STATE OF GEORGIA

 

 

COUNTY OF HENRY

 

 

 

The Henry County Board of Commissioners held a regularly scheduled Public Meeting at 9:00 a.m. on Monday, August 14, 2006, in Conference Room “B,” 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, presiding

            Gerry Adams, Vice-Chairman, District IV Commissioner

            Warren E. Holder, District I Commissioner

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

            Randy Stamey, District III Commissioner

            Lee Holman, District IV Commissioner

 

Also attending were Rob Magnaghi, County Manager; Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; LaTonya Wiley, Deputy County Attorney; Peggy L. Malcolm, Deputy County Clerk; Janine Robertson, Deputy County Clerk; Michael Harris, Planning and Development Division Director; Terry McMickle, Public Works Division Director; Angie Bailey, Interim Administration Division Director; Michael Sabine, Assistant to the County Manager; Steve Schafer, Development Plan Review Director; Doug Gilbert, Building Department Director; Julie Hoover-Ernst, Communications Director; Chief Barry Jenkins, Fire Department; Chief Russ Abernathy, Police Department; Ray Gibson, Planning and Zoning Director; Angie Sorrow, Budget & Procurement Director; Susan B. Craig, Interim Senior Services Director; Mike Bush, Financial Services Director; Roy Clack, SPLOST/Capital Projects Director; and others.

 

(NOTE: An 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 asked for an Acceptance of the Agenda.  Commissioner Holman made the motion to approve the Agenda; Commissioner Mathis seconded.  The motion carried unanimously.

 

 

 

RECOGNITION OF SEVEN HENRY COUNTY POLICE OFFICERS FOR THEIR EFFORTS DURING A FIRE AT THE ASHLEY WOODS APARTMENTS OFF ROCK QUARRY ROAD, STOCKBRIDGE, GEORGIA.

 

Chairman Harper recognized Chief Russ Abernathy of the Henry County Police Department and Chief Barry Jenkins of the Henry County Fire Department.

 

Chief Jenkins said, “on February 18, 2006, Henry County Police, Sheriff, and Fire Departments responded to a structure fire at Ashley Woods Apartments in the early morning hours.  One apartment was heavily involved in flames with people trapped and jumping from the upper levels of the balconies.  The PD Officers and the SO Deputies arrived prior to the fire units and did what I call ‘went beyond the call of duty.’ They had to catch some of the residents who were jumping from the balconies and evacuated the rest of the apartment building. When the fire units arrived, everyone was out of the building, and help was given to those who were seriously injured from jumping from the balconies.”

 

Chief Abernathy recognized Sgt. Gray and other officers and said they quickly took control of the scene and responded to the tragedy by assisting residents from balconies and making forced entries into numerous apartments to rescue residents and attending to the injured.  He stated upon the arrival of the Fire Department, the officers remained on the scene to provide security and traffic control for the remainder of the response.  “In recognition of your selflessness and heroic actions, the Henry County Police Department is honored to present you with this life-saving medal award on this 14th day of August, 2006.  Congratulations.”

 

Chief Abernathy recognized each Officer individually, as they came forward to receive their award:

                        Officer Hamlin

                        Officer Marlowe (not present)

                        Officer Johnny Mathis

                        Officer Holisky

                        Officer Rommelman

                        Deputy Sheriff Lauderback

                        Officer Edwards (not present)

                        Officer Fincher (not present)

                        Sgt. Amermann (not present)

 

Chief Abernathy also recognized Mr. Nathaniel Roberson.  “On June 1, 2006, Mr. Roberson drove by the scene of an officer (Officer Harrington) on a traffic pullover and noticed the officer and suspect were in a scuffle on the pavement. You stopped your vehicle to assist the officer, when you noticed the suspect attempting to upholster the officer’s duty weapon.  Your quick action in pinning the suspect’s arms down until backup help arrived may have saved this officer’s life.  You made a conscience decision to risk your safety and welfare in an effort to help your fellowman and Law Enforcement Officer.  Your selfless heroic act is recognized and appreciated; consequently, it is our honor to present you with the Henry County Police Department’s ‘Chief Citizen Award’ on this 14th day of August, 2006.”

 

Chairman Harper said on behalf of the Board, he wanted to thank each of the officers, as well as the citizen, who have given so much to protect this community.

 

 

AN UPDATE TO THE “ONE HENRY” COMPREHENSIVE PLAN.

 

Mr. Ray Gibson, Planning and Zoning Director, said in August, 2005, the process began of updating the Joint Comprehensive Development Plan with the Cites of Hampton, Locust Grove, Stockbridge, and McDonough.  He said the Comp Plan is comprised of three (3) phases; the community participation program element, the community assessment, and the community agenda.  Mr. Gibson said today, Mr. Gary Cornell, from Jordan, Jones, & Goulding is here to update the Board on the process.

