STATE OF GEORGIA

 

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Regular Meeting at 9:00 a.m. on Monday, November 1, 2004, in the Community Room, County Administration Building, 140 Henry Parkway, McDonough, Georgia.  Notice of this meeting was posted on the bulletin board in the entrance foyer of the County Administration Building.  The Daily Herald was notified of this meeting.  Those present were:

 

            Leland Maddox, Chairman, presiding

            Lee Holman, Vice-Chairman, District V Commissioner

            Warren E. Holder, District I Commissioner

            Gary M. Freedman, District II Commissioner

            Jason T. Harper, District III Commissioner

            Gerry Adams, District IV Commissioner

 

Also attending were Linda Angus, County Manager; Patrick Jaugstetter, County Attorney; LaTonya Wiley, Deputy County Attorney; Susan B. Craig, County Clerk; Shay Mathis, Deputy County Clerk; Rob Magnaghi, Deputy County Manager & Public Safety Division Director; Michael Harris, Public Works Division Director; Danny Taylor, Economic Development Division Director; and others.

 

Chairman Maddox called the meeting to order and asked for an Acceptance of the Agenda.  Commissioner Holman made the motion to accept the Agenda with the following addition: Resolution Authorizing Execution of Corrective Deeds Regarding Hood Road Right-of-Way.  He stated this would be placed on the Agenda as item #VIII-A; Commissioner Adams seconded.  The motion carried 5-0-0 with Commissioners Holman, Adams, Harper, Freedman, and Holder voting in favor. 

 

 

PUBLIC COMMENTS:

 

There were no public comments.

 

 

 

 

 

 

PUBLIC SAFETY:

 

Request Approval to Accept a $2,000 Donation from the Sam’s Club to the Bureau of Police Services to Assist in Purchasing Bullet-Resistant Vests.

 

Chuck Evans, Marketing Director for Sam’s Club, advised that the Henry County Bureau of Police Services has been chosen to receive their “Hero Award” in a monetary grant of $2,000, and he wishes to donate a $2,000 check to the Henry County Bureau of Police Services to assist in Purchasing bullet-resistant vests for the Police Officers.

 

Commissioner Harper made the motion to approve the resolution authorizing the acceptance of a $2,000 grant donation from Sam’s Club for Purchasing six (6) bullet-resistant vests for $1,950 with $50 remaining toward the purchase of vests in the future; Commissioner Holman seconded.  The motion carried 5-0-0 with Commissioners Harper, Holman, Freedman, Holder, and Adams voting in favor.

 

 

Request Approval of a Bid Pertaining to a Project to Install Voice/Data Cabling for the Jail Complex.

 

Sealed bids were solicited for a project to install voice/data cabling at the Henry County Jail complex, and twelve (12) vendors submitted bids for this project.  Funds are available in the Sheriff’s communication account to complete this project.  Com-Tech’s bid in the amount of $16,464.10 meets bid specifications and is recommended by departmental personnel.  Chairman Maddox made the motion to approve the resolution; Commissioner Harper seconded.   The motion carried 5-0-0 with Commissioners Harper, Freedman, Holman, Holder, and Adams voting in favor.

 

 

Request Approval of a Bid Pertaining to Maintenance Services for the County-Wide Early Warning System.

 

Sealed bids were solicited for maintenance services for the County’s early warning siren system.  One vendor submitted a bid for this service as follows:

 

            Loudoun Communications, Inc.           Bid Amount: $4,800.00/

            Austell, Georgia                                                          Annual

 

Funds are available in the budget of the Emergency Communications department for these services.  The bid from Loudoun Communications, Inc. meets specifications and is recommended by department personnel.  The award is a unit/price contract with no fixed quantities, and the unit prices shall remain fixed for the contract period and any renewals. 

 

Commissioner Harper made the motion to approve the resolution; Commissioner Adams seconded.  The motion carried 5-0-0 with Commissioners Harper, Adams, Holman, Holder, and Freedman voting in favor.

 

 

PUBLIC WORKS:

 

Request Approval of a Bid Pertaining to the Purchase of CRS-2H Asphalt Emulsion. 

