STATE OF GEORGIA

 

 

COUNTY OF HENRY          

 

 

 

The Henry County Board of Commissioners held a regular scheduled Public Meeting at 9:00 A.M., on Tuesday, July 6, 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; Susan B. Craig, County Clerk; Shay Mathis, Deputy County Clerk; Michael Harris, Public Works Division Director; Danny Taylor, Economic Development Division Director; Kimberly Smith, Planning and Zoning Director; and others.

 

Chairman Maddox called the meeting to order and asked for an Acceptance to the Agenda.  Commissioner Holman said that it has come to the Board’s attention some people in the audience may be here today for a Stormwater Fee Assessment.  He stated the fee assessment was taken care of last week and announced it was funded through the General Fund money.  Commissioner Harper said he would like to amend the Agenda to add item XI-C, Appointment to the Henry County Department of Family and Children’s Services Board, Betty Jean Fowler.  He said her term expired June 30, 2004 and she is holding over.  He stated the Board needed to re-appoint her or appoint someone new for a term that would run through June 30, 2009.   Commissioner Harper made a motion to approve the Agenda with that amendment; Commissioner Holman seconded; the motion carried 5-0-0 with Commissioners Harper, Holman, Freedman, Holder and Adams voting in favor.

 

Commissioner Freedman asked if the Request for Approval of the Pay and Compensation Plan for Henry County for Fiscal Year 2004-05 had been added to the Agenda.  Commissioner Harper moved to amend the Agenda to add item XI-D, Resolution for the Purpose of Adopting a Pay and Compensation Plan; Commissioner Holman seconded; the motion carried 5-0-0 with Commissioners Freedman, Harper, Holman, Holder and Adams voting in favor.

 

PRESENTATION – MR. RAY McBERRY TO PRESENT A GIFT FROM THE HENRY COUNTY LEAGUE OF THE SOUTH.

 

Mr. Ray McBerry stated he represents the Henry County League of the South, a non-profit making organization.  He stated he was sure the Board was aware of the attacks recently on “The Ten Commandments” both by individuals in the general population in America and also by federal judges who have unconstitutionally asserted authority over the local states in order to promote their own social and spiritual agendas.  “The Ten Commandments” are the underlying foundation of the “Declaration of Independence and the “American Constitution.”  Mr. McBerry said “The Ten Commandments” are the very foundation of the morality of our community in Henry County.  In short, They are responsible for everything that is good in Henry County’s rich heritage.  He said the Henry County League of the South would like to present this quality display of “The Ten Commandments” and asked the gentlemen of the Board to adopt a resolution to 1) prominently display “The Ten Commandments” in the main entrance hall of the new wing of our County Courthouse for all who enter to see this foundational document, and 2) to move the existing display of the “Declaration of Independence,” “the Constitution” and the “Bill of Rights” from the old wing of the Courthouse, which is very rarely used and seen by the general public, to the new wing so those items could be viewed by the general public.  Mr. McBerry said this would pay proper respect to this foundational document and would express our solidarity with our sister counties and states across America that are under fire for having done the very same thing themselves.  He said this should be done during the week of Independence Day and prior to our exercise of free elections that continues our American traditions.

 

Pictures were made of the Board of Commissioners accepting the “The Ten Commandments” display from the Henry County League of the South.

 

Commissioner Freedman stated, “our forefathers are probably spinning in their graves knowing the Supreme Court of the land outlawed praying in schools and following “The Ten Commandments.”  However, I am not sure we can post this in the Courthouse; there is a very strong legal challenge going on around the Country, and I think we will have to take deep consultation with our attorney.  I agree with the “The Ten Commandments,” and I applaud you for doing such a wonderful job in getting that done.  It is unfortunate Alabama had to be the test case, but they had a judge over there who had some guts to stand up to what was probably wrong and what our Country is founded on.”

 

Mr. McBerry said in response that there is no need to take consideration of whether it will come under attack; if it goes into our County Courthouse, at some point down the road it will come under attack.  We feel the more counties and states across this land that have this prominently displayed, the more difficult that effort will be to have it removed.  We hope this is something the Board will have the courage to do despite what those consequences may be down the road. 

 

Commissioner Holman said he thought this decision would be under the authority of the Board of Commissioners to display “The Ten Commandments” in the Courthouse.  Commissioner Holman made the motion for the display to be hung in the Courthouse; Commissioner Adams seconded; the motion carried 5-0-0 with Commissioners Freedman, Harper, Holman, Adams and Holder voting in favor.

 

Commissioner Holder said the Members of this Board took an oath of office to uphold the laws of the United States of America, the statues of the State of Georgia, and the Ordinances of our County; he asked if this was in violation of one of those three (3).  He said that would be the issue.