 

Mr. Gary Cornell stated they are working on the third step, which is the community agenda part of the plan.  He said the big picture is to create an integrated vision that is working in two directions at once; “we want to integrate the vision and the planned preparation and implementation stage of the Henry County plan with those of the four (4) Cities, and that is a big undertaking.  The other side of it is to take this same Comprehensive Plan and mesh it together with the Comprehensive Transportation Plan.  This is a daunting task, but it is going very well.  At this point, we are working towards this final adoption in the spring of 2007 of a new Comprehensive Plan, which will take the place of your current adopted Comprehensive Plan and Future Land Use Map, and bring things up to date and give you a horizon that looks 20 years out into the future.  We have completed the community assessment and the community participation program, and we have completed a round of preliminary workshops about visioning the big ideas behind the future of Henry County and the shared agendas with the Cities.  In the second round of workshops, we took that vision and shaped it in a hybrid scenario that will give citizens an idea of what the future might be, using some of their own ideas, feeding it back to them with more information and opportunity for them to get involved in the planning process, and helping us to focus on where they live and what the issues are that are important to them.”

 

“In September, we will be taking another round of planning exercises at an Open House, showing the community the first draft of the Future Land Use Map and the ideas behind the Comprehensive Plan that we are recommending.  This will go forward to a series of Public Hearings by the Board, as well as the City Councils.  In January, this will go to the Atlanta Regional Commission and Georgia Department of Community Affairs for their review, and then they will send it back to us, where we will be ready for adoption in spring of 2007.”

 

“We have met with the Council on Quality Growth in April, and we have worked more closely with the Comprehensive Transportation Plan (CTP) and their consultants, Parsons & Brinckerhoff, and in May and June, we set up the visioning idea together, and we accelerated the schedule, because they needed the inputs of the land use side in order to do their transportation analysis.  We set up five (5) different scenarios, evaluated them, received public input, and worked it down to one basic hybrid scenario that best explains where the future directions of Henry County and its Cities will go.  We have received comments from the Department of Community Affairs and ARC on the community assessment and community participation program, and these things have moved forward. I think the public understands and agrees that new options for Henry County are not only possible but necessary in order to accommodate continued growth, economic prosperity, and keep up with the changing times in real estate.  People want to have a sense of planning, and they want to guide the growth and set up a template, that will help growth go to the places where we can provide more fully for the quality of life, better transportation, more convenient access, and mobility.”

 

“We will be presenting this information to the Steering Committee and the Cities to get it homed down to the Future Land Use Map level, and get the Cities to understand the ways it will help them and get those ideas articulated into the Joint Plan.  On August 7, there was a Steering Committee Meeting to go over this hybrid scenario, and we planned another meeting this week to work on it more closely to coordinate with the Comprehensive Transportation Plan, as well as the Cities, and working with the Technical Committee to figure out how the map is going to work in the Future Land Use phase. We want the Cities to be fully behind this plan and represent the key ingredients to their comprehensive planning in the future, because we want to work together not only on the vision, but to shape the policies, the implementation strategies, the financing, and the action plan that will get this plan accomplished.”

 

Chairman Harper thanked Mr. Cornell for making the presentation giving an update to the Board.

 

 

ADMINISTRATION DIVISION:

 

Request Approval of the Aging Subgrant Contract with the Atlanta Regional Commission for Fiscal Year 2006-2007.

 

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

 

            WHEREAS, Henry County Senior Services desires to accept the Atlanta Regional Commission (ARC) FY 06-07 contract 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, that 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.

 

 

Ms. Susan B. Craig, Interim Senior Services Director, said this is the annual ARC grant, and the total amount is $518,145.00, which requires a local match of $68,681.00.  She said it is budgeted in the 2006-2007 budget, and Ms. Craig asked for the Chairman’s authorization to execute the agreement. 

 

Commissioner Holder made the motion to approve the request; Commissioner Adams seconded.  The motion carried unanimously.

 

 

Request Approval of a Contract for Health & Wellness Services.

 

            WHEREAS, sealed bids were solicited for the purchase of Health & Wellness Services on a renewable contract basis; and

 

            WHEREAS, three (3) vendors submitted bids for this purchase, as indicated; and

 

            WHEREAS, funds are available in the budget of the Senior Service Department; and

 

            WHEREAS, S.S. & Company’s bid is overall low bid and meets specifications.

 

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the contract for Health & Wellness Services as Unit/Price; service rates will remain firm for the contract period.  The Chairman is authorized to sign all necessary documents to accomplish this purchase.

