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,
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
(NOTE: Audio of this
meeting is available with the
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
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
to purchase playground equipment at
Coley, Director of Parks & Recreation presented the agenda item to the
Board. A request for proposal (RFP) was
distributed for playground equipment at
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:
need exists to purchase and install handicap accessible Playground equipment at
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
Bid to purchase screen printed T-Shirts
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
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,
departmental personnel recommend that the contract be awarded to the following
vendors: Promotional Designs, Inc.,
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.
THEREFORE, BE IT RESOLVED, the Board of Commissioners of
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
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
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 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.
Basler stated he would like for condition #7 to state four sides. Commissioner Basler made the motion to approve the rezoning request;
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
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
Luebbering, Building and Development Services Division Director and
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.
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
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.
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.
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
Commissioner Holder made the motion to table the request; Commissioner Jeffraes seconded. The motion carried unanimously.
of an amendment to an agreement with Shi Investments regarding a road
improvement project at the intersection of
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
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.
award for construction of he intersection improvement of
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,
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.
Stamey made the motion to award the
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, 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.
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
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.
approval of a resolution supporting an amendment to the enabling legislation of
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
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.
There were no comments.
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
made the motion to adjourn into
Executive Session in accordance with the provisions of O.C.G.A. 50-14-3, and
other applicable laws, and pursuant to advice by LaTonya Wiley, the
Commissioner Bowman made
the motion to reconvene into Public