STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

 

The Henry County Board of Commissioners held a regularly scheduled Public Meeting at 9:00 a.m. on Tuesday, October 2, 2006, 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, presiding

            Gerry Adams, Vice-Chairman, District IV Commissioner (absent)

            Warren E. Holder, District I Commissioner

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

            Randy Stamey, District III Commissioner

            Lee Holman, District V Commissioner

 

Also attending were Rob Magnaghi, County Manager; Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; LaTonya Wiley, Deputy County Attorney; 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; 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 adding two items, Handout 2 – bid award for the purchase of fitness equipment for use at Moseley Park; Handout 3 – bid award for the construction of an Event Center at Heritage Park; Commissioner Holman made the motion to approve the Amended Agenda; Commissioner Stamey seconded.  The motion carried unanimously.

 

The Chairman and the Board presented the following proclamation:

 

A PROCLAMATION

IN APPRECIATION OF THE

SOUTHERN CRESCENT HABITAT FOR HUMANITY

 

 

Whereas, Habitat for Humanity is a non-profit ministry dedicated to providing the emotional and financial benefits of homeownership to responsible, low-income families;

 

Whereas, earning a Habitat for Humanity House is about achieving the American Dream, where parents can provide a stable environment for their family and children can stay in the same school, play in the same parks, and develop lasting friendships;

 

Whereas, home ownership strengthens the local economy through a stable workforce and encourages a greater involvement in the community; 

 

Whereas, Habitat for Humanity serves as a catalyst that creatively combines the financial and human resources of individuals, community churches, businesses, schools, and civic organizations to create a positive impact on our community;

 

Whereas, businesses, churches and civic groups in Henry County will have the opportunity to partner with Southern Crescent Habitat for Humanity this fall to build a Habitat home in Henry County for a Henry County family;

 

Whereas, this Habitat project will, for the first time ever, be constructed entirely using materials, contractors and volunteers from within the community in which it will be located, thus highlighting the tremendous spirit of generosity and community service that exists in Henry County;

 

Now, therefore, be it proclaimed that the Henry County Board of Commissioners wishes to express its appreciation to Southern Crescent Habitat for Humanity for helping a Henry County family to achieve the American Dream of homeownership and assisting Henry County in its ongoing efforts to encourage a stronger sense of community and improve our local economy.

 

The Chairman and the Board presented the following Proclamation to the employees that were instrumental in the renovation of the Community Room:

 

A Proclamation Honoring the Henry County Employees

Responsible for the Renovation of the

Henry County Community Room

 

 

Whereas, the Henry County Board of Commissioners wished to renovate the Henry County Community Room in order to create a more stately, professional

environment in which to conduct the business of the County, as well as to make it conducive for television broadcasts;

 

Whereas, the Communications Department was challenged with the task of developing a room that would enhance the meeting process and provide for broadcast capabilities through improved layout and design, upscale materials, and expanded use of technology;

 

Whereas, the entire renovation was completed in-house by Henry County’s Facilities Maintenance Department, from installing the flooring and wiring for new equipment to constructing the new Commissioners’ bench, double podium, and director’s seating area, saving the County thousands of dollars;

 

Whereas, employees representing the offices of Planning & Zoning, the County Clerks, and the County Manager collaborated on the project to ensure an end product that would achieve the goals of the Commissioners while improving functionality and efficiency for the good of the public;

 

Now, therefore be it proclaimed that the Henry County Board of Commissioners wishes to express its appreciation to these employees and departments for their hard work, dedication and collaboration resulting in a distinguished Community Room the citizens of this county can be proud of and a functionality that ultimately enhances the meeting process while making local government more accessible to the people of Henry County.

 

Two Certificates were also presented to Chris Painter and Joel Wilkerson for going beyond the call of duty and all of their hard work.

 

Appointment to the Board of Assessors

 

This item was by-passed.

 

PUBLIC SAFETY DIVISION

 

Bid to Purchase of In-Car Rear Mirror Video System for Police Cars

 

            This is request to purchase 10 in-car video cameras for police cars.  The intent is to transition to digital video which can be electronically stored; therefore, not using additional storage space.  Additionally, the video can be emailed to the prosecutor, courts and other requesting parties, cutting down on man hours spent transporting tapes.