 

 

Ms. Angie Bailey, Interim Administration Division Director, stated this is a contract the County is trying to award for the Health and Wellness Program that is provided to the seniors at both Centers.  Ms. Bailey stated the Senior Service Centers would like to continue offering exercise classes, such as aerobics, power walking, and yoga. She said S.S. & Company has provided some classes in the past, and she would like to get this on a contract basis. Funding for these services is allocated within the requesting department’s budget.

 

Commissioner Holder asked for the annual cost of the program.

 

Ms. Bailey referenced the bid sheet, and said the $540.00 is a weekly cost based on 12 hours of exercise classes and facilitator.

 

Mr. Rob Magnaghi, County Manager, stated, “this is less than what we have been paying in the past to have a person do the coordination and still contracting some of it out; under this program, it would be less than what we did last year.”

 

Commissioner Holder made the motion to approve the request; Commissioner Stamey seconded.  The motion carried unanimously.

 

 

Request Approval of the DHR Coordinated Transportation Grant for Elderly Person and Persons with Disabilities for Fiscal Year 2007.

 

         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, 2006 thru June 31, 2007; and

 

         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 Georgia Department of Human Resources Coordinated Transportation Grant For Elderly Persons and Persons With Disabilities and authorizes the Chairman to sign all necessary documents.

 

 

Mr. David Williamson, Transit Director, said this contract is used to reimburse the County for providing transportation for the seniors and the elderly/disabled citizens of Henry County.  He said the County has been in this program for the last seven (7) years, and there are no matching funds.

 

Commissioner Adams made the motion to approve the request; Commissioner Stamey seconded.  The motion carried unanimously.

 

 

PLANNING AND DEVELOPMENT DIVISION:

 

Request Approval of a New Streetlight District.

 

WHEREAS, the owners of the following subdivisions have applied for the creation of streetlight districts:

 

 

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

 

WHEREAS, the Development Plan Review Staff for Henry County has reviewed the requests and submitted reports that are part of the public record; and

 

WHEREAS, the Development Plan Review Staff have reviewed and recommended approval of the requests.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Henry County approves the requests for new streetlight districts.

 

 

Commissioner Adams made the motion to approve the request; Commissioner Stamey seconded.  The motion carried unanimously.

 

 

Appeal to a Decision to Deny a Variance Request by the Zoning Advisory Board – Jim Joyner – VR-06-15 – District IV.

 

WHEREAS, Jimmy Joyner, Joyner Enterprises, Inc. of Stockbridge, GA, applied for a variance (VR-06-15) from Sections 3-7-152, C-1: Neighborhood Commercial District, to reduce the minimum front yard setback from 50 feet to 12.4 feet on Wilson Road, and from Section 3-7-192(c)(2), Buffer Are to eliminate the 30 foot buffer requirement for commercial zoned property abutting multiple-family zoned property, for property located on Highway 42, west of Wilson Road (Parcel ID #(s) 068D-03-012-000 and 068D-03-020-000), in Land Lot 33 of the 12th District, consisting of 5.04+/- acres; and

 

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

 

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

 

WHEREAS, the Henry County Zoning Advisory Board reviewed and denied the variance requests lots on July 13, 2006.

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners upholds the denial of the Zoning Advisory Board; or

 

NOW THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners overturns the denial and approves the aforementioned applicant’s variance requests.

 

Mr. Gibson stated the variance the applicant is seeking relates to a lot located on Highway 42 N. that is a through lot going to Wilson Road.  He said the applicant is asking to reduce the fifty (50’) foot front setback, install a ten (10’) foot landscaped strip, and have a no-access easement to Wilson Road.  In addition, he said this portion of the property is adjacent to commercial, which does not require a buffer; however, this portion of the property (the southern property line) is located adjacent to RA residential, which requires a thirty (30’) foot buffer.  Mr. Gibson said what the applicant is requesting is to reduce that to a ten (10’) foot landscaped strip with vegetation.  Additionally, Mr. Gibson stated the applicant is requesting to install a six (6’) foot privacy fence along the locations of Wilson Road and that portion of the southern property line.

 

Commissioner Adams said the land is heavily vegetated, and it is causing some problems with youths congregating in the woods.  Commissioner Adams added the residents around the property area did not have any problem with the request.

 

Chairman Harper asked for public comment in opposition to this request; there was no response.

 

Commissioner Mathis said she received an e-mail from a resident who lives directly behind the subject property who is in opposition to this request. She stated a situation in her District is similar where a commercial area abuts residential, and there are on-going problems with the lighting issue.  She said lights shine into the windows of the residents, and the people cannot sleep, because the lights are so bright.  She asked the Board to be mindful of this situation.

 

Commissioner Stamey asked if the same thing could be accomplished by simply reducing the size of the buildings. 

 

Mr. Gibson agreed; he said it could work if the variances were not requested, but the buildings would be smaller.  He said the impact would be greater on the landowner and developer.    

