STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Called Public Meeting at 11:00 a.m. on Monday, July 9, 2007, 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

          Randy Stamey, District III Commissioner

          Reid A. Bowman, District IV Commissioner

          Johnny B. Basler, District V Commissioner

Those absent were:

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

 

Also attending were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Rob Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager; LaTonya Wiley, Deputy County Attorney; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant County Manager; Mike Bush Financial Services Director; Angie Bailey, Social Services 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 made the following changes to the agenda:

 

Ø     Removal of item C. Authorization to enter into an agreement for the provision of Guardian Ad Litem and Child Advocacy Services and adding an Intergovernmental Agreement with the City of McDonough for participation in courthouse lighting cost.

 

Commissioner Basler made the motion to approve the agenda; Commissioner Stamey seconded.  The motion carried unanimously.

 

 

COUNTY ATTORNEY COMMENTS

Resolution authorizing land acquisition

          The Henry County Development Authority will acquire property adjacent to the Administration Building.  The transaction is structured where the Development Authority will acquire the property and will finance the acquisition by the issuance of bonds.  The bonds are payable by revenues generated by the sale of the property and to the extent there are insufficient revenues the County services the debt; it’s the same as other bonds.  The resolution presented authorizes the Board to enter into an intergovernmental agreement with the Development Authority which states the Development Authority will acquire the property, the County will fund the shortfall in revenues and in exchange the County will have control of the property.  The Development Authority will turn the property over to an entity called the Henry County Office and Industrial Park Cooperation, which is a cooperation of which the Board of Commissioners is the Board of Directors and there is an agreement between the Board and the Industrial Park Cooperation to manage the property.  The resolution presented is to authorize two agreements; 1) an agreement between Henry County and the Henry County Development Authority; 2) an agreement with the Henry County Industrial Park Cooperation. 

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

License for Space agreement regarding the Henry County Police Department’s National Night Out Event

          Every year the Police Department participates in the National Night Out Event at Henry Towne Center.  The owner of Henry Towne Center requires a license agreement to be signed that allows the Police Department to set up equipment.  The agreement allows the department to operate the event.  There are no fees associated as long as there is adequate insurance.

          Commissioner Stamey made the motion to approve the license for space agreement; Commissioner Basler seconded.  The motion carried unanimously.

Intergovernmental Agreement with the City of McDonough for participation in courthouse lighting cost

          The historic courthouse is currently being renovated and the courthouse has always had exterior lighting to illuminate it.   Lights were never placed on the courthouse addition and were not a part of the renovation contract.  The City of McDonough would like to replace the exterior lighting on the courthouse and since it is not a part of the current contract it will have to be an amendment (add on).  The City of McDonough is willing to add the lights and would like for the county to participate in the expense.  The request is for approval of an Intergovernmental Agreement authorizing the City of McDonough to award a contract for exterior lighting for the courthouse.  The County will be responsible for less than 50% of the cost.

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

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

 

WHEREAS,         the Board of Commissioners has been advised about the opportunity to participate in a decorative lighting project at the Courthouse Square in conjunction with the City of McDonough; AND

 

WHEREAS,         the historic Henry County Courthouse is the visual focal point of the Courthouse Square; AND

 

WHEREAS,         the Board of Commissioners desires to include this historic focal point in the decorative lighting of the Courthouse Square.

 

          NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HENRY COUNTY that the Board hereby authorizes the Chairman to execute an intergovernmental agreement with the City of McDonough regarding the decorative lighting of the Henry County Courthouse and approves the associated fiscal participation.

 

COUNTY MANAGER COMMENTS

Ordinance amending the Code of Henry County, entitled “Regulation of Alcoholic Beverages”

          The ordinance amendment is to review and update the alcoholic beverages licensing provisions.  The Board has the discretion to set the alcoholic beverages licensing provisions.  Under this ordinance amendment, the licensing process would be addressed by the business license supervisor in the business license office.  Initial appeals would go to a license review panel, which is a three-member administrative panel appointed by the County Manager.  The Administrative Panel with consist of one member form the Public Safety Division, one member from Planning & Zoning Services and one member will be a general administrator within County Government.  Appeals from the license review panel, if needed, would then go to the Board of Commissioners. 

          Commissioner Holder suggested tabling this Ordinance amendment to a night meeting.

          Commissioner Stamey stated he would like for a sample of the signs advertising the application for alcoholic beverage licenses to be unique in design and shown to the Board. 

          Commissioner Bowman stated he would like for staff to make the ordinance and the distance requirement in line with other counties. 

          Patrick Jaugstetter, County Attorney, stated the proposed Ordinance amendment addressed the signage to an extent.  The previous signs advertised a public hearing before the Board.  The new signs will advertise the fact that an alcoholic beverage license has been applied for and it will provide the contact information for questions. 

          Commissioner Stamey made the motion to approve the Ordinance amendment and instructed staff to update the fee structure and modify the sign; Commissioner Holder seconded. 

