The Henry County Board of Commissioners held a Called Public Meeting at 9:00 a.m. on Tuesday, August 25, 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,

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

Warren E. Holder, District I Commissioner

Rick Jeffares, District II Commissioner

            Randy Stamey, District III Commissioner

Johnny B. Basler, District V Commissioner

Also attending were Shay Mathis, County Clerk; LaTonya Nix-Wiley, County Attorney; Phyllis Shrader, Interim County Manager; Michael Sabine, Assistant County Manager; Angie Bailey, Social Services 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 Stamey made the motion to approve the agenda; Commissioner Jeffares seconded.  The motion carried 5-0-0.

Resolution requesting approval to enter into a construction contract with Georgia Department of Transportation (GDOT) for the construction of Eagle’s Landing Parkway

            Roque Romero, SPLOST Interim Transportation Manager presented the agenda item to the Board.  Eagle’s Landing Parkway is a designated SPLOST III Transportation project.  Henry County agrees to abide by all state and/or federal regulations, rules, laws, and guidelines during construction on the improvement of Eagle’s Landing Parkway.  The low bid for construction of this project was in the amount of $18,443,111.45.  The total cost of the project to be financed under the American Recovery and Reinvestment Act (ARRA) is $18,443,111.45 which is the total federal contribution to this project and is the maximum amount of GDOT’s obligation.  In addition to the construction amount, federal funds will be available for asphalt cement price, bituminous tack coat and fuel price adjustments estimated up to a maximum of $3,811,759.  Any amount above and beyond the $18,443,111.45 will be funded within the SPLOST III Eagle’s Landing Parkway Project account. 

            Commissioner Holder asked if there was an approximate total cost for this project, including right-of-way acquisition and utility relocation.  Mr. Romero state the cost for right-of-way was approximately $4.5 million and the utilities are still in process.

            Commissioner Bowman made the motion to approve the construction contract with GDOT on Eagle’s Landing Parkway; Commissioner Basler seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, Eagles Landing Parkway is a SPLOST III Transportation project; and

            WHEREAS, sealed bids were solicited for the construction; and

            WHEREAS, seven (7) sealed bids were received and reviewed; and

            WHEREAS, funding for this project is available from the American Recovery and Reinvestment Act.

            WHEREAS, SPLOST recommends the bid proposal of the low bidder, G.P.’s Enterprises, Inc., in the amount of $18,443,111.45; and

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners recommends the bid proposal of a construction bid to G.P.’s Enterprises, Inc. for construction of the major transportation improvement of Eagles Landing Parkway, and authorizes staff to transmit such recommendation to Georgia Department of Transportation.  The Chairman is hereby authorized to sign all necessary documents for this project.  All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

Ordinance requesting a moratorium on the permitting of wireless communication facilities

            Michael Harris, Planning & Zoning Division Director presented the agenda item to the Board.  The current wireless communication’s facilities ordinance was adopted in 1998 and since that time there have been no amendments.  Under the current ordinance, permits are issued by way of administrative review and on certain cases Conditional Use requests.  With the recent peak in cell tower applications, it has become evident that the ordinance does not contain sufficient regulatory safeguard requirements or conditions.  There is the need to review and/or mitigate potential adverse affects within respective residential communities.  The Federal Government did enact the Federal Telecommunications Act of 1996, local governments still had the authority to set up regulations to regulate, particularly in regards to land use, for these types of facilities.  New advances within the telecommunications industry, coupled with increased usage has necessitated a more detailed and thorough review of our wireless communication facility applications.  The request is for the Board to consider adoption of new regulatory guidelines pertaining to wireless communication facilities in order to provide clearer, more consistent uniform guidelines for both the wireless communication service providers as well as citizens so they are clear on exactly what’s required and what the criteria for evaluating the sites are.  The department is recommending that a 90-day moratorium be granted.  This would allow staff the opportunity to draft new guidelines. 

            Chairman Mathis asked for clarification that this request would not affect any applications that have currently been filed.  Mr. Harris stated that was correct, any applications that have currently been filed will proceed in the manner in which the current ordinance calls for. 

            Commissioner Holder asked how many applications the department currently has for a wireless communications facility.  Mr. Harris stated approximately six.

            After further discussion regarding this agenda item, Commissioner Basler made the motion to approve an Ordinance requesting a moratorium on the permitting of wireless communication facilities; Commissioner Jeffares seconded.  The motion carried 4-1-0 with Commissioners Jeffares, Basler, Stamey and Bowman in favor and Commissioner Holder opposed. 

            Commissioner Jeffares made the motion to adjourn; Commissioner Stamey seconded.  The motion carried 5-0-0.

                                                                        Elizabeth “BJ” Mathis, Chairman


Shay Mathis, County Clerk