STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Public Meeting at 9:00 a.m. on Monday, April 30, 2007, in the Community Room, County Administration Building, 140 Henry Parkway, McDonough, Georgia.  Notice of this meeting was posted in the entrance foyer of the County Administration Building. The Daily Herald was notified of this meeting. Those present were:

 

            Jason T. Harper, Chairman,

            Warren E. Holder, District I Commissioner

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

            Randy Stamey, District III Commissioner

            Reid A. Bowman, District IV Commissioner

            Johnny B. Basler, District V Commissioner

 

Also attending were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Rob Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager; Michael Harris, Planning Division Director; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant County Manager; Mike Bush Financial Services 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 amended the agenda by removing the request for authorization to enter into an agreement for the provision of Guardian Ad Litem and Child Advocacy services from the agenda and adding a resolution authorizing a public sale of unserviceable real property.

            Commissioner Holder made the motion to approve the amended agenda; Commissioner Bowman seconded.

            The Board presented the following proclamation recognizing “Older American’s Month”.

WHEREAS, the President of the United States has designated May as Older Americans Month and National Physical Fitness and Sports Month; and

            WHEREAS, it is appropriate to honor our Older American Adult Citizens for their many contributions to the vitality and strength of our community; and

WHEREAS, the United States Surgeon General has determined that regular physical activity results in significant health benefits and improved quality of life for older adults; and

WHEREAS, all older adults can participate in activities that improve and maintain their health;

NOW, THEREFORE, BE IT PROCLAIMED the Henry County Board of Commissioners recognizes May, as “Older Americans Month” and its theme “Fitness”-A Life of Benefits as National Senior Health & Fitness Day.

BE IT FURTHER PROCLAIMED that of Henry County Board of Commissioners urge all our citizens to support the efforts of local organizations that encourage older adults to enhance their lives through physical activity and to recognize Older Adults as a valuable resource in Henry County.      

Ms. Gwinder Childs request to appear regarding Childs Drive

            Ms. Gwinder Childs stated her request was for an address change.  Her father’s address was 254 Childs Drive for a number of years and currently there is a need to change the address because there were two homes with the same address number.  Ms. Childs request was to change her address to 275 Childs Drive in honor of her father.

            Chairman Harper stated if it was a matter of just issuing a number, it would be easy to do.  The problem is that what is known as Child’s Drive is not a county owned road.

            Michael Harris, Planning Division Director, stated a number of years ago, Emergency Services had trouble finding Mr. Frank Childs, Jr. who lived on Childs Drive.  Henry County Department of Transportation installed a sign identifying Childs Drive to make it easier for emergency services to identify the road.  The road has never been deeded to the county as a county road.  Mr. Child’s home (254 Childs Drive) was eventually torn down and was given the address of 275 Upchurch Drive.  At one time there were two (2) homes that had the address of 254 Upchurch Drive.  Once the house was torn down and removed, this issue no longer existed.  Ms. Gwinder Childs decided to rebuild at the same location of the house that was torn down and also requested to have the same address.  Homes across the street had already been re-numbered including 254 Upchurch Drive.  The tax assessors’ office stated the appropriate address for Ms. Childs home would be 275 Upchurch Drive.  Ms. Childs stated to staff that she understood the process but indicated she still would like to have the 254 address and wanted to know if it would be possible to have 254 Childs Drive.  It was explained to Ms. Childs that Childs Drive was not a county road and she requested to address the Board regarding the road becoming a county road.  

            Terry McMikle, Public Works Division Director, stated Childs Drive is currently maintained by the property owner. 

            Mr. Cooper Keller, Tax Assessor’s Office, stated the reason there were two 254 addresses was that Ms. Childs’ father built his home in 1947 (according to tax records), the other home on Upchurch Drive (Parcel 44) was built in 1966 and they were both assigned the number of 254.  Mr. Keller contacted the Water Department to inquire if the homes had water meters and the Water Department indicated the home on Upchurch Drive (Parcel 44) had a water meter.  It was not known if the Water Department had a meter for Ms. Childs’ property. 

            Chairman Harper stated to grant the request would be to accept Childs Drive as a county road but all of Childs Drive is not owned by Ms. Childs.  The other parcels along Childs Drive would have to agree to donate the road to the county.  If that happens the County would have to determine if it’s feasible to accept the road. 

