STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Regular Public Meeting at 6:30 p.m. on Tuesday, October 20, 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;  Mike Bush, Finance Director; Terry McMickle, Public Works Division Director; Michael Harris, Planning & Zoning Services Division Director; Jim Lubbering, 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 Bowman seconded.  The motion carried 5-0-0.

            The Board presented the following proclamation to JCPenney for their work with Senior Services:

WHEREAS, Mike Hall, Store Manager of the McDonough JCPenney Department Store, took the initiative and sought a way to help the senior population in Henry County; and

            WHEREAS, In 2007, JCPenney, Mr. Hall and Store Associates purchased, wrapped and delivered gifts to 100 seniors as part of Henry County’s “Adopt a Senior” Christmas program, which is sponsored by the Henry County Council on Aging and Henry County Senior Services; and

            WHEREAS, In 2008, they again opened their hearts to Henry County Seniors by “adopting” Grier Manor, a  subsidized housing establishment for senior adults, and providing a Christmas party and gifts for 250 seniors, including refreshments, handmade ornaments and entertainment; and

            WHEREAS, In appreciation of their dedication and compassion, JCPenney Store #2872, Store Manager Mike Hall and JCPenney Associates were nominated for and won the Metropolitan Partnership in Aging 2009 Business and Aging Overall Corporate Award, which is given to companies that develop exemplary public-private partnerships and programs to improve the quality of life for older adults;

            NOW, THEREFORE, BE IT PROCLAIMED that the Henry County Board of Commissioners expresses its sincerest appreciation to JCPenney Store #2872, Store Manager Mike Hall and the Store Associates for their hard work and dedication to the senior citizens of Henry County and for their generosity, compassion and tireless efforts to improve the quality of life for Henry County’s seniors.

Public Hearing for the purpose of approving modifications to a Lease-Purchase Agreement to reallocate a portion of the property subject to such contracts from Recreation Improvements at North Mt. Carmel Park to Recreation Improvements at Jonesboro Road Park

            Mike Bush, Finance Director presented the agenda item to the Board.  In March of 2006, the Board entered into a lease purchase agreement for park improvements at several parks.  Most improvements have been completed.  The request is to move a portion of the remaining money in the North Mt. Carmel Park account to the Jonesboro Road Park to build a track for the youth track program.

            Chairman Mathis called for public comments from anyone wishing to speak regarding this agenda item; there was no response.

            Commissioner Jeffares made the motion to approve the request; Commissioner Stamey seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, Henry County on or about March, 2008, entered into lease-purchase agreements with Citimortgage, Inc. with respect to lighting and other recreation improvements; and

WHEREAS, the Board of Commissioners of Henry County (the “Governing Body”) desires to authorize all required actions and documentation with respect to modifications to lease-purchase agreements with Citimortgage, Inc. to reallocate a portion of the property to be subject to such contracts, including reallocation from recreation improvements at North Mt. Carmel Park to recreation improvements at Jonesboro Road Park.

NOW, THEREFORE, BE IT RESOLVED, that the Governing Body, after public hearing, authorizes all required action and documentation as may be necessary or appropriate with respect to modifications to the lease-purchase agreements with Citimortgage, Inc. to reallocate a portion of the property to be subject to such contracts, including reallocation from recreation improvements at North Mt. Carmel Park to recreation improvements at Jonesboro Road Park.

Authorization to execute Settlement Closing Statements

            Roque Romero, Interim Transportation Project Director presented the agenda item to the Board.  SPLOST is responsible for acquisition of right-of-way and easements on all SPLOST funded transportation projects.  In the acquisition of the right-of-way and easements for SPLOST transportation projects a Settlement Closing Statement (HUD-1) is required.  The request is to grant authority to the County Attorney and the SPLOST Transportation Project Director to execute Settlement Closing Statements (HUD-1) for all SPLOST funded transportation projects.

            Commissioner Stamey asked who is handling this process now.  Ms. Latonya Wiley, County Attorney stated staff has been signing the documents.  There have been discussions regarding this process.  When property is condemned that action is approved by the Board but when property is acquired there’s not a resolution authorizing execution of the documents.  We need something formally in place to adhere to the practice that has been utilized. 

            Commissioner Holder made the motion to approve the request; Commissioner Stamey seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, Henry County SPLOST is responsible for acquisition of ROW & easements on all SPLOST funded transportation projects; and

 

          WHEREAS, in the acquisition of the ROW & Easements for SPLOST Transportation projects a Settlement Closing Statement (HUD-1) is required; and

 

WHEREAS, authorization is needed for the execution of Settlement Closing Statements (HUD-1) for all transportation projects in the SPLOST program; and

                                               

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners would approve that the Henry County Attorney and SPLOST Transportation Project Director shall have the authority to execute Settlement Closing Statements (HUD-1) for all SPLOST funded Transportation projects.

