in the amount of $1,598,773.40.  The Chairman is hereby authorized to sign all necessary documents for this project.  All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

Approval of a joint resolution with the Henry County Water & Sewer Authority regarding the Eagle’s Landing Parkway Project

            Terry McMickle, Public Works Division Director presented the agenda item to the Board.  Georgia Department of Transportation (GDOT) has suggested that an asbestos cement pipe be removed.  The pipe is an abandon pipe.  The cost to remove the line is approximately $1.1 million.  Research was done regarding this requirement and after conversations with the EPD and EPA to determine if the line needed to be removed; it was found that was not a requirement to remove the pipe.  Staff has petitioned to GDOT to make them aware of the findings. 

            A letter was received from GDOT dated February 6, 2009 stating if the county would like to leave the pipe in place we would be required to provide a resolution from the Board of Commissioners and the Water and Sewerage Authority stating that we are aware and acknowledge that the existing utilities and facilities are owned and operated by the Water Authority and they contain a hazardous material and it will be abandoned in place.  The Water Authority and the County would be responsible with any cost associated with removal of any areas that are in conflict. Condition # 5 in the resolution is requesting that Henry County agrees to remove any of the pipes that are located within the GDOT right-of-way at State Route 42. 

            Commissioner Jeffraes stated this project is a state project on state right-of-way and this will be an issue unless the policy is not changed.  There are miles of asbestos water line on state right-of-ways.  EPA and EPD have stated it is best to leave it alone.  It’s not harmful if it’s buried.  Mr. McMickle stated letters were received from EPA and EPD stating the same.  Depending on the test for the percentage of asbestos the pipes may not qualify for removal.    Mr. McMickle stated this water line is abandoned and is not an active line.

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

County Manager Comments

            There were no comments.

Request approval of a resolution supporting an amendment to the enabling legislation of the Henry County Development Authority

            Latonya Wiley, County Attorney presented the agenda item to the Board. The amendment is to add a sixth member to the Development Authority.  The resolution is to urge the Local Delegation to support the amendment and to introduce it in the 2009 session.

            Mr. Bob White, Development Authority stated Chairman Mathis inquired as to what was the process for adding members to the Development Authority.  Since the creation of the Development Authority the membership has been set at five members.  Through the years the make-up of the Board and method of appointment to the Board has changed.  At the time the Development Authority was created there was not an elected Chairman to the Board of Commissioners.  The Development Authority Board has discussed this amendment but has not formally approved a resolution supporting the amendment however, after discussions with the County Attorney it was decided that would be a positive step to go hand in hand with the Commissioners resolution.  The Development will enact a resolution in support of the amendment at a special called meeting on February 18, 2009.  The amendment will require a couple of changes in the legislation regarding voting, and also there will have to be an adjustment in the budget regarding the compensation of Board members.  The Board members extended to the Chairman the opportunity to appoint an interim appointee to the Authority on an ex-officio basis until the legislation was amended.  This would mean, for the Authority, that they could tack more resources. 

            Commissioner Bowman asked if it was stated that this would be a help to the Development Authority.  Mr. White stated through the years they have looked at ways to make the Board more effective.  In 2002, the local legislation was amended to broaden the types of projects that could be done.  Having more good input from the community, being able to tap more business leaders is something that the Authority has been looking into.  With a five (5) member board you are limited.  You can’t have committees, and can’t do a lot of things with three (3) members constituting a quorum. 

            Commissioner Holder commented he disagreed with Mr. White’s comments.  He’s not opposed, and is not saying the Chairman shouldn’t have an appointment.  It’s very untimely to bring this up.  This would be adding to government; another salary even though it’s minimal.  As far as the balance of the Board, yes it would take it to six.  There has been an elected Chairman since 1993. Sixteen years ago and it’s worked fairly well.  Every district is represented on the Authority and if there is an at large member you will have one district that will have more representation than the others.  It’s very untimely and that’s the reason he can not support it.

            Commissioner Stamey made the motion to approve resolution.  The motion died for lack of a second.  There was no other motion.

Public Comments

            There were no comments.

Upcoming meetings

1.       Monday, March 2nd at 9:00 a.m. and Tuesday, March 3rd at 9:00 a.m. Regular Board meetings

2.      Monday, March 16th at 9:00 a.m. and Tuesday, March 17th at 6:30 p.m. Regular Board meetings

Executive Session

Commissioner Basler 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 Bowman seconded.  The motion carried unanimously.

 (Executive Session was held.)

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

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

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

                                                            Elizabeth “BJ” Mathis, Chairman

Shay Mathis, County Clerk