 

Chairman Harper stated the lighting needed to be downcast on that side of the building.  Mr. Gibson said staff could work with the applicant to insure the lighting issue would be taken into consideration. 

 

Mr. Brent Moye, representing the applicant, said they would agree to downcast lighting and to be approved by the Development Review staff.  He said he had a letter from the adjacent property-owner, and the applicant has agreed to install an eight (8’) foot privacy fence with landscaping along the property-owner’s property line. Mr. Moye said they have also received a letter from a property-owner, Mr. Chamblee, requesting a fence, and Mr. Chamblee does not have an issue with the requested reduction and setback along that property line.  He stated in the Future Land Use Plan, everything from the Dollar General to Wilson Road south is shown as commercial or future commercial.  He said if they develop the property without the variance, landscaped strip, and the privacy fence, what they are required to install along Wilson Road would be the setback and a ten (10’) foot landscaped strip, and the requirement for the ten (10’) foot landscaped strip is one (1) tree every twenty (20’) feet.  He said the lot is vegetated, but it is clear-cut; therefore, all the vegetation is undergrowth.  He said in his professional opinion, they should install a fence and some landscaping, which would give the residents along Wilson Road a buffer to this development.  Mr. Moye said they are agreeing to a no-access easement, where they could never access Wilson Road. 

 

Commissioner Stamey asked where the detention pond would be located.

 

Mr. Moye said the detention pond is presently located on Highway 42; he said it has a ten (10’) foot landscaped strip, which is required in front of it. 

 

Commissioner Holman asked if the Board could hear from the adjoining neighbors.

 

Mr. Epifanio Merancio, who lives at 168 Wilson Road, said there is a creek beside the property (next to the Dollar General), and he had concern, because when it rains a lot, water goes through there.  He did not have any problem with the fence, and he stated his property was up on a hill and back off the road.  As far as the lighting concern, he thought something could be done to resolve that issue.

 

Commissioner Adams made the motion to approve the Variance request with the conditions of the downcast lighting and the installation of an eight (8’) foot privacy fence, heavily landscaped; Commissioner Holman seconded.  The motion carried 3-2-0 with Commissioners Adams, Holman, and Holder voting in favor, and Commissioners Stamey and Mathis voting against. 

 

 

Public Hearing:  Request Approval to Transmit the Short-Term Work Program and Capital Improvements Element Annual Update to the Atlanta Regional Commission.

 

WHEREAS, Henry County, Georgia has prepared an annual update to its Short Term Work Program 2006-2010 and Capital Improvements Element; and

 

WHEREAS, the annual update of the Short Term Work Program 2006-2010 and Capital Improvements Element was prepared in accordance with the Development Impact Fee Compliance Requirements and the Minimum Planning Standards and Procedures for Local Comprehensive Planning established by the Georgia Planning Act of 1989, as amended; and a Public Hearing was held on August 14, 2006 in the Henry County Administration Building.

 

BE IT THEREFORE RESOLVED, that the Henry County Board of Commissioners does hereby authorize the Henry County Planning and Zoning Department to transmit the annual update of the Short Term Work Program and Capital Improvements Element covering the five-year period 2006-2010, and this resolution to the Atlanta Regional Commission and Georgia Department of Community Affairs as required by the Georgia Planning Act.

 

 

Mr. Michael Harris, Planning and Development Division Director, referenced the handout of the Annual Update of the Short-Term Work Program, and said it is required to be submitted to the ARC on an annual basis, covering a 5-year period.  He said, “this allows us to maintain our qualified local government status on a year to year basis, which is critical for our impact fees and other funding sources. This request before you is to allow authorization to transmit this to the ARC, because we have a time window, and they require at least 60 days for their review period.”

 

Commissioner Holman made the motion to approve the request; Commissioner Holder seconded.  The motion carried unanimously.

 

 

PUBLIC SAFETY DIVISION:

 

Request Award of a Bid Pertaining to the Purchase of Fire Protective Clothing for the Fire Department. 

 

WHEREAS, sealed bids were solicited for the purchase of fire protective clothing for the Fire Department; and

 

WHEREAS, six (6) vendors submitted bids for this purchase, as indicated on the attached summary sheet; and

 

WHEREAS, funds are available in the budget of the Fire Department to purchase this clothing; and

 

WHEREAS, Bennett Fire Products Co., Inc. and Tennessee Fire Equipment and Supply’s bids meets bid specification and is recommended by department personnel.

 

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the bid for the purchase of fire protective clothing for the Fire Department to Bennett Fire Products Co., Inc. and to Tennessee Fire Equipment and Supply; award as unit/price contract with no fixed quantities; prices will remain fixed for one contract period.  The Chairman is authorized to sign all necessary documents to accomplish this purchase.