Bid for the construction of intersection improvements for SR 81 at Bethany Road

Roque Romero, Interim Transportation Project Director presented the agenda item to the Board.  State Route 81 at Bethany Road is a designated SPLOST III Transportation project.  Sealed Bids were solicited for the construction and intersection improvement.  Ten sealed bids were received and reviewed.  Staff recommends the low bidder, McCoy Grading, Inc., in the amount of $778,925.56.  Funding is available from the project account.  This project will also be receiving approximately $255,000 for State Aid that will come at a later date. 

Commissioner Holder asked if this is the first State Aid or transportation contribution that we’ve had along any State Route such as Highway 81 or Highway 42 from McDonough south, east, or west.  Mr. Romero stated it is probably the first one for SPLOST but Henry County has received some State Aid.  Mr. McMickle stated on the North Ola at Highway 81 project there was some State Aid funds.

Commissioner Stamey made the motion to approve awarding the bid to McCoy Grading, Inc. in the amount of $778,925.56; Commissioner Holder seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, SR81 @ Bethany Road is a SPLOST III Transportation project; and

            WHEREAS, sealed bids were solicited for the construction of an intersection improvement; and

            WHEREAS, fourteen (14) sealed bids were received and reviewed; and

            WHEREAS, funding for this project is available in the project account; and

WHEREAS, SPLOST recommends the low bidder, McCoy Grading, Inc., in the amount of $778,925.56; and

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners awards Bid Number SB-10-13-100909-1 to McCoy Grading, Inc. for construction of the intersection improvement of SR81 @ Bethany Road in the amount of $778,925.56.  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.

Lease Agreement with the Henry County Soccer Association for use of the soccer fields at North Mount Carmel Park

            Tim Coley, Director of Parks and Recreation presented the agenda item to the Board. When the new soccer complex is constructed at the North Mt. Carmel Park this lease agreement will allow the Soccer Association to apply for grants through the United States Soccer Association.  This is the same as an existing agreement with two changes.  The agreement states the Association has the right to close the fields due to inclement weather and saturated field conditions.  It also states the County has the right to close the fields during the off season for maintenance and repair.  The County shall coordinate with the Association prior to closing the fields.

            Commissioner Stamey asked if this was an annual lease agreement with an automatic renewal.  Mr. Coley stated there is a ten (10) year term with a one year automatic renewal. 

            Ms. Wiley stated one of the concerns the Association wanted the Board to be aware of and the reason they requested a longer term is they will be applying for grants and a requirement is for a long term lease agreement.  A successive term is all that the County can do as a governing body.  This was the best way to accommodate the Soccer Association concerns and comply with Georgia Law which requires the governing body not to enter into long term contracts of this nature.

            Chairman Mathis asked if there were termination provisions.  Ms. Wiley stated yes there are, within thirty (30) days notice either party can terminate the agreement with notice.

            Commissioner Bowman stated he would like to see, within the agreement, actual dates as to when the County would get the fields for maintenance and repair.  He would like for staff to have the opportunity to have the fields during a growing season for the grass.  Mr. Coley stated the provision regarding the time frame for maintenance and repairs states “the County shall reserve the right to close the fields during the off season for maintenance and repairs”.  It can be amended to say “the County shall reserve the right to close the fields from Memorial Day to August 1st”. 

            Ms. Wiley stated the County is agreeing to lease the soccer fields; the park will remain open and available for public use.  This is just to allow the Association to carry on its activities in an orderly fashion. 

            Commissioner Jeffares made the motion to approve the lease agreement; Commissioner Stamey seconded.  The motion carried 5-0-0 approving the following resolution:

            WHEREAS, a need exists to provide additional soccer facilities; and

            WHEREAS, the Henry County Soccer Association has been in existence since 1989; and

            WHEREAS, the Henry County Soccer Association provides a valuable public service to the citizens of Henry County by maintaining a sports program that benefits the youth of Henry County; and

            WHEREAS, the benefits of youth soccer include but are not limited to improving physical fitness and stamina, developing social traits such as discipline, teamwork, leadership, fairness and self-esteem; and

            WHEREAS, the Henry County Parks and Recreation Department recommends that the North Mount Carmel Park soccer fields (“the facilities”) be leased to the Henry County Soccer Association; and

            WHEREAS, the leasing of such facilities will aid the Henry County Soccer Association in acquiring grants that may be available to assist with construction or improving the facilities subject to the prior approval of Henry County Board of Commissioners.