 

Sealed bids were solicited to purchase asphalt emulsion on a renewable contract basis.  Two (2) vendors submitted bids that meet the required specifications for this contract.  Funds are budgeted within the Department of Transportation for this commodity, and Central Oil Asphalt Co.’s bid meets bid specifications.  The recommended award is a unit/price contract with no fixed quantities or amounts, and prices may be subject to re-negotiation by vendor.  Supplies will be ordered as required and approved. 

 

Commissioner Holman made the motion to approve the resolution; Commissioner Holder seconded.  The motion carried 5-0-0 with Commissioners Holman, Holder, Freedman, Harper, and Adams voting in favor.

 

 

Request Approval to Allow DOT to Add a Change Order to the Design Contract with Neel-Schaffer, Inc., to Increase the Scope of the Design Work.

 

The scope of the original design contract is limited to the improvement at the intersection of East Atlanta Road and Thurman Road.  It was discovered during the review of the design that sight distance limitations existed on Thurman Road just outside the scope of the original design work.  The Henry County Department of Transportation determines that it will be prudent to increase the scope of the design work to include the improvement of the sight distance on Thurman Road to be part of the overall design.  The original design contract price is $39,348.00, and the change order cost will be $22,500.00 for the final design contract price of $61,848.00.  There is funding available on Thurman Road Project #DTD505 Account #351-4020-542-2026.

 

Commissioner Holman made the motion to approve the resolution; Commissioner Freedman seconded. 

 

Chairman Maddox asked if all the vendors bid somewhere near $39,000.00 for the design work, or was that low because the awarded vendor was going back and complete the $22,500.00 increase. 

 

Mr. Michael Harris, Public Works Division Director, stated the change order amount was not sent out for bid; the original bid came in from Neel- Schaffer, Inc. at $39,348.00. 

 

Chairman Maddox asked who is the next lowest bidder and did it include the change order cost. 

 

Mr. Harris said it did not include the amount.  Commissioner Freedman asked who requested the change order, and Mr. Harris said his department requested it.  Mr. Harris said, “once the vendor got into the design, it was noticed there were two areas on Thurman Road that had sight distance deficiencies, and the vendor came back to us showing the corrections needed and, at that point, we instructed them to prepare a price to be presented to the Board.”

 

Chairman Maddox said $22,500.00 was a lot of money for a change order; it is well over 50%.   He asked if it went back out for bid, with the corrections included, would the quote be less than $61,000.00.   Mr. Harris said, “perhaps it would be; the main portion, regarding the $39,000.00, has been awarded to Neel-Schaffer, but the remaining part could go out for bid.”  Chairman Maddox said, “when you get into change orders, that is when you get burnt.”

 

Commissioner Holder cautioned the Board regarding going back to bid on another piece of the entire design.  He said if the bid is awarded to another contractor, then there are two designers trying to match things, and it will never work.

 

The motion carried 5-0-0 with Commissioners Holman, Harper, Freedman, Holder, and Adams voting in favor.

 

 

HUMAN & COMMUNITY SERVICES:

 

Request Approval of an Amendment to the Atlanta Regional Commission.

 

The Senior Services Department is the local Agency on Aging, and Henry County Senior Services desires to accept the amendment of the ARC FY 2004-05 budget to increase the funding from the Atlanta Regional Commission in the amount of $1,867.00 to provide Home Delivered Meals to the seniors of Henry County.  Senior Services seeks approval of the Aging Subcontractor Contract Amendment between the Atlanta Regional Commission and the Henry County Board of Commissioners. 

 

Commissioner Harper made the motion to approve the resolution; Commissioner Holder seconded.  The motion carried 5-0-0 with Commissioners Harper, Holder, Adams, Freedman, and Holman voting in favor. 

 

 

 

 

 

 

 

ECONOMIC DEVELOPMENT:

 

Appeal to a Final Plat – Resolution to Determine Appeal on Denial of Lot 12 of the Peachtree Glen Subdivision.

 

Peachtree Homes, Inc. has filed a Notice of Appeal of the decision of denial on Lot 12 on the Final Plat of Peachtree Glen Subdivision located on Panola Road.  A final plat was submitted and reviewed and Lot 12 was denied through the Development Plan Review Department.  The property is located in Land Lot 186 of the 12th District (Peachtree Glen Subdivision) and the proposed subdivision is required to tie-in with the adjacent subdivision in order to adhere to Section 3-8-73 of the Subdivision Ordinance of Henry County. 

