STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Public Meeting at 9:00 a.m. on Tuesday, September 4, 2007, in the Community Room, County Administration Building, 140 Henry Parkway, McDonough, Georgia.  Notice of this meeting was posted in the entrance foyer of the County Administration Building. The Daily Herald was notified of this meeting. Those present were:

 

          Jason T. Harper, Chairman,

          Warren E. Holder, District I Commissioner

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

          Randy Stamey, District III Commissioner

          Reid A. Bowman, District IV Commissioner

          Johnny B. Basler, District V Commissioner

 

Also attending were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Phyllis Shrader, Deputy County Manager; Michael Harris, Planning Division Director; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant County Manager; Angie Bailey, Social Services Division Director; LaTonya Wiley, Deputy County Attorney; and others.

 

(NOTE: Audio of this meeting is available with the County Clerk in the Board of Commissioners’ Office and will be retained for a period no less than twelve (12) months from the date of this meeting.)

Chairman Harper called the meeting to order and called for an acceptance of the amended agenda adding a presentation regarding the Veterans Wall of Honor at Heritage Park and adoption of a SPLOST III resolution.  Commissioner Stamey made the motion to approve the amended agenda; Commissioner Mathis seconded.  The motion carried unanimously.

Chairman Harper announced that he would not be seeking re-election as Chairman.  Chairman Harper stated it has been a privilege and a pleasure to work with everyone and look forward to the final sixteen months.

PRESENTATION

Veterans Wall of Honor at Heritage Park

          Todd Ernst, a member of the Board for the Wall of Honor, gave an update on the progress for the Veterans Wall of Honor.  Sen. Emanuel Jones, State Senate – District 10 and Rep. John Yates, Representative – District 73 was present for the presentation of an appropriation from the State in the amount of $25,000 for construction of the Wall of Honor. 

SPLOST III Resolution

          Patrick Jaugstetter, County Attorney, presented a resolution regarding the SPLOST III Program.  The resolution calls for an election to re-impose a County Special Purpose Local Option Sales Tax (SPLOST).  The resolution outlines the discussions to date.  There were two amendments to the resolution. 1) There is a provision that calls for the capitalization of a debt that could incur as a result of SPLOST.  Where there is a reference to a date of July 31 should be revised to July 1.  2) Where it is stated imposition of a tax it should be amended to say re-imposition of a tax. 

          The request is for approval so that the resolution can be submitted to the United States Justice Department for pre-clearance of the Federal Voting Rights Act. 

          There is an important provision within the resolution that reads “Any brochures, listings, or other advertisements heretofore or hereafter issued by the Board of Commissioners or by any other person, firm, corporation, or association with the knowledge and consent of the Board of Commissioners shall be deemed to be a statement of intention of the Board of Commissioners concerning the use of the proceeds of the Debt, and such statement of intention shall be binding upon the Board of Commissioners with respect to  the expenditure of the proceeds of such Debt or interest received from the investment of the proceeds of such Debt to the extent provided in Section 36-82-1(d) of the Official Code of Georgia Annotated.”   For purposes of this resolution the project list does not have to be defined.  If the Board adopts a list in the next couple of days, it becomes a published list and is binding by this resolution.  It’s recommended that the Board adopt the resolution to move the process forward.  The resolution adopts, by incorporation, the Intergovernmental Agreement with the cities.  The Intergovernmental Agreement will have to be modified because the cities based their SPLOST receipts on 25% of a number that far exceeded $300,000,000. 

          Chairman Harper stated it is the intent of the Board to tell the citizens in a binding list what projects are intended to be done in the SPLOST III program.  A project list will be compiled and published before the election. 

          Commissioner Mathis stated her concern is by not including certain projects in the ballot, there may be residents that will not get the literature, do not read the paper and would not get the list of projects and they may look at the ballot and decide not to vote for the re-imposition of SPLOST.

          Commissioner Holder stated he didn’t want the people to think, if the SPLOST is approved, they are giving the Board a blank check with no projects.  It has been discussed that if there are not specifications to the project list, the SPLOST will not pass.  And if the project list is too specific, the Board you may be faced with challenges to the referendum.  Once the list is published the Board is bound by the list as a matter of law.

          Mr. Jaugstetter suggested the Board may want to consider the wording for example regarding the recreation centers to read “to include without limitation a recreational center within the Hampton area, etc.  The concern is if you’re a voter, the “to include without limitation” is ignored and the voter thinks it’s only in the Hampton area or Fairview area, etc.

          Chairman Harper stated option #1 is the initial language which is general language that specifies the categories of projects and the Board’s intent is to adopt a list; option #2 is to have a more specific list; option #3 is a specific list (senior center in Locust Grove, senior center in Hampton). 

