STATE OF GEORGIA

 

 

COUNTY OF HENRY

 

 

 

The Henry County Board of Commissioners held a regularly scheduled Public Meeting at 9:00 a.m. on Monday, July 17, 2006, in Conference Room “B,” 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

            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; Janine Robertson, Deputy County Clerk; Michael F. Turner, Deputy County Manager and Public Safety Division Director; 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; Doug Gilbert, Building Department Director; Mike Bush, Financial Services Director; Roy Clack, SPLOST/Capital Projects Director; Ray Gibson, Planning and Zoning Director; Cheri Hobson-Matthews, Planning and Zoning Assistant Director; Julie Hoover-Ernst, Communications Director; Steve Schafer, Development Plan Review 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; Commissioner Holman made the motion to approve the Agenda; Commissioner Stamey seconded.  The motion carried unanimously.

 

 

 

 

 

 

 

 

PLANNING AND DEVELOPMENT DIVISION:

 

Public Hearing:  Request Approval of an Amendment to the Current Henry County Ordinance Entitled, “Violation of Code Provisions;” and for other Purposes.

 

An Ordinance for the purpose of amending Section 3-9-17, subsection 103.4.2 of the Code of Henry County, Georgia, entitled “Violation of Code Provisions”; and for other purposes.

 

            BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HENRY COUNTY GEORGIA, AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME, AS FOLLOWS:

 

1.

That Section 3-9-17, subsection 103.4.2 of the Code of Henry County, Georgia, is stricken in its entirety and the following Section 3-9-17, subsection 103.4.2 is substituted in lieu thereof:

 

103.4.2. Violation of code provisions:

 

(a)       The building official or his/her authorized representative  may revoke a permit and/or issue a citation and/or summons for violation of the building code or development code and require the responsible party to appear in the appropriate court of jurisdiction upon determination by the building official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of the Technical Codes and the Code of Henry County.

 

(b)       The building official may declare buildings, structures, electrical, gas, mechanical or plumbing systems unsafe as defined in subsection 103.5 and may issue a summons for the violation of the building or safety code and require the responsible party to appear in the appropriate court of jurisdiction to respond to such charges.

 

(c)        The building official or his authorized representative may issue a citation and/or summons as provided for in subparagraph (a) of this subsection 103.4.2; such building official or his authorized representative may not nor shall this ordinance be construed to permit or empower any building official to make a physical arrest, carry a firearm or otherwise perform the duties of a sworn and certified/registered law enforcement official.

 

 

 

 

2.

Should any section, part or provision of this ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the ordinance as a whole or any part thereof not specifically declared to be invalid or unconstitutional.

 

3.

It is the intention of the Board of Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and shall be a part of the Henry County Code, and the sections of this Ordinance may be renumbered to accomplish such intention.

 

4.

            This Ordinance shall take effect and be in force from and after the date of its adoption, the public welfare demanding it.

 

 

Mr. Michael Harris, Planning and Development Division Director, said the Building Department officials cannot issue citations; they are only issued by the Code Enforcement Department.  He said when violations occur out in the field, the procedure has been the inspector would go forward and write the violation, or issue a Stop Work Order, but staff has had incidences where individuals would begin doing work against the Stop Work Order. He said when that occurs, the only recourse has been to contact one of the Code Enforcement Officers, wait for them to come to the site, issue the violation, and subsequently all go to Court.  He stated at the time of the Court hearings, the Code Enforcement Officer was the individual who wrote the citation, and that is the individual the Judge would like present.  Mr. Harris said the Code Enforcement Officers are not as well versed in codes and technical aspects of the Building Codes; therefore, it becomes a greater challenge.  He said this particular code section has been restructured, and it allows the Building Department staff to have the authorization to issue a citation on site. 

 

Mr. Patrick Jaugstetter, County Attorney, stated he had reviewed the amended Ordinance, and he did not have any problems with it. 

 

Mr. Doug Gilbert, Building Department Director, said most of the other jurisdictions have inspectors who are Special Officers of the Court, and they are all sworn in and have powers to write citations.

 

Commissioner Holder asked if staff would be sworn in and be Officers of the Court also. 

 

Mr. Harris replied, “no;” he said that was not the intent.  He said only Mr. Gilbert and his Chief Residential, Chief Commercial, and Chief Development Inspectors would be authorized to issue the citations.  Mr. Gilbert added clarification the only citations to be issued by his staff would be involving building code and development code issues, such as erosion control.

 

 

 

 

Chairman Harper asked for public comment regarding this Ordinance; there was no response. 

 

Commissioner Adams made the motion to approve the Ordinance; Commissioner Holman seconded.  The motion carried 4-1-0 with Commissioners Adams, Holman, Holder, and Mathis voting in favor, and Commissioner Stamey voting against.

 

 

Request Approval of Two (2) Resolutions for New Streetlight Districts.

 

WHEREAS, the owners of the following subdivisions have applied for the creation of streetlight districts:

 

·       Shoal Park, 22 lights, 79 lots, Snapping Shoals EMC, District 1

·       Hambrick Creek, Unit II, 10 lights, 28 lots, Snapping Shoals EMC, District 5

·       Weems Plantation, 5 lights, 24 lots, Central Georgia EMC, District 2

·       Henry Farms, 10 lights, 18 lots, Snapping Shoals EMC, District 1

·       Brookside at Heron Bay, 15 lights, 41 lots, Central Georgia EMC, District 1

 

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

 

WHEREAS, the Development Plan Review Staff for Henry County has reviewed the requests and submitted reports that are part of the public record; and

 

WHEREAS, the Development Plan Review Staff have reviewed and recommended approval of the requests.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Henry County approves the requests for new streetlight districts.