          Commissioner Holder stated this Ordinance amendment will become effective immediately after adoption.

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

          The motion carried unanimously approving the following amended Ordinance:

WHEREAS, the Board of Commissioners as the county governing authority is vested with certain administrative authority under laws of the state of Georgia to issue privilege licenses for wholesale and retail alcoholic beverage sales, distribution, and service; AND

WHEREAS, the Board of Commissioners desires to exercise its lawful discretion vested under the laws of the state of Georgia to effect amendments to the privilege licensing process; AND

WHEREAS, the Board of Commissioners has considered these amendments in a public meeting of the governing authority.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HENRY COUNTY, GEORGIA, AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME, that Chapter 3-14, Article II, of the Code of Henry County, Georgia, adopted May 1, 1984, as amended, is hereby amended as follows:

1.       Section 3-14-49 entitled Application for Retail License is hereby deleted in its entirety and           the following is substituted in lieu thereof:

Sec. 3-14-49.  Application for Retail License.

(a)   Any person who wishes to obtain a retail license for the sale of alcoholic beverages shall file with the Business license supervisor a written application on a form provided by the County.  Each applicant shall pay an administration fee of Two Hundred Fifty Dollars ($250.00) and shall also tender with the application the license fee provided by this article.  Said application shall include the following information:

(1)   Full name, home address, social security number and birth date of the applicant and the applicant's manager or agent, if different from the applicant, and whether the applicant is an individual, partnership or corporation, provided that the manager of each location owned by a corporation must receive the license in his name if the principal owner of the corporation resides in another county; if the applicant is a partnership, the names and addresses of each partner must be shown; if the applicant is a manager of a corporation or owner of a corporation, the names, addresses and telephone numbers of each officer of the corporation must be shown.  If applicant is the owner, he must own at least a twenty-five (25) percent share of the business.

(2)   The location or address of the place of business at which the applicant will engage in business, if and when permission to do so is granted by the County and a license is issued.  The applicant shall include the plans for the building in which the business shall be operated, a plan of the property on which said building shall be situated and a parking diagram.

(3)   The names of all persons who have or will have an interest, monetary or otherwise, in the business which the licensee will operate under the license.

(4)   The results of a police check (i.e., local records, GCIC and FBI). 

(5)   The employment record of applicant and operator/manager.

(6)   Such other information as the Board of Commissioners may require from time to time.

(b)   As a prerequisite to the issuance of any such license, the applicant shall furnish a complete set of fingerprints which shall be forwarded to the Georgia Bureau of Investigation.

(c)   Each applicant shall make a sworn statement of his qualifications on the application form and place same on file with the business license supervisor before any license is issued. Any misrepresentation or concealment of fact in said application or sworn statement shall be grounds for revocation of license.

2.       Section 3-14-51 entitled Public Notice and Advertising of Application for Retail Licenses is hereby deleted in its entirety and the following is substituted in lieu thereof:

Sec. 3-14-51.  Public Notice and Advertising of Application for Retail Licenses.

(a)   A notice containing the information required in paragraph (c) of this section shall be published in the official legal organ of the County once a week for two (2) consecutive weeks immediately preceding the date upon which the Business license supervisor will act upon the application.

(b)   No retail license shall be granted unless the applicant places a sign in the establishment where alcoholic beverages are to be sold.  This sign shall remain on the premises for fifteen (15) consecutive days following the filing of the application.  The sign shall be visible from the street or thoroughfare on which the establishment where alcoholic beverages are to be sold is located. The sign shall contain the words "NOTICE: ALCOHOLIC BEVERAGE LICENSE APPLIED FOR."  The words shall appear in bold type and be clearly visible from the street or thoroughfare on which the establishment where alcoholic beverages are to be sold is located.  The day, month and year the license was applied for shall appear on said sign together with the following notation:  “Questions and concerns may be addressed to the Henry County Business License Supervisor, 140 Henry Parkway, McDonough, Georgia 30252, or by phone at 770-288-6000.”

(c)   No retail license shall be granted unless the applicant for a license places a notice of application in the official legal organ of publication in the county for two (2) consecutive weeks after application has been made, but prior to any action on said application. This notice shall state:

(1)   A license has been applied for;

(2)   The date of application;

                   (3)   The name of the person applying for the license;

(4)   The location of the establishment where alcoholic beverages shall be sold; and

(5)   The following notation:  “Questions and concerns may be addressed to the Henry County Business License Supervisor, 140 Henry Parkway, McDonough, Georgia 30252, or by phone at 770-288-6000.”

(d)   All costs for the sign, notice, and advertisement shall be borne by the applicant.

 

3.       Section 3-14-52 entitled Issuance of Retail Licenses is hereby deleted in its entirety and the following is substituted in lieu thereof:

Sec. 3-14-52.  Grant of Application.

(a)             All applications for alcoholic beverage licenses meeting the provisions of this article shall be granted by the business license supervisor, unless some specific cause set forth in this article justifies a refusal.