          Commissioner Holder made a motion to approve the resolution as presented; Commissioner Stamey seconded.  The motion carried 4-1-0 with Commissioner Mathis opposed.  The following resolution was approved:

RESOLUTION CALLING FOR AN ELECTION TO REIMPOSE

A COUNTY SPECIAL PURPOSE LOCAL OPTION SALES TAX

 

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF HENRY COUNTY, GEORGIA REIMPOSING A COUNTY ONE PERCENT SALES AND USE TAX AS AUTHORIZED BY PART 1 OF ARTICLE 3 OF CHAPTER 8 OF TITLE 48 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, SPECIFYING THE PURPOSES FOR WHICH THE PROCEEDS OF SUCH TAX ARE TO BE USED; SPECIFYING THE PERIOD OF TIME FOR WHICH SUCH TAX SHALL BE IMPOSED; SPECIFYING THE ESTIMATED COST OF THE PURPOSES TO BE FUNDED FROM THE PROCEEDS OF SUCH TAX; SEEKING APPROVAL TO ISSUE GENERAL OBLIGATION DEBT IN CONJUNCTION THEREWITH; REQUESTING THE ELECTION SUPERINTENDENT TO JOIN A CALL FOR ELECTION OF THE VOTERS OF HENRY COUNTY TO APPROVE THE REIMPOSITION OF SUCH SALES AND USE TAX; APPROVING THE FORM OF BALLOT TO BE USED IN SUCH AN ELECTION; AND FOR OTHER PURPOSES.

 

 

WHEREAS, Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated (the “Act”) authorizes the imposition of a one percent county special purpose local option sales and use tax for the purpose, inter alia, of financing certain capital outlay projects; and

 

WHEREAS, Henry County, Georgia (the “County”) currently is collecting said one percent sales and use tax (the “Existing Tax”), and such one percent sales and use tax will expire on March 31, 2008; and

 

WHEREAS, the Board of Commissioners of Henry County, Georgia (the “Board of Commissioners”) has determined that it is in the best interest of the citizens of the County that such one percent sales and use tax (the “SPLOST”) be reimposed within a special district co-extensive with the County (the “Special District”) to raise approximately $300,000,000, for the purpose, inter alia, of financing capital outlay projects as described hereinbelow (the “Projects”); and

 

WHEREAS, it is necessary to submit to the qualified voters of the County the question of whether or not the SPLOST should be reimposed; and

 

WHEREAS, on June 14, 2007, pursuant to the procedures set out in O.C.G.A. §48-8-111(a), the Board of Commissioners conducted a meeting at which designated representatives of the County and the City of Hampton, the City of Locust Grove, the City of McDonough and the City of Stockbridge (the “Municipalities”) met and discussed the continuation of the SPLOST, the distribution of SPLOST proceeds and possible projects for inclusion in the proposed referendum, including municipally owned and operated projects; and

 

WHEREAS, the County has entered into an intergovernmental agreement with the Municipalities (the “Intergovernmental Agreement”), a copy of which is attached hereto as Exhibit “A,”; and

 

WHEREAS, the Intergovernmental Agreement will be modified with the Municipalities’ projects adjusted to conform to the total estimated costs of the Municipalities’ projects described hereinbelow;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County, Georgia as follows:

 

A.      Reimposition of SPLOST.  Assuming the question of reimposing the SPLOST is approved by a majority of the voters of the County voting in the election hereinafter referred to, the SPLOST shall be reimposed for the term, purposes and estimated costs as follows:

 

1.       In order to finance the purposes described herein, the SPLOST in the amount of one percent (1%) on all sales and uses in the Special District is hereby authorized to be levied and collected as provided in the Act, commencing upon the expiration of the Existing Tax.

 

2.       The proceeds of such SPLOST are to be used to finance the Projects, and/or repayment of any debt or other obligations associated with any of said Projects. The Projects consist of the “County Projects” and the “Municipal Projects.”  The County Projects, the Municipal Projects, and the estimated costs of each are set forth below:

 

County Projects to include:  senior centers, social services facilities, parking deck, libraries, civic center, fire stations, emergency operations center, correctional facility, recreational centers, improvements and expansion of existing parks and recreation facilities, acquisition of land

          for public purposes, roads, bridges and sidewalks…………..$225,000,000

 

 

Municipal Projects for the City of Hampton to include: roads, bridges and sidewalks, public safety facilities and equipment, public works facilities and equipment, construction and renovation of municipal buildings, parks and recreation facilities, community development facilities,

          acquisition of land for public use………………………….$   …7,650,000

 

Municipal Projects for the City of Locust Grove to include: roads, bridges, sidewalks and transportation projects, public safety facilities and equipment, construction and renovation of municipal buildings, parks and recreation facilities,

          acquisition of land for public use………………………….$   …7,650,000

 

Municipal Projects for the City of McDonough to include: roads, bridges, sidewalks and transportation facilities, public safety facilities and equipment, public works facilities and equipment, community development

facilities, parks and recreation facilities, public debt………$  ...26,842,500

 

Municipal Projects for the City of Stockbridge to include: roads, bridges, sidewalks and transportation facilities, public safety facilities and equipment, public works facilities and equipment, construction and renovation of municipal buildings, acquisition of Property for public use, Federal

          Improvement Projects…………………………………….$   …32,857,500

 

          Total………………………………………………………………....$300,000,000

 

3.       The SPLOST is to be reimposed for a period of twenty-four (24) calendar   quarters.

 

B.      General Obligation Debt.

 

1.       Assuming the question of reimposing the SPLOST is approved by a majority of the qualified voters of the County voting in the election hereinafter referred to, the County is hereby authorized to issue its general obligation debt (the “Debt”) in conjunction with the SPLOST, in a maximum aggregate principal amount of $240,000,000.  The proceeds of the Debt, if issued, shall be used to pay a portion of the costs of the County Projects and/or the Municipal Projects, capitalized interest through up to July 1, 2008, and the costs of issuing the Debt.  The Debt may be issued in one or more separate issuances or series.  A part of the proceeds of the SPLOST will be used for payment of the Debt, if issued, and the portion of the proceeds of the SPLOST not used for the payment of the Debt will be used to pay the costs of Projects not funded with the Debt.