            NOW THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners approves and authorizes the Chairman to execute the attached lease agreement with the Henry County Soccer Association for use of the soccer fields at North Mount Carmel Park.  All budget transfers and journal entries needed to account for this transaction are hereby approved by this resolution.

Public Hearing for the purpose of adopting the annual update to the Short Term Work Program and Capital Improvements Element

            Stacey Jordan, Planning and Zoning Department presented the agenda item to the Board.  The Georgia Department of Community Affairs has approved Henry County’s annual update to the Short Term Work Program.  A copy of the adoption resolution must be presented to the Department of Community Affairs before October 31st so that Henry County can maintain its Qualified Local Government status.

            Chairman Mathis called for public comments from anyone wishing to speak regarding this agenda item; there was no response.

            Commissioner Stamey made the motion to adopt the Short Term Work Program and Capital Improvement Element; Commissioner Bowman seconded.  The motion carried 4-0-0 approving the following resolution (Commissioner Holder was not present during the vote for this agenda item):

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

            WHEREAS, the annual update of the Short Term Work Program and Capital Improvements Element was prepared in accordance with the Development Impact Fee Compliance Requirements and the Minimum Planning Standards and Procedures for Local Comprehensive Planning established by the Georgia Planning Act of 1989, as amended and as determined by that letter from the Georgia Department of Community Affairs dated September 14, 2009; and

            WHEREAS, a Public Hearing was held on October 20, 2009, at the Henry County Administration Building

            NOW THEREFORE BE IT RESOLVED that the Henry County Board of commissioners does hereby adopt the annual update of the Short Term Work Program and Capital Improvements Element covering the five-year period 2009-2013.

Downeast Builders of Conyers, GA – MC-09-03

            Ray Gibson, Director of Planning and Zoning presented the agenda item to the Board.  The request is for a modification to zoning conditions for property located on the north side of Jonesboro Road, just north of Farmer Drive in Land Lot 108 of the 6th District (Holly Ridge Subdivision).  The applicant is requesting to modify condition number 6 of the approved rezoning (RZ-04-50) to allow for front-entry garages, as the condition currently only permits side-entry garages.  Due to the popularity of the larger home that Crown Communities is offering within the subdivision, there were issues with the side entry garage requirements.  The new modified condition would read “Front-entry and side-entry garages shall be permitted throughout the subdivision”.  Staff recommended approval of the request.

            Commissioner Basler asked if the larger home had been built within the subdivision already.  Mr. Gibson stated the Planning & Zoning Department and the Development Plan Review Department have given some administrative variances to build the larger home.  The applicant would like the option to build either side entry or front entry garages.

            Tracy Fields was present to represent the applicant. 

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

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

            Commissioner Jeffares made the motion to approve the request for a modification of condition #6; Commissioner Bowman seconded.  The motion carried 4-0-0 approving the following resolution (Commissioner Holder was not present for the vote):

WHEREAS, Downeast Builders, Inc. of Conyers, Georgia (MC-09-03) requested a modification of zoning conditions (Conditions 6) placed on the request by the Board of Commissioners on December 7, 2004. The property is located on the north side of Jonesboro Road, just north of Farmer Drive, in Land Lot 108 of the 6th District (Holly Ridge Subdivision), consisting of 26.69 +/- 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

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the modification of condition number 6 of rezoning RZ-04-50 as follows:

6.   Front-entry and side-entry garages shall be permitted throughout the subdivision.

North Henry Baptist Church, Inc. of Stockbridge, GA – RZ-09-07

            Ray Gibson, Director of Planning and Zoning presented the agenda item to the Board.  North Henry Baptist Church, Inc. requests a rezoning from RA (Residential-Agricultural) to C-2 (General Commercial) for property located on the southwest corner of Old Conyers Road and Flat Rock Road in Land Lot 96 of the 12th District.  The request is for a retail/commercial development.

            Commissioner Bowman stated after review and discussion of the information, it appears the site plan has been submitted without showing a building and parking spaces.  Commissioner Bowman made the motion that this item be tabled and brought back to the Zoning Advisory Board and then to the Board of Commissioners with no fees for the applicant; Commissioner Basler seconded.

            Commissioner Holder asked what date this item would come back to the Board.  Mr. Gibson stated it would be brought back to the Zoning Advisory Board (ZAB) on December 8th and it would either be the second Tuesday meeting in December or the second Tuesday meeting in January that it would be brought back before the Board of Commissioners. 