 

            Commissioner Mathis made the motion to award the bid to Security Technology Systems in the amount of $44,650.00; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

 

Resolution of the Henry County Board of Commissioners pertaining to the

Purchase of In-Car Rear Mirror Video Systems for the Police Department

 

WHEREAS, sealed bids were solicited for the purchase of In-Car Rear Mirror Video Systems for the Henry County Police Department;

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

WHEREAS, funds are available from the Small Equipment to complete this purchase; and

WHEREAS, Security Technology System’s bid in the amount of $44,650.00 meets bid specifications and is recommended by departmental personnel.

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the bid for the purchase of In-Car Rear Mirror Video Systems for the Police Department to Security Technology System in the amount of $44,650.00 and authorizes the Chairman to sign all necessary documents to accomplish this purchase.

 

 

            Authorization to accept a Department of Justice Grant for the purchase of Digital Cameras for the Police Department

 

            Henry County has received a grant from the Edward Byrne Memorial Justice Assistance Grant Program.  This is a federal grant in the amount $12,423.00.  The grant funds will be used to purchase digital cameras and equipment, which will replace the 35mm models currently being used.  There is no local match to receive the funds.

 

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

 

A Resolution for the purpose of Authorizing the Acceptance of a Department of Justice Grant for the Purchase of Digital Cameras for the Police Department

 

WHEREAS, the Henry County Police Department seeks to improve its performance in collecting photographic evidence to sustain officers in fighting criminal activities; and

 

WHEREAS, the Department currently uses 35mm cameras, which are hampered by film and film development restrictions; and,

 

WHEREAS, digital cameras will allow officers to obtain photographic evidence immediately and the digital images can be immediately printed on department computers; and,

 

WHEREAS, the Department of Justice has approved a grant of $12,423.00 for the purchase of the digital cameras and equipment for the Henry County Police Department; and,

 

WHEREAS, there are no matching funds required for this grant;

 

NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners authorizes the acceptance of a Department of Justice grant for the purchase of digital cameras for the Henry County Police Department.

 

            Authorization to accept a grant from the Children and Youth Coordinating Council to support the gender program of the Henry County Juvenile Court

 

            This is the third year for receiving funding for this program. The request is to continue this program as is and add additional components to the program.  The grant award is $16,385 with a local match of $4,900 which is included in the budget for Juvenile Court.

 

            Commissioner Mathis made the motion to approve the acceptance of the grant: Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

 

Resolution Authorizing the Acceptance of a Grant from the Children and Youth Coordinating Council to support the Gender Program of the Juvenile Court

 

WHEREAS, the Henry County Juvenile Court has been providing successful Gender Programs within Henry County for two years; and

WHEREAS, the Children and Youth Coordinating Council has provided grant funding in the amount of $16,385 to continue the Gender Program for an additional year; and,

 

WHEREAS, Henry County’s Juvenile Court, in anticipation of this grant award, budget the 30% required match, $4,900, in FY 2006-2007 budget; and,

 

WHEREAS, the Gender Program will provide training and assistance in the area of family violence, risk behavior reduction, dependency, and breaking the cycle of poverty;

 

NOW, THEREFORE, BE IT RESOLVED, The Henry County Board of Commissioners approves and accepts grant application to the Children and Youth Coordinating Council for the purpose of the Henry County Outreach Programs and authorizes the transfer and expenditure of matching funds requested in the amount of $4,900.00 necessary to obtain the grant. Further, the Board hereby authorizes the Chairman to sign all necessary documents to accomplish this purpose.

 

            Request approval of an ordinance to establish a Historic Preservation Board

 

            Stacy Jordan, Executive Assistant to the Board of Commissioners for Economic and Planning Development, stated the county is in need of a Historic Preservation Board.  There are several properties that may be eligible for designation on either the State /National Registry or with Local Designation.  According to the Tax Assessors Office there are over seventeen hundred properties within unincorporated Henry County that are over 50 years old.  The ordinance presented will establish a Historic Preservation Board.  After the Historic Preservation Board is appointed they will designate the historic districts as well as individual properties and also maintain abandoned cemeteries. 

