STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Regular Public Meeting at 9:00 a.m. on Monday, August 3, 2009, 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:

 

                        Elizabeth “BJ” Mathis, Chairman,

Warren E. Holder, District I Commissioner

Rick Jeffares, District II Commissioner

            Randy Stamey, District III Commissioner

Johnny B. Basler, District V Commissioner

Not Present was:

Reid A. Bowman, Vice-Chairman, District IV Commissioner

Also attending were Shay Mathis, County Clerk; LaTonya Nix-Wiley, County Attorney; Phyllis Shrader, Interim County Manager; Michael Sabine, Assistant County Manager;  Mike Bush, Finance Director; Angie Bailey, Social Services Division Director; Terry McMickle, Public Works Division Director; Michael Harris, Planning & Zoning Services Division Director; Jim Luebbering, Building and Development 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 Mathis called the meeting to order and called for an acceptance of the agenda.  Commissioner Jeffares amended the agenda by tabling the following item and made the motion to approve the agenda with the amendment; Commissioner Stamey seconded.  The motion carried 4-0-0.

Marketplace Storefronts, LLC request an appeal (AP-09-01) of a denial for mass grading on property located at 2180 Jodeco Road (Presenter:  Chris Mercer, Assistant DPR Director)(Exhibit #5)

Presentation

            A letter was received in reference to the Life Management Solutions Department announcing that Henry County was awarded a 2009 NACO Achievement Award.  In the 40th year of the achievement award program NACO was extremely pleased with the high caliber of county programs and projects and recognized the hard work to promote quality, efficient, and responsive management and administration.  The award was presented to Henry County for its program Life Management Solutions in recognition of an effective and innovative program which contributes to and enhances our county government in the United States. 

            Chairman Mathis stated this was a prestigious honor, out of 50 States and many Counties to have a program in Henry County recognized.  This department has made a difference to many families in the county.

            The Board presented the 2009 NACO Achievement Award to the Life Management Solutions Department.

Aging Subcontract with the Atlanta Regional Commission for the American Recovery and Reinvestment Act Funds

            Susan Craig, Senior Services Director presented the agenda item to the Board.  The request is to authorize acceptance of $38,122 in Federal Recovery Funds.  The funds will be used for home delivered meals and congregate meals (meals served in the Senior Centers).

            Commissioner Stamey made the motion to authorize the Chairman to execute the subgrant contract with ARC for the funds; Commissioner Jeffares seconded.  The motion carried 4-0-0 approving the following resolution:

            WHEREAS, the Senior Services Department is the local Agency on Aging; and

            WHEREAS, Henry County Senior Services desires to accept the Atlanta Regional Commissioner (ARC) subcontract to receive ARRA funds in the amount of $38,122 to provide community based services to the older adults of Henry County; and

            WHEREAS, Senior Services seeks approval by the Board of Commissioners of the Aging Subgrant Contract between the Atlanta Regional Commission and the Henry County Board of Commissioners.

            THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners approves said Contract and authorizes the Chairman to execute same on behalf of the Board for the benefit of the Senior Citizens of Henry County.

Authorization to accept the Project Safe Neighborhood Grant

            Major Danny Butler, Police Department presented the agenda item to the Board.  The request is for authorization to accept the Project Safe Neighborhood Grant in the amount of $65,136.00.  The grant does not require any matching funds.  The grant was written for the purpose of purchasing equipment needed to enhance surveillance that will assist with the investigations throughout the department.

            Commissioner Holder made the motion to authorize acceptance of the Project Safe Neighborhood Grant; Commissioner Basler seconded.  The motion carried 4-0-0 approving the following resolution:

            WHEREAS, Henry County Police Department Criminal Apprehension and Gang Enforcement (CAGE) Unit gathers intelligence through a variety of methods; and

            WHEREAS, Project Safe Neighborhood has awarded Henry County Police Department with funds totaling $65,136.00 for the purchase of surveillance equipment; and

            WHEREAS, the equipment will enhance surveillance that will assist with the investigation of criminal activities and supply the tools for producing solid cases prepared for prosecution;

            NOW, THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners accepts grant funds in the amount of $65,136.00 from Project Safe Neighborhood.

Acceptance of the Edward Byrne Memorial Justice Assistance Grant

            Major Danny Butler, Police Department presented the agenda item to the Board.  The resolution is presented for the purpose of requesting acceptance of the Edward Byrne JAG grant in the amount of $95,993.00.  The grant does not require any matching funds.  The funds will be used to enhance the management of the Field Training Officers (FTO) Program, purchase a technologically advanced firearms simulator, purchase equipment to enable defensive tactics to be taught in-house, and facilitate additional in-house and specialized training.