 

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

 

Mr. Steve Schafer, Development Plan Review Director, said this was a requirement put on one of the conditions to connect to the other subdivision, Belmont Farms.  He said normally it is advantageous to have the connectivity between subdivisions, but it is not a good idea in this case, because this would be connecting a new subdivision with a subdivision 15 to 20 years old.   

 

Chairman Maddox asked how many entrances the new subdivision will have.  Mr. Schafer answered, “one.” 

 

Commissioner Holder said he wanted to commend Mr. Schafer for bringing this to the Board’s attention; he did exactly what he was supposed to do.  The Board needs to look at the movement or latitude when discussing variances.  Commissioner Holder stated the Board cannot create ordinances for every particular situation.  He said there are times when connectivity is the right thing to do, and the Board is not doing anything to violate the Ordinance, but this is an issue where the Board has the discretion to do the right thing. 

 

Commissioner Freedman said the LCI (Livable Communities Initiative) strongly recommends interconnectivity between subdivisions and commercial tracts, because it bogs down roads.  He said when connecting an older neighborhood with a newer neighborhood or creating a “thru-street,” a disservice has been done when requiring connectivity.  Commissioner Freedman said on a case-by-case basis, the focus should be on the overall impact. 

 

Commissioner Adams said, in his opinion, neither neighborhood would want this.

 

 

 

 

Commissioner Holman made the motion to approve the resolution by filling in the blank of the last portion of the resolution:

 

            “NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves Lot 12 without the need to tie into the adjoining subdivision.” 

 

Commissioner Adams seconded. 

 

Chairman Maddox asked how many homes will be built in the new subdivision.   Mr. James Bingham, Treasurer of Peachtree Homes, Inc., said it was originally designed for one-hundred, four (104), but the final number is ninety-nine (99) homes. 

 

The motion carried 5-1-0 with Commissioners Holman, Harper, Freedman, Adams, and Holder voting in favor, and Chairman Maddox voting against.  Chairman Maddox said for the last four (4) years, he has contended more than one (1) entrance and exit should be created in a subdivision; therefore, he voted against the resolution. 

 

 

Appeal to a Survey Plat – Resolution to Determine Appeal on Denial of the Survey Plat on Fairview Road.

 

Mr. Douglas Scott has filed a Notice of Appeal of the decision of denial of the Survey Plat of two (2) lots located on Fairview Road.  A survey plat was submitted, reviewed, and denied through the Development Plan Review Department.  The property located in Land Lot 162 of the 11th District and the proposed lots are required to have a minimum road frontage of thirty (30’) feet for lots 2+ acres in order to adhere to Section 3-7-53 of the Zoning Ordinance of Henry County. 

 

Commissioner Holman made the motion for discussion to determine if the resolution is approved or denied; Commissioner Adams seconded.

 

Mr. Douglas Scott, the Executor of the Estate of the above-mentioned property, said he lives on two (2) acres of the twenty-six (26) acre property.  He said all family members live on this property, and his great-grandson wants to build a house and raise horses on five (5) acres of the property.  

 

Commissioner Holman said he was totally in favor of Mr. Scott having access to all of the improvements done on his property from Fairview Road.  He said it enhances low density in the County.  In looking at the plat showing Fairview Road, Commissioner Holman said currently there are two (2) improvements that are accessible from Fairview Road.  Commissioner Holman suggested this item be tabled to enable him and staff to discuss this with Mr. Scott.  His concern was in the future what is going to happen regarding the flag lots coming off of Crown Chase Subdivision.

 

Chairman Maddox asked if there was any opposition to this request; there was no response. 

 

Mr. Scott asked how long this item would be tabled, because his great-grandson is ready to build and has been waiting for six (6) months. 

 

Commissioner Holman said the language crafted by the County Attorney reads as follows and would be in addition to the resolution:   “the property owner shall place appropriate signage at the entrance to the easements serving the Scott property, Fishpond Court and Branch Forest Way, to advise future owners of the existence of easements or to advise future owners that the easement is the site of a private driveway.”  

 

Commissioner Freedman said the resolution states the County’s minimum road frontage is thirty (30’) feet; and questioned why the County requires thirty (30’) feet.