 

            Ronnie Owens, Flippen Historical Society, stated he became interested in historic preservation when he purchased a 100 year old house in a charming community.  He wanted to restore it and locate his business there.  Within the last six years there have been threats communities to develop property near 100 year old homes.  Ronnie stated he contacted the Georgia Alliance on Preservation Commission to learn about Historic Preservation.  This commission has worked with counties and municipalities to adopt similar ordinances.  A preservation ordinance is local legislation to protect historic properties from construction and insensitive rehabilitation.  Mr. Owens discussed further the advantages of having a historic district and the responsibilities of the Historic Preservation Board.

 

            After discussion of concerns and revisions of the ordinance by the Board, Commissioners Stamey made the motion to table this request for 30 days; Commissioner Holman seconded.  The motion carried unanimously.

 

           

 

 

 

 

 

PUBLIC WORKS DIVISION

 

Bid regarding repairs on the undercarriage of a Caterpillar Track Loader          

 

            Commissioner Stamey made the motion to award the bid to Scorpion Equipment Company in the amount of $12,515.00; Commissioner Holman seconded.  The motion carried unanimously approving the following resolution:

 

Resolution pertaining to the purchase of Caterpillar Undercarriage repairs

 for the Fleet Services Department

 

WHEREAS, sealed bids were solicited for the purchase of repairs on the undercarriage of a Caterpillar Model 963B for the Henry County Fleet Services Department;

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

WHEREAS, funds are available from the Parts and Repair account to complete this purchase; and

WHEREAS, Scorpion Equipment Company’s bid in the amount of $12,515.00 meets bid specifications and is recommended by departmental personnel.

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the bid for the purchase of Caterpillar Undercarriage repairs for the Fleet Services Department to Scorpion Equipment Company in the amount of $12,515.00 and authorizes the Chairman to sign all necessary documents to accomplish this purchase.

 

            Bid award for the purchase and installation of one utility truck body

 

            Commissioner Holder made the motion to award the bid to Fontaine Truck Equipment Company in the amount of $18,225.37; Commissioner Holman seconded.  The motion carried unanimously approving the following resolution:

 

Resolution pertaining to the purchase of one (1) Utility Truck Body

for the Fleet Services Department

 

WHEREAS, sealed bids were solicited for the purchase and installation of a utility truck body for the Fleet Services Department; and,

WHEREAS, four (4) vendors submitted bids for this purchase, as indicated on attached bid tab; and,

WHEREAS, funds are available in the Capital Equipment account to complete this purchase; and

WHEREAS, departmental personnel recommend award to Fontaine Truck Equipment Company as the low bidder and meeting bid specifications.

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the bid for the purchase and installation of one (1) utility truck body to Fontaine Truck Equipment Company in the amount of $18,225.37; the body shall be installed on an existing County-owned vehicle.  The Chairman is authorized to sign all necessary documents to accomplish this purchase.

 

            Bid Award to purchase Corrugated Metal Drainage Pipe

           

Commissioner Holman made the motion to award the bid to Southeast Culvert in the amount of $12,686.10; Commissioner Mathis seconded.  The motion carried 4-1-0 with Holman, Mathis, Stamey and Harper in favor and Holder opposed.  The following resolution was approved.

 

Resolution pertaining to the purchase of Corrugated Metal Pipe

For the Storm Water Department

 

WHEREAS, sealed bids were solicited for the purchase of galvanized corrugated metal pipe for the Storm Water Department; and,

WHEREAS, four (4) vendors submitted bids for this purchase, as indicated; and,

WHEREAS, funds are available in the Storm Water repairs & maintenance account to complete this purchase; and

WHEREAS, departmental personnel recommend award to Southeast Culvert as low bidder meeting specifications.

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the bid for the purchase of corrugated metal pipe to Southeast Culvert in the amount of $12,686.10 and authorizes the Chairman to sign all necessary documents to accomplish this purchase.