 

 

AND

 

 

WHEREAS, the owners of the following subdivisions have applied for the creation of streetlight districts:

 

·       Whispering Willows, Phase II, 7 lights, 29 lots, Central Georgia EMC, District 2

·       Eagle’s Brooke, Unit VII, 17 lights, 50 lots, Central Georgia EMC, District 2

 

 

 

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

 

WHEREAS, the Development Plan Review Staff for Henry County has reviewed the requests and submitted reports that are part of the public record; and

 

WHEREAS, the Development Plan Review Staff have reviewed and recommended approval of the requests.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Henry County approves the requests for new streetlight districts.

 

 

Commissioner Mathis made the motion to approve the two (2) resolutions for New Streetlight Districts; Commissioner Holman seconded.  The motion carried unanimously.

 

 

Rezoning: Partners 3, LLC – RZ-06-10 – District I.

 

            WHEREAS, Partners 3, LLC., c/o Brent Moye (RZ-06-10) applied to rezone the subject property from RA (Residential Agricultural) to C-2 (General Commercial) for the development of a commercial business park, comprised of office and retail uses.  The property is located at the intersection of State Route 81 and Old Jackson Road (Parcel ID numbers: 124-01-027-001 and 124-01-027-003) in Land Lot 171 of the 7th District, consisting of 5.26+/- 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 approval of the rezoning request from RA (Residential Agricultural) to C-2 (General Commercial) on May 25, 2006.

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approves the above rezoning request with the following twelve (12) conditions:

 

1.     The ingress/egress of this project should be constructed according to county standards, so as to improve upon the existing stub-out on the BP site, (Parcel ID number: 127-01-027-000).

 

2.     All lighting should be conducive to a neighborhood development, which will not impose excessive lighting on surrounding residents.  All lighting should be moderate brightness and height and downcast to eliminate glaring into surrounding residential properties.

 

3.     No reduction of the required forty (40) foot buffers (on the west and south property lines) shall be permitted.  Additional trees and vegetation shall be supplemented where necessary to maintain the required 40 foot buffers on the site.

 

4.     The façade of the proposed building(s) shall be residential in appearance and consist of brick, stone, stucco, wood siding, glass or any combination thereof.  The exterior appearance of all proposed buildings shall be approved by the Planning & Zoning Department prior to the issuance of a building permit (architectural control).

 

5.     All colors used on the exterior of the proposed building and roof shall not be bright hues but shall be neutral tones which are complementary to the surrounding residential community.

 

6.     The installation of a point of entry sign shall be ground mounted (not pole mounted), decorated with brick, stucco, or stone or any combination thereof and not to exceed six (6) feet in height.  The Planning and Zoning Department shall have final approval of any signage prior to obtaining a permit.

 

7.     The limited hours of use should be consistent with the existing hours of the BP and the existing strip center adjacent to the subject property.

 

8.     Detention ponds shall be screened via heavy landscaping along the perimeter of the pond, the details of which shall be included as part of the landscape plan.

 

9.     Dumpster(s) shall be placed on a concrete pad and enclosed on three (3) sides. The enclosure should be constructed of brick, stone, stucco or any combination thereof provided it is consistent with the primary structure, and shall not exceed eight feet (8’) in height.

 

10.  Applicant shall submit a combination plat to the Development Plan Review prior to obtaining permits to develop on the property.

 

11.  The applicant shall adhere to all zoning standards regarding the cell tower on the property.

 

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

 

 

Ms. Cheri Matthews, Planning and Zoning Assistant Director, said the property is located in the limited development area of the Tussahaw Reservoir Watershed area and must adhere to all Ordinance requirements.  The Future Land Use Map designates the property for commercial and services, and the Zoning Advisory Board recommended approval of the request.

 

Chairman Harper asked for public comment in opposition to this request; there was no response.

 

 

Commissioner Holder asked if the property was advertised with signage.  Ms. Matthews confirmed.  He said from what he saw, the signs were located on the east side of Old Jackson, and the lots in question are located on Highway 81.  (Ms. Matthews presented documentation of where the sign was located.)

 

Commissioner Holder referenced Condition #7 where it states the limited hours are 5:00 a.m. to 11:00 p.m. weekdays, and 5:00 a.m. to 5:00 a.m. on weekends.  He asked if that was a typo.

 

Ms. Matthews said her copy showed 5:00 a.m. to 11:00 p.m. on weekdays, and 5:00 a.m. to 5:00 p.m. on weekends.

 

Commissioner Holder asked if this was consistent with the ‘old town’ or the strip center and BP; he said he remembered when the Board zoned the BP, the times were not 5:00 a.m. to 5:00 p.m. on weekends.  Ms. Matthews did not think time restraints were placed on the previous re-zonings.  She said this is what the Zoning Advisory Board has established on a lot of commercial developments.  Commissioner Holder said he thought it should be consistent.  Ms. Matthews said she would double-check the zoning conditions for the BP.

 

Ms. Matthews asked if the Commissioner would like to amend the condition to make it consistent with the existing zoning.  Commissioner Holder said the condition should read, “the limited hours of use should be consistent with the existing hours of the BP and the existing strip center adjacent to the subject property.”

