STATE OF GEORGIA

 

 

COUNTY OF HENRY

 

 

 

The Henry County Board of Commissioners held a regularly scheduled Public Meeting at 6:30 p.m. on Tuesday, June 20, 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; LaTonya Wiley, Deputy County Attorney; Shay Mathis, 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; Ray Gibson, Planning and Zoning Director; Cheri Hobson-Matthews, Planning and Zoning Assistant Director; Michael Sabine, Assistant to the County Manager; Roy Clack, SPLOST/Capital Projects Director; Julie Hoover-Ernst, Communications Director; Mike Bush, Financial Services Director; Tommy Smith, Executive Assistant to the Board of Commissioners for Constituent Services; 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 announced to the first time attendees that in the past month, the meetings have been held in a Conference Room as opposed to the regular room.  He said the Community Room is being renovated and fitted to broadcast the Board Meetings on air.  He apologized for the inconvenience and said this arrangement is temporary. 

 

Chairman Harper made the following announcements; he said the following rezoning requests would not be heard at this meeting: 

 

·       RZ-06-15 – William Y. Barton of Jonesboro, Georgia requests a rezoning from RA (Residential/Agricultural) to C-3 (Heavy Commercial) for property located on the south side of Walt Stephens Road, east of Monarch Village Way, consisting of 4.0+/- acres. He stated the property has been annexed into the City Limits of Stockbridge, Ga., and the County does not have jurisdiction. 

 

·       RZ-05-50 – Jeff Grant of Stockbridge, Ga. requests a rezoning from RA (Residential/Agricultural) to R-2 (Single-Family Residential) for property located at the intersection of Hemphill and Moseley Roads, consisting of 273.03+/- acres.  The request is to develop a single-family conservation residential subdivision, and the item has been postponed and will be re-advertised for a later date. 

 

Chairman Harper stated the following partial road abandonment request was advertised for this meeting but will not be heard:

 

·       Public Hearing to abandon a portion of Whitesand Bay Drive.

 

Chairman Harper said the following item was postponed yesterday and moved to today’s Agenda but will not be heard; the applicant has withdrawn his appeal:

 

·       Mr. Mark Griswell of Sandy Spur Development, LLC is requesting an appeal of current zoning for property located on Walker Drive.

 

Chairman Harper asked for an Acceptance of the amended Agenda; Commissioner Holman made the motion to approve the amended Agenda; Commissioner Adams seconded.  The motion carried unanimously.

 

 

 

 

 

 

 

 

 

 

 

 

 

A PROCLAMATION IN APPRECIATION OF
TED ALGER FOR GRADING WORK
COMPLETED AT THE SOUTH CEDAR PARK TENNIS COURTS

 

WHEREAS, in 1996, the Henry County Parks & Recreation Department, together with Mr. Wendell Campbell of the Henry County Tennis Association and Mr. George Horner decided that the rapidly growing community of Henry County would benefit by adding tennis courts at South Cedar park in McDonough; and

 

WHEREAS, the lowest quote received for the grading work for the courts exceeded the project budget, forcing the County to postpone work until it could afford to fund the much needed project; and

 

WHEREAS, Mr. Ted Alger, upon hearing about the need for the tennis courts and the County’s budget constraints, agreed to donate the labor and equipment for the grading work for six tennis courts; and

 

WHEREAS, Mr. Alger and his son worked for two solid weeks grading the slab for the tennis courts, sloping the banks surrounding the complete back side of the property, hauling dirt and leveling the site where the tennis center building now sits, hauling additional dirt to an adjoining soccer field to allow for crowns to be installed on both fields, and some additional grading to improve drainage.  Mr. Alger also donated the steel rebar for the concrete slab where the tennis courts were to be constructed; and

 

WHEREAS, the work Mr. Alger performed was estimated to have cost more than $75,000 if another grading company had completed the same project, and therefore enabled the County to construct tennis courts for the community to enjoy where it otherwise could not afford them.

 

NOW, THEREFORE, BE IT PROCLAIMED that the Henry County Board of Commissioners wishes to express its appreciation to Ted Alger and his entire family for their extraordinarily generous donation of time, talent and resources to complete the grading work for six tennis courts and a tennis center at South Cedar Park and, on behalf of the community, thank them for their work which provided a new and improved place for recreation which all Henry County citizens could enjoy.

                       

                                   

Chairman Harper said this is ten (10) years too late, but he said ten (10) years ago this gentleman came forth and offered this generous donation to the County.  Chairman Harper said that does not come along often when someone donates $75,000 worth of material and labor to do something for their community. 

 

Chairman Harper asked Mr. Alger, his family and any member of the Tennis Association to come forward to receive the Proclamation and have photos taken.

