STATE OF GEORGIA

 

COUNTY OF HENRY[s1] 

 

 

The Henry County Board of Commissioners held a Public Meeting at 9:00 a.m. on Monday, May 14, 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 called for an acceptance of the agenda.  Commissioner Mathis made the motion to approve the agenda; Commissioner Basler seconded.  The motion carried unanimously.

          Chairman Harper announced that the following item would not be heard at this meeting:

The De-Annexation, RZ-07-09-AX, has been postponed by Staff. (Received notification 5/3/07)

Tom Lasanta of Kennesaw, GA requests a resolution from the Board of Commissioners regarding the de-annexation of property located on Flippen Road within the City of Stockbridge.  The property is located in Land Lot 5 of the 12th District, consisting of 1.25 +/- acres.  The property is part of a larger tract of land proposed for rezoning from RA (Residential Agricultural) to PD (Planned Development).

 

BUILDING AND DEVELOPMENT SERVICES DIVISION

Extension for a move-in house located at 401 Cook Drive

          Doug Gilbert, Building Department Director presented the agenda item to the Board.  The request is for a 61-day extension on a move-in house located at 401 Cook Drive.  The Building Department has given all the extensions allowed by the Henry County Zoning Ordinance.  The Board of Commissioners also granted two (2) extension requests.  Mr. Theron Adams’ request is for an additional 61-day extension to complete this move-in structure.  

          The applicant was not present for the meeting.

          Commissioner Basler stated he visited the site on May 13, 2007 and he was aware of some of the circumstances surrounding the request; Commissioner Basler asked Mr. Gilbert for his opinion regarding the situation.  Mr. Gilbert stated according to the information received from Mr. Adams, there was an accident and he was not able to physically be present at the site to supervise the workers.  The Building Department had no objections to granting the extension.

          Commissioner Basler made the motion to grant the 61-Day extension for a move-in house located at 401 Cook Drive; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Mr. Theron Adams received a building permit on January 13, 2006 for a move-in house to be located 401 Cook Drive; and

          WHEREAS, on March 3, 2006 a foundation inspection was requested, inspected and passed and on April 12, 2006 a plumbing slab inspection was requested, inspected and passed and on April 19, 2006 a basement slab inspection was requested, inspected and passed; and

          WHEREAS, due to circumstances the project was not completed and a 30-day extension was filed and granted by the Building Department, a 109-day extension was filed and granted by the Board of Commissioners and another 181-day extension was filed and granted by the Board of Commissioners which extended the completion date to April 30, 2007; and

            WHEREAS, no additional building inspection have been requested as of April 21, 2006; and

            NOW, THEREFORE, BE IT RESOLVED Mr. Theron Adams is requesting the Board of Commissioners grant a 61-Day extension to complete the project by June 30, 2007;

BE IT FURTHER RESOLVED the Board of Commissioners approves this request and grant a 61-Day extension to Mr. Theron Adams for a move in house located at 401 Cook Drive

 

Authorization to execute an extension on a commercial lease contract for off-site storage

          Mr. Doug Gilbert, Building Department Director, presented the agenda item to the Board.  The request is to renew a lease for off-site storage for files.  The request is to extend the lease for one (1) year.

          Commissioner Mathis stated space is being leased to store records when the County has allowed other Governments to use empty buildings that could have been used for records storage.  There is also the new Government Annex building; is there space in this building to store the Building Department records without leasing space at $600.00 monthly?

          Rob Magnaghi, County Manager, stated regarding this situation, part of the problem is that currently staff is going through an assessment to determine where availability of storage can be set aside without being in the way.  The concern is that a year from now, those records may have to be moved two (2) or three (3) times as internal construction is being done.  There are also court records and other records throughout the county that are in a number of different locations and the goal is to move the records where there is security, climate control area and a filing system.  This is an ongoing problem and regarding this one in particular, time would be better spent in maintaining the lease space rather than moving the records a couple more times this year.

          Mr. Magnaghi suggested tabling the item to the Tuesday, May 15, 2007 agenda to review available space for storage of records.

          Commissioner Stamey made the motion to table the item to the Tuesday, May 15, 2007 agenda; Commissioner Mathis seconded.  The motion carried unanimously.

