STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Public Meeting at 9:00 a.m. on Monday, December 17, 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 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; Rob Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant County Manager; Mike Bush, Finance Director; Michael Harris, Planning & Zoning Services Division Director; Jim Luebbering, Building Development & Environmental Services Division Director; Angie Bailey, Social 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 Harper called the meeting to order and called for an acceptance of the agenda.  Commissioner Mathis made the motion to approve the agenda; Commissioner Stamey seconded.  The motion carried unanimously.

PUBLIC SAFETY DIVISION

Bid for two (2) Harley-Davidson police motorcycles

          Michael Sabine, Assistant County Manager and Major Danny Butler, Police Department presented the agenda item to the Board.  On behalf of the Police Department, the Purchasing Department issued a request for proposal (RFP) to obtain two 2008 Harley-Davidson police motorcycles (model FLHP Road King).  The RFP received four (4) responses.  Upon review of the proposals the most responsive proposal was submitted by Cycle Word, with a unit price of $14,500 for a total of $29,000 for both motorcycles and with a forty-five (45) day delivery time from order date.  Funds for the purchase shall be allocated from the appropriate state/federal narcotics seizure account(s).

          Commissioner Bowman commented one concern was the service from Harley-Davidson of Clayton County has previously sent a trailer to pick up the county motorcycles that need servicing and will Cycle World, that is located in Athens, provide the same service.  There is also the concern that Harley-Davidson of Clayton County provided a two year service contract for $1,200 per motorcycle.  Mr. Sabine stated this was not a part of this proposal in selecting the requested motorcycles but normally beyond warrant, service is provided by the county Fleet Services Department.  Also three of the four who responded to the RFP did not indicate a delivery time. Are there punitive damages if the motorcycles are not delivered within the forty-five days?  If Cycle World is not able to honor the RFP, that would be considered breach of the award and then we can move to what is deemed to be the next most responsive bidder.

          Commissioner Stamey stated the last two motorcycles that were purchased did have the maintenance contract at a cost of $1,200 that required service every 12,000 miles to maintain the warranty.  If all the services are combined over a 24 month period of time, that’s with unlimited miles, would come to approximately $3,000 that is required through Harley-Davidson to maintain the warranties.  We would have to ride by some of the other vendors to get to Cycle World in Athens.  The service that is received from Harley-Davidson of Clayton County is a more convenient service.  Also there was concern regarding the delivery time.

          Major Butler stated the maintenance contract is needed and after speaking with a representative from Harley-Davidson of Clayton County, they would provide the County with a maintenance contract on the motorcycles if they were purchased from another vendor.

          Mr. Sabine suggested the Board reject the bids and re-bid with incorporation of the maintenance contract if it is a deciding factor.

          Commissioner Holder suggested Cycle World in addition to Harley-Davidson of Clayton County be contacted regarding the cost of the service agreements and bring it before the Board at the Tuesday, December 18th meeting.

          Commissioner Stamey made the motion to table the bid award to the Tuesday, December 18th meeting and staff is to contact the vendors regarding the cost of the service agreements; Commissioner Holder seconded.  The motion carried unanimously.

Authorization to purchase a Belgian Malinois Canine for the Police Department

          Major Danny Butler, Police Department presented the agenda item to the Board.  The request is to purchase an additional canine for the K-9 unit.  An additional officer was assigned to the K-9 unit and there is a need to add a canine dog.  Funds are to be allocated from the Federal and Narcotics Forfeiture account.

          Commissioner Mathis made the motion to authorize the purchase of a canine in the amount of $12,600 and the necessary training and to also authorize the Chairman to execute the contract; Commissioner Bowman seconded. The motion carried unanimously approving the following resolution:

WHEREAS, the Henry County Police Department will purchase from K-9 Concepts one cross trained patrol and narcotics Belgian Malinois; and

WHEREAS, the Department has added an additional K-9 Officer for patrol and drug interdiction; and

WHEREAS, the additional K-9 officer will assist the current K-9 Unit in the apprehension and detection of illegal drugs entering and leaving Henry County; and                                                       

         WHEREAS, the total cost of the dog will be $12,600 with $12,000 to be paid on the first day of the handler's course. The remaining $600.00 will be for housing of the handler during training; and

WHEREAS, the Board desires to employ certain federal and state narcotics forfeiture account funds to provided the needed patrol and narcotics dogs.