 

 

 

PROCLAMATION

 

FAIRVIEW CIVIC CENTER

 

 

               WHEREAS, the Fairview Civic Club learned that the police department did not have any thermal imaging equipment in its inventory that would allow members of the department to conduct effective night searches for missing persons or perform drug interdiction duties; and

            WHEREAS, under the spirit of citizen-service, the Fairview Civic Club decided to empower the police department by providing the $10,000 (ten thousand dollar) funding for a thermal imaging device that could be used for various search missions; and 

 

            WHEREAS, this critical piece of equipment will help the police department track missing children and disabled/endangered adults that have wandered away from their homes; and

 

WHEREAS, the police department will also share the use of this thermal imaging equipment with the fire department for the effective and immediate search of fire-involved structures to locate and remove potential victims.

 

            NOW THEREFORE BE IT PROCLAIMED, the Henry County Board of Commissioners wishes to publicly thank the Fairview Civic Club for their generous donation that will significantly increase the effectiveness of law enforcement and rescue services within Henry County.

           

            BE IT RESOLVED, that this Proclamation is presented to the Fairview Civic Club on June 20th, 2006.

           

 

Chairman Harper stated, “the Board would like to thank you so much for coming forward and providing something that you certainly did not have to do.”  He asked for the Fairview Civic Club Members to come forward to accept the Proclamation and to have photos taken.

 

Mr. Michael Turner, Public Safety Division Director, stated on rare occasion, the Public Safety Division will issue commendations, and this is one of only five during his tenure at Henry County.  Mr. Turner read the Public Safety Commendation as follows:

 

 

 

 

 

GREETINGS;

 

Be it known, the Henry County

Public Safety Department confers

this Commendation upon the:

 

FAIRVIEW CIVIC CLUB

 

for their generous donation of ten thousand dollars. The donation will be used to purchase a handheld thermal

imaging device. This device will enable our police and fire

department to effectively search for missing children and

endangered adults, as well as, enabling the drug

enforcement unit to perform nighttime drug trafficking

interdiction.

 

This Commendation is awarded on June 20, 2006.

 

 

Chairman Harper said he had been notified, regarding Agenda Item VIII-C - Polar Construction, LLC (RZ-06-13), this request will be tabled.  The request is a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residential) for property located on the western side of Chambers Road, consisting of 6.01+/- acres. 

 

Commissioner Holman made the motion to amend the Agenda to table the request; Commissioner Stamey seconded.  The motion carried unanimously.

 

Chairman Harper announced the request will be re-advertised, when it is placed back on an Agenda, at the applicant’s request.  

 

 

 

 

 

 

 

 

PUBLIC SAFETY DIVISION:

 

A Request to Accept a Donation from the Fairview Civic Club to Aid in the Purchase of a Thermal Imaging Device.

 

WHEREAS, terrorism, vandalism, and random violence threaten the safety of personnel and the integrity of public and private facilities; and

 

WHEREAS, a comprehensive security program utilizing thermal imaging is the key to asset protection and risk mitigation by exposing threats hidden in the darkness, concealed by adverse weather and veiled by obscurants like dust, fog, and smoke that easily blind other technologies, and

 

WHEREAS, not only would this thermal technology aid in search and seizure missions, but also aid law enforcement personnel in locating missing persons; and

 

WHEREAS, the Fairview Civic Club voted to donate $10,000 toward the purchase of a thermal imaging device.

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners authorizes the Chairman of the Henry County Board of Commissioners to accept the donation of $10,000 and execute any documents necessary to purchase a thermal imaging device for which this money will be earmarked.

 

 

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

 

 

PLANNING AND DEVELOPMENT DIVISION – ZONING HEARINGS:

 

G & G Land Development, LLC – RZ-06-11 – District III.

 

            WHEREAS, G & G Land Development, LLC (RZ-06-11) applied to rezone the subject property from RA (Residential Agricultural) to R-2 (Single-Family Residence) for the development of Phase II of the Hickory Hills Subdivision.  The property is located on the north side of Turner Church Road, east of Airline Road (parcel ID # 121-02-043-000) in Land Lots 75 and 86 of the 7th District, consisting of 9.69+/- acres; and

 

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

 

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

 

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 11, 2006.

 

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the above rezoning request with the following thirteen (13) conditions:

 

1.     All homes shall have a minimum of 2,400 square feet of heated space for one-level homes and 2,600 square feet of heated space for two-level homes.  Each side of the homes shall have a combination of two of the following materials: brick, stone, stucco, and cement fiberboard, without defining cement fiberboard as a masonry product.

2.     A 40 foot undisturbed buffer shall be placed around the perimeter of the entire property, including the property known as “Hickory Hills Phase I,” with the exception of a small area near the rear of the lots on Gentry Drive.  This area will be used as a diversion swale, per condition number 3 of RZ-03-63.

3.     No trees shall be cut or removed except for the construction of the streets, associated infrastructure, homes, driveways, etc.  Clear-cutting or mass grading of the site shall be prohibited.

4.     A mandatory homeowners’ association shall be created prior to recording the final plat for the development, per condition number 6 of RZ-03-63.  The homeowners’ association shall be self-sustaining, with yearly dues, and will have strict covenants governing the use of the property.