            Commissioner Holder commented that assuming that all the property owners along what is known as Childs Drive agreed to donate right-of-way, there is another issue that would have to be addressed; before the county normally accepts a road, the road would have to be brought up to county specifications. 

            Chairman Harper informed Ms. Childs that staff would contact the residents of 254 Upchurch Drive regarding changing the addresses and staff will explain the procedure for donating a road to the county and coordinate with the other land owners regarding donating the necessary right-of-way.

PLANNING AND ZONING SERVICES

F & G Development of Jonesboro, GA – RZ-07-04

F & G Development of Jonesboro, GA requests a rezoning from RA (Residential-Agricultural) to R-2 (Single-Family Residence) for property located at 121, 131, and 171 Oak Grove Road.  The property is located in Land Lot 97 of the 7th District, consisting of 30.33+/- acres.  The request is for the development of a single-family conservation residential subdivision.  The Zoning Advisory Board recommended approval on March 22, 2007.

            The subject property is located on the west side of Oak Grove Road, approximately one-half mile north of Jonesboro Road.  A conditional use was approved on March 22, 2007 by the Zoning Advisory Board.  The Future Land Use Map designates the subject property for Low Density Residential Land Uses not to exceed 2.5 dwelling units per acre.  The applicant submitted a yield plan, which is a requirement of the conservation subdivision ordinance, and the plan shows 51 lots with a minimum lot size of 18,000 square feet.  The concept plan shows 53 lots on 27 net acres for a net density of 1.96 dwelling units per acre.  Approximately 12.92 acres, 42.6 % of the gross acreage, would be preserved as open space.  A 100 foot buffer will be provided along the frontage of Oak Grove Road as well as a 50 foot perimeter buffer around the perimeter of the property. The applicant requested that the minimum density of 1.96 dwelling units per acre be removed in favor of the development not to exceed 53 lots.

            Dan Green, Ashford Engineers, represented the applicant.  Mr. Green requested that condition #15 be capped at 53 lots. Regarding the requirement for sidewalks along Oak Grove Road, there has been interest in not building the sidewalks to allow for a 100 foot buffer in lieu of the sidewalks in the areas where the existing buffer is not sufficient. The applicant is considering trees 24 feet on center, two rows staggered for the buffer. 

            Commissioner Mathis asked the applicant why he requested removing the condition regarding the net density.  Mr. Green stated calculations were done based upon the conservation, at the previous hearing, the net density was calculated by moving the right-of-way.  It is understood that Henry County’s density calculation is based upon right-of-way, areas of ponds and floodplain. 

            Commissioner Mathis asked if it would be in the interest of the residents to have the sidewalks.  Mr. Green stated regarding removing the sidewalks; it was a response from a Commissioner not wanting to remove trees to install sidewalks and the interest in the communities in the area is they wanted buffers. 

            Commissioner Holder asked if the applicant had a problem with installing sidewalks and a buffer.  Mr. Green indicated he did not have a problem with the request. 

            Mr. Green asked if the sidewalks would be within the existing right-of-way or would it need to be within 100 feet because of the plans to widen Oak Grove Road in the future. 

            Terry McMickle, Public Works Division Director, stated he recommends the sidewalks be installed on the backside of the ditch.  The plans show an 80 foot right-of-way.  If it’s not within the right-of-way, it should be adjacent to the edge of the right-of-way.  He would not be opposed to them being within the right-of-way as long as they are not in the ditch. 

            Chairman Harper stated for clarification condition #7 should be amend to read “sidewalks shall be installed along both sides of streets within the development and along the site’s frontage on Oak Grove Road on the backside of the right-of-way if requested by staff”.    Mr. Green indicated he was in agreement with the amendment.

            Commissioner Stamey recommend condition #13 be amended to read “There shall be a 50 foot undisturbed buffer around the perimeter, except along the road frontage which will be an additional 100 feet along Oak Grove; a six foot high planted vegetated berm along Oak Grove Road, etc.  Condition #14 would be amended to read “the total number of lots is not to exceed 53 lots.

            Ray Gibson, Planning & Zoning Director, asked for clarification of actual vegetation that will be planted within the buffer; minimum of three (3) rows of Leyland Cypress or American Hollies planted at twelve (12) foot on center, staggered.