NOW, THEREFORE, BE IT RESOLVED BY THE HENRY COUNTY BOARD OF COMMISSIONERS, that the Board hereby endorses the use of $12,600 from certain federal and state narcotics forfeiture funds for one cross trained patrol and narcotics dog for law enforcement purposes. Funds for the dog shall be respectively allocated from both the federal and state narcotics forfeiture accounts.

Authorization to renew a contract for leased space occupied by the Police Department

          Michael Sabine, Assistant County Manager presented the agenda item to the Board.  The Police Department occupies certain space that is leased for certain operations.  The leased space is up for a lease renewal for a period ending June 30, 2008.

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

WHEREAS,         the Henry County Bureau of Police Services occupies certain leased space within Henry County; AND

WHEREAS,         the Bureau of Police Services desires to renew the lease for this space for a period ending June 30, 2008; AND

WHEREAS, this space is occupied for certain operations of the Bureau of Police Services.

NOW THEREFORE BE IT RESOLVED by the Board of Commissioners that the Board hereby authorizes the execution of the Second Amendment to Lease by the Chairman of the Board of Commissioners.

BE IT FURTHER RESOLVED that the costs of this lease shall be supported by the necessary and appropriate account(s) maintained through the Bureau of Police Services.

TRANSIT SERVICES

Authorization of an application for a grant pertaining to Public Transportation Assistance – Section 5311

          David Williamson, Transit Director presented the agenda item to the Board.  The request is for authorization to apply for the FY-09 Rural 5311 Grant for Transit Capital Improvement Assistance and Transit Operating Assistance for the Henry County Transit.  Transit has been involved with this program for the past eighteen (18) years and it provides assistance for transportation for the disabled and for the senior citizens of the County.  Funds for the local match are within the department budget.

          Commissioner Holder made the motion to authorize application for the grant; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Georgia Department of Transportation has agreed to apply for renewal of the Section 5311 GRANT  for Transit Capital Improvement Assistance and Transit Operating Assistance for Henry County Board of Commissioners (d.b.a., Henry County Transit) for rural public transportation; for the period of July 1, 2008 thru June 30, 2009;

WHEREAS, Henry County Board of Commissioners can receive three (3) 16 passenger Goshen II vehicle with wheelchair lift valued at $­­­­152,400.00;

WHEREAS, Henry County Board of Commissioners must provide a local match of $440,432.00;

WHEREAS, Henry County Board of Commissioners can potentially collect up to $432,812.00 in reimbursements;

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners agrees to apply for GA DOT Section 5311Transit Capital Improvement Assistance and Transit Operating Assistance.

ASSISTANT COUNTY MANAGER

Bid award to operate the County’s recycling service

          Michael Sabine, Assistant County Manager presented the agenda item to the Board.  The current recycling contract will expire with no further renewals, and the last bid was in 2003.  The requests for proposals were based on price and qualifications in operating a public entity recycling centers.  Two responses were received and staff recommended the bid be awarded to Peachstate Recycling. 

          Commissioner Mathis asked if staff had the opportunity to visit other recycling facilities to see if there were ways that operations could be improved and maybe things that could be added to make the center a more recycle friendly center.  Mr. Sabine stated he visited the Spaulding and Newton County recycling centers and based on inspections of the centers there are some investments that need to be made to the recycling center in Henry County to make the operation more efficient and to have a cleaner and better public presence.

          Commissioner Mathis made the motion to award the bid to Peachstate Recycling and authorize the Chairman to sign all necessary documents; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS,         the Board of Commissioners is required to offer opportunities for recycling of various goods and materials as a function of the County’s Solid Waste Management Plan; AND

WHEREAS,         opportunities to recycle goods and materials are provided in Henry County through the operation of the recycling center at 65 West Asbury Road in McDonough; AND

WHEREAS,         the recycling center is operated on behalf of the county by a third-party operator; AND

WHEREAS,         a request for proposal (RFP) was issued for operation of recycling services at the recycling center; AND

WHEREAS,         two entities responded to the RFP, with the proposal submitted by Peachstate Recycling determined to be the most responsive proposal.

NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Henry County that the Board hereby awards SP-08-38-112907-1 for recycling services at the recycling center to Peachstate Recycling. This award is based upon a monthly fee of $3,000 (which totals $36,000 per year) less a credit for the value of any scrap metals recycled/salvaged by county government through the recycling center. The Chairman shall be hereby authorized to execute any documentation required to make this selection.

HUMAN RESOURCES

Bid award for fitness and wellness protocols for new hires and current employees

          Becky Zebe, Human Resources Director presented the agenda item to the Board.  The request is to award a bid for the physical fitness and wellness protocols for new hires, annual physicals, post accident, and workers compensation medical services.  Staff recommended the bid be awarded to Henry Occupational Medicine which is a division of Henry Medical Center. 

          Commissioner Stamey made the motion to award the bid to Henry Occupational Medicine; Commissioner Mathis seconded. The motion carried unanimously approving the following resolution:

WHEREAS, sealed bids (SB-08-28-103007-3) were solicited for the purchase of Physical Fitness and Wellness Protocols for new hires and current employees of Henry County Government; and

WHEREAS, two (2) vendors submitted bids for this purchase, as indicated; on the attached Bid Tabulation and,

WHEREAS, funds are available in the requesting department’s account to complete this purchase; and,

WHEREAS, Henry Occupational Medicine was the overall lowest and most responsive bid; departmental personnel recommend award to Henry Occupational Medicine; for the Physical Fitness and Wellness Protocols Contract for new hires and current employees of Henry County Government.

NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-08-28-103007-3 to Henry Occupational Medicine; award as a unit / price contract with no fixed quantities for the Physical Fitness and Wellness Protocols for new hires and current employees of Henry County Government.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

PLANNING AND ZONING

Manor Developers, Inc – Subdivision sign in the right-of-way (Wyntercreek Estates)

          Stacey Jordan, Chief Planner presented the agenda item to the Board.  Manor Developers, Inc.’s request was to locate a subdivision sign within the center median island of the Wyntercreek Estates subdivision entrance way, south of Jonesboro Road.  Henry County Department of Transportation recommended approval of the request with conditions. 

          Commissioner Holder asked for clarification on whether the subdivision sign would be a break-away structure.  Staff stated it was not known if the structure would be a break-away structure but could make that a condition requiring that the sign be a breakaway structure. 

          Commissioner Mathis stated her concern for the sign is that it may located in the new right-of-way once the Jonesboro Road widening project is complete and added a condition that the subdivision sign shall be constructed as a break-away sign, also if or when Jonesboro Road is widened and the sign is determined to be within the right-of-way the Developer or Homeowners Association (HOA) shall be responsible for moving the sign and shall be responsible for all related expenses incurred.

          Commissioner Mathis made the motion to approve the request to locate the subdivision sign within the center median with conditions; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Manor Developers, Inc. applied to locate a subdivision sign (Wyntercreek Estates) in the right-of-way of the subdivision entrance way, south of Jonesboro Road, in Land Lot 105 of the 6th District; and

WHEREAS, the applicant has submitted information required for signs located in the right-of-way pursuant to Section 3-7-235(g) of the Henry County Sign Ordinance, and

WHEREAS, the Henry County Department of Transportation (HCDOT) has reviewed the request and prepared a MEMO approving the location of the subdivision sign, which is attached as an exhibit that is part of the public record; and

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners Approves the above request for the placement of the subdivision sign at the location stated above with the following conditions:

1.     Proposed signage shall meet all requirements expressed in the attached HCDOT MEMO and otherwise by Henry County and/or State of Georgia rule or law.

2.     The applicant shall be responsible for the maintenance and repair of the entrance sign.

3.     Henry County will not be responsible for the replacement of the sign should it be damaged or removed for any reason.

4.     The subdivision sign shall be constructed as a break-away sign.

5.     If or when Jonesboro Road is widened and the sign is determined to be within the right-of-way, the Developer or Homeowners Association (HOA) shall be responsible for moving the sign and shall be responsible for all related expenses incurred.