 

2.       The maximum interest rate or rates which such Debt is to bear is six percent (6%) per annum.  The amount of principal to be paid in each year during the life of the Debt (maximum amounts that assume the full $240,000,000 is issued) shall be as set forth below:

 

Year

Principal Amount

 

 

2009

$ 28,545,000

2010

31,955,000

2011

36,520,000

2012

41,715,000

2013

47,215,000

2014

    54,050,000

 

 

TOTAL

$240,000,000

 

3.       The proceeds of the Debt shall be deposited by the County in separate funds or     accounts as specified in the Intergovernmental Agreement.

 

4.       The SPLOST proceeds received in any year pursuant to the reimposition of such tax shall be deposited in a separate fund and first used for paying debt service requirements on the Debt for any such year before such proceeds are applied to any of the other purposes authorized above.  Proceeds of the SPLOST not required to be deposited in the separate fund in any year for the payment of principal and interest on the Debt coming due in the current year shall be deposited in a separate fund to be maintained by the County and applied toward funding the Projects to the extent such Projects have not been funded with Debt proceeds, all as more fully provided for in the Intergovernmental Agreement.

 

5.       Any brochures, listings, or other advertisements heretofore or hereafter issued by the Board of Commissioners or by any other person, firm, corporation, or association with the knowledge and consent of the Board of Commissioners shall be deemed to be a statement of intention of the Board of Commissioners concerning the use of the proceeds of the Debt, and such statement of intention shall be binding upon the Board of Commissioners with respect to  the expenditure of the proceeds of such Debt or interest received from the investment of the proceeds of such Debt to the extent provided in Section 36-82-1(d) of the Official Code of Georgia Annotated.

 

C.      Call for the Election; Ballot Form; Notice.

 

1.       The Board of Elections of Henry County is hereby requested to call an election in all voting precincts in the County on the 6th day of November, 2007, for the purpose of submitting to the qualified voters of the County the question set forth in paragraph 2. below.

 

2.       The ballots to be used in the election shall have written or printed thereon   substantially the following:

 

(   ) Yes

 

(   )  No

 

Shall a special one percent (1%) sales and use tax be reimposed in the special district of Henry County for a period of time not to exceed twenty four (24) calendar quarters and for the raising of an estimated amount of $300,000,000 for the purpose of financing the following capital outlay projects to be owned or operated or both by Henry County, Georgia, the City of Hampton, the City of Locust Grove, the City of McDonough, City of Stockbridge or any combination thereof: (1) roads, bridges and sidewalks, (2) parks, recreation and community facilities, (3) public building development, construction and renovation, (4) land acquired for public use, (5) public safety/public works facilities and equipment, (6) a county correctional facility, (7) repayment of any debt or other obligations associated with any of said projects and (8) retirement of previously incurred general obligation debt of one or more of the foregoing entities.

 

If reimposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of Henry County, Georgia, in the principal amount of $240,000,000 for the above purpose.

 

3.       It is hereby requested that the election be held by the Board of Elections of Henry County in accordance with the election laws of the State of Georgia, including, without limitation, the election laws relating to special elections. It is hereby further requested that the Board of Elections of Henry County canvass the returns declare the result of the election and certify the result to the Secretary of State and to the Commissioner of Revenue.

 

4.       The Board of Elections of Henry County is hereby authorized and requested to publish a notice of the election as required by law in the newspaper in which Sheriff’s advertisements for the County are published once a week for four weeks immediately preceding the date of the election. The notice of the election shall be in substantially the form attached hereto as Exhibit “B”.

 

D.      The Clerk of the Board of Commissioners is hereby authorized and directed to deliver a copy of this Resolution to the Board of Elections of Henry County, with a request that the Board of Elections of Henry County join in this call for an election.

 

E.      The proper officers and agents of the County are hereby authorized to take any and all further actions as may be required in connection with the reimposition of SPLOST and the authorization of the Debt.

 

F.      This Resolution shall take effect immediately upon its adoption.

 

 

BUILDING AND DEVELOPMENT SERVICES

Approval of a streetlight district

          Bert Foster, Planner II presented the The residents and property owners of Panola Woods, Tapestry Park and Crown Manor, Phase II have submitted petitions to the Department of Development Plan Review for the creation of streetlight districts.  All requirements have been met.

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

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

·        Panola Woods, 157 lots, 36 lights, Snapping Shoals EMC, District 5

·        Tapestry Park, 112 lots, 32 lights, Snapping Shoals EMC, District 3

·        Crown Manor, Phase II, 91 lots, 31 lights, Central Georgia EMC, District 2

          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 Commissioner of Henry County approves the requests for new streetlight districts.