 

Mr. Chris Mercer, of Development Plan Review, said the Ordinance requires thirty (30’) feet of road frontage for any piece of property that has over two (2) acres; if it is under two (2) acres, it has to have sixty (60’) feet of road frontage. 

 

Commissioner Holder said back in 1982, the County disallowed access off of easements; it had to be deeded right-of-way.  It was set at thirty (30’) feet as the minimum amount required to give access to property. 

 

Commissioner Holman said in looking at the plat, the dirt road going to the grand daughter’s home is actually on platted Crown Chase property.  Mr. Scott submitted to the Board a plat showing Tract A, Tract B, and Tract C plus his home on the property (the plat currently showing four improvements and a possible fifth).  Commissioner Holman asked, “are you asking for access to those five improvements to Fairview Road?”  Mr. Scott said it would be for three (3) of the existing homes and the one to be built in the future. 

 

Commissioner Holman stated, “the resolution is flawed; I am perfectly comfortable voting in favor of a variance to allow you to have access to Fairview Road.  What disturbs me is the thirty (30’) foot driveways into Crown Chase.”  Commissioner Holman said if this resolution is moved today, the language drafted by the County Attorney will require the Scott Family, at their expense, to sign and put notice at the easements of the property.  Mr. Scott agreed. 

 

Commissioner Holder said his concern is the reduction of the amount of required footage for deeded right-of-way to a public roadway.  He said, “even though it is all family property and has been for over 40 years, many things can cause families not to remain families, and that is why you have to look out for each parcel, and each parcel will have adequate access to a public road.” 

 

Mr. Steve Schafer, Development Plan Review Director, cautioned the Board that approval of anything less than thirty (30’) feet could set a precedent.

 

Commissioner Holman amended his motion to table this issue for thirty (30) days; Commissioner Adams amended his second.   The motion carried 5-0-0 with Commissioners Holman, Adams, Holder, Harper, and Freedman voting in favor.

 

 

Resolution Adopting an Updated Short-Term Work Program (STWP) for 2004-2008 and Annual Capital Improvements Element (CIE) Pursuant to the Georgia Planning Act of 1989 for Certification as a Qualified Local Government.

 

The Georgia Planning Act of 1989 requires that an update of the Short-Term Work Program and Capital Improvements Element of the Comprehensive Plan be prepared on an annual basis for jurisdictions assessing impact fees for water and sewer services.  The updated Short-Term Work Program and Capital Improvement Element has been reviewed by the Atlanta Regional Commission and the Georgia Department of Community Affairs for compliance with the provisions of the Georgia Planning Act.  This report includes local improvement projects and plans initiated and completed to carry out the Comprehensive Plan.  The Adoption Resolution will be sent to the ARC and DCA to complete compliance requirements for Qualified Local Government Status with the State of Georgia and eligibility to receive State Grant Funds.

 

Commissioner Adams made the motion to approve the resolution; Commissioner Harper seconded. 

 

Commissioner Freedman referenced page 6 under “General Planning,” where it states, ‘dirt paving of Twin Oak Drive.’  Then he asked the Board to turn to page 10 where it states, ‘Twin Oaks/Carl Parker.’  He asked for page 6 to read the same as page 10, ‘Twin Oaks/Carl Parker.’  

 

Commissioner Holder referenced page 11 ‘New Hope – from New Hope Drive to EOP resurfacing,’ stating that project was completed last year or year before.  He said this report needs to be updated, because there are several that are questionable. 

 

Ms. Kimberly Smith, Planning and Zoning Director, said staff still has to provide the information for the report. 

 

Commissioner Harper suggested any corrections from this list should be noted and given to staff, because it will be updated in the next few months. 

 

Ms. Angus, County Manager, said the County has impact fee money where determinations have been made, and they are not included in the plan.  She said regarding the Courthouse, there were a couple of changes in SPLOST not included, but she did not want to be precluded from spending the money because they were not on the list. 

 

 

Commissioner Harper said, “we were granted an extension and this has to be adopted today.  This has gone through the ARC and to keep us in compliance, we have to adopt this list, and if we have to amend it or formulate a new list, we can go forward.”

 

Commissioner Holman said in reviewing the list, he lost interest because he found numerous mistakes.  He asked what the purpose of adopting this list was.