Manor Developer, Inc of Conyers, GA – MC-07-09

Manor Developers, Inc. of Conyers, GA requested a modification to a zoning condition for property located on the southern side of Jonesboro Road.  The property is located in Land Lot 105 of the 6th District, consisting of 80.819+/- acres.  The request is to modify a condition regarding building materials.  The Zoning Advisory Board recommended Approval on October 25, 2007.

Brecca Sherow, Planner I presented the agenda item to the Board.  The applicant’s requested a modification to zoning condition #5 of the original rezoning conditions regarding building materials on all homes within the Wyntercreek Estates Subdivision.  The development is currently under construction and is zoned R-2.   Condition #5 currently states “All homes shall be all sides’ brick. Vinyl and/or stucco may be used for soffits and facia only.  The Zoning Advisory Board recommended approval of the modification as follows:  All homes shall consist of all sides’ brick, with the front elevation consisting of a combination of two of the following materials:  brick, stone, stucco, cement-based products, or vinyl shakes to be permitted in dormers, gables, and bay windows.  Vinyl based products may only be used in the soffits and fascia.

Gary Lockman represented Manor Devleopers, Inc.  Mr. Lockman stated he was a little confused with the recommended condition.  Staff clarified the condition recommended by the Zoning Advisory Board.  Mr. Lockman stated the requested vinyl-shake look was better than the normal hardiplank.  The vinyl-shake doesn’t fade and doesn’t need painting and it looks good all the time. 

Chairman Harper called for public comments from anyone wishing to speak regarding the request for a modification to a zoning condition; there was no response.

Commissioner Mathis made the motion to approve the request for a modification to a zoning condition to read:  All homes shall consist of all sides brick, with the front elevation consisting of a combination of two or more of the following materials:  brick, stone, stucco, cement-based products or vinyl shakes to be permitted in dormers, gables, and bay windows.  Vinyl based products may be used in the soffits and fascia; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Manor Developers, Inc of Conyers, GA (MC-07-09) applied for a modification to a zoning condition that were placed on the subject property by the Board of Commissioners on June 7, 2005 for property located on the southern side of Jonesboro Road.  The property is located in Land Lot 105 of the 6th District, consisting of 80.819 +/- acres (Parcel ID Number: 017-01-003-000); and

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

WHEREAS, the request was to modify zoning conditions regarding building materials; 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 has reviewed and recommended approval of the request as shown below on October 25, 2007;

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the request for a modification of zoning condition number 5 to read as follows:

                             5.      All homes shall consist of all-sides brick, with the front elevation consisting of a combination of two or more of the following materials: brick, stone, stucco, cement-based products, or vinyl shakes to be permitted in dormers, gables, and bay windows.  Vinyl based products may be used in the soffits and fascia.

West Panola, LLC of Stockbridge, GA – RZ-07-20

          West Panola, LLC of Stockbridge, GA requested a rezoning from RA (Residential-Agricultural) to C-2 (General Commercial) for property located at 553 Fairview Road.  The property is located in Land Lot 199 of the 12th District, consisting of 4.07+/- acres.  The request is for the development of a retail center.  The Zoning Advisory Board recommended Approval on September 13, 2007.

          Andrella Slaughter, Planner II presented the agenda item to the Board.  The proposed building, as depicted on the site plan, is 5,562 square feet and the proposal is for a fast food restaurant.  The Future Land Use Map designates the property for low-density residential land uses at up to 2.5 dwelling units per acre.  Fairview Road is transitioning into a commercial corridor beginning at the intersection of East Atlanta Road and Fairview Road.  The Proposed Land Use Map designates the subject property as part of a village nod which designates 18% for non-residential uses providing up to 2,000 retail and services jobs.  The site plan depicts a 50’ wide planted buffer where the subject property abuts residentially zoned parcels to the west and south.  The road access is proposed from Fairview Road.  Staff recommended approval of the request and the Zoning advisory Board recommended approval with 10 conditions.

          Nick Griffiths represented the applicant for the rezoning request.  Mr. Griffiths stated they have reviewed the recommended 10 conditions and they were in agreement with the conditions. 

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

Terry McMickle, Public Works Division Director, stated it appeared on the site plan a median in the entrance and asked Mr. Griffith if he was prepared for the entrance to become a right in and a right out entrance when Fairview Road is improved.  Mr. Griffith stated yes.  Mr. McMickle, stated if agreeable he would like for this to be part of the condition regarding HCDOT.  The condition should read:  When Fairview Road is widened the access to the subject project shall become a right in/right out access only.

