The Henry County Board of Commissioners held a Public Meeting at 6:30 p.m. on Tuesday, April 15, 2008, 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 Harper, Chairman

Warren E. Holder, District I Commissioner

          Elizabeth (“B.J.”) Mathis, District II Commissioner

          Randy Stamey, Vice-Chairman, District III Commissioner

          Johnny B. Basler, District V Commissioner

Those absent were:

          Reid A. Bowman, District IV Commissioner

Also attending were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Rob Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant County Manager; Mike Bush, Finance Director; Michael Harris, Planning & Zoning Services Division Director; Angie Bailey, Social Services Division Director; Roy Clack, SPLOST/Capital Projects 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 Harper called the meeting to order and announced the following items would not be heard:

·        Appeal of a Decision to deny a Conditional Use request by the Zoning Advisory Board:

 

Clayton Community Church of Stockbridge; AP-08-05; Commissioner Mathis, District 2

Clayton Community Church of Stockbridge, GA requested a conditional use for property located at 787 and 795 Mount Olive Road in Land Lot 77 of the 6th District.  The property consists of 12.05 +/- acres, and the request is for athletic fields associated with a religious facility.  The request was denied by the Zoning Advisory Board on March 13, 2008.  The applicant filed an appeal with the Henry County Planning and Zoning Department on March 17, 2008.

·        Appeal of a Decision to deny a Variance request by the Zoning Advisory Board:

              

Clayton Community Church of Stockbridge, GA; AP-08-04; Commissioner Mathis, District 2

Clayton Community Church of Stockbridge, GA requested a variance for property located at 787 and 795 Mount Olive Road in Land Lot 77 of the 6th District.  The property consists of 12.05 +/- acres, and the request is for a religious facility to be located on a local road.  The request was denied by the Zoning Advisory Board on March 13, 2008.  The applicant filed an appeal with the Henry County Planning and Zoning Department on March 17, 2008.

·        Parks & Recreation

Resolution requesting approval for a budget amendment to provide for improvements at Nash Farm Park

Chairman Harper called for an acceptance of the agenda.  Commissioner Stamey made the motion to approve the agenda; Commissioner Mathis seconded.  The motion carried unanimously.

          The Board presented the following proclamation (Heidi Taylor, a transplant recipient, was present to receive the proclamation):

WHEREAS, one of the most meaningful gifts that a human being can bestow upon another is the gift of life; and

 

WHEREAS, approximately 29,000 Americans received a life-saving or life-enhancing organ transplant last year; and

 

WHEREAS, a new patient is added to the national patient waiting list for an organ transplant every 13 minutes; and

 

WHEREAS, more than 98,000 men, women and children are currently on the national waiting list for organ transplantation, of which approximately 2,200 reside in Georgia; and

 

WHEREAS, an average of 17 people die every day awaiting an organ transplant which did not come in time; and

 

WHEREAS, every citizen of Henry County is a potential organ, tissue and blood donor;

 

NOW, THEREFORE, BE IT PROCLAIMED by the Henry County Board of Commissioners that the month of April, 2008 is Donate Life Month in Henry County, when we honor all who have given the gift of life, and focus our efforts on the extreme need for organ, tissue, and blood donors. We encourage residents to designate their donation decision and share the decision to donate with family members.

Board Appointments

          Commissioner Mathis made the motion to appoint Mr. Robert J. “Bobby” Gosnell to the McIntosh Trail Community Service Board; Commissioner Holder seconded.  The motion carried unanimously.

          Commissioner Holder made the motion to appoint Mr. Andy Welch to the Health Department Board; Commissioner Mathis seconded.  The motion carried unanimously.

Bid award to purchase & install two water heaters/boilers for the Sheriff’s Department

          Michael Sabine, Assistant County Manger, presented the agenda item to the Board.  The current domestic water heater units need to be replaced and the purchase was bid by the Purchasing Department.  The lowest and most responsive bid was submitted by Harbin’s Mechanical Services, Inc. to furnish and install the units.

          Commissioner Mathis asked if the units would be under a warranty.  Mr. Sabine stated they would have a full warranty that would anticipate the life cycle of the units to be approximately 15 to 20 years. 

          Commissioner Mathis also asked if the jail expansion would be serviced by the requested units or would the units for the expansion be purchased at a later date.  Mr. Sabine stated the units would service the current needs and reasonably anticipated needs. 