            Commissioner Stamey asked the applicant if he agreed.  Mr. Green indicated he agreed with the amendments.

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

            Commissioner Stamey made the motion to approve the rezoning request with the fifteen (15) conditions as amended; Commissioner Mathis seconded.  The motion carried unanimously approving the following conditions:

1.      There shall be a mandatory Homeowners’ Association that shall oversee the maintenance of all common areas of the proposed development, including open space and amenity areas.

2.      The development shall have uniform mailboxes throughout.

3.      Streetlights and underground utilities shall be required.

4.      All yards shall be sodded to the rear drip line.

5.      There shall be a tree-lined streetscape that will include one tree to be located on each interior lot and two trees located on each corner lot.  Canopy, evergreen, and/or understory trees may be included in the streetscape.

6.      A landscaping plan shall be submitted to the Development Plan Review Department for review and approval.

7.      Sidewalks shall be installed along both sides of streets within the development and along the site’s frontage on Oak Grove Road on the backside of the right-of-way if requested by staff

8.      All entrances shall have a deceleration lane/acceleration taper, which shall be constructed to Henry County Department of Transportation standards.

9.      Each entrance shall meet the minimum intersection sight distance required per the posted speed limit of Oak Grove Road.

10.  All houses shall be constructed of brick, stone, stucco, or any combination thereof on all sides.  Cement based products may be used as accents in dormers, gables, bay windows, and above rooflines of the houses.  Vinyl shall be used for soffits and fascia.

 

11.  The minimum house size shall be 2,300 square feet of heated floor space.

 

12.  An open space management plan shall be submitted.

 

13.  There shall be a 50’ undisturbed buffer around the perimeter, except along the road frontage which will be an additional 100’ along Oak Grove; a six foot high planted vegetated berm along Oak Grove Road, with additional vegetated buffering along the south portion bordering property from the southwest corner of lot 47 out to Oak Grove Road. The buffer shall consist of a minimum of three (3) rows of Leyland Cypress or American Hollies planted at 12’ on center, staggered.

 

14.  The total number of lots shall not to exceed 53 lots.

 

  1. Notwithstanding anything to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in a manner so as to require any violation of any existing building, development, stormwater and/or any other applicable codes.

 

BUILDING AND DEVELOPMENT SERVICES

Appeal the denial of a Development Permit for 1199 Jonesboro Road

            A request was submitted for a clear and grade permit.  Per the Henry County Code of Ordinances, clear and grade is not allowed unless a site specific plan is submitted.  Mr. Pat O’Neill requested to appeal the denial of the development permit.

            Chairman Harper asked staff if a site specific plan was ever submitted.  Mr. Steve Schafer, Development Plan Review Director, stated a plan was not submitted.

            Mr. Pat O’Neill, P.E. with Larry Sibley surveying, Inc. represented the applicant.  There is currently a run-down residential structure on the property at the corner of Mt. Carmel and Jonesboro Road.  The applicant will be providing sanitary sewerage to the subject property.  Currently the sewer trench will need to be 15 feet deep along Jonesboro Road.  As the clearing and demolishing of the structure is complete, the applicant wishes to fill along the intersection to grade the property and make it level.  There will be a 50 foot buffer along the west and south west property lines.  If the property is leveled, the depth of the trench could be reduced from 15 feet to 12 ½ feet deep and that would provide for a better construction operation. Mr. O’Neill stated the applicant would like to have a review of just grading the property level.  There’s no definite development plan for the commercial property. 

            Chairman Harper asked why not wait until the property was developed to bring sewer to the property.  Mr. O’Neill stated the sewer has been submitted for review by the Water Authority.  By grading the property level the depth can be reduced.  Approximately three (3) parcels west of the subject property is a development and sewer is being brought to the property and the applicant would like for that construction to continue on to the subject property.

            Commissioner Holder stated his concern is when someone buys property, before a clearing and grading permit can be obtained, the property owner has to submit a plan.  It may not be known what actually will be developed prior to clearing the property.  In this case the applicant is trying to get the elevation of the lot up to where it meets the sewer.  The process for permitting job sites is something that needs to be reviewed. 

            Chairman Harper asked if there were conditions on the subject property when it was rezoned.  Steve Schafer, Development Plan Review Director, stated there are conditions and the applicant would be required to comply with those conditions for development of a plan. 