 

            PLANNING AND DEVELOPMENT DIVISION

 

            Frank Potts of Jonesboro, GA – MC-06-07 – District V

 

Frank Potts of Jonesboro, GA requests a modification for a zoning condition for property located on the west side of Crumbley Road, south of Kellytown Road, known as the Crumbley Estates Subdivision.  The property is located in Land Lot 42 of the 11th District, consisting of 35.95+/- acres.  The request is to modify a zoning condition regarding street pavement.  The Zoning Advisory Board recommended approval.

The Chairman announced that Commissioner Stamey would be abstaining from consideration of this item.

The request is for modification of condition number twelve that reads as follows:

12.  During initial construction of the subdivision, the road shall be surfaced to within one and a half inches of completion.  At the time 75 percent of the homes to be constructed are completed, the final one and half inches of surface (asphalt, concrete, etc.) shall be applied in accordance with applicable industry standards:

Staff’s interpretation of this condition regarding street paving was that the applicant would do the 6” aggregate base and a 2” asphalt toping.  When seventy-five percent of the subdivision was completed, an additional 1 ˝” of asphalt paving would be added.

The contractor for this subdivision was not aware of the condition and paved the road with 6” of aggregate base and 2” of asphalt, which meets the current county standards.  By adding the additional 1 ˝” of asphalt, the contactor would have to raise the level of the road, which would create an area for holding water.

Commissioner Holman made the motion to approve the request to modify a zoning condition by eliminating condition number twelve; Commissioner Holder seconded.  

Terry McMickle stated currently there’s discussion to change the requirements for residential subdivision streets.  He stated the smaller subdivisions do not warrant the 6, 2, 1˝. This subdivision has approximately forty lots or less, there is sufficient paving that will not create a problem. 

The motion passed 3-0-1 with Holman, Holder and Mathis in favor and Stamey abstained.  The following resolution was approved.

Resolution approving a Modification to a Zoning Condition

 WHEREAS, Triad Development c/o Frank Potts of Jonesboro, Georgia (MC-06-07) applied for a modification to a zoning condition regarding property rezoned by the Board of Commissioners on August 5, 2003 (RZ-02-43), for property located on the west side of Crumbley Road, south of Kelleytown Road, known as the Crumbley Estates Subdivision (Parcel ID Number 117-03-007-001), in Land Lot 42 of the 11th District, consisting of 35.95+/- acres.

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, condition number 12 (RZ-02-43) read as follows:

12.  During initial construction of the subdivision, the road shall be surfaced to within one and a half inches of completion. At the time 75 percent of the homes to be constructed are completed, the final one and a half inches of surface (asphalt, concrete, etc.) shall be applied in accordance with applicable industry standards; and

WHEREAS, the applicant seeks to modify the condition by eliminating condition number 12; and

WHEREAS, the Henry County Zoning Advisory Board has reviewed and recommended approval of the request on August 24, 2006 to remove zoning condition number 12.

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the request to modify a zoning condition by eliminating zoning condition number 12.

           

            Eugene and Jeanette Laabs of McDonough – RZ-06-25 – District III

Eugene and Jeanette Laabs of McDonough, GA requests a rezoning from RA (Residential Agricultural) to C-3 (Heavy Commercial) for property located on Highway 155, west of Crumbley Road and southeast of Jones Road.  The property is located in Land Lot 7 of the 7th District, consisting of 8.218 +/- acres.  The request is for a commercial office and retail development.  The Zoning Advisory Board recommended DENIAL of C-3 and recommended APPROVAL of C-1 & OI.

            Based on the recommendation from the Zoning Advisory Board the site plan was revised to include C-2 (for tract A) and OI (for tract B).  The request for rezoning was modified from 8.218 acres to 8 acres, with 16 conditions being proposed.  The applicant will have to apply for a conditional use to operate a plant nursery on the property.

            The Chairman called for any opposition to the request; there was no response.

            Wanda Moore, representative for the applicant, stated the applicant was in agreement with C-2 and OI.