          Commissioner Mathis made the motion to award the bid to purchase two (2) domestic water heater/boiler units to Harbin’s Mechanical Services, Inc.; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, sealed bids (SB-08-54-033108-3) were solicited for the purchase and installation of two (2) water heaters / boilers for the Sheriff’s Department; and,

 

          WHEREAS, three (3) vendors submitted bids for this purchase, as indicated; on attached bid tabulation and,

         

          WHEREAS, funds are available in the County’s Budget to complete this purchase; and,

 

          WHEREAS, Harbin’s Mechanical Services has submitted the lowest and most responsive bid for the purchase and installation of two (2) water heaters / boilers; departmental personnel recommends award to Harbin’s.

 

          NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-08-54-033108-3 to Harbin’s Mechanical, Inc. in the total amount of $69,997.00 for the purchase of two (2) water heater / boilers.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

Amendment to an Ordinance entitled “Wrecker Services”

          Don Ash, Emergency Communications Director, presented the agenda item to the Board.  A Wrecker Services Committee was formed with an objective to achieve the highest level of services to the citizens and visitors of Henry County, while outlining and implementing the fairest and most equitable standards to the service providers of wrecker services.  There were eleven (11) key points that were addressed in amending the ordinance:

1.     The application process

2.     Wrecker service employees,

3.     Wrecker service fee schedules,

4.     Wrecker service rendered to the public,

5.     Paperwork and procedures to care and dispose of vehicles,

6.     Clean-up of scenes,

7.     Procedures for handling complaints and excessive fees,

8.     Review of the process of wrecker service performances,

9.     Requirements for wrecker services,

10. Acceptable and non-acceptable response times, and

11. Grievance and appeal process for wrecker service providers. 

A copy of the draft ordinance was provided to all committee members and the wrecker service providers that currently service Henry County as well as anyone who would like to do business with the county.  Recommendations were submitted and discussed by the committee and submitted to the County Attorney.

Commissioner Holder stated that both wrecker service providers (Swanson Towing and Elkins Wrecker Service) currently providing service were present and asked if they had reviewed the amended ordinance.  The Elkins representative stated he had not reviewed the amended ordinance and the Swanson’s representative stated he had reviewed the amended ordinance.

Mr. Ash reminded Elkins that the ordinance was reviewed at a meeting with all wrecker services.  The Elkins representative stated he did indeed review the ordinance.

 Commissioner Mathis asked if the fees were comparable to the other counties.  Mr. Ash stated a review of surrounding counties was done as well as a review of the state consensual towing agreement to make sure the fees were comparable to the recommend towing charges.

Chairman Harper called for public comments from anyone wishing to speak regarding the ordinance amendment; there was no response.

Commissioner Holder made the motion to approve an Ordinance amending Chapter 3-4, Subchapter 4, Article III of the Code of Henry County, Georgia, entitled “Wrecker Services”; and for other purposes; Commissioner Basler seconded.  The motion carried unanimously (A copy of the Ordinance is on file in the County Clerk’s office).

Authorization to purchase tasers for the Police Department

          Major Butler, Police Department, presented the agenda item to the Board.  The Police Department requested authorization to purchase six (6) tasers from the Asset Forfeiture Account to be used by the Narcotics Unit. 

          Commissioner Stamey made the motion to authorize the purchase; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Henry County Police Department Narcotics Division is requesting to purchase 6 (six) M26 tasers to help protect themselves and others; and

WHEREAS, the taser would be another level in the “Escalation of Force”.  The agent is currently having to use either an ASP baton or hard hands before using his/her firearm; and

WHEREAS, the taser is a humane level of force and is less than lethal. The taser would benefit the agent by reducing injuries to him/herself and others as well as the suspect. The department and community would like to see a more peaceful resolution to bringing suspects to justice with the use of firearms; and

WHEREAS, the M26 tasers would be purchased from a sole source provide, Taser International. The cost of the purchase would be $2, 451.54.

WHEREAS, the authorized purchase of the M26 tasers would be an expenditure from the Federal and State Seized Asset Forfeiture Fund.; and

NOW THEREFORE BE IT RESOLVED, by the HENRY COUNTY BOARD OF COMMISSIONERS that the Board hereby authorized the purchase of 6 (six) M26 tasers from Taser International for the Henry County Police Department Narcotics Division.