 

 

Chief Bill Lacy, Fire Department, said this is the annual contract for turn-out gear, specifically personal protective equipment, including helmets, boots, gloves, hoods, turn-out jackets, and turn-out pants. 

 

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

 

Chief Lacy added, “after this meeting, we have a couple of trucks out front that we would like for you to see; they are the new Squad I and the new Squad 11.  Squad 11 was purchased with ODP grant funds, and they are both impressive pieces of equipment.”

 

 

ASSISTANT TO THE COUNTY MANAGER:

 

Request Approval of a Resolution Accepting Appropriated Funds from the General Assembly, as Administered by Georgia Department of Community Affairs (DCA).

 

WHEREAS,   the Board of Commissioners has been appropriated funds by the General Assembly of Georgia, and the appropriations have been signed into law by Governor Sonny Perdue on May 8, 2006; and

 

WHEREAS,   these appropriated funds are administered by the Georgia Department of Community Affairs as a grant of local assistance; and

 

WHEREAS,   the acceptance of these funds by the Board of Commissioners is required as a matter of form.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners that the Board hereby accepts local assistance resulting from the appropriation of the General Assembly of the following funds, as signed into law by Governor Perdue:

 

 

The Chairman is authorized to execute the appropriate paperwork to accept this assistance; the County Manager or designee is authorized to execute any other required documentation regarding the administration of this assistance.

 

 

Mr. Michael Sabine, Assistant to the County Manager, said these are appropriations like the one approved last time for the archeological study, that do not have a local match. He stated they are administered by the Department of Community Affairs as a matter of form; however, they do require acceptance by the Board of Commissioners.

 

Commissioner Holder referenced items #2 and #4 and said, “those are educational items; are we going to be the fiscal agents and will it be done through the Board of Education?”

 

Regarding the sidewalks, Mr. Sabine stated since they are on a County right-of-way or connect to a County right-of-way, this is why the County is the fiscal agent.  Similarly, with regards to the reading materials and supplies for disabled individuals, the County will act as the fiscal agent and either pass this through the Board of Education or through the Library System.

 

Mr. Terry McMickle, Public Works Division Director, said the County may have to put some of the sidewalk on East Lake on the school property, because the County does not want to put it within a roadway, because SPLOST will add a lane in part of that area. 

 

Commissioner Mathis said the $40,000 to purchase the video cameras for the police cars and the $25,000 from Nash Farms was the direct result of Senator John Douglas’s efforts at the last General Assembly.

 

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

 

 

Request Approval of a Resolution Authorizing Final Amendments and Accounting Entries for the Fiscal Year Ending June 30, 2006.

 

            WHEREAS, the Henry County Board of Commissioners adopted the Fiscal Year 2005-06 Budget on May 24, 2005; and

 

            WHEREAS, the Budget needs to be amended periodically to transfer funds interdepartmentally and intradepartmental in accordance with O.C.G.A. 36-81-3. 

 

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the below-listed budget amendments:

 

            General Fund:             $11,888,796 from various accounts to various accounts.

 

            Law Library:               $ 140,000 from increased revenues to $140,000 to expenditures.

           

            Confiscated Assets:   Zero Budget to $ 2,343,157 from various revenues to $2,343,157 various expenditures. 

 

            E-911:                              $1,363,352 from various accounts to $1,363,352 various expenditures.

 

            Special Court:                  $379,613 from various accounts to $379,613 various expenditures.

 

            Technology Fund:             $17,657 from various revenues to $17,657 various expenditures.

 

            Juvenile Assistance:        $4,095 from various revenues to $4,095 various expenditures.

 

            Economic Development: $98,571 from various accounts to $98,571 various expenditures.

 

            Hotel/Motel Revenue:     $165,840 from various revenues to $165,840 various expenditures.

 

            SPLOST:                         $8,500,000 from revenues to $8,500,000 unallocated expenditures.

 

            Capital Asset Fund:         $17,084,445 from various accounts to $17,084,445 to various accounts.

 

            Lease Purchase:              $28,409,793 from various accounts to $28,409,793 to various accounts.

 

            Impact Fee:                     $2,316,006 from various accounts to $2,316,006 to various accounts.

 

            Debt Service:                  $13,719,308 from various accounts to $13,719,308 to various accounts.

 

            Stormwater:                    $331,324 from various accounts to $331,324 to various accounts.

 

           

Ms. Angie Sorrow, Budgets and Procurement Director, referenced the handout and said this resolution will amend the 2005-2006 fiscal year budget to correct any variances, additional revenues, and grants that the County likes to amend twice a year. She said she would come before the Board again to amend the 2005-2006 budget for the auditors’ entries.

 

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

 

FINANCE:

 

Request Authorization of a Contract for a Health and Wellness Program for County Employees.