          Mr. Griffiths stated the applicant would donate the necessary right of way for the future improvements to Fairview Road.

          Commissioner Basler made the motion to approve the rezoning request with a modification to condition #3 to read:  The developer shall coordinate with Henry County Department of Transportation to donate necessary right of way for future improvements to Fairview Road. When Fairview Road is widened the access to the subject project shall become a right in/right out access only; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, West Panola, LLC of Stockbridge, GA (RZ-07-20) applied to rezone the subject property from RA (Residential-Agricultural) to C-2 (General Commercial) for the development of a retail center.  The property is located at 553 Fairview Road (Parcel ID Number:  025-04-043-000) in Land Lot 199 of the 12th District, consisting of 4.07+/- 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

WHEREAS, the Henry County Zoning Advisory Board reviewed and recommended approval from RA (Residential-Agricultural) to C-2 (General Commercial) on September 13, 2007. 

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the above rezoning request with the following ten (10) conditions:

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

2.     Dumpster(s) shall be placed on a concrete pad and enclosed on three (3) sides.  The enclosure shall be constructed of brick, stone, or any combination thereof.

3.     The developer shall coordinate with Henry County Department of Transportation to donate the necessary right of way for future improvements to Fairview Road. When Fairview Road is widened the access to the subject project shall become a right in/right out access only

4.     All entrances shall have a deceleration lane/acceleration taper, which shall be constructed to Henry County DOT standards, and shall be placed such that the minimum intersection sight distance is met per the posted speed limit of the road.

5.     There shall be only one entrance located off Fairview Road.

6.     All buildings shall be constructed of brick, stone, glass or any combination thereof on all sides.

7.     An earthen berm at least 1.5 feet higher than the finished elevation of the parking lot shall be required, consisting of one shade tree and five shrubs for every 35 linear feet of frontage (Max. slope on berm not to exceed 3:1).

8.     The developer shall coordinate with HCDOT on the placement of sidewalks (5 feet in width) between commercial developments and along Fairview Road.

9.     There shall be inter-parcel connectivity between this development and the C-2 zoned property to the east.

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

Presentation regarding rezoning signs

          Ray Gibson, Planning & Zoning Director made the presentation to the Board.  In April of this year the Board of Commissioners requested the Planning & Zoning staff to put together information outlining the requirement for the posting of rezoning signs for Metro Atlanta counties compared to that of Henry County.  Staff compiled information from ten (10) counties (Butts, Clayton, Cobb, Dekalb, Fayette, Fulton, Gwinnett, Newton, Rockdale, and Spalding) and the four (4) cities within Henry County (Hampton, Locust Grove, McDonough and Stockbridge).

          Staff took Photos of each jurisdiction’s zoning signs and prepared a summary chart which outlined each respective jurisdiction’s zoning sign requirements (dimensions, sign area in square feet, posting responsibility, and notification letter).  The chart is as follows: 

County

Characteristics

 

Dimensions

Area (square feet)

Posting Responsibility

Notice Letter to Neighbors

Henry

36” x 24”

6

Staff

No

Butts

24” x 36”

6

Staff

Yes (Appeals Only)

Clayton

24” x 30”

5

Staff

No

Cobb

30” x 36”

7.5

Applicant (each 500’ of frontage)

No

DeKalb

24” x 36”

6

Staff (each 500’ of frontage)

Yes (Within 250’)

Fayette

24” x 24”

4

Staff (Each Frontage)

No

Fulton

24” x 36”

6

Applicant

Yes (Within 300’)

Gwinnett

24” x 36”

6

Applicant

Yes (Within 1000’)

Newton

30” x 36”

7.5

Public Works (Each Frontage)

Yes (Abutting  Property)

Rockdale

36” x 36”

9

Staff

Yes (Abutting Property)

Spalding

24” x 36”

6

Staff

Yes (Abutting Property)

 

          Staff proposed the following changes in the ULDC (Unified Land Development Code):

Ø     Applicants will deposit a fee to pick-up signs from the Planning & Zoning Office

Ø     Applicants will post their own sign(s) in the location(s) proposed by Staff

Ø     Applicants will be required to notify in writing (including site plan), all property owners within 1,000 feet of all property lines on subject property.