 

PUBLIC WORKS DIVISION

Authorization to execute a landscape and sign easement agreement

          Terry McMickle, Public Works Division Director, presented the agenda item to the Board.  The request is for an easement to be granted to Crown Properties, LTD to place a sign and landscaping at the entrance of a subdivision off Brannon Road.  At the entrance of the subdivision, the County has an additional strip of right-of-way (outside of the 80’ of right-of-way, forty feet from the centerline each way).  The County has determined the value of this easement to be $15,049.00 and Crown Properties, LTD has agreed to pay that amount.  There are no plans for use of the right-of-way for public road purposes.  The Homeowners Association will maintain the landscaped easement.

          Commissioner Bowman asked if Brannan Road was ever widened in the future would this request be an issue.  Mr. McMickle stated there is a duration clause within the agreement that if the road was improved in the future the agreement would be terminated.  

          Commissioner Bowman stated the request is similar to the Eagle’s Landing sign issues in that there is a 100’ right-of-way and now it’s being determined who will be responsible for moving the sign.  If Crown Properties, LTD places a sign in the median and if the issue arises would they move the sign?  Mr. McMickle stated this request is a little different, because the subdivision sign will be placed in the right-of-way that Crown Properties, LTD final platted to the county and the replacement would be handled the same as any sign that is placed in the median of a subdivision entrance.  If in the future the road is widened, Mr. McMickle stated the county would probably have to relocate the sign.

          Chairman Harper called for public comments from anyone wishing to speak regarding this item; there was no response.

          Commissioner Stamey made the motion to approve the request; Commissioner Holder seconded.  The motion carried 4-1-0 with Commissioners Basler, Stamey, Holder and Bowman in favor and Commissioner Mathis voting in opposition.  (A copy of the resolution is on file in the County Clerk’s Office)

 

Bid for Waste Wood Grinding Services

Terry McMickle, Public Works Division Director, presented the agenda item to the Board.  Bids were solicited to grind all the clearing debris and other things that are accumulated over a period of time.  The grindings/mulch will be used on various county projects or declared surplus and made available to the general public or hauled (by HCDOT) to the recycle center for distribution to the general public.

Commissioner Mathis asked if staff had considered purchasing a grinder verses contracting the services when there is a need.  Mr. McMickle stated it was considered but the grinder is expensive and is considered a high maintenance item.  This service is only done maybe twice a year.  It would be more economical at the present time to bid the service.

Commissioner Holder made the motion to award the bid to A & C Recycling, Inc. in the amount of $14,200.00 and authorize the Chairman to execute all necessary documents; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, sealed bids (SB-07-46-032807-1) were solicited for on-site waste wood grinding services for the Department of Transportation; and,

          WHEREAS, three (3) vendors submitted bids for this project, as indicated on the attached bid tab; and,

          WHEREAS, funds are available in the Department of Transportation budget to complete this project; and,

          WHEREAS, A & C Recycling, Inc. has submitted the lowest and most responsive bid for this project; departmental personnel recommend award to A & C Recycling.

          NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-07-46-032807-1 to A & C Recycling, Inc. in the total amount of $14,200.00 for on-site waste wood grinding services; the grindings shall be left on-site for use by the various County departments or declared as surplus and made available to the general public and/or hauled (by DOT) to the recycle center for distribution to the public. The Chairman is hereby authorized to execute all appropriate documentation to accomplish this project.

 

SOCIAL SERVICES

Authorization to file an application for a grant for financial assistance for capital transportation improvements in the Transit System

          Angie Bailey, Social Services Division Director, presented the agenda item to the Board.  A couple of months ago the Board was made aware of 5307 Federal Transportation Funds that were available to Henry County.  Those funds would be used for improvements and enhancements to Henry County Transit.  By resolution the Board authorized staff to seek the funds and the project distribution list was approved that had to be submitted to the Atlanta Regional Commission (ARC).  There are a series of events required to seek the funds and to receive said funds.  The request is a requirement for filing the application with the Federal and Georgia Departments of Transportation. This is the first step in moving forward with the grant application.  The Federal Government (FDA) and the Georgia Department of Transportation allows the Board to designate an individual to work on the documents and file them.  Staff is requesting that the County Manager be authorized to submit the applications and where applicable David Williamson be authorized to submit information; this will expedite the process.   The County will be eligible for approximately one million dollars.