Authorization of an agreement with Coca-Cola Enterprises, Inc.

          Tim Coley, Director of Parks and Recreation, presented the agenda item to the Board.  The request is for renewal of an existing agreement with Coca-Cola.  There has been an on-going agreement with Coca-Cola where they provide scoreboards and maintenance of the boards and there would be Coca-Cola products sold within the concessions.  There are approximately eighty (80) scoreboards presently furnished by Coca-Cola serving in county parks and this new agreement will provide for the purchase of approximately fifteen (15) new scoreboards as well as maintenance of existing scoreboards.

          Commissioner Mathis asked if the scoreboards belong to the County at the end of the agreement.  Mr. Coley stated yes, the scoreboards under this agreement will be purchased. 

          Commissioner Holder made the motion to approve the agreement between Coca-Cola Enterprises (d/b/a The Atlanta Coca-Cola Bottling Company) and Henry County through the Parks and Recreation Department and authorize the Chairman to execute the agreement; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Board of Commissioners is the custodian of county facilities, including parks facilities; AND

WHEREAS, the maintenance and operations of county parks facilities includes the provision of scoreboards for use at various events; AND

WHEREAS, the Coca-Cola Company has in years past furnished scoreboards for use by the Parks & Recreation Department at county facilities and those scoreboards remain in active use; AND

WHEREAS, the Coca-Cola Company desires to provide funding to off-set current and future scoreboard acquisitions made directly by the Parks & Recreation Department; AND

WHEREAS, the Parks & Recreation Department recommends maintaining the existing concession partnership with Coca-Cola and entering into a new beverage agreement with Coca-Cola to affirm this partnership; AND

WHEREAS, there are approximately eighty (80) scoreboards presently furnished by Coca-Cola serving in county parks and this new agreement will provide for the purchase of approximately fifteen (15) new scoreboards as well as maintenance of existing scoreboards.

NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Henry County that the Board hereby approves the Beverage Agreement between Coca-Cola Enterprises Inc (d/b/a The Atlanta Coca-Cola Bottling Company) and Henry County (for the Henry County Parks & Recreation Department). The Chairman is hereby authorized to execute this Agreement on behalf of the Board of Commissioners.

Authorization to submit an application for the Federal Transit 5310 Grant Funding for 2008-2009

          David Williamson, Transit Director, presented the agenda item to the Board.  The Georgia Department of Human Resources (DHR) Coordinated Transportation System uses FTA 5310 funding to purchase transportation services for eligible individuals from transportation providers.  Henry County Transit has been a provider of transportation for elderly and disabled citizens under the DHR Coordinated System for the past nine (9) years.

          Commissioner Stamey made the motion to approve the submission of the application for the Federal Transit Administration’s 5310 grant funding for the 2008-2009 fiscal year and authorize the Chairman to sign the necessary application documents; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Georgia Department of Human Resources has agreed to renew its coordinated transportation contract with Henry County (d.b.a., Henry County Transit); for Elderly Persons and Persons with Disabilities for the period of July 1, 2008 thru June 31, 2009;

       WHEREAS, Henry County Board of Commissioners can collect up to $447,626.00 in transportation fees for services provided to the elderly and disabled;

       NOW, THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners approves submission of the application for the Federal Transit Administration’s 5310 grant funding for the 2008/09 fiscal year and authorizes the Chairman to sign the necessary application documents.   

Bid award to purchase performance friction brake parts

          Terry McMickle, Public Works Division Director, presented the agenda item to the Board.  The request is for approval of a unit price contract to purchase high performance brake parts for emergency vehicles.  Staff recommended the bid be awarded to Johnson Industries as overall low bidder.

          Commissioner Holder made the motion to award the bid to Johnson Industries for the purchase of performance friction brake parts on a unit/price contract with no fixed quantity, with the price remaining fixed for the contract period and authorizing the Chairman to execute the contract; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, sealed bids (SB-08-53-032508-1) were solicited for the purchase of Performance Friction brake parts for the Fleet Services Department ; and,

          WHEREAS, six (6) vendors submitted bids for this purchase, as indicated on the attached bid tab; and,

          WHEREAS, funds are available in the Fleet Services account to purchase this commodity; and,

          WHEREAS, Johnson Industries has submitted the lowest and most responsive bid for the purchase of Performance Friction brake parts; departmental personnel recommend award to Johnson Industries.

          NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-08-53-032508-1 to Johnson Industries for the purchase of Performance Friction brake parts; award as a renewable unit/price contract with no fixed quantity; prices will remain fixed for the contract period; materials will be ordered as required and approved..  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

Authorization for the sale of certain real property known as Trestle Road

          Terry McMickle, Public Works Division Director, presented the agenda item to the Board.  At the March 18, 2008 meeting the Board abandoned and declared surplus the .283 acres of deeded right of way on Trestle Road.  The adjoining property owner expressed a desire to acquire this tract.  Henry County DOT had the property appraised and it appraised for $3,100.00.  The subject property is no longer needed for roadway purposes.

          Commissioner Holder made the motion to approve the sale of certain real property and authorize the Chairman to execute any documents necessary to convey the purchase; Commissioner Mahtis seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Henry County Board of Commissioners abandoned and declared it surplus a section of Trestle Road (.283 acres) described on Exhibit “A”  as Tract 1 that adjoins Randy and Stephanie Jackson; and,

 

WHEREAS, the County has title to the .283 acres that was abandoned; and,

 

WHEREAS, the adjoining property owner, Randy and Stephanie Jackson, has expressed a desire to acquire such property from Henry County; and,

 

WHEREAS, O.C.G.A. § 32-7-3 and 32-7-4 establish the procedure for disposing of such property.

 

NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County, Georgia, as follows:

 

1.                 That the County Attorney is authorized and directed to offer to sell the property described in Exhibit “A”  as Tract 1 to the adjoining land owner in accordance with the provisions of O.C.G.A. § 32-7-4 for the amount of $3100.00 (the fair market value thereof).

 

2.                 That in the event the adjoining property owner accepts the offer as required in O.C.G.A. § 32-7-4, the County Attorney is directed to prepare a quitclaim deed conveying title to said property, and the Chairman of the Board of Commissioners is authorized to execute, on behalf of Henry County, Georgia, a quitclaim deed conveying said property.

 

3.                 That the County Clerk is authorized and directed to attest to the Chairman’s signature on such quitclaim deed.

Authorization to enter into a contract with Georgia Department of Transportation for Plant Mix Resurfacing on various county roads

          Terry McMickle, Public Works Division Director, presented the agenda item to the Board.  In October of 2007, Henry County certified right of way to the Georgia Department of Transportation (GDOT) on fourteen (14) county roads.  The contract reimburses the County for the asphalt that will be used to resurface the roads. 

          Commissioner Mathis made the motion to approve the request and authorize the Chairman to execute the contract; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Georgia Department of Transportation would like to assist Henry County in the resurfacing of various (14) county roads; and,

WHEREAS, GDOT will provide funding on recycled asphalt, bituminous tack coat, and striping as a unit price contract, but not to exceed a total of $224,584.51.

NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County authorizes the Chairman to sign the contract no. ID:  C38193-08-000-0.

Bid award for the engineering and repair to Austin Oaks Dam

          Terry McMickle, Public Works Division Director, presented the agenda item to the Board.  Henry County purchased green space property that lies between Austin Oaks Lake and SR 155.  Included in the property was the Austin Oaks Dam.  The emergency overflow structure had a leak and staff has been seeking a solution.  A bid was issued for engineering and repair to the spillway.  Staff recommended the bid be awarded to Stantec Consulting Services, Inc.  The proposal provides a one (1) year warranty for the work. 

          Commissioner Stamey asked if there was a homeowners association for the Austin Oaks Subdivision and are they aware of the issues with the dam.  Mr. McMickle stated they were aware of the problem but he wasn’t sure if there was a homeowners association.  The part of the dam where the emergency spillway is located is on county owned property. 

          Commissioner Basler made the motion to award the engineering and repair proposal to Stantec Consulting Services, Inc., in the amount of $32,900 and authorize the Chairman to sign all necessary documents and also to authorize any necessary budget transfers; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Henry County purchased a piece of green space property that included half of the Austin Oaks Lake; and,

WHEREAS, the portion of the dam where the emergency spillway is located belongs to Henry County; and,

WHEREAS, the emergency spillway is being undercut by a flow of water underneath the concrete cap; and,

WHEREAS, if the problem at the emergency spillway is not concreted, the dam could breach; and,

WHEREAS, funding is available in the Department of Transportation budget.

NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards the engineering and repair proposal to Stantec Consulting Services, Inc. in the amount of $32,900.00 and authorizes the Chairman to sign all necessary documents.  All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

Certifying matching funds for a National Park Service Land and Water Conservation Grant for Nash Farm Park

          Larry Stanford, Grants Administrator, presented the agenda item to the Board.  Among the key elements in the quest to provide all residents of Henry County with a quality passive recreation park at Nash Farm Park are the needs for a playground area for children and the paving of three walking/biking trails to provide easier access for citizens and visitors. 

          The total amount of the project is $136, 736.  Henry County is seeking a reimbursable Land and Water Conservation Fund Grant from the National Park Service administered by the Georgia State Parks & Historic Sites Division.  The grant requires a 50/50 split of the total amount of the project.  The grant would provide $68,536 with the County providing $68,536 in matching funds.  Henry County’s portion would consist of $40,000 in funds for the playground equipment, $10,868 in funds for the trail paving and $17,500 in in-kind services for the trail paving.  Funds are available in the County’s grant match account.

          Commissioner Mathis made the motion to authorize the certification that the County will provide $50,868 in matching funds and $17,500 in matching in-kind services if Henry County is awarded a $68,368 National Park Service Land and Water Conservation Grant; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Henry County seeks to improve Nash Farm Park through the building of a playground area for children and the paving of walking/biking trails for easier access; and,

 

WHEREAS, the total cost of the project is $136,736, and Henry County is applying for a National Park Service Land and Water Conservation Grant; and,

 

WHEREAS, the grant requires a 50/50 split of the total cost of the project, making the grant portion $68,368 and the County’s portion $68,368; and,

 

WHEREAS, the County’s portion will be divided into $50,868 in matching funds and $17,500 in matching in-kind services, and funds are available in the County’s Grant Match account; and,

 

WHEREAS, the grant requires the County provide a resolution with the pre-application certifiying and assuring that it has the ability and intention to finance 50 percent of the total project cost and will move forward with due diligence to prepare appropriate documentation required for a formal LWCF application;

 

NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners authorizes the certification that the County will provide $50,868 in matching funds and $17,500 in matching in-kind services if Henry County is awarded a $68,368 National Park Service Land and Water Conservation Grant.

Approval to enter into an intersection improvement program with Georgia Department of Transportation regarding Thurman Road at Fairview Road

          Roy Clack, SPLOST/Capital Projects Director, presented the agenda item to the Board.  As part of the contract with the Georgia Department of Transportation, Henry County agrees to abide by all state and/or federal regulations, rules, laws, and guidelines during construction on the intersection improvements of Thurman Road at Fairview Road.  The total estimated construction cost of the projects is $617,448.43.  The total contribution from GDOT is $493,958.74, which is the maximum obligation. 

          Commissioner Basler made the motion authorizing the agreement for the intersection improvement program with the Georgia Department of Transportation and to authorize the Chairman to sign all necessary documents related to the contract; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Thurman Road @ Fairview Road is a designated SPLOST I Transportation project; and

WHEREAS, Henry County agrees to abide by all state and/or federal regulations, rules, laws, and guidelines during construction on the intersection improvement of Thurman Road at Fairview Road; and

          WHEREAS, the total estimated construction cost of the project is $ 617,448.43; and

          WHEREAS, the total cost of the project to be financed under the Intersection Improvement Program using Federal STP funds is $493,958.74 which is the Department of Transportation’s maximum obligation; and                                        

          WHEREAS, any amount above and beyond the $493,958.74 will be funded within the SPLOST I Thurman Road at Fairview Road project account; and

           NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves entering into an Intersection Improvement Program with Georgia Department of Transportation and authorizes the Chairman of the Board to sign all necessary documents for the contract.

Bid award for clean-up of 1.29 acres of land on Peeksville Road

          Roy Clack, SPLOST/Capital Projects Director, presented the agenda item to the Board.  Clean-up and grading of parcel 4 was part of the right-of-way negotiation to purchase property.  Sealed bids were solicited for clean-up and grading and the request is to award the bid to Ground Works Construction as the low bidder.