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

            Commissioner Stamey made the motion to uphold the denial for a development permit; Commissioner Mathis seconded.  The motion carried 3-2-0 with Commissioners Stamey, Mathis and Basler in favor; Commissioners Holder and Bowman opposed.  The following resolution was approved:

WHEREAS, Mr. Pat O’Neill has filed a Notice of Appeal of the decision to deny a Development Permit for 1199 Jonesboro Road; and

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

            WHEREAS, development plans were submitted, and denied through the Development Plan Review Department; and

           

            WHEREAS, the property located in Land Lot 97 & 128 of the 7th District at 1199 Jonesboro Road and the plans do not meet the requirements as clearing and/or mass grading is prohibited by Section 3-7-166-g of the  Zoning Ordinance of Henry County.

 

            NOW THEREFORE BE IT RESOLVED, the Board of Commissioners approves/denies the appeal as proposed for 7 acres located at 1199Jonesboro Road as proposed on the Development Plans as submitted. 

 

PUBLIC SAFETY

Acceptance of a donation for the CERT Program

            As part of the renovation of the McDonough Wal-Mart a block of grants for community programs and Emergency Services received a grant in the amount of $1,000.00.  The funds will be used directly to purchase items for the CERT Program to continue to enhance the program throughout the community.

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

WHEREAS, the CERT program is a vital part of emergency preparedness for the citizens of Henry County; and

 

            WHEREAS, the CERT program is a program that teaches one to take care of family and then assist their community; and

 

            WHEREAS, Wal-Mart looks to partner in the preparedness of communities, through support of programs such as CERT.

 

            NOW, THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners authorizes the Chairman of the Henry County Board of Commissioners to accept the donation of $1000 and execute any documents necessary to purchase CERT equipment.

 

Authorization to purchase two (2) canines

            The Henry County Police Department requested to purchase two (2) canines to replace two (2) canines that are being retired from duty.

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

WHEREAS, the Henry County Police Department will purchase from K-9 Concepts two (2) cross trained patrol and narcotics Belgian Malinois; and

WHEREAS, the department has two (2) dogs, whose usefulness and reliability are

deteriorating and need to be replaced with two (2) younger and more efficient dogs; and                                                       

               

WHEREAS, the total cost of the two (2) dogs will be $25,200. A 50% deposit to

select and hold any dog for a department will be $12,000 with the remaining balance of $12,000 to be paid on the first day of the handler's course. The remaining $1,200.00 will be for housing of the handlers during training; and

 

WHEREAS, the Board desires to employ certain federal and state narcotics

Forfeiture account funds to provide the needed patrol and narcotics dogs.

 

NOW THEREFORE BE IT RESOLVED BY THE HENRY COUNTY BOARD OF COMMISSIONERS THAT the Board hereby endorses the use of $25,200 from certain federal and state narcotics forfeiture funds for two (2) cross trained patrol and narcotics dogs for law enforcement purposes. Funds for the dogs shall be respectively allocated from both the federal and state narcotics forfeiture accounts.

 

SPLOST/CAPITAL PROJECTS

Bid for Improvements and Paving of Sorrow Road

            Sorrow Road is a SPLOST II project and one of the last road paving projects in the current program.  Bids were solicited and six sealed bids were received.  SPLOST staff recommended the bid be awarded to Lambert Sand & Gravel.

            Commissioner Basler made the motion to award the bid to Lambert Sand & Gravel in the amount of $999,963.80; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Sorrow Road is a designated SPLOST II project; and

WHEREAS, sealed bids were solicited for the paving and improvements of Sorrow Road; and

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

            WHEREAS, funding for this budget amendment is available in the SPLOST II Sorrow Road account; and

            WHEREAS, SPLOST recommends the low bidder, Lambert Sand & Gravel in the amount of $999,963.80; and

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the proposal of Lambert Sand & Gravel and authorizes the Chairman of the Board to sign all necessary documents for the pavement of Sorrow Road.

Approval of Utility relocation Agreement with Georgia Power

            McDonough Parkway Extension is a SPLOST II project that is due to be let in December, 2007.  The extension will be from the Publix Supermarket on McDonough Parkway to Highway 42.  Due to the construction of this project, Georgia Power will need to make certain adjustments to their existing facilities.