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

          WHEREAS, Henry County, Georgia is applying for a U.S. Department of Transportation Section 5307 Grant; and

          WHEREAS, the U.S. Department of Transportation and the Georgia Department of Transportation require an Authorizing Resolution; and

          WHEREAS, the grant will provide financial assistance for capital transportation improvements in the Henry County transit system; and

          WHEREAS, the attached U.S. Department of Transportation Resolution will authorize the filing and executing of the application

          NOW, THEREFORE BE IT RESOLVED, that the Henry County Board of Commissioners authorizes the Chairman to assign the County Manager and the Director of the Henry County Transit Department responsibilities where applicable, and further authorizes the County Manager to file and execute on behalf of the County all necessary documents needed in the application process for the Section 5307 Grant.

 

Grant for Elderly Persons and Persons with Disabilities

          David Williamson, Transit Director, presented the agenda item to the Board.  For the past eight (8) years, Henry County has participated in the DHR Coordinated Transportation System which provides transportation to vital services for senior adults, individuals of the government disability centers and health programs and also DFACS.  The 5310 application is part of the funding that is used by DHR to reimburse the county for services.  The request is for permission to file an application for 5310 funds.  There are no matching funds required.

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

WHEREAS, the Georgia Department of Human Resources has agreed to renew Department of Human Resources Coordinated Transportation Grant with Henry County Board of Commissioners (d.b.a., Henry County Transit); for Elderly Persons and Persons with Disabilities for the period of July 1, 2007 thru June 31, 2008;

 

       WHEREAS, Henry County Board of Commissioners can collect up to $358,000.00 in transportation fees;

 

       NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners, agrees to and accepts the Department of Human Resources Coordinated Transportation Grant and authorizes the Chairman to sign necessary contracts on behalf of Henry County.

 

Grant to provide Transit Capital Assistance for Rural Public Transportation

          David Williamson, Transit Director, presented the agenda item to the Board.  On October 16, 2006 the Board approved the application for the current year for the 5311 Rural Transportation Program.  Each year the county is eligible to replace buses that have exceeded or met their life expectance.  This year there are three buses that have either been in use for five years or have exceeded 100,000 miles and will be replaced.  

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

WHEREAS, the Georgia Department of Transportation has agreed to provide Transit Capital Assistance with, GRANT NUMBER – GA-18-9027, PROJECT NUMBER: MTG00-0139-00-117 for Henry County Board of Commissioners (d.b.a., Henry County Transit) for rural public transportation; for the period of January 1, 2007 thru December 31, 2007;

 

WHEREAS, Henry County Board of Commissioners can receive (3) three 12-21 passenger Goshen buses with wheelchair lift valued at $142,500.00;

 

WHEREAS, Henry County Board of Commissioners must provide a 10% local match of $7,125.00, which is regular budgeted funds

 

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners agrees to and accepts Part One (1) Transit Capital Improvement Assistance GRANT NUMBER – GA-18-9027, PROJECT NUMBER: MTG00-0139-00-117 and authorizes the Chairman to sign necessary contracts on behalf of Henry County.

 

 

Transit Operating Assistance Grant for Reimbursement of Costs for the Transit Department

          David Williamson, Transit Director, presented the agenda item to the Board.  The Board of Commissioners authorized an application for the present cycle on October 16, 2006.  Georgia Department of Transportation (GDOT) notified Henry County that we are eligible for reimbursement, not to exceed $167,635.00, in operating assistance for 2007.  Local support in the amount of $167,635.00 is the local match for the GDOT funds.  There was a 19% increase over last year due to the increase in services and the increased cost of fuel and maintenance.  

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

WHEREAS, the Georgia Department of Transportation has agreed to provide GRANT NUMBER: GA-18-9027, PROJECT NUMBER: MTG00-0139-00-069 for Transit Operating Assistance for Henry County Board of Commissioners (d.b.a., Henry County Transit) for rural public transportation; for the period of 6 months from January 1, 2007 thru June 30, 2007;

 

WHEREAS, Henry County Board of Commissioners can collect up to $167,635.00 in reimbursement costs;

 

WHEREAS, Henry County Board of Commissioners must provide a local match of $167,635.00, which are regular funds budgeted for the County’s share of normal operations;

 

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners agrees to and accepts GRANT NUMBER: GA-18-9027, PROJECT NUMBER: MTG00-0139-00-069 and authorizes the Chairman to sign necessary contracts on behalf of Henry County.