PLANNING & ZONING SERVICES

Clarification of modifications to zoning conditions for MC-06-10 – Tim Jones Properties, Inc./Jones & Black Development, LLC

          Michael Harris, Planning & Zoning Services Division Director, presented the agenda item to the Board.  The resolution is to amend a previously approved modification of zoning conditions which was approved by the Board on 12/18/06.  At the December 18th meeting a new resolution was presented and approved, however the actual resolution which was signed by the Chairman was the resolution presented to the Board in their exhibit books.  After working with the applicant and reviewing the meetings the resolution presented at this meeting corrects the recorded resolution to reflect the Board’s approval on December 18th.

          Chairman Harper explained that the resolution is lengthy and when staff presented the corrections he could not remember all the details of the rezoning and asked staff to bring the corrections to the Board.

          Commissioner Mathis stated there were several resolutions at the December 18th meeting and the wrong resolution was recorded.  Staff has made the correction. 

          Commissioner Mathis made the motion to approve the resolution for modifications; Commissioner Holder seconded.

          Chairman Harper called for public comments from anyone wishing to speak regarding the corrections; there were no comments.

          The motion was to amend the recorded resolution with the correct language.  The motion carried 3-0-2 with Commissioners Basler and Bowman abstaining.  The following resolution was approved:

WHEREAS, Tim Jones Properties, Inc./Jones & Black Development, LLC of Jonesboro, GA (MC-06-10) applied for multiple modifications to zoning conditions for a rezoning that was approved by the Board of Commissioners on June 7, 2005.  The property is located on the east and west sides of Dutchtown Road, south of Jonesboro Road (parcel ID Numbers 017-01-019-012, 018-01-023-000 and 018-01-026-000) in Land Lots 104, 105, 119, 120, 121, 137, 138 and 152 of the 6th District, consisting of 494.5+/- acres; and

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

WHEREAS, the request is to modify multiple zoning conditions; 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 made no recommendation on the request on November 9, 2006; and

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the following modified zoning conditions:

Condition 2: The applicant or developer shall pay all costs of designing, engineering, and constructing road, drainage, and sidewalk improvements including, without limitation, the installation of:

a.     A left turn lane for westbound traffic on Jonesboro Road at the West Erma Pod A Entrance as indicated on that Site Plan revised 02/04/05 (“site plan”) as the intersection of Jonesboro Road and “Street A;” and

b.     A right turn lane for eastbound traffic on Jonesboro Road at West Erma Pod A Entrance as indicated on the site plan as the intersection of Jonesboro Road and “Street A.”

Condition 6:   The applicant or developer agrees to design and completely construct Dutchtown Road improvements, including a bridge over Walnut Creek, solely at his/her expense, to the following specifications, holding Henry County harmless:

a.     The roadway is to be designed with the horizontal alignment to be per 30 mile-per-hour (mph), based on the American Association of State Highway and Transportation Officials (AASHTO) section for “Low-Speed Urban Street” standards; where limited by property constraints a minimum radius of two hundred feet (200’) may be allowed which will require a speed reduction through said segment of alignment to 25-mph; the vertical alignment is to be per 2004 AASHTO  for 45 mph; the roadway and bridge plans are to be reviewed by the Henry County Department of Transportation (HCDOT); and

b.     The bridge over Walnut Creek is to be designed and constructed to meet the minimum Georgia Department of Transportation (GDOT) standards; bridge design and construction is to include all bridge-related items, including the approach slabs; bridge is to have a minimum two foot (2’) of freeboard for the 100-year event; bridge width from inside of parapet to inside of parapet shall be a minimum of twenty-six feet (26’); load design criteria shall be HS20; in the event that a box culvert may be sufficient to handle the runoff, T-Beam Guardrail may be used with the face of the T-Beam directly above face of curb; box culvert and guardrail shall be required to be designed and constructed per Federal standards due to a hardship imposed by limited right-of-way (ROW) along this particular segment of Dutchtown Road; whether a box culvert or bridge is constructed, the barrels of the box/bents of the bridge shall be required to be parallel with the creek; and

c.      The construction shall include placement of any necessary guard rail, walls, under-drain, relocation of utilities, and any associated road construction item shown on the approved plans; and

d.     The roadway is to have a minimum symmetrical ROW width of sixty feet (60’), with the exception of the section of the roadway adjacent to the Deerfield Group, LLC property; along this section, where roadway is adjacent to the limits of the two (2) ponds, the minimum allowable ROW width shall be thirty-six feet (36’) symmetrical about the roadway centerline; along the frontage of Deerfield Group, LLC property outside of the limits of the two (2) ponds the minimum allowable ROW width shall be fifty feet (50’) symmetrical about the roadway centerline; and

e.      The applicant or developer shall obtain all environmental permits, as well as all other necessary permits, solely at his/her expense, holding Henry County harmless; Additionally, the developer shall be solely responsible for any environmental mitigation that may be required and any associated cost; and

f.       The applicant or developer shall provide and place any borrow necessary for the construction of the roadway, and shall dispose of any waste material; and

g.     The applicant or developer shall provide all construction management necessary for the construction of the project to achieve standards and requirements as determined by the HCDOT through inspection of all construction; and

h.     The tolerances concerning staking and construction of the roadway are as follows:

                                                             i.      Curb & Subgrade à 1” +/- from plan elevation

                                                           ii.      Gravel Aggregate Base (GAB) & Binder à ¼” +/- on thickness

                                                        iii.      Topping (F/9.5mm mix) à no tolerance on minimum thickness of 1 1/8”; and

i.       The minimum paving section shall be 8” GAB, 2” binder (12.5mm superpave mix/“E” Mix acceptable as a binder lift in the event that the topping lift is not placed soon after the placement of the binder), and 1 1/8” “F”-mix/9.5mm superpave mix topping; the top one foot (1’) of Subgrade and the GAB shall be at 100% maximum dry density; applicant or developer shall place a minimum one (1) year letter bond after placement of asphalt topping has occurred; and

j.       The curb and gutter shall be GDOT type 2 (6”x24”) as shown on GDOT Standard 9032B; and

k.      The applicant or developer shall place a minimum of two (2) roundabouts along the Dutchtown Road alignment with the locations to be jointly determined by the applicant or developer and HCDOT; and

l.       From the existing end of curb and gutter on the south end of Dutchtown Road up to the southernmost roundabout location, the roadway width is to consist of two (2) twelve foot (12’) lanes in addition to the curb and gutter; the total width is to be twenty nine feet (29’) from back of curb to back of curb; from the southernmost roundabout northward, excluding the roundabouts, the roadway width is to consist of two (2) eleven foot (11’) lanes in addition to curb and gutter; the total width is to be twenty seven feet (27’) from back of curb to back of curb; and

m.   For the southern section of Dutchtown Road up to the southernmost roundabout, the GAB is to extend 6” behind back of curb; From the southernmost roundabout northward the GAB shall not be required to be placed under or beyond the curb and gutter; and

n.     All cross drains are to be RCP and the longitudinal pipe are to bituminous-coated corrugated metal pipe; and

o.     The pipe within the French drain adjacent to the Deerfield Group, LLC ponds is to be located beyond the back of curb; however, the stone (#5’s and #7’s) for the French drain shall be allowed to be placed under the curb or asphalt where necessary; and

p.     The roundabouts and the remainder of Dutchtown Road shall be striped/marked with thermoplastic, per the latest version of the M.U.T.C.D.; and

q.     Roadway plans are to include plan and profile sheets, grading plan (showing existing and proposed contours), typical sections, drainage profiles, erosion control, ROW plans, signage & marking plan (per M.U.T.C.D.), and bridge plans.

Condition 13:  In compliance with ‘Proposed Conditions to GRTA Notice of Decision – Road Connectivity,’ the applicant or developer shall:

a.     Create shared access from Street S of Pod B to Street 5 of Crystal Lake Plantation as indicated by the site plan.

b.     Improve Dutchtown Rd. to Henry County standards, in accordance with Condition 6.

Condition 20:  Any other condition notwithstanding, the maximum number of total units shall be the lesser number of either seven hundred six (706) or the number of units allowed by a maximum of 1.75 net dwelling units per acre.

Condition 21:  The minimum lot size shall be 22,000 square feet, with the exception of  Pod C, where the  minimum lot size shall be 12,000 square feet with a minimum lot width of eighty feet (80’) as provided by the lawful grant of a variance following the process due.

Condition 23:  South of Walnut Creek maximum number of units shall be three hundred eighty five (385), Plus Sixty Four (64) units for the Cloisters Pod, for a total of four hundred forty nine (449) units South of Walnut Creek. 

a.     A minimum of three hundred five (305) units, or up to a lesser number of actual units built, shall have a minimum of two thousand (2,000) square feet; and

b.     Any remaining Pod C units shall have a minimum of twenty four hundred (2,400) square feet; and

c.      All shall have front facades consisting of brick, stone, or three application minimum stucco with wire lathe as determined by the Henry County Building Department.  The remaining sides shall consist of cementious siding, brick, stone, or three application minimum stucco with wire lathe as determined by the Henry County Building Department.  In no case shall vinyl be permitted.

d.     All shall have fully sodded yards; and

e.      All shall have two-car enclosed garages where feasible as determined by the Henry County Building Department; and

f.        All shall have a minimum of an 8/12 pitch roof on the main body of the roof as determined by the Henry County Building Department, minor portions of the roof structure may have a flatter pitch; and

g.     All shall have architectural grade roof singles, determined as three hundred pounds (300 lbs.) per square.

Condition 24:  North of Walnut Creek maximum number of units shall be two hundred fifty seven (257): 

a.     All shall have a minimum of two thousand (2,000) square feet; and

b.     All shall have front facades consisting of brick, stone, or three application minimum stucco with wire lathe as determined by the Henry County Building Department.  The remaining sides shall consist of cementious siding, brick, stone or three application minimum stucco with wire lathe as determined by the Henry County Building Department.  In no case shall vinyl be permitted.

c.      All shall have fully sodded yards; and

d.     All shall have two-car side-entry enclosed garages where feasible as determined by the Henry County Building Department; and

e.       All shall have a minimum of an 7/12 pitch roof on the main body of the roof as determined by the Henry County Building Department, minor portions of the roof structure may have a flatter pitch; and

f.       All shall have architectural grade roof singles, determined as three hundred pounds (300 lbs.) per square.