            Commissioner Bowman made the motion to authorize the Chairman to execute the agreement and reimburse Georgia Power in the amount of $23,272.00 for the actual cost to relocate the poles; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, McDonough Parkway Extension is a designated SPLOST II project; and

WHEREAS, due to the construction of this project, it will become necessary for Georgia Power to make certain adjustments to their existing facilities; and

            WHEREAS, Henry County agrees to bear 100% of the actual cost of the relocation expenses which is estimated to be $23,272.00; and

            WHEREAS, the Board approves the execution of the attached contract between Georgia Power Company and Henry County for the utility relocation on McDonough Parkway Extension; and

           

 NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the Relocation Agreement between Georgia Power Company and Henry County

PUBLIC WORKS

Authorization to accept a Local State Route for construction of McDonough Parkway Extension

            To allow Federal funding to be spent on McDonough Parkway Extension it is necessary to designate the road as a temporary state route.  The request is for approval to allow McDonough Parkway Extension to be a temporary state route and after completion of the project the road will become a county road.

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

            WHEREAS, the Commissioners of Henry County (herinafter called the County) are being notified that the preconstruction activities for the McDonough Parkway Extension as described in Order of the Commissioner 3441 as shown on the sketch maps attached thereto; and

            WHEREAS, the County will accept for ownership, maintenance, utility accommodation, and as part of their local system, State Routes 1160, 1160TA, and 1160TB when removed from the State Highway System; and

            WHEREAS, upon execution of Order 3441, the County shall accept title and ownership of State Routes 1160, 1160TA, and 1160TB being removed from the State Highway System; and

            WHEREAS, the Department shall continue to retain jurisdictional authority and maintenance responsibility on State Routes 1160, 1160TA, and 1160TB being removed from the State Highway System until the improvements referenced in Order of the Commissioner 3441 are completed; and

            WHEREAS, the advancement of this project to construction is contingent upon the execution of this Resolution.

             NOW, THEREFORE, IT IS RESOLVED that the County will execute this resolution and that a signed copy of this Resolution be furnished to the Department.

Bid Award for the purchase of Performance Friction Brake Parts

            Competitive sealed bids were solicited to purchase performance friction brake parts.  Bids were sent to twenty-five (25) vendors and eight (8) vendors submitted bids.  Staff recommended the bid be awarded to A. P. W., Inc. as overall low bidder.

            Commissioner Holder made the motion to award the bid to A.P.W., Inc.; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, sealed bids (SB-07-47-041307-1) were solicited for the purchase of Performance Friction brake parts for the Fleet Services Department; and

 

            WHEREAS, eight (8) 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, A. P. W., Inc. has submitted the lowest and most responsive bid for the purchase of Performance Friction brake parts; departmental personnel recommend award to A. P. W., Inc.

 

            NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-07-47-041307-1 to A. P. W., Inc. 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.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

 

SOCIAL SERVICES

Services Contract Agreement with Helping in His Name Food Pantry

            Helping in His Name Food Pantry has been operating in Henry County since 1990.  It is a non-profit organization that provides temporary emergency help to the unemployed, under-employed, to elderly people on fixed incomes, and single parents on a weekly or monthly basis.  The Food Pantry is staffed mostly by volunteers and their mission is to provide food and information about other agencies, both governmental and non-profit to their clients.

            Since beginning operations, the Food Pantry has grown to provide food to more than 1,200 people every month.  The rapid growth of this program warrants the need for a larger warehouse.  Recently they had to sell their facility and locate a larger facility.  Originally the Food Pantry’s request was for possibly a donation of land to build a facility.  Since that request, warehouse space has become available and they are currently persuing that space, however, the warehouse space is in need of some repairs and the request is now for financial assistance from Henry County for such repairs. 

            Chairman Harper stated that this is a Service Contract with the Food Pantry for their services.  Staff confirmed that was correct.

            Commissioner Mathis asked the County Attorney if he had reviewed the request.  Patrick Jaugstetter, County Attorney, stated he reviewed a request approximately two years ago from Helping In His Name Ministries and according to the information that was provided, a memo was written suggesting that the organization was probably a religious based organization. There is a constitutional provision in Georgia that prohibits County Governments from giving funds to a religious organization.  The By-Laws that were provided for this meeting by Helping In His Name did not indicate any religious affiliation.  He was not aware of any changes that may have been made.