 

WHEREAS, healthcare claims from Henry County employees are increasing; and

 

            WHEREAS, healthy employees benefit themselves, Henry County and its citizens by being more productive and active, and by reducing healthcare costs; and

 

            WHEREAS, Henry County has negotiated a contract with Gold’s Gym to provide a health and wellness program for employees at a reduced cost; and

 

            WHEREAS, Gold’s Gym will offer health assessments at a reduced rate for County employees, which will include blood work, cardiovascular, muscular and nutritional screenings, which will assist in determining programming specific to the individual and/or further evaluation by a physician; and

 

WHEREAS, Gold’s Gym will offer training, education and team building programs specific for County employees and access to their facilities 24 hours a day, 7 days a week.

 

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners authorizes the signing of a contract with Gold’s Gym for a health and wellness program for County employees.

 

 

Commissioner Mathis made the motion to approve the resolution; Commissioner Adams seconded.

 

Commissioner Adams asked for clarification that employees pay a one-time fee.

 

Mr. Mike Bush, Financial Services Director, said this is one piece of the program; he said if employees want to join the gym, they would pay a $39.00 fee to be placed in the computer and receive a decal, and then the cost would be $15.00 a month or $180.00 a year. 

 

Mr. Magnaghi said they were trying to tie it back to the Wellness Program, and an important element to the County is to participate in the other wellness as the diet, physical assessment, and nutritional issues, that an employee does not have to be a member of the exercise program to participate in the County-wide programs there.  Even if they are not members, the employee will still be able to participate and attend classes and get involved in other assessments.

 

The vote was taken; the motion carried unanimously.

SPLOST/CAPITAL PROJECTS:

 

Request Award of Bid Pertaining to the Historic Courthouse Restoration.

 

            WHEREAS, sealed bids were solicited for the restoration project at the Historic Henry County Courthouse; and

 

            WHEREAS, two (2) vendors submitted bids for this project, as indicated on the attached spreadsheet; and

 

            WHEREAS, funds are available in the Capital Projects account to complete this project; and

 

            WHEREAS, departmental personnel recommends award to Headley Construction Corporation.  This vendor submitted the lowest bid and is qualified to complete the project.  The total cost of the project includes the base bid amount and alternate numbers 2, 3 and 4.

 

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the contract for the Historic Courthouse Restoration project to Headley Construction Corporation in the amount of $3,146,000.00 and authorizes the Chairman to sign all necessary documents to accomplish this purchase.

 

 

Mr. Roy Clack, SPLOST/Capital Projects Director, said this is a long overdue project, and Headley Construction Corporation has been involved in several projects in Henry County.  He said they are currently working on the Moseley Park Activity Building, and they performed the construction of the Animal Shelter, Station 4, and also the DMV Building in Locust Grove. Mr. Clack said they are about to start the Fairview Library.  He said their recommendation is to award the bid to Headley Construction with alternates 2, 3, and 4, which would be a total bid of $3,146,000, which would include some Courtroom audio visual, that will be added to the other Courtrooms, and a recorder, a Courtroom reporter, voice recognition recorder, and to replace some florescent figures in the Courtroom.  He stated the total budget, which would include utilities and construction administration contingency, would be a total of $3,676,000; he said there is currently $4,114,170.00 in the budget.

 

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

 

Mr. Clack added, “there are two (2) trees directly in front of the old and the new Courthouse, that is out of the scope of work for this contractor, that we would like removed and replanted.  They are very large, and they have interfered with the flag for years.  With the Board’s permission, we would like to move these trees and give the Courthouse more visibility to the public.”

 

Chairman Harper asked Mr. Clack if he was asking for that today.  Mr. Clack confirmed.

 

Commissioner Stamey suggested tabling the request until the Board could look at the trees to be removed.

 

Chairman Harper agreed to table the tree request, except for the one that is going into the foundation as part of the contract.

 

 

Request Approval of a Lighting Service Agreement for Security Lighting in the Judicial Center Parking Areas and Warren Holder Parking and Entrance Roadway. 

 

            WHEREAS, Henry County Board of Commissioners wishes to enter into contracts with Georgia Power for outdoor lighting service; and

 

WHEREAS, Georgia Power would provide security lighting for existing and future parking areas at Henry County Judicial Center; and

 

            WHEREAS, Georgia Power would provide security lighting for the main parking lot and roadway at the new soccer and football fields in Warren Holder Park; and

 

            WHEREAS, the cost for these agreements are as follows:

 

                                                                        Up front payment of                 monthly lease

 

            Existing Judicial Parking Lot                      $8,000                               $319.86

            New Judicial Parking Lot                            $4,000                               $213.24

            New Parking Area-SPLOST                       $7,785                               $253.68

 

            Warren Holder Park                                  $33,500                               $417.81

           

                                               

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a contract with Georgia Power for Outdoor Lighting for Courthouse Parking and Warren Holder Park and authorizes the Chairman of the Board to sign all necessary documents. All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

 

Mr. Clack stated, “the first three (3) pertain to the existing parking lot at the new Judicial Center, and it includes a parking lot where Juvenile Court is coming down and where the SPLOST Office and related properties are coming down.  This would add security lighting to that area through Georgia Power.  SPLOST will pay the up front cost for installation with the three (3) monthly lease charges to be added to the Courthouse. Regarding Warren Holder Park, we are completing a 40-acre addition to Holder Park, and we will continue the lighting from the existing Holder Park across the road and over the creek and light the parking lot and take it over to the other entrance to the park.”