 

Chairman Harper asked the applicant to come forward; the applicant was not present. Ms. Matthews said the applicant is Brent Moye.

 

Commissioner Holder made the motion to approve the request with the twelve (12) conditions, amending Condition #7; Commissioner Holman seconded. The motion carried unanimously.

 

 

Rezoning:  Shawshank, Ltd. Of Atlanta, Georgia – RZ-06-16 – District II.

 

WHEREAS, Shawshank, Ltd., c/o Carl Jones (RZ-06-16) applied to rezone the subject property from R-2 (Single-Family Residence) to O-I (Office-Institutional) for the development of five (5), two story buildings for use as medical and professional offices.  The property is located on the northeastern corner of the Farris Crossing subdivision, on the south side of Farris Drive, west of Highway 155 (Parcel ID # 077-01-001-000) in Land Lots 226 and 227 of the 7th District, consisting of 2.26+/- 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 approval of the rezoning request from R-2 (Single-Family Residence) to O-I (Office-Institutional) on May 25, 2006.

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approves the above rezoning request with the following eight (8) conditions:

 

1.     The property shall facilitate only those uses permitted by the Office-Institutional (OI) zoning district and shall have a residential character design to be approved by the Henry County Development Plan Review Department.

2.     All signage shall be compatible with both the primary structure and the residential character of the surrounding area.  Ground signage shall be monument based not to exceed ten feet (10’) in height.

3.     The site plan shall be revised to show all buffer requirements.

4.     The proposed entrance for the development off of Farris Drive is to be a minimum of 125’ from the subdivision entrance and shall meet minimum intersection site distance for a 25 mph speed limit.

5.     Any access to the site from the subdivision street should be for emergency access only.

 

6.     All structures shall consist of all sides brick.

 

  1. The applicant will revise the site plans depicting parking in the rear, if feasible.

 

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

  

 

Ms. Matthews said the applicant is seeking to rezone the property from R-2 to O/I for development of  five 2-story medical and professional office buildings.  She said the property was approved for rezoning by the Board of Commissioners on November 15th with eleven (11) conditions, in which that portion of the property was included in the R-2 rezoning.  The property designates M-1 and C-3 zonings to the north, RA to the south and east, and R-2 to the west.  Ms. Matthews stated the property is designated for low-density residential up to one (1) dwelling unit per acre, and the Zoning Advisory Board recommended approval of the request with conditions.

 

Chairman Harper asked for public comment in opposition to this request; there was no response. 

 

 

 

 

 

Mr. Carl Jones, the applicant, said he agreed with the eight (8) conditions; noting the District Commissioner was interested in raising the density level to 3-story buildings, giving the proximity to all the residential housing.  Therefore, Mr. Jones changed the site plan to reflect 3-story buildings, 2,000 square feet per floor for a total of 30,000 square feet with elevators, which has been submitted.  He said in addition, they have redone the parking.

 

Commissioner Mathis made the motion to approve the applicant’s request with the eight (8) conditions listed; Commissioner Adams seconded.  The motion carried unanimously.

 

 

Rezoning:  Shawshank, Ltd. Of Atlanta, Ga. – RZ-06-17 – District II.

 

            WHEREAS, Shawshank, Ltd. (RZ-06-17) applied to rezone the subject property from RA (Residential Agricultural) to R-2 (Single-Family Residence) to develop a residential subdivision.  The property is located at 3608 and 3626 Jonesboro Road (Parcel I.D. Numbers 016-01-016-000 and 016-01-017-001) in Land Lots 73 and 88 of the 6th District, consisting of 68.46+/- 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 approval of the rezoning request from RA (Residential Agricultural) to R-2 (Single-Family Residence) on May 25, 2006.

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approves the above rezoning request with the following sixteen (16) conditions:

 

1.     Developer shall plant a 40 foot (40’) wide landscaped buffer to serve as a visual screen between Jonesboro Road and the lots abutting the right-of-way of Jonesboro Road.  The following number of plant materials shall be required for each fifty linear feet (50’), or portion thereof, of the required property buffers:

 

a.      One canopy tree

b.     One evergreen tree

c.      One understory tree

d.     Five shrubs

 

2.     Underground utilities and streetlights shall be required.

 

3.     If sewer is not made available to the subject site, the minimum lot size shall be 30,000 square feet.

 

4.     All yards shall be sodded to the rear drip line of the houses.

 

5.     There shall be a tree-lined streetscape that will include one tree to be located on each interior lot and two trees located on each corner lot.  Canopy, evergreen, and/or understory trees may be included in the streetscape.

 

6.     There shall be uniform mailboxes throughout the subdivision.

 

7.     Sidewalks shall be installed on both sides of the interior streets.

8.     Developer shall donate thirty feet (30’)of additional right-of-way (70 feet from the existing centerline of Jonesboro Road) to Henry County for future widening of Jonesboro Road.

 

9.     There shall be two separate entrances to the subdivision, one of which shall be in alignment with the entrance to the Wyntercreek Estates Subdivision.  The second entrance shall be designed in coordination with the Henry County Fire Department.