            Angie Bailey, Social Services Division Director, stated knowing of those concerns, staff asked Ms. Donna Crumbley, President of Helping In His Name Food Pantry, to provide a copy of their By-Laws.  There is no religious reference in the By-Laws.

            Commissioner Mathis asked how much financial assistance has been given to the pantry.  Ms. Donna Crumbley stated $2,000 was given to the pantry several years ago.  She further stated the pantry has provided major support in helping the citizens of Henry County.  Last year there were over 25,000 client visits and approximately 800 family visits. 

            Commissioner Mathis asked if the proceeds for the sale of their building were not adequate for the needed repairs.  Ms. Crumbley stated they were not.  They received $394,000 and the new warehouse property had to be leased in the amount $22,000 a month since September, 2005.  There are currently enough funds to close the property on cash basis.  There will be a balance left over for operating costs. 

            Commissioner Mathis asked if there were churches that contribute on a monthly basis to help operate the ministry.  Ms. Crumbley stated yes, there are approximately 20 to 25 churches that provide small contributions.  Some of the larger denominations (Presbyterian, Methodist, and Baptist) are the largest donators to the agency.

            Commissioner Holder commented that Ms. Crumbley has served for many years as a volunteer.  He also asked how many food pantries are in Henry County.  Ms. Crumbley stated there are two others; 1) Stockbridge Assembly of God which operates one day a week and 2) Feed My People which serves mostly ministries.  Ms. Crumbley also stated DFACS (Department of Family and Children Services) refers all their clients to Helping in His Name.

            Commissioner Holder commented that the Board is not questioning the Food Pantry’s efforts, but if the Board contributes funds to Helping In His Name and another agency makes a request, the Board has to decide who will receive funding.  A key element is if DFACS, a state agency, is sending clients to Helping In His Name, that is some justification. 

            Commissioner Mathis asked if there was a policy in place as to what types of organizations the county will partner with or have service agreements with.  If there are organizations that meet specific needs for the citizens of Henry County and provide the criteria for the Board to consider entering into a service agreement or is it done case by case.

            Rob Magnaghi, County Manager, stated it is done case by case and it has been the history in the county.  Any time we bring it to the Board, staff feels comfortable that there is need for the service and it’s a service that would support the people within the community.  It is looked at, in many cases, that we are assisting people in providing certain services to keep the government from having to get too involved in providing the same services.

            Commissioner Mathis commented that the Board would like to thank the Food Pantry for the years of service to citizens of Henry County. 

            Commissioner Holder made the motion to approve the service agreement; Commissioner Mathis seconded.  The motion carried unanimously approving the following agreement:

            This agreement made this __________ day of __________________, 2007, between HENRY COUNTY, GEORGIA (sometimes hereinafter referred to as “the County”) and the Helping In His Name Food Pantry (sometimes hereinafter referred to as “The Food Pantry”) is for the purpose of retaining “The Food Pantry” as an independent contractor, for purposes of providing food as well as information on other agencies, both governmental and non-profit, which may assist in other areas.  Pursuant to this agreement, the parties agree as follows:

 

TERMS OF AGREEMENT

 

            The Food Pantry will provide the above-referenced services at no cost to the citizens of Henry County.  In exchange for these services and the resulting substantial benefits to the County and its citizens, the County hereby agrees to compensate The Food Pantry in the amount of $25,000 payable upon the execution of the Services Contract by the undersigned representatives of the County and Helping In His Name Food Pantry.

 

            IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.

 

Resource Sharing Agreement with the Atlanta Regional Workforce Board

            The agreement is a formalization of the agreement in place since November, 2006 when the Workforce in Action Job Placement Center was opened in conjunction with the Atlanta Regional Commission (ARC).  ARC has provided the computers and the staff and is currently operating on Wednesday’s by appointments.  Henry County’s partner commitment would involve providing space designated for a Career Resource Center lab and resource area, communications and internet services for the center including telephones, wireless internet connection, and a data line for a fax machine, which have been established through existing space and equipment allocated to the operation of Henry County’s Connecting Henry Office.