Condition 26:  If another revised notice of decision be issued, staff is instructed to handle it administratively.

 

SOCIAL SERVICES

Acceptance of an Aging Subgrant Contract with ARC

          Susan Craig, Senior Services Director, presented the agenda item to the Board.  This is an annual contract with the Atlanta Regional Commission (ARC) in the amount of $527,664 with a local match and fees in the amount of $60,633.  The match funds are available with the Senior Services Budget.

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

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 07-08 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.

PUBLIC SAFETY

Bid Award to purchase a digital recording system for use in the Emergency Communications Center

          Don Ash, Emergency Communications Director, presented the agenda item to the Board.  The request is to purchase NICE recording equipment which is the digital equipment used to record all the radio communications and 911 communications in the center. 

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

WHEREAS, the Emergency Communications Center is responsible for the recording and logging of all public safety radio transmissions and calls for service; and

 

WHEREAS, the system will process and track all radio and emergency phone traffic as the primary public safety answering point for Henry County; and

 

WHEREAS, the current recording system has been discontinued, which provides no room for expansion or the ability to have a service contact on the equipment; and

 

WHEREAS, this project was bid through the Purchasing Department, and proposals were submitted by six vendors; and

 

WHEREAS, it is recommended that the bid proposal submitted by NICE be approved in the amount of $93,008.00; contract will cover equipment, project management, installation and testing; and

 

WHEREAS, the E911 system collects fees for the operation of the 911 service for citizens of Henry County, and this equipment is vital for the delivery of 911 services.

 

NOW THEREFORE BE IT RESOLVED by the Henry County Board of Commissioners that the Board hereby awards the bid to NICE Systems. The Chairman is hereby authorized to execute said agreement on behalf of the Board.

Authorization to purchase THE Sungard Software

          Don Ash, Emergency Communications Director, presented the agenda item to the Board.  The requested equipment will enhance the services provided not only for staff but also for the officers in the field.

          Chairman Harper clarified the total cost.  Mr. Ash stated the total cost is $42,770.

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

WHEREAS, the Henry County Emergency Communications Center serves as the primary public safety answering point; and

 

WHEREAS, HTE, Sungard is the software provider for the E911 Computer Aided Dispatch system; and

 

WHEREAS,         the current Computer Aided Dispatch system needs system upgrades to enhance the ability to provide public safety assistance; and

 

WHEREAS,         HTE, Sungard is the sole source provider of the HTE, Chiefs software for the operations of CAD 400 Firehouse, Pager Connection, and ISIS State Interface; and

 

WHEREAS,         the E911 system collects fees for the operation of the 911 service for citizens of Henry County, and this equipment is vital for the delivery of 911 services.

 

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners, hereby accepts the proposal, with THE Sungard, in the amount of $42,770, for software upgrades and authorizes the Chairman is hereby authorized to execute said agreement on behalf of the Board.

Approval of position upgrades for E911 Plant Vesta Pallas System

          Don Ash, Emergency Communications Director, presented the agenda item to the Board.  The request is to add two additional positions so that 911 call capabilities can be done at the center.

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

WHEREAS, the Henry County Emergency Communications Center serves as the primary public safety answering point

 

WHEREAS, the Henry County Emergency Communications Center currently operates on Plant Vesta Pallas E911 Operation

 

WHEREAS, Henry County Communications has converted an operations position for the delivery of emergency communications services

 

WHEREAS, Motorola is the only vendor that can provide this system upgrade, and Motorola is the warranty and maintenance provider

 

WHEREAS, it is recommended that the proposal submitted by Motorola be approved in the amount of $47,103.00; contract will cover equipment, project management, installation, and testing.

 

WHEREAS, the E911 system collects fees from the operation of the 911 service for the citizens of Henry County, and this equipment is vital for the delivery of 911 services.

 

NOW THERFORE BE IT RESOLVED by the Henry County Board of Commissioners, that the Board herby accepts the proposal to Motorola Inc. The Chairman is hereby authorized to execute said agreement on behalf of the Board.

 

TECHNOLOGY SERVICES

Services Agreement to purchase software for Parks & Recreation

          Clark Rainer, Technology Services Director, presented the agenda item to the Board.  The software package is a host service which means the actual servers and equipment will be at the active company and not within the county department.  There will be a service fee for the users of the system.  The system will allow citizens to register for activities/facilities online for the range of services offered through the Parks & Recreation Department. 

          Commissioner Mathis asked how many staff members are currently being used to handle registration and will this software be a savings in man-hours.  Tim Coley, Parks & Recreation Director, stated he was not sure if it would affect the number of employees but the software will accommodate citizens from having to register on location, they can handle registration online.

          Mr. Rainer stated currently there is a different system for each activity offered whether it is handwritten or something else.  The software will store information of repeat users will not have to re-enter their information each time.

