The Henry County
Board of Commissioners held a Public Meeting at 9:00 a.m. on Monday, April 30,
2007, in the Community Room,
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
were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Rob
Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager; Michael
Harris, Planning Division Director;
(NOTE: Audio of
this meeting is available with the
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.
The Board presented the following proclamation recognizing “Older American’s Month”.
WHEREAS, the President of the
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
BE IT FURTHER PROCLAIMED that of
Gwinder Childs request to appear regarding
Gwinder Childs stated her request was for an address change. Her father’s address was
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.
Harris, Planning Division Director, stated a number of years ago, Emergency
Services had trouble finding Mr. Frank Childs, Jr. who lived on
McMikle, Public Works Division Director, stated
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
Harper stated to grant the request would be to accept
Harper informed Ms. Childs that staff would contact the residents of
PLANNING AND ZONING SERVICES
& G Development of
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
subject property is located on the west side of
Green, Ashford Engineers, represented the applicant. Mr. Green requested that condition #15 be
capped at 53 lots. Regarding the requirement for sidewalks along
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
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.
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
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.
Chairman Harper called for public comments from anyone wishing to speak in opposition to the request; there was no response.
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
8. All entrances shall have a deceleration lane/acceleration taper, which shall be constructed to Henry County Department of Transportation standards.
Each entrance shall meet the minimum intersection sight
distance required per the posted speed limit of
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.
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
14. The total number of lots shall not to exceed 53 lots.
BUILDING AND DEVELOPMENT SERVICES
the denial of a Development Permit for
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.
Harper asked staff if a site specific plan was ever 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
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.
Harper asked if there were conditions on the subject property when it was
Chairman Harper called for public comments from anyone wishing to speak in opposition of the appeal; there was no response.
WHEREAS, Mr. Pat O’Neill has filed a Notice of Appeal of the decision to deny a
Development Permit for
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.
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.
WHEREAS, the CERT program is a vital part of
emergency preparedness for the citizens of
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
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.
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.
for Improvements and Paving of
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, sealed bids were solicited for the paving
and improvements of
WHEREAS, (6) six sealed bids were received; and
WHEREAS, funding for this budget amendment is
available in the
WHEREAS, SPLOST recommends the low bidder, Lambert Sand & Gravel in the amount of $999,963.80; and
NOW, THEREFORE, BE IT RESOLVED the
Approval of Utility relocation Agreement with Georgia Power
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
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, due to the construction of this project, it will become necessary for Georgia Power to make certain adjustments to their existing facilities; 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
to accept a
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.
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
upon execution of Order 3441, the County shall accept title and ownership
of State Routes 1160, 1160TA, and 1160TB being removed from the
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.
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.
Services Contract Agreement with Helping in His Name Food Pantry
in His Name Food Pantry has been operating in
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
Chairman Harper stated that this is a Service Contract with the Food Pantry for their services. Staff confirmed that was correct.
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.
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
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.
Sharing Agreement with the
agreement is a formalization of the agreement in place since November, 2006
when the Workforce in
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
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:
THEREFORE, BE IT RESOLVED, the
#1 to the SFY 2007
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.
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
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.
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
Bowman made the motion to approve
There were no comments
– City of
A notice of annexation and
rezoning was received from the City of
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
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:
The Board of
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.
There were no public comments
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.
Commissioner Bowman made
the motion to reconvene into Public
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
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
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.
Jason T. Harper, Chairman