 

10.  Deceleration lanes and acceleration tapers shall be required for each entrance.

 

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

 

12.  The net density shall not exceed 1.75 dwelling units per acre with an average lot size of 22,000 square feet.

 

13.  The minimum heated floor space shall be 2,400 square feet.

 

14.  The building materials shall consist of brick, stone, stucco, or any combination thereof on all four sides.  Vinyl shall only be used in soffits, eaves, or fascia.  Cement-based products can be used as accents in the dormers, gables, bay windows and above the roof line of the homes.

 

15.  The existing wireless communications facility on the property shall adhere to all applicable requirements of Chapter 3-7, Article XI-B, of the Henry County Code.

 

16.  The applicant shall apply traffic calming devices as specified during Development Plan Review.

 

  

Mr. Ray Gibson, Planning and Zoning Director, stated the Future Land Use Map designates the property for low-density residential land uses at up to 2.5 dwelling units per acre.  He said the area surrounding the subject property has been transitioning into a low-density residential area from a residential/agricultural area, with the most recent rezoning being Wyntercreek Estates Subdivision to the south of the subject property on the southern-side of Jonesboro Road.  Mr. Gibson said there have been some changes in the site plan submitted; the applicant originally submitted a site plan for 136 lots with a net density of two (2) dwelling units per acre.  He said on Friday, he received a new site plan for 103 lots with a net density of 1.5 dwelling units per acre.  He said in the new site plan, it has been addressed about a cell tower on the subject property to ensure the cell tower had proper buffers and setbacks from the adjacent property lines.  Presented today will be a new site plan with 97 lots with a net density of 1.75 dwelling units per acre.  Mr. Gibson said the Zoning Advisory Board recommended approval with sixteen (16) zoning conditions.

 

Chairman Harper asked for public comment in opposition to this request; there was no response. 

 

Chairman Harper asked Mr. Carl Jones if he was in agreement with the sixteen (16) conditions as listed; Mr. Jones confirmed.

 

Commissioner Mathis asked for the average lot size; Mr. Jones stated 22,000 square feet.

 

Commissioner Mathis made the motion to approve the request with one (1) addition to Condition #12 stating, “the net density shall not exceed 1.75 dwelling units per acre with an average lot size of 22,000 square feet;” Commissioner Stamey seconded. 

 

Chairman Harper asked for the record to reflect the applicant is in agreement with the sixteen (16) conditions, with the addition to Condition #12.

 

The vote was taken; the motion carried unanimously.

 

 

Request Authorization to Receive Funding from the Hazardous Waste Trust Fund.

 

WHEREAS, Henry County had previously requested reimbursement for costs associated with the West Asbury Road landfill cleanup; and

 

WHEREAS, $52,572.00 of these costs were not reimbursed due to budget cuts in the Hazardous Waste Trust Fund; and

 

WHEREAS, the Department of Natural Resources has notified Henry County that funding has been restored to the Hazardous Waste Trust Fund; and

 

WHEREAS, the Department of Natural Resources has provided Henry County with an agreement to reimburse the County for $52,572.00 in clean up costs.

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners authorizes the Chairman to sign the necessary agreement to request reimbursement of $52,572.00 from the Hazardous Waste Trust Fund.

 

 

Commissioner Adams made the motion to approve the authorization to receive funding from the Hazardous Waste Trust Fund; Commissioner Holder seconded.  The motion carried unanimously.

 

 

 

 

ADMINISTRATION DIVISION:

 

Request Approval to Accept the Transit Operating Assistance Grant.

 

WHEREAS, the Georgia Department of Transportation has agreed to provide GRANT NUMBER: GA-18-9025 for Transit Operating Assistance for Henry County Board of Commissioners (d.b.a., Henry County Transit) for rural public transportation; for the period of January 1, 2006 thru December 31, 2006; and

 

WHEREAS, Henry County Board of Commissioners can collect up to $257,749.00 in reimbursement costs; and

 

WHEREAS, Henry County Board of Commissioners must provide a local match of $257,749.00; and

 

WHEREAS, funding for the $257,749.00 local match is available in the 2006/2007 Transit operating budget.

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners agrees to and accepts GRANT NUMBER: GA-18-9025.

 

 

Commissioner Holder made the motion to approve the request and authorize the Chairman to sign the contract; Commissioner Adams seconded.  The motion carried unanimously.

 

 

Request Approval and Award of a Bid Regarding Baled Pine and Wheat Straw.

 

WHEREAS, sealed bids were solicited for the purchase of baled pine and wheat straw for the Parks and Recreation Department;

 

WHEREAS, two (2) vendors submitted bids for this purchase, as indicated on attached summary sheet; and

           

WHEREAS, funds are available in the budget of the Parks and Recreation Department for this commodity; and,

 

WHEREAS, Walker Nursery Farms’ bid meets bid specifications and is recommended by department personnel.

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners awards the bid for the purchase of baled pine and wheat straw for the Parks and Recreation Department to Walker Nursery Farms; award as unit/price contract with no fixed quantities; prices will remain fixed for one contract period.  The Chairman is authorized to sign all necessary documents to accomplish this purchase.

 

 

 

Ms. Angie Bailey, Interim Administration Division Director, stated this is the annual award for baled pine and wheat straw.  She said it was bid through the Purchasing Department with packages sent to eighteen (18) vendors with two (2) responses.  She stated the best price and delivery terms were received from Walker Nursery Farms. 

 

Commissioner Adams made the motion to approve the request; Commissioner Holder seconded.  The motion carried unanimously.

 

 

Request Approval to Accept a Grant from the Georgia Department of Human Resources for Family Connection.