5.     There shall be an 80-foot boulevard entrance with a divided median.

6.     Net density shall not exceed 1.8 net dwelling units per acre for the master plan development.

7.     All homes shall be built on site.  Modular homes shall not be permitted.

8.     Developer shall install sidewalks on both sides of all streets within the development.

9.     All yards shall be sodded to the rear drip line of the house.

10.  Underground utilities shall be installed.

11.  Developer shall install accel/decel lanes as required by the Henry County Department of Transportation.

12.  No building permits shall be issued to allow the construction of any houses on the property until sewer is installed, inspected, and operable.

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

 

 

Commissioner Stamey recused himself from consideration of this item request.

 

Mr. Ray Gibson, Planning and Zoning Director, stated this request is for Phase II of the Hickory Hills Subdivision.  He said the applicant is seeking to develop eighteen (18) additional lots on the 9.69+/- acres for a net density of 2.0 dwelling units per acre. He stated combined with Hickory Hills Phase I, the total net density will be 1.7 dwelling units per acre.  Mr. Gibson said staff recommended denial of this request based on the Future Land Use Map, but he noted the character of the area has been changing to a low-density residential nature.  The Zoning Advisory Board recommended approval with twelve (12) zoning conditions, not including the thirteenth (13th) condition added by staff if approved. 

 

Chairman Harper asked if there was any opposition from the audience; there was no response.

 

Chairman Harper asked the applicant, Tom Gabey, if he was in agreement with the recommendation for approval with the thirteen (13) conditions.  Mr. Gabey agreed.

 

Commissioner Adams made the motion to approve the rezoning request with the thirteen (13) conditions; Commissioner Holman seconded.  The motion carried 4-0-1 with Commissioners Adams, Holman, Holder, and Mathis voting in favor, and Commissioner Stamey abstaining.

 

 

Travis and Tammy Morrison – RZ-06-12 – District III.

 

WHEREAS, Travis and Tammy Morrison (RZ-06-12) applied to rezone the subject property from RA (Residential Agricultural) to C-2 (General Commercial) to operate a minor automobile service and repair center.  The property is located at 1068 Dailey Mill Road, south of Jodeco Road (parcel ID # 072-01-004-000) in Land Lot 66 of the 7th District, consisting of 2.22+/- 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 of the rezoning request from RA (Residential Agricultural) to C-2 (General Commercial) on May 11, 2006.

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approves the above rezoning request with the following nineteen (19) conditions:

  1. Applicant must meet all fire, building, and accessibility codes for a business.

 

  1. Applicant is required to submit a full set of plans to the Building Department in order to obtain permits.

 

  1. There shall be a landscaped buffer of forty foot (40”) adjacent to residential use.

 

  1. A detailed landscaping plan shall be submitted and shall exceed the minimum requirements of the Ordinance.  The following number of plant material shall be required for each 50 linear feet, or portion thereof.  Of the required buffers, any plant shall be replaced if they expire.

 

a)         1 canopy tree 3” in diameter

b)         1 evergreen tree 2” in diameter

c)         1 understory tree 1” in diameter

d)         5 evergreen shrubs 4’ in height

 

The front of the business shall be sodded and sprinkled.  All large trees shall remain where feasible.  The Department of Development Plan Review shall have final approval of the plan prior to the issuance of any permits.

 

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

 

  1. All signage shall have consistent character and design details (such as trellis, brick, river stone, etc.) that reflect the design of the project.  Any monument or ground sign shall not be over five feet (5’) tall.

 

  1. Detention ponds shall be placed toward the rear of the property, if possible.  It shall be landscaped with evergreen shrubs four feet (4’) in height so that the detention pond is not visible when you are standing there looking at the site.

 

  1. Parking for the development shall meet the requirements of the Henry County Code of Ordinances.

 

  1. An acceleration taper and deceleration lane is required per HCDOT’s standards.

 

  1. Entrance location is to meet the minimum intersection sight distance for the posted speed limit of Dailey Mill Road.  The existing entrance shall be removed in its entirety.

 

  1. The site shall have one (1) entrance from Dailey Mill Road which shall be paved.

 

  1. The exterior of all buildings shall consist of brick and/or stucco or any combination thereof.
  2. Dumpster shall be placed on a concrete pad and enclosed on all sides.  The enclosed area of the dumpster shall be consistent with the primary structure and located in the rear of the building.