            Commissioner Stamey made the motion to deny the request for C-3 (Heavy Commercial) and approve C-2 (General Commercial) for Pod A and OI (Office/Institutional) for Pod B with sixteen conditions; Commissioner Holman seconded. 

            Commissioner Stamey amended the motion to include per the plat reviewed and presented by staff; Commissioner Holman amended the second.  The motion carried unanimously approving the following resolution:

Resolution Approving a Rezoning Request

WHEREAS, Eugene and Jeanette Laabs c/o Bill Thompson of McDonough, GA (RZ-06-25) applied to rezone the subject property from RA (Residential Agricultural) to C-3 (Heavy Commercial) for the development of a commercial business park, consisting of retail and office uses.  The property is located on Highway 155 North, west of Crumbley Road and southeast of Jones Road (Parcel ID Number 103-02-036-002) in Land Lot 7 of the 7th District, consisting of 8.0+/- 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

WHERAS, the Henry County Zoning Advisory Board reviewed and recommended denial of C-3 and approval of rezoning the property from RA (Residential Agricultural) to C-1 (Neighborhood Commercial) for parcels abutting Highway 155 and OI (Office/Institutional) for parcels located on the eastern portion of the property on July 13, 2006.

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners denies the C-3 (Heavy Commercial) zoning request and approves a rezoning on the subject property from RA (Residential Agricultural) to C-2 (General Commercial) and O/I (Office Institutional) based on the survey plat prepared by DWSmith Design Group, Inc. and dated September 28, 2006.  The following sixteen (16) zoning conditions shall apply to this approval:

1.       All building exteriors shall be constructed of brick, stucco, stone or any combination thereof.

 

2.       The roof and roofline shall provide a change in height for every one hundred (100) linear feet of building length.

 

3.       The massing of building facades longer than 150 feet shall be modulated to increase visual interest.  Building facades shall contain modulations at intervals no greater than 100 feet in length.

 

4.       All loading dock areas shall be screened from view from the adjacent properties and from the public right-of-way.

 

5.       Dumpsters shall be placed on concrete pads and enclosed; the enclosure shall be constructed of brick, stone, or stucco or any combination thereof provided it is consistent with the primary structure and shall not exceed eight (8’) feet in height. A door shall be required to enclose the unit. 

 

6.       The Department of Development Plan Review shall approve the architectural design of all proposed building plans prior to issuance of a building permit.

 

7.       A detailed landscaping plan shall be submitted. The Department of Development Plan Review shall have final approval of the plan prior to issuance of any permits.

 

8.       Landscaping shall exceed the minimum requirements of the Ordinance by including landscaping throughout the entire site and be replaced with the following should they expire.

 

a.                   One (1) tree, minimum height of 10 feet, shall be planted along all road frontage, as in accordance with the Henry County Ordinance.

b.                   A detailed landscape plan shall be submitted to and reviewed by the office of Development Plan Review in accordance with the requirements for landscaping of development standards with Article XI-A. All road frontage along Highway 155 shall be landscaped with sod, trees, and raised beds.  All beds will be terraced with brick or stone or a combination of for retention and planting.  In areas where the slope is greater than 15 degrees, privacy fencing shall be no less than six (6’) feet, but no more than eight (8’) feet in height and be constructed with pillars made of brick, stone or combination thereof with eight (8’) foot sections of non-wood, maintenance-free materials.

c.                   The following minimum number of plants shall be required for each 40 feet or portion thereof of the required property buffers:

i.                     One Canopy tree, 10 feet tall

ii.                   One Evergreen, 5 feet tall

iii.                  One Understory tree, 5 feet tall

iv.                 5 Shrubs

1.       3 flowering

2.       2 evergreen

 

9.       An underground detention area shall be designed to serve the entire development.

 

10.   There shall be stub-outs for interconnectivity to adjacent commercial property, if warranted. The undisturbed buffers associated with the subject property may be disturbed in order to construct the stub-outs.

 

11.   An exterior lighting plan shall require all lighting to be of moderate brightness and consist of downcast lighting.