            Commissioner Bowman asked if it was necessary, in order to comply with the Ordinance that it go back to the Zoning Advisory Board.  Latonya Wiley, County Attorney stated that staff made the determination that what the applicant submitted was sufficient.  If the Board wanted to table this item and have a site plan submitted it wouldn’t have to go back to the Zoning Advisory Board for the Board of Commissioners to consider the request. 

            Mr. Andy Welch, Smith Welch and Brittain, represented the applicant for the request.  Mr. Welch stated he would like for the request to be heard as soon as possible.

            Mr. Gibson stated if the application didn’t meet the Code when it went before the Zoning Advisory Board, why would the Zoning Advisory Board be bypassed and the request come to the Board of Commissioners.  Mr. Michael Harris, Planning and Zoning Services Division Director stated when the request was originally brought before the ZAB it was staff’s interpretation that the request did meet the code and Mr. Gibson’s question is if it did not meet the Code should this request go back through the full process or not.  Commissioner Holder stated at the advice of the County Attorney it is not necessary.

            Mr. Welch stated he believed a site plan has followed the application.  There is some question regarding what the Ordinance says and what the site plan must contain.  The applicant believes they complied with the Ordinance upon application.  The applicant acknowledges that in the recommendation made by the ZAB they recommended that the size of the property be reduced.  The property was reduced to 7.8 +/- acres.  The 7.8 +/- acres was not the full site plan that was submitted.  The ZAB made a recommendation based upon the site plan that was submitted with the application and that site plan was in compliance with the Ordinance.  Because of the change made by the ZAB to reduce the acreage, it is conceivable that someone would want to see a site plan on the 7.8 +/- acres.  That is the only change to the application and it was changed at the request of the ZAB.

            Mr. Harris stated if this item is brought back to the County Commissioners, he didn’t think it would have any contradictory effect from what the ZAB has done.  Commissioner Bowman stated on the original site plan it shows buildings and what will be on the site.  The intention of the applicant at first was to rezone the entire site.

            Ms. Wiley stated the Zoning Advisory Board is a recommending body the Board of Commissioners makes the ultimate decision.  If it’s the Board of Commissioners desires to see a site plan on the smaller site that is subject to the rezoning, that would not require for this item to be resubmitted to the Zoning Advisory Board for that purpose.

            Commissioner Bowman amended the motion to have this item advertised and brought back to the Board of Commissioners at the 6:30 p.m. meeting in November; Commissioner Basler amended his second.  The motion carried 5-0-0.

Joint Parameters Resolution authorizing issuance of Henry County and Henry County Water and Sewerage Authority Revenue Refunding Bonds, Series 2009

            Tom Owens, Vice President of Morgan Keegan & Company, Inc. presented the agenda item to the Board.  Chairman Mathis stated a presentation was made at the October 19th meeting on a joint resolution between Henry County and Henry County Water and Sewerage Authority to reissue these bonds at a potential savings at a lower interest rate.  The bond terms will remain the same as the current bonds that are in affect.  The item was tabled to give the Board members the opportunity to review the resolution and documentation. 

            Commissioner Holder made the motion to approve the resolution; Commissioner Stamey seconded.  The motion carried 5-0-0.

Approval of Minutes

            Commissioner Holder made the motion to approve the September 8th minutes; Commissioner Bowman seconded.  The motion carried 4-0-0 (Commissioner Jeffares was absent for this meeting).  Commissioner Stamey made the motion to approve the September 14th, 15th, and 30th minutes; Commissioner Jeffares seconded.  The motion carried 5-0-0.

County Manager Comments

            There were no comments.

County Attorney Comments

            There were no comments.

 

Pubic Comments

            Mr. Bill Consolie, a resident of the County  spoke regarding a rezoning request by North Henry Baptist Church, Inc. of Stockbridge, GA (RZ-09-07).

Upcoming Meetings

1.      Thursday, October 22nd at 11:00 a.m. a Joint Meeting with the Henry County Water and Sewerage Authority.  The meeting will be held at the Tussahaw Water Treatment Plant located at 199 Preservation Drive, Jackson, Georgia.

2.      Monday, November 2nd at 9:00 a.m. a Workshop Meeting and Tuesday, November 3rd at 9:00 a.m. a Regular Board Meeting.

Commissioner Bowman made the motion to cancel the Monday, November 02, 2009 Workshop meeting; Commissioner Holder seconded.  The motion carried 5-0-0.

3.      Monday, November 16th at 9:00 a.m. and Tuesday, November 17th at 6:30 p.m. are Regular Board Meetings.

Executive Session

No Executive Session was held

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

 

                                                                        Elizabeth “BJ” Mathis, Chairman

 

Shay Mathis, County Clerk