 

  1. All vehicles shall be stored on paved surfaces and not visible from Daily Mill Road beyond business hours.

 

  1. No vehicles are to be advertised or sold from this property.

 

  1. A right-of-way strip (forty feet (40’) from the centerline of Dailey Mill Road) shall be donated to the County.

 

  1. Stormwater Management shall review the plans prior to issuance of any permits.

 

  1. The property shall be used for a minor automotive service and repair center.  No other C-1, C-2 or C-3 uses shall be permitted 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 Hobson-Matthews, Planning and Zoning Assistant Director, stated the applicant is requesting a rezoning for a 2.22-acre tract of land located on Dailey Mill Road, which is classified as a minor arterial roadway.  She said currently there are three (3) structures on the property, and the applicant is seeking to leave those three (3) structures on the property and construct another building, which will be approximately 3,200 square feet.  Ms. Matthews said the property is surrounded by other commercial, industrial, and office institutional zoning designations, although those uses have not been developed except for the M-1 piece to the immediate east of the subject property.  She stated the Future Land Use Map does designate the property for future commercial and service land uses, and the request does advance the goals of the Joint Comprehensive Development Plan.  Ms. Matthews said the Zoning Advisory Board heard the request on May 11, 2006, and recommended approval of the request with nineteen (19) conditions.

 

Chairman Harper asked if there was any opposition to the request from the audience; there was response.

 

Chairman Harper asked the applicant to come forward to make his presentation.

 

Mr. Travis Morrison, the applicant, said he has a business called the Honda Doctor at 2206 Jodeco Road, McDonough, and he would like to relocate to 1068 Dailey Mill Road.  He said he is not looking to make it a big business; he would like to keep it small, and Mr. Morrison lives next door to where he would like to move the business.  He stated he did not want to disrupt the residences in the area, and he wanted to keep it clean.  Mr. Morrison said the two (2) existing garages would be used for storage for cars, noting he did not want to leave them outside overnight.  He said what was considered a pool house (two-story building) would be used as the office and lobby reception area for customers.  His desire is to build a 40’ X 80’ I-beam steel building on the primacies and to use an existing garage for approximately six (6) months until the bigger building is constructed.  Mr. Morrison added he agreed to all of the nineteen (19) conditions as proposed. 

 

Commissioner Stamey asked when Mr. Morrison would start construction on the 40’ X 80’ building. 

 

Mr. Morrison stated due to the cost, he has plans of starting the accel/decel lane this year, and the start date for the construction of the I-beam building would be early to mid-year 2007.

 

Chairman Harper asked for anyone in opposition to come forward.

 

 Mr. John Whorton, who lives at 1065 Dailey Mill Road, said he lives directly across from the subject property.  He said he was under the impression Mr. Morrison had to tear down all of the old buildings at that location. 

 

Commissioner Stamey said some of the structures would be torn down as Mr. Morrison does improvements, but some will be temporarily occupied while expanding the business. 

 

Mr. Whorton said his understanding was Mr. Morrison would construct new buildings.  He said the existing buildings are not what were needed in the community.  Mr. Whorton had a concern about what would happen if Mr. Morrison did not abide by the nineteen (19) conditions.

 

Commissioner Stamey said if he did not abide by all of the conditions, he would not receive a Certificate of Occupancy when Mr. Morrison started construction of the new building. 

 

Mr. Whorton said he did not want to sit on his front porch and look at a junk yard with old cars.  He said if the yards were improved and the construction occurred, he did not have any complaint, because it would be an improvement compared to the current appearance of the property. 

 

Ms. Matthews stated currently the property is zoned residential/agricultural and when the applicant submits his plans and pulls his permits from the Building Department, Mr. Morrison would have to make sure all of the structures meet fire, building, and any other Codes and Ordinances in place.

 

There was no other opposition to this request.

 

Commissioner Holder referenced Condition #15 and asked if the requirement was constitutional.

 

Chairman Harper said as in the past, the uses for C-2 are limited; he said they are preventing a car lot on the property.  Ms. Matthews said, “used car sales would fall under the C-3 category, and this is a reiteration that staff does not want it to happen.”

 

Commissioner Holder stated he still did not agree, because he thought an individual could sell a vehicle from a residence or from a business.  He said the Secretary of State and the Licensing Bureau determine whether or not the applicant would have a car lot; he said the applicant cannot sell his own vehicle from that site according to Condition #15.  Commissioner Holder said he still thought it was wrong.

 

Mr. Morrison said he had a customer who asked him to put a motor in his car, and then never returned to pick it up. He said to ‘recomp’ his money, he would have to actually sell the car.  Mr. Morrison stated he could place the car in front of his residence and sell it, but he could not sell it from the subject lot. 

 

Commissioner Holman agreed with Commissioner Holder and asked if language could be crafted to allow the applicant to sell only the cars he has to dispose of that have come to his property for repair. 

 

Ms. LaTonya Wiley, Deputy County Attorney, stated there would be no way to reasonably enforce that; she cited, as an example, the Home Occupation Ordinance does not allow the outside storage of materials, and there are other Ordinances that prohibit the selling of stored  materials used in connection with a business.

 

Mr. Whorton asked the Board to consider his request, because he did not want to view from his porch all of the parked or abandoned automobiles on the subject property located across the street from his property.