 

Bid for the purchase of Convection Gas Ovens for the Senior Services Center

          Susan Craig, Senior Services Director presented the agenda item to the Board.  Bids were solicited for two (2) double convection ovens.  Staff recommended the bid be awarded to the low bidder, Norvell Fixture and Equipment Co., in the amount of $14,200.00.  Currently the Senior Centers are cooking approximately 12,500 meals a month.

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

WHEREAS, sealed bids (SB-07-53-042607-2) were solicited for the purchase of Convection Gas Ovens for the Senior Services Department; and,

 

WHEREAS, five (5) vendors submitted bids for this purchase, as indicated on attached Schedule A; and,

                   

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

 

WHEREAS, Norvell Fixture and Equipment Co., Inc. was the lowest bidder that meets all departmental requirements and specifications for the purchase of Convection Gas Ovens

 

NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-07-53-042607-2 to Norvell Fixture and quipment Co., Inc. in the amount of $14,200 for the purchase of Convection Gas Ovens. The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

 

PLANNING & ZONING SERVICES

Greg Bennett, c/o Peter Walthour of Ellenwood, GA – MC-07-01

Greg Bennett, c/o Peter Walthour of Ellenwood, GA requests a modification to a zoning condition for property located at 2837 East Atlanta Road.  The property is located in Land Lot 198 of the 12th District, consisting of 1.99 +/- acres.  The request is to modify zoning conditions regarding acceleration taper/deceleration lane and sidewalks.  The Zoning Advisory Board recommended Approval on April 12, 2007.

Ray Gibson, Planning & Zoning Director, presented the agenda item to the Board.  Staff requested this item be moved to the last planning & zoning item due to the applicant being in route to the meeting.

 

E. R. Laabs, LLC of McDonough, GA – MC-07-02

E.R. Laabs, LLC of McDonough, GA requests a modification to a zoning condition for property located on the east side of Highway 155, northwest of Crumbley Road.  The property is located in Land Lots 6 and 7 of the 7th District, consisting of 8.22+/- acres.  The request is to modify a zoning condition regarding the detention facility.  The Zoning Advisory Board recommended Denial on April 12, 2007.

          Stacey Jordan, Chief Planner, presented the agenda item to the Board.  On October 2, 2006 when the zoning for the subject property was granted, the following condition was placed on the property:

9.          An underground detention shall be designed to serve the entire development.

The applicant’s request is for the condition to be modified to allow an above ground detention facility with adequate landscaping.

Chairman Harper asked why the applicant has requested to install an above ground detention facility as opposed to an underground.  Mr. Jordan stated Henry County Stormwater wrote a letter to the applicant stating it would be easier to inspect such a facility.  He further stated he was not sure of the applicant’s exact reasons for the modification.

Commissioner Holder stated underground detention facilities are nice and clean up some of the unsightly chain link fences and growth.  Commissioner Holder asked who is responsible for cleaning the underground facilities.

Mr. Michael Harris, Planning & Zoning Services Division Director, stated if it is private property, the maintenance would be the responsibility of the property owner.  This request is a private entity, and they would be responsible for maintaining their detention facility. The Stormwater Department will perform periodic inspections.  

Mr. Jim Luebbering, Building and Development Division Director, stated underground detention for single-family residential would be extremely rare.  Henry County maintains single family residential detention facilities but does not maintain any industrial, commercial or institutional ponds.  The letter from Stormwater referred to by staff, states staff does not object to underground facilities.  There was a request and Stormwater stated there is no objection to switching from underground to above ground.  One of the short comings of the underground facility is there is still the requirement for water quality, and very few of those facilities will have a pollution removal of 80%, and the cost is extremely expensive as compared to above ground facilities.  

Commissioner Holder stated the applicant probably requested an underground facility because you can utilize more of the property.  The downside is the cost to maintain the facility, and that is the reasons for wanting to make clear who is responsible for the maintenance and up keep because it is very costly.  

Rob Magnaghi, County Manager, stated for clarification, for commercial type properties the maintenance rest with the owner of the property not with the county.