 

Commissioner Adams made the motion to approve the resolution; Commissioner Mathis seconded.  The motion carried unanimously.

 

 

APPROVAL OF MINUTES:

 

Commissioner Mathis made the motion to approve the Minutes of the July 31, 2006 and the August 1, 2006 Board of Commissioners’ Meetings; Commissioner Stamey seconded.  The motion carried unanimously.

 

 

COUNTY MANAGER COMMENTS:

 

Mr. Magnaghi brought to the attention of the Board the sign has been changed at Industrial Boulevard; he said they still have the County seal that is going on that, and it should be up some time soon.  He said he wanted further discussion with the City regarding the median through that area, to review some landscaping ideas, and to discuss a maintenance agreement to improve that corridor.

 

 

COUNTY ATTORNEY COMMENTS:

 

Request Approval of an Amendment to a Portion of Article IV, Chapter 3-3, Section 3-3-125, of the Code of Henry County, Georgia Regulating Pawnshops; and for Other Purposes.

 

            An Ordinance for the purpose of amending Article VI, Chapter 3-3 of the Code of Henry County, Georgia,  adopted May 1, 1984, as amended, by amending a portion of Section 3-3-125 entitled Citizenship; residence requirements.

 

            WHEREAS, pawnshops within Henry County are regulated by Article VI, Chapter 3-3 of the Code of Henry County; and

 

            WHEREAS, Henry County has determined that regulation of pawnshops, as set forth herein, will serve to protect the health, safety and welfare of Henry County and its residents; and

 

            WHEREAS, Henry County desires to amend section 3-3-125 of the Code of Henry County as set forth herein;

 

           

 

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HENRY COUNTY, GEORGIA, AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF THE SAME, that Section 3-3-125 is hereby amended by striking it in its entirety and inserting in lieu thereof the following:

 

(a)   No License shall be issued to an applicant who is not a citizen of the United States or who is not the holder of an official green card for aliens.

 

(b)   If the applicant is a business entity, the owner(s) of the majority of the ownership interests in such business entity must meet the requirement above and the license shall be issued to the corporation.

 

 

Mr. Patrick Jaugstetter, County Attorney, stated, “it has been almost two years ago, we had a request for a pawnshop license from a person who had not lived in the State of Georgia for one (1) year, which our Code required.  At the time, I gave the opinion, and I am convinced of this, that our one (1) year residency requirement is unconstitutional.  There is a pile of U. S. Supreme Court cases that say you cannot impose that type of residency restriction.”

 

Commissioner Holder made the motion to approve the Ordinance; Commissioner Holman seconded.

 

Chairman Harper asked if there was public comment in favor or in opposition to this Ordinance Amendment; there was no response.

 

The vote was taken; the motion carried unanimously.

 

 

An Ordinance for the Purpose of Amending Section 3-14-34 of the Code of Henry County, Georgia Providing for Employee Regulations/Picture Identification.

 

An Ordinance for the purpose of amending Section 3-14-34 of the Code of Henry County, Georgia adopted December 3, 1988 and as subsequently amended, providing for Employee Regulations/Picture Identification; and for other purposes.

 

            WHEREAS, on March 1, 2004 the Board of Commissioners approved a resolution adopting a new fee schedule for the Bureau of Police Services for Report Copies, Alcohol Service Permit Badges and Criminal History Checks.

 

            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 the Code of Henry County, Georgia is herby amended as follows:

 

           

Sub-paragraph (2) of Section 3-14-34 is amended as follows:

 

(2)   No person shall be employed by a retail beer and/or wine establishment until such person has applied for and received a permit from the license department.  The permit shall be in the form of a picture identification (I.D.) badge.  All picture identification (I.D.) badges currently issued to permitees are hereby deemed to be the permit of each permitee.  The cost of the permit shall be twenty five dollars ($25.00).

 

 

Mr. Jaugstetter stated some time ago, the Police Department asked for and received permission to increase the charge for individuals to receive the permit that authorizes them to sell beer and wine.  He said it used to be $10, and now the cost is $25. Mr. Jaugstetter said, “if you are a waitress at a place that serves beer and wine, the waitress has to get the permit; it is different from what the convenience stores obtain.”