Ø     Mail receipts will be required from the applicants to ensure that neighbors have been notified.

Ø     If the sign(s) is/are returned to the Planning & Zoning Department, the deposit fee will be returned to the applicant

A proto-type of the new signage was presented to the Board.  Mr. Gibson stated the cost of the proposed sign is $40 for the materials and approximately $60 for the labor for a total cost of $100 for each sign.  The cost for the signs currently being used range from $30 to $35 per sign and they are purchased in bulk at 25 signs each purchase.  The new signs will be recycled.  The applicant will be required to leave a deposit for the signs.  When the signs are returned the deposit will be returned to the applicant, if the signs are not returned the deposit will be used to purchase new signs.

There were comments from the Board regarding the new signage should be of a bright color and should be legible.  There was discussion regarding who should post the signage and who should notify the neighbors of the rezoning.

COUNTY MANAGER COMMENTS

Authorization to reimburse the Henry County Water and Sewerage Authority for eligible expenses incurred by HCWSA during creation of the NPDES Phase II compliant stormwater program

          Rob Magnaghi, County Manager, presented the agenda item to the Board.  Henry County was advised in summer 2002 that it would become subject to the requirements and mandates of the National Pollution Discharge Elimination System (NPDES) Phase II program, with a phase-in date of obligations starting during 2003. The Henry County Water and Sewerage Authority (HCWSA), along with Henry County Government, undertook initial steps toward the establishment of a qualifying NPDES Phase II program sufficient to meet the requirements of the Georgia Department of Natural Resources.

          The initial cost was $650,000.00.  The HCWSA would be responsible for half the cost and Henry County would be responsible for half the cost.  A payment of $160,000.00 has already been submitted to the Water Authority and the remaining balance is $162,770.64.  The request was for authorization to reimburse the Water Authority in this amount for eligible expenses incurred.  The payment will initially come from General Funds with a reimbursement from Stormwater Fees.

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

WHEREAS, the Henry County was advised in Summer 2002 that it would become subject to the requirements and mandates of the National Pollution Discharge Elimination System (NPDES) Phase II program, with a phase-in date of obligations starting during 2003; AND

 

WHEREAS, the Henry County Water and Sewerage Authority (HCWSA), along with Henry County Government, undertook initial steps toward the establishment of a qualifying NPDES Phase II program sufficient to meet the requirements of the Georgia Department of Natural Resources; AND

 

WHEREAS, these steps involved the expenditure of HCWSA funds, as the development of what would become the Stormwater Utility took place with participation by Henry County Government, HCWSA, and ARCADIS; AND   

 

WHEREAS, expenditures by HCWSA in the amount of $162,770.64 are eligible for reimbursement by the Stormwater Utility, relative to these initial stormwater program start-up costs.

 

NOW THERFORE BE IT RESOLVED by the Board of Commissioners of Henry County that the Board hereby directs reimbursement to the Henry County Water and Sewerage Authority (HCWSA) in the amount of $162,770.64 for eligible expenses incurred by HCWSA during the creation of the NPDES Phase II compliant stormwater program.

County Attorney Comments

There were no comments.

Public Comments

          There was no response.  

Upcoming Meetings:

                 1.      Tuesday, December 18th @ 6:30 p.m., regular BOC meeting

                 2.      Monday, December 31st meeting has been cancelled

                 3.      Thursday, January 10th @ 6:30p.m., Joint Board of Commissioners and Board of Education meeting

                 4.      Monday, January 14th @ 9:00 a.m. and Tuesday, January 15th @ 5:00 p.m. a called meeting with the Library Board of Trustees and @ 6:30 p.m., Regular BOC Meetings

All County Offices will be closed on the following dates for the Holidays:

                                                           1.      Monday, December 24th thru Wednesday, December 26th for Christmas

                                                           2.      Tuesday, January 1st for New Year’s Day

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 Patrick Jaugstetter, the County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters; Commissioner Mathis seconded.  The motion carried unanimously.

 

(Executive Session was held.)

 

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

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

Adjournment

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

                  

                                                                                      Jason T. Harper, Chairman

 

Shay Mathis, County Clerk