 

Ms. Wiley said it was brought to her attention that the State law limits the private sale of cars for private property at five (5) per year; she said anything above five (5), the individual would have to obtain a used car license.

 

Commissioner Stamey referenced Condition #13 and said he would like to make a correction: it states “Dumpster shall be placed on a concrete pad and enclosed on all sides.  He said it should read, “3-sides.”

 

Mr. Morrison said he agreed with all of the conditions. 

 

Commissioner Stamey made the motion to approve the request with nineteen (19) conditions; Commissioner Adams seconded.  The motion carried unanimously.

 

 

 

SPLOST/CAPTAL PROJECTS:

 

A Request for Approval to Increase the (2002) SPLOST Budget.

 

WHEREAS, the citizens of Henry County voted and approved a Special Purpose Local Option Sales Tax (SPLOST) in November of 2002; and

 

WHEREAS, Henry County started collecting the special tax in April 2003 and will continue collecting the Special Purpose Local Option Sales Tax until March of 2008; and

 

WHEREAS, the County has exceeded expectations in tax collections and growth rate since the start of collections; and

 

WHEREAS, the Staff has recalculated the SPLOST budget and recommends adjusting the total budget up by $8,500,000 to $126,500,000, based on current collections and rate of growth by the County; and

 

WHEREAS, seventy (70) percent of the $8,500,000 increase will go toward road projects in the County, with the remaining 30 percent going toward capital projects.

 

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners authorizes the increase of $8,500,000 to bring the total SPLOST budget to $126,500,000.

 

 

Mr. Roy Clack, SPLOST/Capital Projects Director, said in order to continue to fund the remaining projects in SPLOST, due to underestimating them from the beginning and due to the prices of the materials increasing, he felt safe (based on current collections) to increase the budget by $8,500,000 with 70% going towards the transportation projects. He said this would be $5,950,000 towards transportation and $2,550,000 towards capital projects.  Mr. Clack said it is not his intention to add any more projects to the program at this time.

 

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

 

Commissioner Holder commented, “with the amendment to the budget, during the entire SPLOST II program, each Commissioner needs to see where the funds have been spent to this point, and it needs to be done by District.  If there is any more distribution, we need to take that into consideration.  SPLOST is only a portion of the distribution of County tax dollars, and the funds should be distributed somewhat equally, so that each taxpayer can say they get an equal share of the tax dollar.”

 

Mr. Clack said they are currently working on thirteen (13) projects, that are under construction, and there are seventeen (17) currently in design and will come before the Board this year. 

 

Mr. Mike Bush, Financial Services Director, stated they have received Commissioner Holder’s request and a report has been created, and on a monthly basis the report will be updated and given to all Commissioners regarding impact fees, SPLOST and any other capital projects.

 

The vote was taken; the motion carried unanimously.

 

 

A Request to Award a Bid Pertaining to the Alignment of Patrick Henry Parkway and Approval of the Associated Budget Amendment.

 

          WHEREAS, Patrick Henry Parkway is a designated SPLOST II project; and

 

WHEREAS, sealed bids were solicited; and

 

            WHEREAS, the SPLOST Management Division received three (3) sealed bids for this project; and

 

            WHEREAS, the SPLOST Management Division recommends the low bidder, Sunbelt Structures in the amount of $6,037,236.52 which has been approved by GDOT; and

 

            WHEREAS, a budget amendment is needed to cover the increased construction and related cost in the amount of $ 1,610,337.00,

 

Total SPLOST budget             $3,073,237.00

GDOT contribution                 $5,234,000.00; and

 

            WHEREAS, funding for this is available in SPLOST II Unallocated.

                                               

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a budget amendment and the proposal of Sunbelt Structures and authorizes the Chairman of the Board to sign all necessary documents for the new alignment and paving of Patrick Henry Parkway from the existing road to Country Club Drive. All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

 

 

Mr. Clack stated the road is about 6/10ths of a mile long, and the bridge extending over the creek and wetlands is 430 feet long.  He said the cost of the bridge alone is $1,800,000.  He recommended the bid to be awarded to Sunbelt Structures in the amount of $6,037,236.00; he said this is the same company currently working on the Crumbley Road bridge.  Mr. Clack said besides the bid amount, there are costs related to right-of-way acquisition, design, and testing, which would be covered under this budget amendment. 

 

Commissioner Adams made the motion to approve the resolution; Commissioner Holder seconded for discussion.

 

Commissioner Stamey asked who owns this land. 

 

Mr. Clack said Killearn Properties, National Christian Foundation, and RJR; he said the County is buying several parcels from each.  Mr. Clack stated the County does not buy right-of-way at Eagles Landing very often, and this is very expensive property. 

 

Mr. Terry McMickle, Public Works Division Director, said this is enough right-of-way for a 4-laned project and enough capacity for a 4-laned bridge. 

 

The vote was taken; the motion carried unanimously.

 

 

A Request to Award a Bid Pertaining to the Widening and Paving of Lester Mill Road and Approval of the Associated Budget Amendment.