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

WHEREAS, The Atlanta Regional Commission’s Regional Workforce Board has expressed a sincere desire for Henry County to become a host agency for this Program; and,

 

WHEREAS, this agreement provides the framework for key local partner commitment regarding the allocation and sharing of operational costs and resources as applied to the ARC Workforce Board’s Career Resource Center

 

WHEREAS, Henry County’s partner commitment would involve providing space designated for a Career Resource Center lab and resource area and communications and internet services for the center including telephones, wireless internet connection, and a data line for a fax machine, which have been established through existing space and equipment allocated to the operation of Henry County’s Connecting Henry Office:

 

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners authorizes the Chairman of the Commission to sign the Resource Sharing Agreement attached hereto as Exhibit “A”.

 

Amendment #1 to the SFY 2007 Georgia Department of Human Resources Coordinated Transportation for Elderly & Persons with Disabilities contract

            The request is to accept an additional $50,000 increasing the current contract amount to $358,000.  The Department of Human Resources anticipates there is not enough funding in the current contract to provide reimbursement to the county for the services that transit will provide through the current physical year.  There is no local match for these state revenues.

            Commissioner Holder made the motion to accept Amendment #1 of the contract; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Georgia Department of Human Resources is amending contract number 427-93-07070287-99 to obligate $50,000.00 for Transportation Grant for Henry County Board of Commissioners (d.b.a., Henry County Transit) for transportation; for the period of July 1, 2006 thru June 31, 2007; and

 

WHEREAS, Henry County Board of Commissioners can now collect up to $408,000.00 in transportation fees;

 

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners agrees to and accepts amendment # 1 for Georgia Department of Human Resources Coordinated Transportation for Transportation Assistance.

 

FINANCE

Bid award for the purchase of uniform rental and cleaning services

            The request is to award the bid for uniform rental and cleaning service to Riverside Uniforms Rental, Inc. as low bidder based on the quality and replacement costs.  The award is for a unit/price contract with no fixed quantities.

            Commissioner Mathis asked why the county is renting uniforms.  Ms. Angie Sorrow, Budget and Procurement Director, stated the uniforms are rented for the Department of Transportation, Fleet Services, Facility Maintenance, the Building Department and Community Services to insure that staff have clean uniforms.

            Commissioner Holder commented that Riverside Uniforms Rental is not the lowest bid; the reason is for the quality and the replacement costs.

            Commissioner Stamey made the motion to award the bid to Riverside Uniforms Rental, Inc.; Commissioner Bowman seconded.  The motion carried 4-1-0 with Commissioners Basler, Stamey, Holder and Bowman in favor and Commissioner Mathis in opposition.  The following resolution was approved:

WHEREAS, sealed bids (SB-07-39-041007-3) were solicited for the purchase of Uniform Rental and Cleaning Services for various Department; and,

 

            WHEREAS, five (5) vendors submitted bids for this purchase, as indicated; bid tab is attached and,

                       

            WHEREAS, funds are available in the various department’s account to complete this purchase; and,

 

            WHEREAS, (Riverside Uniform Rental, Inc.) has submitted the lowest and most responsive bid for the purchase of (Uniform Rental and Cleaning Services);

 

            NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-07-39-041007-3 to (Riverside Uniforms Rental, Inc.); award as a unit / price contract with no fixed quantities; prices shall remain firm for the contract period; uniforms will be ordered as required and approved.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

 

APPROVAL OF THE MINUTES

April 16th and April 17th minutes

            Commissioner Mathis indicated she would provide the corrections to the County Clerk and stated for clarification on page 10 of the April 16th minutes regarding the bid for construction of bridge on Bethlehem Road, the amount of the bid was not included in the resolution.

            Commissioner Bowman made the motion to approve the minutes; Commissioner Stamey seconded.  The motion carried unanimously.

COUNTY MANAGER COMMENTS

            There were no comments

COUNTY ATTORNEY

Annexation – City of McDonough

A notice of annexation and rezoning was received from the City of McDonough for approximately 13.08 acres from RA to C-2 zoning classification. The property is located at the intersection of the eastern right-of-way of Travis with the Southwest right-of-way of State Route 81 to a point on the Northern right-of-way of Racetrack Road.  The plans for the property were not submitted with notice of annexation.  Patrick Jaugstetter suggested requesting additional information regarding the plans for the subject property.