 

WHEREAS, Connecting Henry is a nonprofit organization which exists as an advocate for the well-being of children, youth and families in Henry County; and

 

WHEREAS, Connecting Henry is a planning and coordinating agency for services and programs directed at improving child health, child development, family function, school performance, and family economic capacity; and

 

WHEREAS, Connecting Henry’s goal is to develop a comprehensive series of support services including life skills training, money management workshops, adult and child literacy, job preparedness and referrals designed to reinforce the concept of self-determination versus entitlement in order to reduce the numbers of Henry County children living in poverty; and

 

WHEREAS, Connecting Henry has received a $50,000 reimbursement grant from the Georgia Department of Human Resources through its Children’s Community Based Initiative; and

 

WHEREAS, this is a pass-through grant with no local match; and

 

WHEREAS, grant funds will be used to offset salary costs for the Social Services Director (Executive Director) and the Assistant to the Director of Connecting Henry and operating expenses.

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approve and authorize the Chairman to sign the $50,000 operating grant for Connecting Henry.

 

 

Commissioner Adams made the motion to approve the request; Commissioner Stamey seconded.  The motion carried unanimously.

 

 

 

 

 

 

 

 

Request Approval to Henry County Senior Services Community Service Block Grant (CSBG).

 

WHEREAS,   the Henry County Board of Commissioners desires to provide necessary Community based services which impact on the causes and effects of poverty for low income citizens of Henry County; and

 

WHEREAS,   the Henry County Board of Commissioners desires to submit a Project Application Plan [application] seeking FFY 2007 Community Services Block Grant Program [CSBG] funds to assist the County in its efforts to assist low income citizens of Henry County;

 

WHEREAS,   the Henry County Board of Commissioners desires to enter a contractual arrangement with the Georgia Department of Human Resources for the provision of said services during the contract period October 1, 2006 - September 30, 2007.

 

THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners approves the preparation and             submission to the State of Georgia of the FY2007 Community Services Block Grant [CSBG] Project Application Plan, Budget and other documentation prepared by Henry County Senior Citizen Services [the CSBG Administrator for Henry County during FY 2007], using an allocation           of funds based on the recommendations adopted by the Henry County CSBG Advisory Committee; and authorizes the Chairman to execute the DHR CSBG application, contracts and all accompanying assurances and certifications and any subsequent contract or application amendments for additional CSBG 2007 funds.

 

 

Ms. Angie Bailey stated Henry County Senior Services is requesting approval of the Federal Fiscal Year 2007 Community Services Block Grant.  She said this contract is under the Department of Human Services, Community Services Section, and the allocation is $72,458 and will be divided between the home delivered meals ($30,000) and personal care services ($42,458).  She stated there are no matching funds; there are funds available from the State.

 

Commissioner Holder made the motion to approve the request; Commissioner Adams seconded.  The motion carried unanimously.

 

 

ASSISTANT TO THE COUNTY MANAGER:

 

Request Approval of a Resolution Authorizing Necessary Corrective Actions at the Old Windy Hill Landfill.

 

WHEREAS, the Board of Commissioners is the custodian of the public facilities of Henry County; and

 

WHEREAS, the Board of Commissioners previously operated a landfill in the vicinity of the Windy Hill area during the 1960’s and 1970’s; and

 

 

 

WHEREAS, the Board of Commissioners is aware of a need to implement necessary corrective actions at the Old Windy Hill Landfill to comply with Georgia Environmental Protection Division requirements for this facility.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners that the Board hereby authorizes the County Manager to direct the implementation of recommended corrective actions at the Old Windy Hill Landfill. Said corrective action shall incorporate the necessary elements, as recommended by the consulting engineers retained by the County.

 

BE IT FURTHER RESOLVED that the Board acknowledges an anticipated cost for the foregoing necessary corrective actions of approximately $425,000.  Funds for these necessary corrective actions shall be devoted from the County Treasury.

 

BE IT FURTHER RESOLVED that the Board directs the County Manager to research the availability of State and Federal reimbursements or other assistance to offset a portion of the costs of these necessary corrective actions.

 

 

Mr. Michael Sabine, Assistant to the County Manager, stated Henry County, as owner and previous operator of the Old Windy Hill Landfill, is required under Georgia EPD requirements to address the management of landfill gasses (methane) at this closed landfill facility.  He said the Windy Hill Landfill operated during the 1960’s and 1970’s, closing in approximately 1978.  Mr. Sabine said in order to manage landfill gasses at this closed facility, several interrelated corrective actions are required.  He stated these necessary corrective actions include installation of gas extraction wells and design/installation of a soil vapor extraction system to reduce concentration of landfill gasses.  He said the proposed approach to this situation involves the installation of wells that will determine the rate of flow and the active venting apparatus that will suck the landfill gasses out of concentrations that are pocketed in the earth.  Mr. Sabine said the soil ventilation extraction (SVE) would be placed around the perimeter of the waste in the vicinity of the Windy Hill area and would have an active venting that would suck the land fill gasses out and disperse them.

 

Commissioner Adams asked if this would be an on-going operation. 

 

Mr. Sabine, “said at some point, you should reach the natural point of diminution.”

 

Commissioner Adams asked if it was flammable gas.

 

Mr. Sabine stated there are elements of landfill gas, most notably methane, which would potentially have some degree of flammability within the established parameters.