 

Commissioner Harper said in defense of the staff, the Board was given this list before it was given to the ARC, and chances have been given for corrections. 

 

Commissioner Holman ‘called the question.’  The motion carried 5-0-0 with Commissioners Holman, Adams, Harper, Holder, and Freedman voting in favor.

 

The Chairman asked for a vote on the motion; the motion carried 5-0-0 with Commissioners Holman, Adams, Harper, Holder, and Freedman voting in favor. 

 

 

AGENDA AMENDMENTS / EMERGENCY AGENDA ITEMS:

 

Resolution Authorizing Execution of Corrective Deeds Regarding Hood Road Right-Of-Way.

 

WHEREAS, in 1993, Thomas Rodes and Charles and Barbara Loggins conveyed two portions of a cul-de-sac at the end of Hood Road in Land Lot 95 of the 11th District, Henry County, Georgia; and

 

WHEREAS, the deeds conveying such property made reference to a survey which was prepared in error (a copy of the original survey is attached hereto as Exhibit “A”); and

 

WHEREAS, a corrected, revised survey has been prepared and is attached hereto as Exhibit “B;” and

 

WHEREAS, the current owners of the surrounding properties desire to correct the errors in the right-of-way deeds by conveying to Henry County the correct right-of-way;

 

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Commissioners of Henry County as follows:

 

1.      That the Chairman of the Board of Commissioners is authorized to execute a quit-claim deed releasing Henry County’s interest in the improperly conveyed right-of-way as shown on Exhibit “A;” and

2.      That the County Attorney is authorized and directed to deliver such quit-claim deeds to the adjacent property owners’ representative upon receipt of properly executed right-of-way deeds conveying to Henry County the proper right-of-way for Hood Road as shown on Exhibit “B.”

 

Commissioner Holman made the motion to approve the resolution; Commissioner Harper seconded.  

 

Mr. Jaugstetter, County Attorney, stated the surveyor made an error when he drew the survey; this is correcting the deed to convey the actual cul-de-sac.

 

Chairman Maddox asked if there was any opposition to this request; there was no response.

 

The motion carried 5-0-0 with Commissioners Harper, Holman, Holder, Freedman, and Adams voting in favor.

 

 

COMMISSIONER(S) COMMENTS:

 

There were no Commissioner comments.

 

 

UPCOMING MEETINGS:

 

11/09/04          Tuesday           6:00 P.M.         Board of Commissioners, Planning

                                                                        Commissioner, and Comprehensive Plan

                                                                        Steering Committee Meeting

 

11/15/04          Monday           9:00 A.M.        Regular BOC Meeting

 

11/16/04          Tuesday           6:30 P.M.         Regular BOC Meeting

 

11/25/04          Thursday                                  THANKSGIVING HOLIDAY

 

11/26/04          Friday                                      THANKSGIVING HOLIDAY

 

12/06/04          Monday           9:00 A.M         Regular BOC Meeting

 

12/07/04          Tuesday          9:00 A.M.         Regular BOC Meeting

 

 

Commissioner Holder moved to adjourn into Executive Session, in accordance with the provisions of O.C.G.A. 50-14-3, and other applicable laws, and pursuant to advice by Patrick Jaugstetter, the County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters; Commissioner Holman seconded.  The motion carried 5-0-0 with Commissioners Holder, Holman, Freedman, Harper, and Adams voting in favor. 

 

                                      (An Executive Session was held.)

 

 

Commissioner Holman made the motion to reconvene into Public Session; Commissioner Harper seconded.  The motion carried 5-0-0 with Commissioners Holman, Harper, Freedman, Holder, and Adams voting in favor. 

 

Commissioner Holman made the motion to authorize the Chairman to execute the affidavit of Executive Session; Commissioner Harper seconded.  The motion carried 5-0-0 with Commissioners Holman, Harper, Freedman, Holder, and Adams voting in favor.

 

Commissioner Holman made the motion to adjourn at 12:32 p.m.; Commissioner Freedman seconded.  The motion carried 5-0-0 with Commissioners Holman, Freedman, Harper, Holder, and Adams voting in favor.

 

                                                                        Leland Maddox, Chairman

 

Peggy L. Malcolm, Deputy County Clerk