 

12.   A Master Sign Plan Agreement shall be prepared and approved by the Planning & Zoning Department.

 

13.   There shall be no access from Crumbley Road other than for emergency vehicles.

 

14.   If access is granted from State Route 155, an acceleration taper and deceleration lane shall be required at each entrance to the development.

 

15.   The Applicant shall apply to the Zoning Advisory Board and obtain approval for a conditional use before a nursery can be located on the subject property.

 

16.   Notwithstanding anything to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in such a manner as to require any violation of any existing building, development, stormwater and/or any other applicable codes.

 

APPROVAL OF MINUTES

            September 14, 2006 Board of Commissioners/Board of Education meeting – Commissioners Mathis made the motion to approve; Commissioner Stamey seconded.  The motion carried unanimously.

            September 18, 2006 and September 19, 2006 Regular Board of Commissioner meeting – Commissioner Mathis made the motion to approve; Commissioners Stamey seconded.  The motion carried unanimously.

SPLOST/CAPITAL PROJECTS

            Bid award and budget amendment for the construction of an Event Center at Heritage Park

            Heritage Park Event Center is a designated SPLOST II project.  Two sealed bids were received for this project.  Staff recommended the low bidder, Ordner Construction Company in the amount of $2,911,963.00.  A budget amendment is needed to cover the increased construction and related cost.

            Commissioner Stamey made the motion to award the bid to Ordner Construction Company in the amount of $2,911,963; Commissioner Mathis seconded.  The motion carried unanimously.

            Commissioner Stamey amended the motion to include approval of the requested budget amendment; Commissioner Mathis amended the second.  The motion carried unanimously approving the following resolution:

 

 

SPLOST Resolution for a Budget Amendment and Award of a Bid for the Construction of an Event Center at Heritage Park

 

WHEREAS, Heritage Park Event Center is a designated SPLOST II project; and

WHEREAS, sealed bids were solicited for the construction project; and

WHEREAS, the SPLOST Management Division received two (2) sealed bids for these projects; and

WHEREAS, a budget amendment is needed to cover the increased construction and related cost in the amount of $1,317,500.00 making the total project $ 3,817,500.00; and

WHEREAS, funding is available through several sources based upon estimates of total construction cost; and

WHEREAS, the SPLOST Management Division recommends the low bidder, Ordner Construction in the amount of $2,911,963.00; and

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a budget amendment, awards the proposal of Ordner Construction and authorizes the Chairman of the Board to sign all necessary documents for the construction of Heritage Park Event Center. All budget amendments and or transfers necessary for proper accounting of this resolution will hereby be approved.

 

            Bid award for the purchase of fitness equipment for use at Moseley Park Activity Center

            Only one bid was received from Metro Sports & Fitness Depot in the amount of $15,084.00.

            Commissioner Holman made the motion to award the bid to Metro Sports & Fitness Depot in the amount of $15,084.00; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

SPLOST Resolution to a Award a Bid for the purchase of Fitness Equipment

at the Moseley Park Activity Building

 

WHEREAS, sealed bids were submitted for the purchase of fitness equipment for use at Moseley Park Activity Center; and

 

WHEREAS, SPLOST Management received only (1) one lone bid for the equipment; and

 

WHEREAS, SPLOST Management recommends that the Board award the bid to Metro Sports & Fitness Depot in the amount of $15,084.00; and

 

WHEREAS, funding for the equipment is covered under the FFE budget of this project; and

                                                           

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the bid proposal of Metro Sports & Fitness Depot in the amount of $15,084.00,                              and authorizes the Chairman of the Board to sign all necessary documents for the purchase of fitness equipment.

 

COUNTY ATTORNEY

 

Annexation – City of Locust Grove

            The following annexation request was presented to the Board; no change of zoning was requested.