 

Mr. Sabine said the anticipated cost is approximately $425,000; he said, “they have identified a capital project fund, that given the necessary nature of this project, we can pull from the current budgets.”

 

 

 

 

Commissioner Holder said another concern is adjacent to the project is Henry Middle School with 2,000 students.  He asked if this would be in place by the time school starts.

 

Mr. Sabine said it will be underway; it will not be fully in place; however, the County has done some testing at the site and believe in the building itself, the County has not found any exposure to hazardous gas.

 

Commissioner Stamey asked, “from start to finish, what timeframe are we looking for this to be ready?”

 

Mr. Sabine said for full project build-out, the County is looking at twelve (12) weeks.

 

Commissioner Holder made the motion to approve the request and appropriate the funds necessary to accomplish the project and authorize the Chairman to sign; Commissioner Holman seconded.  The motion carried unanimously.

 

 

Request Authorization of Matching Funds for a Georgia Heritage Program Grant for the Main House on the Nash Farm Battlefield.

 

WHEREAS, Henry County recently acquired the Nash Farm Battlefield property; and

 

            WHEREAS, the main house, home of Thompson E. Nash, is the oldest structure on the site; and

 

            WHEREAS, a Historic Structure Report needs to be done in order to correctly determine the steps necessary to restore the home to the historic period of the mid-1800’s; and

 

            WHEREAS, the Report is estimated to cost a total of $16,667.00; and

 

            WHEREAS, Henry County is applying for a $10,000 Heritage Program Grant from the Georgia Department of Natural Resources, Historic Preservation Division; and

 

            WHEREAS, the Department of Natural Resources requires a resolution stating that if the grant is awarded, Henry County will provide a 40 percent local match of the total cost of the project, which would be $6,677.00.

 

            NOW, THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners authorize the Chairman to sign a resolution stating that if the Heritage Program Grant for the main house on the Nash Farm Battlefield is approved, the 40 percent matching funds will be made available.

 

 

 

 

 

 

 

Mr. Larry Stanford, Grants Administrator, said the grant is a 60/40 split on the total cost of the project; he stated the Heritage Program portion would be $10,000, and the 40% the County would be required to match would be $6,667.00.  He said the application requires a resolution from the Board of Commissioners, stating if the grant is approved, the matching funds would be available.

 

Mr. Sabine stated the grant match would come from the County’s budgeted Grant Match Account, where a certain portion is set aside each year for matches on grants. 

 

Commissioner Mathis made the motion to approve the request; Commissioner Stamey seconded. 

 

Commissioner Holder commented, “we all know the sky is the limit on what can be spent there; we will have to be realistic, and we already know what we have spent in just acquiring the property. When you look at the scope of things, we continue to put money into it, and questions could be raised from constituents from throughout the County.”

 

The vote was taken; the motion carried unanimously.

 

 

COMMUNICATIONS DEPARTMENT:

 

Request Approval and Award of a Bid for the Broadcast Production Facility for Henry County’s TV-96.

 

WHEREAS,   the proposed tape-less, IT-centric system will provide Henry County the ability to offer citizens a channel, operating 24/7, with airings of Commissioners meetings, Department information (e.g. County events, job openings), County-related news and programming.

 

WHEREAS, this system will also provide the foundation for future live-coverage of Commissioners’ meetings and the capability to transmit immediate Emergency information for County residents.

 

WHEREAS,   a tape-less, IT-centric system is recommended due to its long-term cost savings and its ability to efficiently ingest, edit, archive and distribute video without the use of costly tape machines and related equipment.

 

WHEREAS,   this project was bid through the Purchasing Department; bid invitations were sent to two (2) local and two (2) national vendors, as well as posted on the internet.

 

WHEREAS, only one (1) responded to the mandatory pre-bid meeting and submitted a bid.

 

WHEREAS,   it is recommended that the bid with the proposed timeline modifications be approved and the contract be awarded to Technical Innovations in the amount of $462,985.00; contract will cover equipment, project management, engineering services, installation/testing, CAD services and training on system.

 

NOW, THEREFORE, BE IT RESOLVED by the Henry County Board of Commissioners that the Board hereby awards the bid with modifications as set forth therein and approves the contract with Technical Innovation pertaining to Henry TV 96. The Chairman is hereby authorized to execute said Agreement on behalf of the Board.

 

 

Ms. Julie Hoover-Ernst, Communications Director, said this does not give the County the broadcast capabilities; she said that would be a separate bid through Charter.  She said this request gives the County all of the equipment to produce and edit the programming. 

 

Commissioner Holder asked for the approximate cost of the contract with Charter.

 

Ms. Ernst said the estimate given is $35,000, but the County has not been able to receive a firm number from Charter.  She said this would be a one-time cost to install the fiber.  Chairman Harper said this is a piece of fiber-optics equipment (transmitters/receivers) that is needed; he added this is not a fee or a franchise fee.

 

Mr. Rob Magnaghi, County Manager, said the cost was identified under the 2005/06 budget under the funds set aside for Commission expenditure, and it was carried over into this budget.

 

Commissioner Mathis asked if the price includes any kind of training or support services.

 

Ms. Ernst said it includes training on the equipment and any type of follow-up as needed.

 

Commissioner Mathis made the motion to approve the resolution, authorize the entry of the contract, and authorize the Chairman to execute the agreement; Commissioner Holder seconded.  The motion carried unanimously.