            Commissioner Stamey made the motion to accept the Edward Byrne Memorial Justice Assistance Grant; Commissioner Basler seconded.  The motion carried 4-0-0 approving the following resolution:

            WHEREAS, Edward Byrne Memorial Justice Assistance Grant has awarded Henry County Police Department with $95,993.00 for the enhancement of the Training Division; and

            WHEREAS, the funds will be used to increase the scope of training by enhancing the management of the Field Training Officers (FTO) Program and actively promote student learning retention by purchasing an advance firearms simulator; and

            WHEREAS, funds will be used to purchase equipment to enable defensive tactics to be taught in-house and facilitate additional in-house and specialized training; and

            WHEREAS, the acceptance of these funds will be a cost savings to the taxpayers by reducing the funds needed to train officers off-site.

            NOW, THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners accepts $95,993.00 from the Edward Byrne Memorial Justice Assistance Grant.

Approval of an agreement with the Circuit Public Defender Office

            Mike Bush, Finance Director presented the agenda item to the Board.  This agreement is between the Georgia Indigent Defense Services Counsel and Henry County.  The agreement sets the guidelines for how the Public Defender’s Office will operate.  The agreement is for twelve (12) months beginning July 1, 2009 and ending June 30, 2010.  This is the fourth year for this program and there are no changes to the agreement.

            Commissioner Holder made the motion to enter into an agreement between the Circuit Public Defender’s Office of the Flint Judicial Circuit and the Governing Authority of Henry County; Commissioner Jeffares seconded.  The motion carried 4-0-0 approving the following resolution:

            WHEREAS, the Public Defender Office and the County enter into this agreement to implement the provisions of the Georgia Indigent Defense Act of 2003, as amended; and

            WHEREAS, the County is a body politic, existing and operating under the laws and Constitution of the State of Georgia with full power to enter into contracts and agreements with other political entities; and

            WHEREAS, the Public Defender Office is existing under the laws of the State of Georgia and operating under the laws and Constitution of the State of Georgia with full power to enter into contracts and agreements with other entities; and

            WHEREAS, the Public Defender Office agrees to provide and the County agrees to pay for the service and personnel which includes a 6% administrative service fee; and

            WHEREAS, the term of this agreement is 12 months beginning July 1, 2009 ending June 30, 2010.

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners hereby authorize the Chairman to sign all necessary documents to execute this agreement for Fiscal Year 2009/2010.  All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

RACO General Contractors, Inc. of Atlanta, GA – RZ-09-08

            Ray Gibson, Planning and Zoning Director presented the agenda item to the Board.  RACO General Contractors, Inc. of Atlanta, GA – RZ-09-08 is requesting to rezone from M-1 (Light Manufacturing) to C-2 (General Commercial) property located on the west side of Highway 155 South directly across from Greenwood Industrial Parkway in Land Lot 254 of the 7th District.  The request is for a retail/commercial development.  The property is located in Commission District 2.  The applicant intends to develop the 8.0 +/- acres on the west side of Highway 155 South, across the highway from the Greenwood Industrial Park as a commercial/retail development.  The conceptual site plan that was submitted as part of the request illustrates three proposed buildings with a total square footage of approximately 40,000 square feet in addition to two proposed access location off of State Route 155.  The M-1 (Light Manufacturing) property located to the west of the subject property, which is also owned by the applicant, will be accessed through the 8.0 +/- acres that is proposed for rezoning.  The subject property is also located within the limited development area of the Indian Creek Watershed Protection District and will meet all the requirements of the current Planning Code as well as the Unified Land Development Code.  The current and proposed Future Land Use Development Maps designates the subject property for commercial and service uses.  The Zoning Advisory Board recommended approval with ten (10) conditions of zoning.

            Commissioner Holder asked if there were any request for a modification from the applicant regarding the rezoning.  Mr. Gibson stated there were no modification requests.

            Andy Welch, Attorney represented the applicant.  Mr. Welch stated the basic outline was presented by Mr. Gibson.  Staff recommended approval of the C-2 (General Commercial) request with ten (10) conditions.  The Zoning Advisory Board also recommended approval.  One additional condition for a 30’ buffer along the southern property boundary was added by the Zoning Advisory Board.  The applicant would like the option to landscape the buffer if needed.  The applicant would like the opportunity to replant the 30’ buffer with something that may be more appealing.  Allow the buffer to be disturbed with for landscaping purposes as long as that landscaping plan met with the requirements of the ULDC. 