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

WHEREAS, the Parks and Recreation Department currently uses disparate, decentralized, hand written methods for the registration of all activities and facilities; and

 

WHEREAS, Henry County currently does not offer the capability of registering for recreational activities On-Line; and

 

WHEREAS, total cost to Henry County is not to exceed $7,700.00, and funding is available as budgeted in unallocated account for expenses to Henry County.

 

NOW, THEREFORE, BE IT RESOLVED THAT the Board of Commissioners authorize the Chairman to execute the associated Product and Services Agreement with The Active Network, Inc.

 

FINANCE

Approval of FY 06-07 Budget Amendment for year end

          Angie Sorrow, Budget Director, made the presentation to the Board.  The budget is normally amended twice a year to reflect the true budgets for line item accounts.  This is the second amendment for Fiscal Year 06-07. This amendment will correct any and all budgetary variances in the budget.  The variances in the accounts are created by the unallocated funds, grant funds, and additional revenue income and/or expenditures that need to be adjusted during the fiscal year.

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

          WHEREAS, the Henry County Board of Commissioners adopted the Fiscal Year 2006-07 Budget on May 16, 2006; 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:                 $7,798,985 from various accounts to various accounts.

 

Law Library:                   $140,495 from various accounts to various accounts

 

Confiscated Assets:         $788,802 increased revenues to various expenditure accounts.

 

E-911:                             $1,559,967 increased revenues to various expenditure accounts.

 

Special Court Fund:        $2,027,483 from various accounts to various accounts.

 

Technology Fund: $95,317 from various accounts to various accounts.

 

Juvenile Assistance:         $39,369 increased revenues to various expenditures.

 

Economic Development: $52,170 from various accounts to various accounts.

 

Hotel/Motel:          $35,678 from various accounts to various accounts.

 

Capital Asset:                  $14,948,130 from various accounts to various accounts.

 

Lease Purchase:     $18,676,150 from various accounts to various accounts.

 

Impact Fees:                   $5,776,463 from various accounts to various accounts.

 

Debt Service:                  $14,247,002 from various accounts to various accounts.

 

Stormwater:           $180,328 from various accounts to various accounts.

 

SPLOST/CAPITAL PROJECTS

Budget amendment to allocate additional funds to Warren Holder Park

          Roy Clack, SPLOST/Capital Projects Director presented the agenda item to the Board.  The request is to allocate funds for park improvements.  With the opening of additional football/soccer fields, there is a need to add parking and to realign the entrance of the park to make the intersection safer and to allow better movement of traffic.  After the opening of the new season for football it was realized there was not enough parking available.  Last year the addition to the park was completed, this year the concession area was completed and within the budgets, staff felt additional parking was needed.  A budget amendment is needed for the design of the entrance realignment.  The request is to also approve the addition of 173 parking spaces with lighting.  It is staff’s intent to contact the City of Locust Grove for a possible joint venture for funding for construction of the parking spaces.

          Commissioner Holder commented that if the request is approved, staff is to instruct whoever designs the realignment of the park entrance that they cannot encroach on the nearby church property.  If the design says it can’t be done then stop the process.

          Mr. Clack stated once the preliminary design is prepared it will be presented to the City of Locust Grove and the church for their approval.

          Commissioner Bowman asked staff how the $300,000 will be funded.  Mr. Clack stated from SPLOST II Unallocated Funds.

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

WHEREAS, Warren Holder Park is a designated SPLOST II project; and

 

WHEREAS, with the opening of an additional 40 acres including 2 football/soccer fields, there is a need to add parking and to realign the entrance to make the intersection safer and to allow better movement of traffic; and

 

          WHEREAS, a budget amendment in the amount of $300,000.00 is needed to design the entrance realignment and to add 173 additional parking spaces with lighting; and

 

          WHEREAS, funding for this budget amendment is available from SPLOST II Contingency; and

                  

          NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a budget amendment in the amount of $ 300,000.00 for Warren Holder Park.  All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

Authorization for the designation, design, right-of-way and fund partial construction of East Knight Road

          Roy Clack, SPLOST/Capital Projects Director presented the agenda item to the Board.  East Knight Road is on the SPLOST II Master List but has not been designated.  Funds will be transferred for the Racetrack Road @ State Route 81 project which is now being completed by the Georgia Department of Transportation.  The request will fund the design of the project and will being construction.

          Commissioner Mathis asked what agency provided the state funding for this project.  Terry McMickle, Public Works Division Director, stated the State contacted the county regarding an agreement that was signed.  The GDOT asked the county to handle the right-of-way acquisitions and utilities and the county agreed.  After funding was secured for the county’s portion of the project (right-of-way and utilities) a revised letter was sent that stated since the project was a state initiated project, they would not hold the county to the requested funds and released the county form the obligation (right-of-way and utilities).  There were no State Aid Funds involved in the project.