 

 

SPLOST/CAPITAL PROJECTS:

 

Request Award of a Bid and Approval of a Budget Amendment Regarding the Fairview Library.

 

          WHEREAS, Fairview Library is a designated SPLOST II project; and

 

WHEREAS, sealed bids were solicited; and

 

            WHEREAS, the SPLOST Management Division received two (2) sealed bids for the construction of Fairview Library; and

 

           

 

 

 

WHEREAS, a budget amendment is needed to cover the increased construction and related cost in the amount of $ 655,000.00, making the total project budget $ 2,855,000.00; and

 

WHEREAS, funding for this is available in SPLOST II Unallocated; and

 

WHEREAS, the SPLOST Management Division recommends the low bidder, Headley Construction in the amount of $2,192,400.00.

 

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

 

 

Mr. Roy Clack, SPLOST/Capital Projects Director, stated this site is on the corner of Austin Road and Fairview Road, and it is a part of a 40-acre tract of land that the County owns.  He said there are numerous things that have added to the cost; asphalt, concrete, and steel.  He said this library’s floor plan is exactly like the other two (2) libraries in Stockbridge and Locust Grove (15,000 square feet).  Mr. Clack said this site is different from the other sites, in that it is on septic system, where the other two libraries are on City sewer.  He said this site has a new stormwater management pond to control stormwater, where the other two were permitted prior to the current Stormwater Regulations.  He stated because the project will face two (2) roads (on a through lot), there was additional landscaping in the rear along Fairview Road and around the retention area to beautify the rear of the building. 

 

Mr. Magnaghi stated, “I think it is important to focus on the Fairview Library, and get the Library built; do it with whatever funds are necessary, based upon the bid.  What other allocation or redistribution or balancing that we can do, we can do it at another time.  I do not want to lose any more time on the Fairview Library, both cost issues and timing issues, and I would like to get this completed and available to that area of the County.”

 

Commissioner Holman made the motion to approve the bid to Headley Construction, authorize the Chairman to execute the contracts for the construction of the Fairview Library, and to approve the necessary budget amendment estimated at $655,000.00 to cover the cost; Commissioner Holder seconded.  The motion carried unanimously.

 

 

APPROVAL OF MINUTES:

 

Commissioner Holman made the motion to approve the June 15, 2006 Board of Commissioners/Board of Education Meeting Minutes; Commissioner Adams seconded.  The motion carried 4-0-1 with Commissioners Holman, Holder, Adams, and Stamey voting in favor, and Commissioner Mathis abstaining due to her absence.

 

 

 

 

Commissioner Holman made the motion to approve the June 19th and June 20th, 2006 Regular Board of Commissioners’ Meeting Minutes; Commissioner Holder seconded.  The motion carried unanimously.

 

 

COUNTY MANAGER COMMENTS:

 

Request Approval of a Resolution Ratifying the Creation of a Building Advisory Oversight Committee for the Henry County Judicial Center.

 

WHEREAS, the Board of Commissioners is the custodian of the public buildings and grounds of Henry County; and

 

WHEREAS,   the Board of Commissioners has sought to address the growing facility needs of the judicial system in Henry County through the construction of a new Henry County Judicial Center, using proceeds from the Special Purpose Local Option Sales Tax (SPLOST II); and

 

WHEREAS,   the Board of Commissioners is aware that a number of functions shall be housed in this new building; and

 

WHEREAS,   the Board of Commissioners desires to ratify the creation of a Building Advisory Oversight Committee for the Henry County Judicial Center as a means to facilitate advisory recommendations from key stakeholders with respect to building management needs at this facility.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County that the Board ratifies the creation of a Building Advisory Oversight Committee for the Henry County Judicial Center. The Advisory Committee shall meet from time to time, as required, to discuss facility management needs (including space allocation requests) and forward such recommendations to the County Manager and Board of Commissioners.

 

BE IT FURTHER RESOLVED that the Board hereby ratifies the following appointments to said Advisory Committee: The Chief Superior Court Judge for the Flint Judicial Circuit, the Chief State Court Judge for Henry County, the District Attorney for the Flint Judicial Circuit, the Solicitor General of Henry County, the Probate Judge of Henry County, the Chief Magistrate of Henry County, the Chief Juvenile Court Judge of Henry County, the Sheriff of Henry County, and the Clerk of Superior Court for Henry County.

 

BE IT FURTHER RESOLVED that the Board hereby ratifies the following ex-officio appointments to said Advisory Committee: The Chairman or a Commissioner from the Board of Commissioners, the County Manager of Henry County, and the Public Safety Director of Henry County.

 

 

 

 

 

Mr. Magnaghi said, “what we are trying to accomplish is to make sure we have some sort of consensus; the use of the building, space, etc.  Before the building was completed, we were getting recommendations for modifications to the existing floor plans, and that was coming from anticipated shell space that would be used in the future. Once we start using the shell space, then it would become an issue, ‘would that affect another user of the building (some time in the future).’  In an informal dialogue, we talked about trying to create an environment to give them input, so that no single entity of that particular building could dominate any residual space, policies and procedures, etc.  In discussions with the users, it has been emphasized the ultimate decision of any items relative to the use of the building, whether it is policies and procedures involving hours of operation, who occupies what space, or what programs would be allowed in the building (other than the normal judicial functions) would ultimately be a decision made by the Board of County Commissioners.  I want that to be the emphasis that this is an Oversight Group; this is not a group that will take a vote, and that would become the rule, based upon their vote.  Their vote would be simply whether they support or do not support recommendations to the Board of Commissioners.”