            Commissioner Jeffares ask if condition #8 could be amended to read if the County received funding for the traffic light within the next twenty four (24) months, the owner will donate right of way.  Mr. Welch stated yes the applicant would be willing to do that.  Mr. Welch suggested the condition could read, “Should the county secure permitting from the State for intersection improvement including a traffic signal the applicant/owner shall donate the requisite preservation area as stated in condition #8.  LaTonya Wiley, County Attorney suggested instead of shall, the applicant agrees to donate.

            Commissioner Jeffares stated regarding condition #3 regarding the undisturbed buffer; he did not have a problem with changing the undisturbed buffer if the applicant sees the need to clean the area and replace the buffer as long as the landscape plan is approved by staff.

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

            Chairman Mathis called for public comments from anyone wishing to speak in favor of the rezoning request; there was no response.

            Commissioner Jeffares made the motion to approve the rezoning with the ten (10) conditions including the modifications to conditions numbered 3 and 8; Commissioner Holder seconded. The motion carried 4-0-0 approving the following:

 

Support of the relocation of the Board of Elections and Registration Office

            Janet Shellnut, Director of Elections presented the agenda item to the Board.  After recently submitting legislation to the Department of Justice, it is staff’s desire to be pro-active and submit a resolution from the Board in support of the relocation of the Elections Office in order to obtain preclearance from the Department of Justice

            Chairman Mathis stated for information purposes that Georgia is one of eight States that has to report to the Justice Department for anything. 

            Commissioner Basler made the motion to approve the resolution; Commissioner Jeffares seconded.  The motion carried 4-0-0 approving the following resolution:

WHEREAS, the Henry County Board of Commissioners supports and adopts the relocation of the Henry County Board of Elections and Registration Office from 66 Veterans Drive, McDonough, Georgia, to 345 Phillips Drive, McDonough, Georgia; and

 

            WHEREAS, the Board of Elections and Registration will seek the U. S. Department of Justice approval to relocate from 66 Veterans Drive to 345 Phillips Drive, McDonough, Georgia; and

 

            WHEREAS, all voters will be notified by voter precinct cards, through newspaper publication and via the County website of the office address change within the time of the relocation which is scheduled to occur by September 1, 2009; and

 

            WHEREAS, the State Reappointment Office and the Secretary of State’s Office will be notified with the office relocation with corresponding maps providing visual change of address; and

 

            WHEREAS, the Board of Elections and Registration currently works out of three buildings and the relocation will provide one building housing staff administration, voting area, and equipment storage in a single location; and

 

            WHEREAS, the new location is located 1.7 miles from the current office and still within the County seat, which is the City of McDonough, and the parking capabilities will be increased by at least 50 percent;

 

            NOW THEREFORE, BE IT RESOLVED, that the Board of Commissioners of Henry County, Georgia, does hereby support and adopt this Resolution to relocate the office of the Board of Elections and Registration of Henry County to 345 Phillips Drive, McDonough, Georgia.

Approval of minutes

            Commissioner Stamey made the motion to approve the July 6th minutes; Commissioner Jeffares seconded.  The motion carried 4-0-0.

County Manager Comments

            There were no comments.

County Attorney Comments

            There were no comments.

Public Comments

            There were no comments.

Upcoming Meetings

1.      Tomorrow, August 4th at 9:00 a.m. a Regular Board Meeting

Commissioner Stamey made the motion to cancel the August 4th meeting; Commissioner Jeffares seconded.  The motion carried 4-0-0

2.      Monday, August 10th at 10:30 a.m. a Called Meeting

3.      Monday, August 17th at 9:00 a.m. and Tuesday, August 18th at 6:30 p.m. are Regular Board Meetings.

4.      Monday, August 31st at 9:00 a.m. and Tuesday, September 1st at 9:00 a.m. are Regular Board Meetings

Executive Session

Commissioner Stamey made the motion to adjourn into Executive Session in accordance with the provisions of O.C.G.A. 50-14-3, and other applicable laws, and pursuant to advice by LaTonya Wiley, the County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters; Commissioner Jeffares seconded.  The motion carried 4-0-0.

(Executive Session was held.)

Commissioner Stamey made the motion to reconvene into Public Session; Commissioner Basler seconded.  The motion carried 4-0-0.

Commissioner Holder made the motion to approve the affidavit and resolution pertaining to executive session; Commissioner Stamey seconded.  The motion carried 4-0-0.

Commissioner Stamey made the motion to adjourn; Commissioner Jeffares seconded.  The motion carried 4-0-0.

 

                                                                        Elizabeth “BJ” Mathis, Chairman

 

Shay Mathis, County Clerk