The Henry County
Board of Commissioners held a Called Public Meeting at 10:00 a.m. on Wednesday,
December 9, 2009, in the Community Room,
Reid A. Bowman, Vice-Chairman, District IV Commissioner
Warren E. Holder, District I Commissioner
Randy Stamey, District III Commissioner
Johnny B. Basler, District V Commissioner
Not present was:
Rick Jeffares, District II Commissioner
Also attending were Shay Mathis, County Clerk; LaTonya Nix-Wiley, County Attorney; Phyllis Shrader, Interim 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
Chairman Mathis called the meeting to order and called for an approval of the agenda. Commissioner Stamey made the motion to approve the agenda; Commissioner Basler seconded. The motion carried 4-0-0.
Authorization to enter into an agreement for the purpose of acquiring regional GIS Color Imagery
Harris, Planning and Zoning Services Division Director and Pat Delk, GIS
Director presented the agenda item to the Board. Last month there was a request for
authorization to sign a letter of intent to enter into an agreement with the
Atlanta Regional Commission (ARC) for a cooperative joint contract with other
jurisdictions in an effort to reduce the cost for aerial photography. Pat Delk has been working with five (5) other
jurisdictions to review the proposals.
After review the jurisdictions agreed to go with Kucera International
the Board approved the letter of intent, there was a condition that the
Holder asked if this would allow access to all surrounding counties with the
Commissioner Holder made the motion to approve the request; Commissioner Stamey seconded. The motion carried 4-0-0 approving the following resolution:
WHEREAS, Henry County strives to effectively keep pace with its growing infrastructure by ensuring that critical services such as police, fire, and emergency services have accurate aerial maps and date; and
WHEREAS, The Henry County GIS Department has coordinated with the Atlanta Regional Commission (ARC) and five other jurisdictions to collectively develop a proposal to contract the aerial photography and LIDAR topographical data at a substantial cost savings; and
WHEREAS, on November 3, 2009 the Henry County Board of Commissioners unanimously agree to issue a letter of intent of commitment to the Atlanta Regional Commission to participate in this cooperative agreement with the condition that the Henry County commitment not exceed $50,000.00; and
eight proposals were submitted to the
NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners agrees to enter into an agreement with Carroll County, Coweta County, Dekalb County, the City of Griffin, the Clayton County Water Authority and the Atlanta Regional Commission for the purpose of acquiring regional GIS color imagery and authorizes the Chairman to sign the Memorandum of Agreement.
Ordinance regarding the Stormwater Management Utility
Michael Harris, Planning and Zoning Services Division Director presented the agenda item to the Board. In September, the Board adopted the Unified Land Development Code (ULDC). The ULDC replaced sections 3-6 through 3-11 of the current Code of Henry County. In so doing, one section was inadvertently left out of the ULDC. The request is to reinstate the Stormwater Utility Ordinance in section 3-5 of the Code.
Chairman Mathis called for public comments from anyone wishing to speak regarding the agenda item; there was no response.
Commissioner Stamey made the motion to approve the Ordinance; Commissioner Bowman seconded. The motion carried 4-0-0 approving the following resolution:
WHEREAS, the Henry County Board of Commissioners is responsible for the conservation, management, protection, control, use and enhancement of stormwater within its corporate jurisdiction, and for the planning, acquisition, construction, installation, management, operation, maintenance. Regulation, extension, and improvement of the stormwater control systems; and
WHEREAS, the State of Georgia has adopted legislation enabling local governments to form departments of stormwater management and establish rates, fees, rentals, fines, and penalties incidental to and needed to fund stormwater management systems and programs; and
WHEREAS, the Federal Clean Water Act as amended by the Water Quality Acto of 1987 (33 U.S.C. 1251 et seq.) and the rules promulgated by the United States Environmental Protection Agency pursuant to the Act place increased responsibility andj financial burdens on local governments impacts; and
WHEREAS, stormwater runoff contributes to flooding problems and drainage needs, including pollution and environmental degradation of the County’s watersheds, and a stormwater management program can reduce and/or mitigate the related problems and address the various needs; and
WHEREAS, all real property in the County, including property owned by public and tax-exempt entities, contributes to runoff and creates demand and associated costs for stormwater management and/or uses or benefits from stormwater system; and
WHEREAS, the County has completed a professional engineering and financial analysis of its stormwater management problems, needs, goals, program priorities, and funding options that has been delivered to the County and has been examined and reviewed by the Board of Commissioners; and
WHEREAS, the Board of Commissioners finds and concludes from the professional engineering and financial analysis that substantial stormwater management program operational and capital investment needs exist; and
WHEREAS, it is in the best interest of the public to fund stormwtaer management with an equitable fee system that fairly allocates the costs of stormwater management to all properties, users, and persons contributing to the cost and demand for the stormwater system and its effective and appropriate management; and
WHEREAS, it is the desire of the Board of Commissioners to proceed with the development, implementation, and operation of as utility for stormwater management accounted for in the County budget as separate enterprise fund dedicated solely to stormwater management and to institute funding methods associated therewith; and
WHEREAS, the Stormwater Management Utility previously found at Henry County ordinance number 3-6-171 through 3-6-181 was inadvertently repealed with the entire Chapter 3-6 of the Code of Henry County at the time of adoption of the Unified Land Development Code (ULDC) on September 15, 2009; and
WHEREAS, it was never the intention of the Board of Commissioners to repeal the above stated Stormwater Management Utility code sections, but rather to reassign them to a different section within the Code of Ordinances; and since the date of this inadvertent repeal, Henry County has continued to provide stormwater services to its citizens; and
WHEREAS, the legislative findings supporting the need and public purpose for creating a Stormwater Management Utility still exists today
NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED:
1. The Stormwater Management Utility is hereby readopted and established
The Code of
3. All Ordinances or parts of Ordinance in conflict with this Ordinance are hereby repealed
Commissioner Stamey 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 LaTonya Wiley, the
Commissioner Basler made the motion to reconvene into Public Session; Commissioner Holder seconded. The motion carried 4-0-0.
Commissioner Stamey made the motion to approve the affidavit and resolution pertaining to Executive Session; Commissioner Holder seconded. The motion carried 4-0-0.
Commissioner Holder made the motion to adjourn; Commissioner Basler seconded. The motion carried 4-0-0.