Willie Wilson Johnston Flake A/K/A Billie Hanson Flake – 25.89 acres located on South Bethany Road in Land Lot 218 of the 2nd District

            Annexation – City of Locust Grove

            The following annexation request was presented to the Board at the September 5, 2006 meeting; the applicant has requested a change in zoning from RA to R-1 and also a conditional use was requested for CRS (Conservation Residential Subdivision)

HLC Enterprises, LLC seeks rezoning from RA to R-1 and a companion request for conditional use for CRS (Conservation Residential Subdivision).The site consists of 32.79 acres and is located in Land Lot 195 of the 2nd District, on the south side of Peeksville Road, west of South Ola Road.  The request is for a conservation residential subdivision.  This site lies within the Tussahaw Watershed Protection District within the City of Locust Grove. (The annexation was presented at the Sept. 5, 2006 BOC Meeting) (Handout #1)

            Commissioner Holder recused himself from the discussion of this item.

            The 32.79 acres is a portion of a larger tract that is subject to a rezoning request with the City of Locust Grove.  According to the Service Delivery Strategy Agreement when Cities rezone property within a year of annexation they, must notify the Board for an opportunity to object.  The proposal on the 32.79 acres is for 116 units (3.6 units per acres) and according to the Service Delivery Strategy Agreement, any single-family rezoning up to 3.6 acres, would not be objectionable; this criterion has been met. 

            Commissioner Mathis stated, in a watershed area, the development (conservation development) is limited to one unit per acre.  Staff concurred. Commissioner Mathis stated the Board should object to protect the drinking water.

            Commissioner Mathis made the motion to file an objection to this request based on the watershed protection ordinance; Commissioner Holman seconded.  The motion carried 3-0-0 with Mathis, Stamey and Holman voting in favor; Holder recused himself from the discussion of this item.

            Approval to dispose of a portion of Industrial Parkway pursuant to O.C.G.A. § 32-7-4

            On June 20, 2006 the County abandoned a portion of Industrial Parkway, the next step is to convey the title to the old right-of-way to adjoining landowners.  This is done by offering the adjoining landowners the opportunity to purchase the old right-of-way at the fair market value. 

            The property was appraised, at the request of the adjoining landowners, by McColgan & Company, for the adjoining landowners, in the amount of $35,100. 

            Commissioner Mathis made the motion to hire an appraiser for an appraisal of the property; Commissioner Holman seconded.  The motion carried unanimously.     

PUBLIC COMMENTS

            There were no public comments.

UPCOMING MEETINGS

Monday, October 16th @ 9:00 a.m. & Tuesday, October 17th @ 6:30 p.m.

Monday, November 6th @ 9:00 a.m. & Tuesday, November 7th @ 9:00 a.m.

Monday, November 20th @ 9:00 a.m. & Tuesday, November 21st  @ 6:30 p.m.

The chairman announced there would not be a meeting on October 3, 2006.

EXECUTIVE SESSION:

 

Commissioner Mathis made the motion to adjourn into Executive Session at 10:00 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 Holman made the motion to reconvene into Public Session: Commissioner Mathis seconded. The motion carried unanimously.

 

Commissioner Holman made the motion to recess the meeting until 1:30 p.m.; Commissioner Mathis seconded.  The motion carried unanimously

 

 

                                    (The Board was in recess.)

 

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

 

Commissioner Holman 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 Holder seconded.  The motion carried unanimously

 

 

                                    (An Executive Session was held.)

 

Commissioner Stamey made the motion to reconvene into Public Session: Commissioner Mathis seconded. The motion carried unanimously.

 

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 Mathis made the motion to amend the agenda and authorize the acquisition of 4.07 +/- acres of land, more or less, and 1.01 acres of permanent construction easement, more or less, and 1.12 acres of temporary construction, more or less, in Land Lots 182, 203 and 204 of the 2nd District, Henry County, Georgia, by negotiated contract or condemnation pursuant to provisions of O.C.G.A Section 32-3-4 through 32-3-19; Commissioner Holman seconded.  The motion carried unanimously.

 

            Commissioner Holman made the motion to amend the agenda and approve a purchase agreement (McDonough By-Pass Right of Way) with Kirkland Road, LLC and Crown Properties, Ltd; Commissioner Holder seconded.  The motion carried 3-0-1 with Mathis, Holder and Holman in favor; Stamey abstained.

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

 

 

                                                            Jason T. Harper, Chairman

 

 

Shay Mathis, County Clerk