 

Chairman Harper said he had two (2) suggestions; 1) “in the second paragraph from the bottom in the resolution, I would add a member; we left the Probate Judge out.  If you are dealing with a Judicial Center, have all of the Judges and Prosecutors there; if you have ‘X’ number of buildings, they can divide among themselves how to operate that.  The Probate Judge, Kelly Powell, should have a voice, and she is the only Judicial Officer we left off.”

 

Mr. Magnaghi added the Clerk of Superior Court, Ms. Judy Lewis.  He said it may also be a constructive way to deal with issues relative to the entire judicial process.

 

Chairman Harper said his second suggestion is, “the last paragraph in the resolution where it lists the ex-officio appointments, I would have a member of the Board attending, just as an ex-officio person, not as a voting member, but just to observe the discussion.”

 

Commissioner Holder said he agreed with the creation of the committee.  He said, “we are creating a very strong lobby, made up of several constitutional officers.  In my past experience in dealing with the Courthouse, the majority of these people feel the Courthouse belongs to them.  The Board of Commissioners is just the financing mechanism to provide them with space. This takes one of the constitutional officer’s authority and waters it down to where that has to go before all of those people (all named in resolution).  One cannot run over the other; the positive side of this is not one of these individuals is going to have any more say-so than the other; it puts all of them in a group, and I am glad to see that.  It will make your job easier.”   

 

Commissioner Holman made the motion to approve the request with the two (2) changes of adding the Probate Judge and the Superior Court Clerk to the list of actual members and a Board of Commissioners’ designee as an ex-officio; Commissioner Adams seconded.  The motion carried unanimously.

 

 

 

 

 

 

 

COUNTY ATTORNEY COMMENTS:

 

Annexations:

 

A.              Annexation – Locust Grove – A Resolution to Accept an Application of Paulette

Bunn for Annexation of 0.776+/- acres pursuant to O.C.G.A 36-36-20.

 

B.              Annexation – City of McDonough / Econolodge; the property is .95 +/- acres

Located in Land Lot(s) 162 and 191 of the 7th District in Henry County, Ga.

 

C.              City of Locust Grove:

 

1.               Mustique, LLC: Approximately 3 acres located at 125 Bethlehem Road

(Land Lot 248 of the 2nd District).

           

2.               Jeffrey & Beth Floyd: Approximately 19.25 acres located at Highway 42

South (Land Lot 233 of the 2nd District).

 

3.               Paulette Bunn: Approximately 2.199 acres located at 143 South Barnes

Drive (Land Lot 155 & 166 of the 2nd District).

 

4.               Christine Burns: Approximately 1.25 acres located at Highway 42 South

(Land Lot 233 of the 1st District).

 

5.               Nevada Burns: Approximately 1.25 acres located at Highway 42 South

(Land Lot 233 of the 2nd District).

 

6.               Doris & Rogers Laster: Approximately 1.25 acres located at Highway 42

South (Land Lot 233 of the 2nd District).

 

 

Chairman Harper said he has reviewed all of the annexations; he said Item A and Item C are all in Locust Grove, and as he read them, all of those annexations are being annexed at the exact same zoning classification they are today; therefore, no objection could be made.

 

Chairman Harper stated Item B is an annexation for the City of McDonough, the Econolodge property.  He said this is a zoning classification change, but he did not know whether it qualified for an objection; it is going from C-2 to C-4 with variance.

 

Mr. Patrick Jaugstetter, County Attorney, stated, “it really is not; this is an improved piece of property.  The use existing on this property today (motel use), in order to be legal in McDonough, it has to be C-4. There will be no new use of this property.”

 

 

PUBLIC COMMENTS:

 

There were no public comments.

 

UPCOMING MEETINGS:

 

7/31/06            Monday           9:00 a.m.         Regular Board of Commissioners Meeting

 

8/01/06            Tuesday           9:00 a.m.         Regular Board of Commissioners Meeting

 

8/14/06            Monday           9:00 a.m.         Regular Board of Commissioners Meeting

 

8/15/06            Tuesday           6:30 p.m.         Regular Board of Commissioners Meeting

 

 

 

EXECUTIVE SESSION:

 

Commissioner Adams made the motion to adjourn into Executive Session at 10:39 a.m., in accordance with the provisions of O.C.G.A. 50-14-3, and other applicable laws, and pursuant to the 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 Holder made the motion to reconvene into Public Session; Commissioner Stamey seconded.  The motion carried unanimously.

 

Commissioner Mathis made the motion to authorize the acquisition of 0.1194+/- acres of land and 0.1792+/- acres of permanent construction easement in Land Lot 24 of the 12th District in Henry County, Georgia by negotiated contract or condemnation pursuant to provisions of O.C.G.A. section 32-3-4 through section 32-3-19; Commissioner Holder seconded.  The motion carried unanimously.

 

Commissioner Mathis made the motion to authorize the Chairman to sign the affidavit of the Executive Session; Commissioner Holder seconded.  The motion carried unanimously.

 

Commissioner Stamey made the motion to adjourn at 12:22 p.m.; Commissioner Mathis seconded.  The motion carried unanimously.

 

 

 

                                                            Jason T. Harper, Chairman

 

 

Peggy L. Malcolm, Deputy County Clerk