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

WHEREAS, East Knight Road is on the SPLOST II Master list; and

 

          WHEREAS, the Board wishes to designate East Knight Road; and

             

              WHEREAS, Racetrack Road @ SR 81 is now being completed by GDOT; and

            

          WHEREAS, a budget amendment would transfer $995,728.00 from Racetrack Road @ SR81 to East Knight Road; and

                  

          NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a budget amendment in the amount of $995,728.00. All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

 Bid for paneling installation in the Courtrooms & Judge’s Chambers in the Historic Courthouse

          Roy Clack, SPLOST/Capital Projects Director presented the agenda item to the Board.  The Board recently approved the material to panel the Judge’s Chambers and Courtrooms in the Historic Courthouse.  The request is for installation of the materials.  Three (3) bids were received with Prime Contractors, Inc. being the low bidder.  An extensive reference check was done on the vendor and it was discovered that Prime Contractors is a State Vendor.  They have worked for the State completing courtrooms, the Fulton County Jail. 

          Commissioner Bowman asked staff for the total square footage for the project.  Mr. Clack stated he didn’t remember.  Commissioner Bowman stated it appeared the venders bided on different square footages. Staff stated the bids were based on the same square footages.

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

WHEREAS, the Courthouse restoration is in progress; and

 

WHEREAS, sealed bids were solicited for paneling installation labor; and

 

          WHEREAS, three (3) bids were received; and

 

          WHEREAS, funding for this budget amendment is available in the Historic Courthouse; and

 

          WHEREAS, Staff recommends the low bidder, Prime Contractors, Inc.; and

                                     

          NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the proposal of Prime Contractors, Inc., in the amount of $16,275, and authorizes the Chairman of the Board to sign all necessary documents for the paneling installation in the Historic Courthouse. All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

Budget Amendment regarding the Courthouse Restoration

          Roy Clack, SPLOST/Capital Projects Director presented the agenda item to the Board.  Three projects, A Friends House, DFACS and the Courthouse Restoration were funded with a Lease Purchase Agreement and two of the projects are complete (A Friends House and DFACS).  The request is to transfer the remaining funding from the two completed projects to the Courthouse Restoration project. 

          Commissioner Holder asked staff for the total cost for the Courthouse Restoration project.  Mr. Clack stated approximately $3 million. 

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

          WHEREAS, the Henry County Historic Courthouse restoration is in progress; and

 

          WHEREAS, three projects, A Friends House, DFACS, and the Courthouse Restoration were funded with a Lease Purchase agreement; and   

 

           WHEREAS, Friends House and DFACS are completed; and                          

 

          WHEREAS, a budget amendment would transfer remaining monies from the two completed projects into the Courthouse Restoration to be used in the completion of the restoration; and

 

A Friend’s House                       $72,043.95

DFACS                                    $417,367.43

                                      Total           $489,411.38

 

          NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a budget amendment in the amount of $489,411.38, transferring these remaining funds to the Courthouse Restoration. All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

 

 

Budget amendment for completion of the building restorations at Heritage Park

          Roy Clack, SPLOST/Capital Projects Director presented the agenda item to the Board.  The original construction for the Heritage Park Village was a designated SPLOST I project.   Two buildings, Lane’s Store and the Nolan House, were moved to the village and are in process of being renovated.  The request is for approval of a budget amendment for the renovations.

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

WHEREAS, Heritage Park is a designated SPLOST I project; and

 

          WHEREAS, a budget amendment in the amount of $170,000.00 is needed to fund the renovation of Lane’s Store and the Nolan House which were moved to the Heritage Village; and

 

          WHEREAS, funding for this budget amendment is available from SPLOST I Contingency due to interest that has accumulated from interest earnings on SPLOST I funds; and

                                               

          NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a budget amendment in the amount of $170,000.00 for the completion of the Heritage Park Village.  All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

APPROVAL OF THE MINUTES

          Commissioner Mathis made the motion to approve the minutes from the August 20th and 21st meetings; Commissioner Stamey seconded.  The motion carried unanimously.

COUNTY MANAGER COMMENTS

          There were no comments.

COUNTY ATTORNEY COMMENTS

          There were no comments.

PUBLIC COMMENTS

          There were no comments.

 

 

UPCOMING MEETINGS

1.     Wednesday, September 5th @ 6:00 p.m., Called Meeting for the 3rd Public Hearing for the Millage Rate and @ 6:30 p.m. the Adoption of the Millage Rate.

2.     Monday, September 17th @ 9:00 a.m. and Tuesday, September 18th @ 6:30 p.m., Regular BOC meetings have been cancelled

3.     Tuesday, September 25th at 6:30 p.m., Called Meeting

EXECUTIVE SESSION

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

 

(Executive Session was held.)

 

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

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

Workshop to Discuss SPLOST III Projects

          The Board conducted a workshop to discuss the SPLOST III Transportation Project List.  A project list was not finalized and the entire SPLOST III Project List will be voted on at a future meeting.

Called Meeting

          Commissioner Holder made the motion to hold a Called meeting on September 5th at 4:00 p.m. to continue the SPLOST III Projects; Commissioner Mathis seconded.  The motion carried unanimously.

Filing of an action to recover unpaid hotel/motel excise taxes

          Commissioner Mathis made the motion to amend the agenda to add and approve a resolution authorizing the filing of an action to recover unpaid hotel/motel excise taxes against a hotel located at 945 Highway 155 South, McDonough; Commissioner Stamey seconded.  The motion carried unanimously.

 

Adjournment

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

 

                                                          Jason T. Harper, Chairman

Shay Mathis, County Clerk