 

Commissioner Adams made the motion to approve the Ordinance; Commissioner Holder seconded. 

 

Chairman Harper asked for public comments in favor or in opposition to the Ordinance Amendment; there was no response.

 

The vote was taken; the motion carried unanimously.

 

 

An Ordinance for the Purpose of Amending Section 3-14-22.1 of the Code of Henry County, Georgia Providing for Sunday Sales; Licenses.

 

            An Ordinance for the purpose of amending section 3-14-22.1 of the Code of Henry County, Georgia, adopted September 17, 2001, as amended, by amending that portion of Section 3-14-22.1 entitled Sunday sales; licenses by

 

            WHEREAS on June 20, 2003 the Board of Commissioners amended Section 3-14-16 of the County Code entitled Definitions amending the minimum seating capacity; and

 

            WHEREAS, the amendment to Section 3-14-16 is associated with Section 3-14-22.1.

 

            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 Section 3-14-22.1 Subsection (1) is hereby amended by sticking it in its entirety and inserting in lieu thereof the following:

 

(1)   A license to sell alcoholic beverages for consumption on the premises on Sundays must be obtained from the office of the county tax commissioner.  In order to obtain said license, and applicant must possess a valid license issued pursuant to this chapter and must further provide satisfactory proof that the applicant derives at least sixty (60) percent of its total annual gross sales from the sale of prepared meals or food in all the combined retail outlets of the individual establishment where food is served, or that it derives at least sixty (60) percent of its total annual gross income from the rental of rooms for overnight lodging.

 

Mr. Jaugstetter said the County amended the Ordinance that calls for in-restaurant sales of beer and wine a couple of years ago to require 60% of the revenue derived from food sales.  “The Ordinance was divided into two parts; one for basic restaurant sales of beer and wine and the other for Sunday sales.  The Sunday sales Ordinance was never amended; therefore, our Ordinance was that Monday through Saturday to obtain a license, the restaurant had to have 60% of the revenue, but on Sunday it was 50%.  After review of the Ordinance, we are asking for the same volume sales requirements for Sunday sales that we have on every other day.”

 

Chairman Harper asked if there was public comment in favor or in opposition to the amendment to the Ordinance; there was no response.

 

Commissioner Holman made the motion to approve the Ordinance; Commissioner Adams seconded.  The motion carried unanimously.

 

 

Request Approval of an Agreement Regarding a Condemnation of .150 Acres of Land and .00124 Acres of Permanent Construction Easement in Land Lot 100 of the 11th District.

 

Mr. Jaugstetter said, “when we file a petition to condemn right-of-way, we name in that petition everyone who owns any interest in the property that we are taking.  In this instance, Snapping Shoals EMC owned an easement, where their power lines were located.  When we widen roads or relocate roads, we pay for the cost of relocating the power line easements, and on occasion, we have to name the power company.  Snapping Shoals EMC was named as a defendant in this case, and they suggested the County enter into an agreement that says ‘we will pay the cost of relocating that easement up to $2,000.’  They will do the work, and we will reimburse them their cost up to $2,000.”

 

Commissioner Holman made the motion to approve the agreement; Commissioner Stamey seconded.  The motion carried unanimously.

 

 

 

 

 

PUBLIC COMMENTS:

 

There were no public comments.

 

 

UPCOMING MEETINGS:

 

9/04/06            Monday                                   No Meeting – Labor Day Holiday

 

9/05/06            Tuesday           9:00 a.m.         Regular Board of Commissioners’ Meeting

 

9/18/06            Monday           9:00 a.m.         Regular Board of Commissioners’ Meeting

 

9/19/06            Tuesday           6:30 p.m.         Regular Board of Commissioners’ Meeting

 

 

EXECUTIVE SESSION:

 

Commissioner Holman made the motion to adjourn into Executive Session at 10:28 a.m., 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.

 

 

                                    (An Executive Session was held.)

 

 

(Commissioner Adams left during Executive Session.)

 

Commissioner Mathis made the motion to reconvene into Public Session at 12:20 p.m.; Commissioner Stamey seconded.  The motion carried unanimously.  Commissioner Holder and Commissioner Adams were not present during the vote.

 

Commissioner Mathis made the motion to authorize the Chairman to sign the affidavit of the Executive Session; Commissioner Stamey seconded.  The motion carried unanimously.  Commissioner Holder and Commissioner Adams were not present during the vote.

 

Commissioner Mathis made the motion to adjourn; Commissioner Stamey seconded.  The motion carried unanimously.  Commissioner Holder and Commissioner Adams were not present during the vote.

 

                                                            Jason T. Harper, Chairman

 

Peggy L. Malcolm, Deputy County Clerk