 

          WHEREAS, Lester Mill Road is a designated SPLOST II project; and

 

WHEREAS, sealed bids were solicited; and

 

            WHEREAS, the SPLOST Management Division received three (3) sealed bids for the widening and paving of Lester Mill Road from Bill Gardner Parkway to Greenwood Industrial, including a portion (2000 ft.) of Bethlehem Road, but does not include Bethlehem Bottoms; and

 

            WHEREAS, the SPLOST Management Division recommends the low bidder, McCoy Grading in the amount of $2,608,970.53; and

 

            WHEREAS, a budget amendment is needed to cover the increased construction and related cost in the amount of $2,500,000.00, making the total project budget $4,500,000.00; and

 

            WHEREAS, funding for this is available in SPLOST II Unallocated.

                                               

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a budget amendment and the proposal of McCoy Grading and authorizes the Chairman of the Board to sign all necessary documents for the widening and paving of Lester Mill Road from Bill Gardner Parkway to Greenwood Industrial, including a portion (2000 ft.) of Bethlehem Road, but does not include Bethlehem Bottoms. All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

 

(Commissioner Adams left the meeting and did not return.)

 

Commissioner Holder asked if this included the temporary bridge across Bethlehem Bottoms.

 

Mr. McMickle answered, “no.”  He said he had plans to meet with an engineering group this week to discuss the cost and the foundations needed at each end and span length. 

 

Commissioner Holder asked if this would come from SPLOST.

 

Mr. Clack answered, “probably.”

 

Commissioner Mathis made the motion to approve the budget amendment needed to cover the increased construction costs in the amount of $2,500,000, making the total project budget $4,500,000, and to award the bid of the project to the low bidder, McCoy Grading in the amount of $2,608,970.53; Commissioner Holder seconded.  The motion carried 4-0-0, with Commissioners Holder, Mathis, Holman, and Stamey voting in favor; Commissioner Adams was not present. 

 

 

PUBLIC WORKS DIVISION:

 

Public Hearing to Abandon a Portion of Industrial Parkway.

 

WHEREAS, Southpoint Exchange, LLC, has filed with the Board of Commissioners of Henry County, a Petition for Partial Abandonment of a portion of a public road known as Industrial Parkway, located in Land Lots 190 and 191 of the 7th District of Henry County, Georgia; and 

 

WHEREAS, that portion of said road sought to be abandoned is shown on a drawing which is attached to the said Petition, marked Exhibits “A;” and

 

WHEREAS, after due considerations, it appears that the property sought to be abandoned is no longer needed for public road purposes because of changed conditions and because it has ceased to be used by the public to the extent that no substantial public purpose is served by it, and it further appears to be in the best interest of all concerned as well as in the best interest of the public and Henry County, Georgia, to abandon that portion of Industrial Parkway ought to be abandoned by the aforesaid Petitioners.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County, Georgia, at its public meeting duly assembled, that a portion of Industrial Parkway shown marked on a plat which is attached hereto marked Exhibits “A”, and by reference made a part hereof, and a copy of which is on file in the office of this Board, be, and same is hereby abandoned.

 

Mr. McMickle stated this is a section of Industrial Parkway (about ½ acre) where the adjoining property owner asked the County to abandon this section.  He said when GDOT widened State Route 20, they realigned Industrial Parkway, leaving the old road bed where it existed.  Mr. McMickle said the adjacent property owner would like to acquire the property, once the County abandons it as a public right-of-way and then declares it surplus.  He added, “the County DOT’s position is any time a roadway is abandoned, they only like to keep the right-of-way the County needs to maintain our roads.  Any right-of-way that is not being used for roads should go into the Tax Digest to collect property taxes.” 

 

Chairman Harper asked if anyone in the audience would like to speak in opposition to this request.

 

Mr. Grant Brooker, legal counsel representing Marcie Taylor, who is a property owner south of the subject property, wanted clarification that the abandonment was not the right-of-way south of this property, but only the designated area as the acquisition proposed.  He expressed concern of the outlet to the back of the subject property, and Mr. Brooker asked to be notified for review if at any time in the future a request was made, because that is their ‘main stream’ into Bennett Properties, which services approximately 280 employees, plus drivers, etc.  

 

Chairman Harper said he did not think the driveway would be altered.  “For the record, the highlighted portion, which you referenced, is Exhibit ‘A’ to the resolution abandoning that portion, and only the bold box with the diagonal lines through it is what is being abandoned tonight; therefore, the right-of-way still exists south of that.”

 

There was no one in opposition to the request, other than the question from the audience. 

 

Commissioner Mathis made the motion to approve the abandonment of the portion of Industrial Parkway as referenced on the plat in the Exhibit Book; Commissioner Holman seconded.  The motion carried 4-0-0 with Commissioners Holder, Holman, Mathis, and Stamey voting in favor.

 

 

A Request to Award a Bid Pertaining to the Purchase of Quarry Stone and Rock.