 Mr. Luebbering, stated the property owner has to sign a maintenance agreement that has to be executed at the time of the pre-construction meeting.

Commissioner Stamey stated if this pond is not maintained, will the owner be fined by Code Enforcement.  Mr. Luebbering stated that was correct.

Commissioner Stamey asked staff if the owner did not responded to Code Enforcement and Henry County was forced to clean the pond through the Stormwater Department, could a fee be assessed to the landowner.  Mr. Luebbering stated there had been discussions regarding this issue, and yes it can be done; the Ordinance would allow that.  If a cost was incurred for the property owner meeting the Clean Water Act, then yes a cost can be recouped.

          Jason Laabs represented the applicant for the request for a modification to a zoning condition.  Mr. Laabs stated the reason for the initial plan for underground storage was to provide for more impervious area.  With an eight (8) acre site there was sufficient room for parking and also have above ground facility and that is the reason for the modification.  In addition to the above ground facility, the applicant is requesting two (2) conditions: 1) a request to be allowed to discharge onto the DOT right of way which would not change the water flow on the site; 2) there shall be a heavy vegetative buffer in accordance with the Georgia Stormwater Manual along the front and sides.  There is a request with the Georgia DOT for a right exit only out of the north end of the property along the side of the building.  

          The reason the detention facility will be located in the front corner of the property is that area is the natural low line for the facility.  

          Commissioner Mathis stated her concern is with having standing water in a detention pond and drawing mosquitos. Mr. Laabs stated their plans were to have a basically dry pond with a sand filter.

          Mr. Luebbering stated a meeting was held and the Stormwater Department put together a spreadsheet where a dry detention facility is installed with sand filter in the bed of the pond in order for it to be a flood control and water quality device that runs dry.  

          Commissioner Mathis asked if there should be a condition for that type of detention facility or would it be required.  Mr. Luebbering stated if that is the design they submit they would be required to do that.  

          Mr. Laabs stated the design will be submitted to Stormwater Management for approval.  

          Mr. Luebbering stated there are several alternatives for meeting flood control and water quality.  If the developer and engineer request a wet pond, staff has never requested that it be removed.  It is always the choice of the design engineer and the developer as to what device is installed.

          Chairman Harper asked what size detention pond would be required.  Ken, Civil Site Solutions, stated it may not require the entire area shown on the plan but he would rather go down than have to increase the site.

          Commissioner Mathis asked if a rain garden type facility that is heavily landscape be appropriate for this site.  Mr. Luebbering stated the applicant has that option, the only draw back of the bio retention is the depth and there is an additional cost.  The sand filter is the inexpensive way to go. Sod can be installed after the sand filter is in place.

          Chairman Harper called for public comments from anyone wishing to speak regarding this request.

          Vickie Cox, of Macon, Georgia spoke in favor of the request.  She is the owner of the proposed Ace Hardware.  She stated it is their intentions to make the site as beautiful as possible.  

          Commissioner Stamey made the motion to approve the request for a modification of a zoning condition concerning a detention pond to have a rain garden type facility that meet an 80% Total Suspended Solids (TSS) removal rate.

          Commissioner Stamey asked the applicant if he agreed with the motion; Mr. Laabs indicated he agreed.

          Commissioner Mathis seconded the motion.  

          Mr. Jordan asked, for clarification if the rain garden type facility would be added to condition #9.  Commissioner Stamey stated yes it would be added.  

          The motion carried unanimously approving the following modification to condition #9:

9.     An above ground detention facility shall be designed to serve the entire development.  It shall be landscaped to provide a visual screen/buffer.  No trees are to be planted in the immediate vicinity of any fill embankments.  A four foot (4’) berm shall be constructed to provide additional screening where necessary.  In order to direct runoff away from adjacent properties, the pond outfall should be positioned to direct runoff towards the Georgia Department of Transportation’s (GDOT) drainage ditch on State Route 155 upon approval by GDOT.  The above ground detention pond shall be a rain garden type facility that shall meet an 80% Total Suspended Solids (TSS) removal rate.

 

Greg Bennett, c/o Peter Walthour of Ellenwood, GA  MC-07-01

Greg Bennett, c/o Peter Walthour of Ellenwood, GA requests a modification to a zoning condition for property located at 2837 East Atlanta Road.  The property is located in Land Lot 198 of the 12th District, consisting of 1.99 +/- acres.  The request is to modify zoning conditions regarding acceleration taper/deceleration lane and sidewalks.  The Zoning Advisory Board recommended Approval on April 12, 2007.

