STATE OF GEORGIA

 

COUNTY OF HENRY

 

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, 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

            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 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 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

            Michael 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 and Henry County’s portion of the cost would be $40,824.00. 

            When the Board approved the letter of intent, there was a condition that the commitment from Henry County is not to exceed $50,000.  Previously it was understood that USGS would provide a 25% discount savings, the 25% is not reflected in the cost of $40,824.00.  When the contract is finalized the 25% will be refunded back to Henry County.  A contribution in the amount of $22,500 has been received from the Henry County Water and Sewerage Authority making the county’s portion to $18,324.  Once the USGS portion of the contract is signed, Henry County’s portion will then be reduced to approximately $8,000.  There have been discussions with the Cities and additional funding is expected to help offset the cost.

            Commissioner Holder asked if this would allow access to all surrounding counties with the exception of Butts County. Ms. Delk stated Butts County did not participate but there is a 2,000 foot buffer that they will imaged and the Water Authority would like to make sure all their facilities are imaged as well.  Ms. Delk stated that there were six (6) counties total; Carroll County, Clayton County, Coweta County, Dekalb County, Henry County and Spaulding County.  Commissioner Holder stated that leaves Rockdale County and Newton County out.  Ms. Delk stated they pulled out of the contract.  Commissioner Holder stated as things change it’s important to update maps.

            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, Henry County last updated its aerial maps in 2007 at a cost of $277,000.00; 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

            WHEREAS, eight proposals were submitted to the Atlanta Regional Commission and reviewed by each participating jurisdiction, and the firm Kucera International was selected at a cost of $40,824.00 to Henry County.

            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

2.      The Code of Ordinances of Henry County, Georgia is hereby amended by adding sections 3-5-499 through 3-5-509 as the location of the re-adopted Stormwater Management Utility, to be placed in section 3-5, subchapter 4, article III of the Henry County Code of Ordinances

3.      All Ordinances or parts of Ordinance in conflict with this Ordinance are hereby repealed

Executive Session

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 County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters; Commissioner Bowman seconded.  The motion carried 4-0-0.

(Executive Session was held.)

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.

 

                                                                        Elizabeth “BJ” Mathis, Chairman

 

Shay Mathis, County Clerk