 

            WHEREAS, sealed bids were solicited for the purchase of quarry stone and rock on a renewable contract basis; and

 

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

 

            WHEREAS, funds are available in the budget of the Department of Transportation for this commodity; materials will be ordered as required for approved projects; and

 

            WHEREAS, Vulcan Materials’ bid meets specifications.

 

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the contract for quarry stone and rock to Vulcan Materials; award shall be as a Unit/Price contract with no fixed quantities; prices shall remain firm for the contract period.  The Chairman is authorized to sign all necessary documents to accomplish this purchase.

 

 

Mr. McMickle said the current contract expires on June 30, 2006.  After receiving two (2) bid responses, he recommended awarding the contract to the low bidder, Vulcan Materials.  He said they are located nearby in Henry County. 

 

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

 

 

A Request to Award a Bid Pertaining to Road Intersection Improvements Along S.R. 81 / North Ola Road / Snapping Shoals / Wilson Drive.

 

            WHEREAS, sealed bids were solicited for a  project to widen sections of  SR 81 and North Ola Road for turn lanes, improve the North Ola Road/Snapping Shoals Road/Wilson Drive intersection and for the installation of a traffic signal at the North Ola Road/SR 81 intersection; and

 

            WHEREAS, three (3) vendors submitted bids for this project, as indicated; and

           

            WHEREAS, funds are available in the Capital Projects account for this project; and

 

            WHEREAS, Bruce Albea Contracting’s bid meets the required specifications and is the low bidder.  This vendor is recommended by departmental personnel.

 

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners awards the contract for road and intersection improvements to Bruce Albea Contracting in the amount of $1,611,353.73 and approves any budget amendments and/or transfers required to complete the construction project.  The Chairman is authorized to sign all necessary documents to complete this project.

 

 

Mr. McMickle stated this project is necessary to assist in the handling of increased traffic in the area due to the new Ola Middle and High Schools on North Ola Road, as well as additional residential development in the area.  He said this project includes signalization at the intersection of North Ola and Highway 81, the widening of North Ola from Highway 81 to Wilson and Snapping Shoals Roads, as well as left turn lanes going to the schools, and the realignment of Wilson and Snapping Shoals Church Road.  Mr. McMickle stated when this project was originally budgeted, asphalt cost approximately $45 a ton; currently, the bid on this project is $70 a ton.  He said some of the bid prices for asphalt on the other bids were $80 to $90 a ton; therefore, the County is experiencing a large increase in costs.

 

Mr. McMickle stated Commissioner Stamey requested to expedite the signal at the intersection of North Ola and Highway 81.  He said they put into this contract a 3-month completion time on the signal itself, with $1,000 a day liquidated damages on that section.  Mr. McMickle said the entire project has a 7-month completion time, and liquidated damages with $300 a day on the entire project. 

 

Chairman Harper stated a Patrol Officer will have to be placed at Highway 81 and North Ola due to the three (3) schools. 

 

Mr. Michael Turner, Public Safety Division Director, said they have already budgeted for an additional traffic control person, who would actually work that intersection. 

 

Commissioner Stamey asked if there was State participation on this project.

 

Mr. McMickle confirmed and related the funding mechanisms to the Board:

 

·       The design part of this project was $190,000, and the original estimate on right-of-way was $250,000 in January, 2006.

·       County now has data book and the parcel sizes in the amounts of right-of-way of $500,000.

·       Utilities involved is $130,000; $25,000 for power and $105,000 for Water Authority.

·       Construction issue was $1,611,000, and including testing, the total project budget was $2,440,000.

·       Have heard from State aid, but they have not sent the contract to the County, but they will contribute $412,000.

·       County has $200,000 in district allocation; $125,000 set up for the left turn lanes at the school, and $75,000 for widening of road; therefore, County is off-setting the $2.4 million with $600,000 ($412,000 from State, $200,000 from district allocation, and the $1.8 million from capital improvements).

 

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

 

 

 

Chairman Harper announced he received a phone call on today’s date at his law office that Senator Issackson is coming to Henry County on August 17, 2006 at 3:00 p.m. to be the keynote speaker at the County’s Courthouse dedication.  He stated Ms. Julie Hoover-Ernst, Communications Director, will prepare a press release announcing the details. 

 

 

PUBLIC COMMENTS:

 

Mr. John Cameron, who lives at 10 Gentry Drive, said he would like to commend a County Department.  He said his wife called the Road Department/DOT, because of the bank at their house, they were not able to see to exit their drive, and it was becoming a safety hazard.  He said the County sent a crew to their location and did a great job, and in fact, went further down the road and cleared the area.  Mr. Cameron said traveling down Gentry Drive, there is a curve where trees and bushes are growing, causing people not to be able to see what is coming around the curve.  He said the crew spent a half of a day clearing the area, and he thought they did an excellent job.  He said people in these types of jobs are over-worked and underpaid, and from time to time, they need something good to be said about them.   