          Commissioner Holder made the motion to award the bid to Ground Works Construction and authorize the Chairman to sign all necessary documents and approve all budget amendments necessary to cover the cost; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Peeksville Road is a SPLOST I project; and

          WHEREAS, clean-up and grading of parcel 4 was part of Right-of-Way negotiation; and

WHEREAS, sealed bids were solicited for clean-up and grading of 1.29 acres of land located on Peeksville Road; and

          WHEREAS, twelve (12) sealed bids were received and reviewed; and

          WHEREAS, funding for this budget amendment is available from the project account; and

          WHEREAS, SPLOST recommends the low bidder, Ground Works Construction in the amount of $12,400.00; and

          NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the proposal of Ground Works Construction and authorizes the Chairman of the Board to sign all necessary documents for the clean-up and grading of 1.29 acres on Peeksville Road.

Olivia Harrison of McDonough, GA – RZ-08-01

          Brecca Sherow, Planner II, presented the agenda item to the Board.  Olivia Harrison of McDonough, GA requested a rezoning from C-2 (General Commercial) to C-3 (Heavy Commercial) for property located at 141 Foster Drive, in Land Lot 111 of the 6th District.  The property consists of 2.499 +/- acres, and the request was for the development of a hotel. The Zoning Advisory Board recommended approval on February 28, 2008.

          The request was for development of a 36,504 square foot, upscale hotel establishment.  On the Future Land Use Map the subject property is designated for Commercial and Service land uses.  On the proposed Future Land Use Map the subject property is located within the Suburban Employment Activity Center.  Road access to the property is proposed from Foster Drive which is a local road.  The Ordinance states that “uses in this district shall be located on roads having a minimum classification of major arterial”, per Section 3-7-154.  A variance request for road classification was approved on February 28, 2008.  There was a meeting with Public Works, Planning and Zoning staff, Division Directors office and the agent for the property regarding road improvements and access to the property.  Conditions #4, #5 and #11 were revised as a result of the meeting.  (A revised resolution was presented to the Board.)

          Harold McGlothin represented the applicant for the request.  Mr. McGlothin commented on how professional and nice people from Henry County have been to work with.

          Commissioner Stamey asked Mr. McGlothin if he had reviewed the revised conditions. Mr. McGlothin stated he had discussed all the conditions with DOT and he was in agreement.

          Commissioner Holder asked as far as the road classification, when would the road be improved and will the hotel be allowed to be built before the improvements are made.  Ms. Sherrow stated according to conditions #5 and #6 there is right-of-way that has to be set aside for Foster Drive.

          Mr. McMickle stated the intention is for the applicant to make improvements on Foster Drive to include a left turn lane and an accel/decel lane.  The applicant will contribute $15,000 for future resurfacing and $20,000 for future improvements.

          Chairman Harper called for public comments from anyone wising to speak regarding the agenda item; there was no response.

          Commissioner Stamey made the motion to approve the rezoning request for C-3 with thirteen (13) conditions; Commissioner Mathis seconded.  The motion carried unanimously approving the following 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 brick, stone, stucco or any combination thereof.

3.   Sidewalks shall be installed along the site’s frontage on Foster Drive.

4.  One curb cut is allowed for access to the site and shall meet the minimum intersection sight distance per Foster Drive’s posted speed limit. Vehicular interparcel connectivity shall be installed on the northern, southern and western property lines of the subject property (Parcel Id numbers: 053-01004000; 053-01002000; and 054-01021001, respectively) to facilitate future commercial development along Foster Drive, where possible. 

5.   A left turn lane, along with a deceleration lane/acceleration taper will be required to be designed and constructed to Henry County D.O.T. standards along Foster Drive from the northern access drive into Shoppes at Henry Crossing to the northern limit of the site's frontage.  The deceleration lane/acceleration taper is to be delineated as follows:  A fifty feet (50') deceleration taper, fifty feet (50') deceleration bay length, and fifty feet (50') acceleration taper.   The overall roadway width, not including the deceleration lane/acceleration taper, shall be a consistent thirty-six feet (36') along the above described limits along Foster Drive.  A full set of construction plans, including cross sections, will be required for the roadway improvements on Foster Drive.

6.  The developer will be responsible for any necessary utility relocations and for obtaining any necessary easements or additional right-of-way from adjacent affected property owners.