Ray Gibson, Planning & Zoning Director, presented the agenda item to the Board.  The subject property was rezoned from C-2 (General Commercial) to C-3 (Heavy Commercial) on July 18, 2006 to allow a car wash and body shop.  Fifteen conditions were placed upon the property at that time.

The applicant’s request is to modify conditions #4 (A deceleration lane/acceleration taper shall be designed and constructed based on the widening of East Atlanta Road.  The back of the deceleration lane shall be thirty feet (30’) from the existing centerline of East Atlanta Road) & #12 (A sidewalk shall be installed along the road frontage of this property.) by removing them in their entirety. The Zoning Advisory Board recommended approval of removing condition #4 and amending condition #12 to read “The applicant shall deposit with Henry County an amount sufficient to construct sidewalks along the property frontage along East Atlanta Road according to the Henry County Department of Transportation requirements”.

Commissioner Holder asked if the amendment to condition #12 was a legal condition.  Patrick Jaugstetter, County Attorney, stated it is legal if the Board believes the condition is necessary to resolve some public harm created by the rezoning.

Commissioner Holder asked when the payment would be made to the Henry County.  Mr. Jaugstetter recommended it be required before any permits are issued.  Mr. Gibson stated all permits have been issued.  Mr. Jaugstetter stated it would be up to the Board to place a time frame on the condition.

Peter Walthour represented the applicant for the request.  Mr. Walthour stated the reason for the request for modification to the zoning conditions is the location of the utilities; the cost would almost triple to install the accel/decel lane.  The property was originally rezoned C-2 which allows many businesses that would have a higher traffic volume than the current business.  The C-3 zoning was requested so that the applicant could install a paint booth.

Chairman Harper called for public comments from anyone wishing to speak regarding the modification to a zoning condition.

David Denton, 1925 Fisher Drive, spoke in opposition to the request.  Mr. Denton would like for the there to be one entrance and the unsightly fence be removed.

Chairman Harper asked the applicant if he agreed with replacing the fence.  Mr. Walthour stated he would replace the fence and remove the second entrance.

Commissioner Stamey asked if there was a letter giving authorization from the property owner to allow the property to be conditioned.  Mr. Gibson stated there was a letter in the file from the property owner allowing Mr. Walthour to pursue the rezoning of the property.  

Commissioner Holder stated if the motion would be to grant the modifications, there should be a time limit (on condition #12) to make the necessary requirements to the amended condition.

Chairman Harper suggested modifying condition #4 to read “remove the existing signage and fence and replace with signage, fencing and landscaping as approved by staff”.  

The applicant stated he would be agreeable to the conditions.

Mr. McMickle suggested adding the removal of the second driveway as part of condition #4 which would read “remove the existing signage, fence and second driveway and replace with signage, fencing and landscaping as approved by staff”.  

Mr. Gibson stated the applicant would be agreeable to making the payment for the sidewalks within 90 days.  

Chairman Harper clarified to add to all the modified conditions “within 90 days”.

Chairman Harper clarified for the applicant the cost for the sidewalks; staff will provide the cost, and if the cost is unreasonable, an appeal of the decision can be filed with the Board.

Chairman Harper asked the applicant if he was agreeable to the modified conditions.  Mr. Walthour stated yes he agreed.

Commissioner Basler made the motion to approve the modifications as amended; Commissioner Bowman seconded.  The motion carried unanimously approving the following modifications to zoning conditions:

4.                           The existing signage, fence and second driveway shall be removed and replaced with signage, fencing and landscaping as approved by staff within 90 days of the approval.

12.                      The applicant shall deposit with Henry County an amount sufficient to construct sidewalks along the property frontage along East Atlanta Road according to the Henry County Department of Transportation requirements.  The deposit shall be made within 90 days of the approval.

 

PUBLIC SAFETY

Planning Funding Agreement for the 800 mhz radio re-banding

          Don Ash, Emergency Communications Director, presented the agenda item to the Board.  In October, 2006 the Board approved the agreement with TUSA Consulting to handle all aspects of the re-banding contract.  A cost analysis was submitted and has been reviewed by the legal staff and the request is for approval by the Board.