 

Chairman Harper asked Mr. Tommy Smith, Executive Assistant to the Board of Commissioners for Constituent Services, to prepare a letter for the Chairman’s signature commending this crew for a job well done and notifying them a citizen came forward expressing his gratitude.  Chairman Harper said the County has a great team now, from the County Manager on down; he said this Board does not micro-manage this government anymore due to having a great staff. 

 

Mr. Cameron said he is glad to see the Board working as closely together as they are, and he is glad to see everybody on the same page in doing what is best for the County. 

 

Commissioner Holman said he would like to add to the comments; “yesterday morning, we had a Board Meeting, and Terry McMickle and I spent the entire day, until 7:00 p.m., dealing with road issues.  This gentleman, Terry McMickle, is one amazing individual.  He never flinches; when the citizens call, I pass it along to Mr. McMickle and he always has a smiling face and takes on the issues.  I would like to commend Mr. McMickle, and I am glad he is an employee.”

 

Chairman Harper and Rob Magnaghi, County Manager, also expressed their appreciation and gratitude to Mr. McMickle and listed examples of how Mr. McMickle had made his department a better and friendlier workplace.

 

 

FORMATION OF A COMMITTEE TO MAKE AN APPOINTMENT TO THE HENRY COUNTY BOARD OF ELECTIONS AND REGISTRATION PURSUANT TO SUBSECTION (b) OF CODE SECTION 21-2-40 OF THE O.C.G.A. EFFECTIVE JULY 1, 2006.

 

WHEREAS, the 2006 General Assembly adopted a local act creating the Henry County Board of Elections and Registration; and

 

WHEREAS, Section 2; Subsection 2 of the act requires that the Governing Authority of Henry County appoint a nominating committee to choose the At-Large Member of this new Board.

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners hereby:

 

1.     Designates that the nominating committee to appoint the At-Large Member of the Henry County Elections and Registration shall consist of three (3) Henry County Residents appointed by the Board of Commissioners;

 

2.     The following three (3) Citizens are hereby appointed as the nominating committee: 1. Mr. Tom Gabey; 2. Mr. Jim Risher; and 3. Mr. Ed Wallace;

 

3.     The nominating committee shall immediately convene pursuant to the local act and appoint a new At-Large Member to the Henry County Board of Elections and Registration; and

 

4.     The Clerk of the Henry County Board of Commissioners shall record the minutes of the nominating committee and file an affidavit pursuant to Section 4 of the Act to record the appointment with the Clerk of the Superior Court of Henry County.

 

 

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

 

 

 

 

 

 

COUNTY MANAGER COMMENTS:

 

Public Hearing:  A Request for Approval of Financing for the Expansion of the Henry County Detention Center.

 

WHEREAS, in an effort to eliminate overcrowding at the Henry County Detention Center, the Board of Commissioners has approved an expansion of the facility; and

 

WHEREAS, the expansion will cost $16 million, with $6.5 million paid from the fund balance, impact fees, and jail construction fund; and

 

WHEREAS, financing for the remaining $9.5 million has been secured through City Capital for 15 years at 4.5 percent interest; and

 

WHEREAS, payments will be $72,695 per month, and will be paid through jail construction funds and impact fees; and

 

WHEREAS, the loan is projected to be paid off in 10 years.

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners authorizes the financing of $9.5 million through City Capital for the expansion of the Henry County Detention Center and approves all budget amendments or transfers necessary for proper accounting of this resolution.

 

 

Chairman Harper asked if there was anyone in the audience who would like to comment on the approval of the financing of the expansion of the Henry County Detention Center; there was no response.

 

Commissioner Holder made the motion to approve the resolution and authorize the Chairman to sign any necessary documents; Commissioner Holman seconded.  The motion carried 4-0-0 with Commissioners Holder, Holman, Mathis, and Stamey voting in favor. 

 

 

 

COUNTY ATTORNEY COMMENTS:

 

There were no comments from the Deputy County Attorney.

 

 

 

 

 

 

 

UPCOMING MEETINGS:

 

7/03/06            Monday           9:00 a.m.         Meeting has been cancelled – All County

                                                                        Offices will be closed in observance of

                                                                        Independence Day.

 

7/04/06            Tuesday                                   Holiday – All County Offices will be closed

                                                                        in observance of Independence Day.

 

7/17/06            Monday           9:00 a.m.         Regular Board of Commissioners’ Meeting

 

7/18/06            Tuesday           6:30 p.m.         Regular Board of Commissioners’ Meeting

 

 

 

 

 

Commissioner Stamey made the motion to adjourn at 8:08 p.m.; Commissioner Holman seconded.  The motion carried 4-0-0 with Commissioners Stamey, Holman, Mathis, and Holder voting in favor.

 

 

                                                            Jason T. Harper, Chairman

 

 

Peggy L. Malcolm, Deputy County Clerk