Annexation – City of Locust Grove

A notice of annexation and rezoning was received from the City of Locust Grove, for approximately 17.5 acres on Highway 42/Tanger Boulevard.  Locust Grove requested DM Land Development amend their original application of zoning map amendment to incorporate office and institutional uses (OI) to the original plan of townhomes.  In addition, the net density of the townhouse portion was limited to no more than six (6) units per acre per the previous letter dated March 22, 2007 where the BOC voted to rescind the earlier objection.

Public Sale of Unserviceable Real Property

            Henry County acquired a 56.71 +/- acre tract of property.  It was purchased in the context of a rezoning application that the Commissioner, at that time, felt was objectionable.  Since acquiring the property the County has not been able to make use of it.  The property has limited access and is not useful for county purposes.  The property boarders Dekalb County and has less than ideal topography.  Commissioner Basler requested that the County Attorney propose a method for disposing of the property.  The County is permitted to sell property generally by public auction.  The request is to authorize the public sale of the subject property.

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

            WHEREAS, in August 2003, Henry County acquired 56.71 acres (more or less) in Land Lots 248 and 249 of the 12th District of Henry County, Georgia, which property is described on Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”); and

            WHEREAS, the Property has limited access and its topography is not conducive to public use; and

            WHEREAS, County staff has determined that the Property is unserviceable and cannot be beneficially used for county purposes;

            NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED AS FOLLOWS:

1.      The Board of Commissioners of Henry County, Georgia hereby determines that the Property cannot be beneficially used for county purposes and is, therefore, unserviceable.

2.      The Board of Commissioners directs that the Property be disposed of in accordance with O.C.G.A. §36-9-3 by selling the same to the highest responsible bidder by public auction after due notice is given, or by such other means as are authorized by law.

3.      In the event the property is disposed of by public auction, the County shall retain the right to reject all bids and to cancel the sale.

4.      County staff is directed to advertise and conduct the public sale in accordance with the requirements of O.C.G.A. §36-9-3 and/or such other requirements as are imposed by law.

PUBLIC COMMENTS

            There were no public comments

UPCOMING MEETINGS

1.      Tuesday, May 1st, 2007 @ 9:00 a.m.  Regular BOC meeting - CANCELLED

2.      Monday, May 14th @ 9:00 a.m. and Tuesday, May 15th @ 6:30 p.m., Regular BOC meetings

3.      Monday, June 4th @ 9:00 a.m. and Tuesday, June 5th @ 9:00 a.m.

 

 

EXECUTIVE SESSION

            Commissioner Mathis made the motion to adjourn into Executive Session in accordance with the provisions of O.C.G.A. 50-14-3, and other applicable laws, and pursuant to advice by Patrick Jaugstetter, the County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters; Commissioner Bowman seconded.  The motion carried unanimously.

 

(Executive Session was held.)

 

 

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

Commissioner Mathis made the motion to approve the executive session affidavit; Commissioner Stamey seconded.  The motion carried unanimously.

Commissioner Stamey made the motion to amend the agenda out of public necessity to add and approve a resolution regarding a proposed annexation by the City of McDonough for property located on Turner Church Road also known as the Wade Property; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the City of McDonough is considering annexation of property on Turner Church Road known as the Wade Farm Property; and

WHEREAS, this proposed annexation would place multiple residential units along the paved portion of Turner Church Road near Highway 155; and

WHEREAS, the passage of HB 2 by the Georgia General Assembly (which is set to become law) would allow an objection to annexation requests for various reasons; and

WHEREAS, the Board of Commissioners wishes to express its concerns about the sight distance of the intersection of Highway 155 and Turner Church Road; and

WHEREAS, the Henry County Board of Commissioners wishes to express concerns that the quality of residential units approved be in keeping with the neighboring subdivisions;

NOW THEREFORE BE IT RESOLVED by the Henry County Board of Commissioners that it requests that the City of McDonough consider the limited sight distance at Highway 155 and Turner Church Road as well as consider passage of only a rezoning which would be commensurate with the quality of the surrounding area.

Commissioner Holder made the motion to amend the agenda out of public necessity to add and approve the acquisition of 15,629 square feet of land, more or less, and 409 square feet of permanent construction easement, more or less, and 6,492 square feet of temporary construction, more or less, in Land Lots 173, 179 and 180 of the 2nd District in Henry County; Commissioner Bowman seconded.  The motion carried unanimously.

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

 

                                                                        Jason T. Harper, Chairman

Shay Mathis, County Clerk