7.     A detailed landscaping plan shall be submitted.  The Development Plan Review Department shall have final approval of the plan prior to final plat approval.

8.  All buildings shall be constructed of brick, stone, stucco, wood, glass or any combination thereof on all sides.  The Planning and Zoning Department shall have final approval of architectural plans.

9.  Signage shall be constructed and architecturally designed to meet the guidelines for the current master sign plan for the Shoppes at Henry Crossing, dated March 14, 2007, prepared by the TGM Signs Company.

10.         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.

      11. The applicant shall widen the existing roadway with a minimum typical section of eight inches (8") of Graded aggregate base, two inches (2") of asphalt binder (19mm SP), and a one and one half inch (1 1/2") layer of E-Mix (12.5mm SP) topping lift.  The applicant shall contribute twenty thousand dollars ($20,000) to Henry County D.O.T. to be used for future improvements to Foster Drive upon issuance of the Land Disturbance Permit.  The applicant shall contribute an additional fifteen thousand dollars ($15,000) to Henry County D.O.T. prior to issuance of the Certificate of Occupancy for a future one and one half inch (1 1/2") overlay of Foster along the limits described in condition number five (5).

12.         The subject property shall not allow, operate, offer, market “extended stay” temporary housing.

13.         The property shall only be used for the development of a four story plus or minus 98 room hotel/motel.

 

Bid award for printing and preparation of the 2008 Notices of Property Value

          Michael Sabine, Assistant County Manager, presented the agenda item to the Board.   As required under the reassessment process in Georgia, the Tax Assessors’ Department needs to print and prepare the 2008 Notices of Property Value.  Two vendors responded to the written bid and staff recommended the bid be awarded to L & M Business Forms.

          Commissioner Holder made the motion to award the bid to L & M Business Forms; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Georgia law along with the administrative rules of the Georgia Department of Revenue mandate that assessments of real property reflect updated values; AND

WHEREAS, the Tax Assessors’ Department has reassessed certain properties within Henry County in accord with this mandate; AND

WHEREAS, notification of these updated values is necessary; AND

WHEREAS, the Tax Assessors’ Department requires printing and preparation of the 2008 Property Value Notices for timely mailing to the respective owners of real property subject to these notices; AND

WHEREAS, bids were solicited by the Purchasing Department for this product; AND

WHEREAS, L & M Business Forms of McDonough was the lowest responsive bidder to print and prepare these notices.

NOW THEREFORE BE IT RESOLVED BY the Board of Commissioners of Henry County that the Board hereby awards WB-08-154-2 to L & M Business Forms in the base amount of $12,252.75 with address corrections for returned mail at $0.65 (sixty-five cents) each. The Chairman is hereby authorized to execute this resolution on behalf of the Board.

Approval of the Minutes

          Commissioner Mathis made the motion to approve the March 31st and April 8th meetings; Commissioner Holder seconded.  The motion carried unanimously.

County Manager Comments

          Staff will be contacting the Board regarding prioritization of the SPLOST III projects.

 

County Attorney Comments

          There were no comments.

Public Comments

          There were no comments.

Upcoming Meetings

                                   1.      Thursday, April 24, 2008, Commissioners to attend an Economic Summit @ the Georgia Resource Center in Atlanta, 7:30 a.m. to 5:30 p.m.

                                   2.      Monday, May 5th and Tuesday, May 6th,  @ 9:00 a.m., Regular BOC meeting

                                   3.      Monday May 19th @ 9:00 a.m. and Tuesday, May 20th , @ 6:30 p.m., Regular BOC meeting

Executive Session

Commissioner Stamey 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 Mathis seconded.  The motion carried unanimously.

(Executive Session was held.)

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

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

Commissioner Holder made the motion to amend the agenda out of public necessity and to approve a resolution to authorize the acquisition of 0.127 +/- acres of land in 3.512 +/- acres of land and .229 +/- acres of land in Land Lot 228 of the 2nd District by negotiated contract or condemnation for land located on North Unity Grove Road; Commissioner Mahtis seconded.  The motion carried unanimously.

Commissioner Basler made the motion to adjourn; Commissioner Mathis seconded.  The motion carried unanimously.

 

                                                Jason T. Harper, Chairman

 

Shay Mathis, County Clerk