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

WHEREAS, the Henry County Emergency Communications Center provides

emergency communications for all public safety users; and

 

WHEREAS, The FCC adopted a plan to reconfigure the 800 MHZ band to prevent serious interference to public safety radio communications. The plan segregates frequencies used by public safety from those used by Nextel and cellular companies; and

 

WHEREAS, TUSA Consulting Services has prepared the Planning Funding Agreement, which has been approved by the Henry County Legal Department;    and,

 

WHEREAS, the Planning Funding Contract will allow TUSA Consulting to move forward and develop the implementation schedule for the rebanding project for Henry County;

NOW THEREFORE, the Henry County Board of Commissioners authorizes the Chairman to execute the Planning Funding Agreement Contract for the 800 MHZ rebanding.

 

DEPUTY COUNTY MANAGER

Bid to purchase materials, labor, tools, equipment and services to install athletic playing fields at Moseley Park

          Tim Coley, Parks and Recreation Director, presented the agenda item to the Board.  The scope of work for Moseley Park is to finish the athletic fields.  Staff recommended the bid be awarded to the lowest bidder, Athletic Construction, Inc.

          Commissioner Bowman made the motion to award the bid to Athletic Construction, Inc. in the amount of $374,489; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, a need exists to provide four athletic fields at J.P. Moseley Park; and

          WHEREAS, the vendor will provide final grade, soil amendments, sod, irrigation, maintenance of fields for sixty days after substantial completion of project; and

          WHEREAS, the Henry County Parks and Recreation Department budgeted funds to cover the expense; and

          WHEREAS, Athletic Construction, Inc., is the company that provided the lowest bid of $374,489 from four responsive bids as verified by the budget and procurement department during the bid process SB-07-52-041907-1; and

          WHEREAS, Athletic Construction, Inc., was recommended after a conference call involving Tim Coley, Roy Clack, Chip Brown and Tony Strickland to clarify the scope of work;

          NOW THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners, approve and authorize the Chairman to sign any and all documentation to accept the low bid from Athletic Construction Inc., in the amount of $374,489 to complete the purchase of materials, labor, tools, equipment, and services required to install athletic playing fields at J.P. Moseley Park.  All budget transfers and journal entries needed to account for this transaction are hereby approved by this resolution.  

          Commissioner Bowman reminded Mr. Coley that May 21st the soccer fields become the county’s and staff should be prepared to go to work on the fields so that they will be ready on August 1st.  

 

SPLOST/CAPITAL PROJECTS

Authorization of an easement be given to the Henry County Sewerage Authority

          Roy Clack, SPLOST/Capital Projects Director, presented the agenda item to the Board.  The request for an easement is from the Henry County Water and Sewerage Authority to cross property owned by Henry County at Moseley Park.  In discussions with the Water Authority, Mr. Clack asked if they would consider extending the line to provide a connection for irrigation for the future football fields and concession at the new football complex.  They agreed to install the lines.  

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

 

Appointments to the Stormwater Committee

          Chairman Harper deferred his appointment to the May 15th meeting.

          Commissioner Holder made the motion to reappoint Mr. Andrew Johnson; Commissioner Bowman seconded.  The motion carried unanimously.

          Commissioner Mathis made the motion to reappoint Mr. Gerald Walsh; Commissioner Stamey seconded.  The motion carried unanimously.

          Commissioner Stamey, Commissioner Bowman and Commissioner Basler deferred their appointments to the May 15th meeting.

 

Approval of the Minutes

          Commissioner Mathis made the motion to approve the April 26th and April 30th minutes; Commissioner Basler seconded.  The motion carried unanimously

 

County Manager Comments

          There were no comments.

 

County Attorney Comments

          There were no comments

 

Public Comments

          There were no comments

 

Upcoming Meetings

1.     Tuesday, May 15th @ 6:30 p.m., Regular BOC meeting

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

3.     Monday, June 18th @ 9:00 a.m. and Tuesday, June 19th @ 6:30 p.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 Stamey seconded.  The motion carried unanimously.

(Executive Session was held.)

 

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

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

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

                                                                      Jason T. Harper, Chairman

Shay Mathis, County Clerk


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