(b)             If the business license supervisor denies an application for a license, the applicant shall have the right to appeal such decision in accordance with the appeals provisions enumerated in Section 3-14-56.

4.       Section 3-14-53 entitled License Fees; Joint Issuance is hereby deleted in its entirety and           the following is substituted in lieu thereof:

Sec. 3-14-53.  License Fees; Joint Issuance.

(a)   The applicant for a retail license for the sale of malt beverages shall pay to Henry County, Georgia, at the time of the issuance of such license the sum of Seven Hundred Fifty Dollars ($750.00) as an annual license fee for the operation of one (1) year beginning on the first day of January.  Applicants for a retail license for wine shall be subject to the same regulation and the annual license fee shall be Three Hundred Seventy Five Dollars ($375.00).

(b)   Applicants for a retail license for the sale of distilled spirits for beverage purposes by the drink shall be subject to the same regulations, and the annual license fee shall be Five Thousand Dollars ($5,000.00), except as hereinafter provided for nonprofit organizations and special events.

(c)   Nonprofit organizations shall pay an annual license fee for the sale of distilled spirits of One Thousand Three Hundred Seventy-Five Dollars ($1,375.00).

(d)   Holders of special event permits shall pay the following license fees for each day of the event: Seventy Five Dollars ($75.00) for malt beverages; Fifty Dollars ($50.00) for wine; and One Hundred Twenty-Five Dollars ($125.00) for distilled spirits.

(e)   The license may be issued jointly in the name of the owner, lessee of the premises which shall operate the business and the manager in the event that the owner or lessee is from out-of-county.  The manager shall be jointly responsible for the operation of the business and shall be subject to any penalties for violation of the county's ordinances.

5.       Section 3-14-56 entitled Appeals is hereby deleted in its entirety and the following is substituted in lieu thereof:

Sec. 3-14-56.  Appeals.

(a)   All decisions approving, denying, suspending or revoking a license issued pursuant to this article or licenses shall be in writing, with the reasons therefore stated, and mailed or delivered to the applicant.

(b)   In case such application is denied by the business license supervisor, said denial shall be subject to initial appeal to the license review panel. There is hereby established a license review panel.

(1)                   The license review panel shall hear appeals from administrative decisions by the business license supervisor in regards to applications for alcoholic beverage licenses. An opportunity to present evidence and cross-examine opposing witnesses shall be afforded to appellants at this meeting.

(2)                   The license review panel shall have no jurisdiction to hear any appeal or to reverse, modify, or set aside any decision made by the board of commissioners.

(3)                   The license review panel shall be composed of three members appointed by the county manager based on their position within the county. Post 1 shall be a county employee of the Public Safety Division. Post 2 shall be a county employee of the Planning & Zoning Services Division. Post 3 shall be a county employee that serves as a general administrator within county government. Said appointees shall serve at the discretion of the county manager for an indefinite term.

The license review panel shall meet at such times as may be necessary. The license review panel shall select one of its members as chair. Minutes shall be taken of the meetings of the license review panel and said minutes shall be kept in the business license office.

(c)           The decision of the license review panel to affirm, reverse, or modify, a decision of the business license supervisor shall be final unless appealed to the board of commissioners within fifteen (15) business days of the date of decision by the license review board. An opportunity to present evidence and cross-examine opposing witnesses shall be afforded to appellants at this meeting. The Board of Commissioners shall, within fifteen (15) business days from the conclusion of the hearing, render a decision to affirm or deny the decision of the business license supervisor.

6.       Other than the specific sections of the Code of Henry County, Georgia referenced herein, the remaining sections contained within any article, chapter or section of the Code of Henry County shall remain unaltered by this ordinance.

7.       All ordinances, parts of ordinances or regulations in conflict herewith are hereby appealed.

8.       Should any section or provision of this ordinance, as amended, be declared invalid or unconstitutional by a court of competent jurisdiction, such declaration shall not affect the validity of the ordinance as a whole or any part thereof that is not specifically declared to be invalid or unconstitutional.

9.       It is the intention of the board of commissioners and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of Henry County and any sections of such ordinance or Code of Ordinances may be renumbered to accomplish such intention.

10.     Any pending application for an alcoholic beverage license shall be subject to the above stated requirements and above stated application review process herein, subject to any future amendments by the board of commissioners.

 11.    This ordinance shall take effect immediately upon adoption, the public welfare demanding it.

PUBLIC COMMENTS

          There were no comments.

UPCOMING MEETINGS

1.     Monday, July 16th @ 9:00 a.m. and Tuesday, July 17th @ 6:30 p.m., Regular BOC meetings.

2.     Thursday, July 26th @ 6:30 p.m. a meeting with the Board of Education at the Henry County Administration Building

3.     Monday, August 6th @ 9:00 a.m. and Tuesday, August 7th @ 9:00 a.m., Regular BOC meetings

EXECUTIVE SESSION

          There was not an executive session.

ADJOURNMENT

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

 

                                                                                      Jason T. Harper, Chairman

 

Shay Mathis, County Clerk