 

Mr. McBerry said in response that he personally thanked Commissioner Holder for having the courage to take that stand, and in days to come, he felt the good people of Henry County will be willing to stand with the Board on their decision. 

 

REZONINGS:

 

Kenneth Howell – RZ-04-10.

 

Mr. Kenneth Howell of McDonough, Georgia, requests a rezoning from RA (Residential Agricultural) to C-2 (General Commercial) for property located along the north side of State Route 81, in Land Lot 174 of the 7th District.  The property consists of 4.66 +/- acres, and the request is for the development of a daycare center.  The Henry County Municipal Planning Commissioner reviewed and approved for C-2 with the following conditions:

 

1.      All buildings shall be constructed of brick, stone, stucco, glass or any combination thereof.  The Department of Development Plan Review shall have approval of the architectural plans.

2.      Primary signage not attached to a building shall be a maximum of eight (8’) feet in height monument based and shall have consistent character and design details that reflect the architectural design of the project.

3.      An exterior lighting plan shall require all lighting to be of moderate brightness and downcast away from the single-family residences to the east and south.

4.      Dumpster(s) shall be gated and enclosed with a three-sided masonry wall being consistent with the façade of the building.

5.      A forty-foot (40’) landscape buffer shall be located along the side and rear property lines of the subject properties.  Within the required planted buffer of forty (40’) feet the existing vegetation shall be preserved, and where appropriate, additional vegetation shall be provided for adequate screening.  Additional vegetation shall be comprised of the following plant materials for each fifty (50’) linear feet, or portion thereof, or as determined by the Planning Staff.

 

·        One (1) Canopy Tree

·        One (1) Evergreen Tree

·        One (1) Understory Tree

·        Five (5) Shrubs

 

6.      The outdoor play area shall be enclosed by a security chain link fence, of

six (6’) feet in height.

 

Commissioner Harper made a motion to approve the request for discussion purposes; Commissioner Holder seconded.

 

Commissioner Holman said the accel/decel lane was not shown on the plat.  Commissioner Holder responded it was a State highway and they may require it or they may not; therefore, the County would not have jurisdiction.

 

Mr. Bruce McFarland, attorney for the applicant, stated they had observed the conditions in the resolution and were agreeable to all of the conditions.

 

There was no opposition to this request.

 

Commissioner Holder said if there was ever a place that needed a daycare center, it was that end of the County because of the increased population.  His concern was if the center ever advanced to an academy, a learning institution, or accepted State funds, with the convenience store located across the road, it would fall under the requirements of the setbacks from where alcoholic beverages are sold. 

 

Mr. McFarland said he did not know and they have not measured it to see if it would meet the requirements. 

 

Commissioner Holman asked Mr. McFarland if there was enough footage for his client to promise an accel/decel lane even though the Board could not mandate it. 

 

Chairman Maddox said he was sure the State will require it.

 

Mr. McFarland answered, “yes” the Georgia Department of Transportation is going to require it.

 

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

 

Larry Phillips – RZ-04-15.

 

Mr. Larry Phillips of McDonough, Georgia, requests a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for property located along the western side of Wynn Road, in Land Lots 108 and 107 of the 8th District.  The property consists of 27.83 +/- acres, and the request is for a residential subdivision.  The Henry County Municipal Planning Commission reviewed and recommended denial for R-2 (Single-Family Residence), and approved for R-1 (Single-Family Residence) with the following conditions:

 

1.      House sizes are a minimum of 2,000 square feet heated space.

2.      Houses will be four-sided brick.

3.      The yards will be sodded to the rear drip line of the houses.

4.      Sidewalks that are four (4’) feet in width along both sides of the street.

5.      Underground utilities and streetlights shall be required.

6.      The homes shall be built on site (no modular or manufactured homes), with two-car garages standard.

7.      The developer shall install acceleration and deceleration lanes in accordance with the Henry County Department of Transportation construction standards.

8.      Any changes to the site plan will have to go before the Department of Plan Review.

9.      No clear-cutting of trees.

 

Commissioner Holder made a motion to approve the request; Commissioner Holman seconded. 

 

After discussing the conditions, Commissioner Holder withdrew his motion and Commissioner Holman withdrew his second.  The motion was made by Commissioner Holder to approve the rezoning request with eight (8) instead of nine (9) conditions, removing condition #7 because the Chairman said if it is not a convenience store, accel/decel lanes would not be needed.  Commissioner Holman seconded for discussion. 

 

Commissioner Holman asked the minimum lot size.  Ms. Wanda Moore, representing Larry Phillips, said the minimum lot size would be 30,000 square feet with a minimum lot width of 125 feet.    Commissioner Holman stated he would vote in favor of this request if accel/decel lanes were installed.   Ms. Cheri Matthews, Chief Planner in the Planning and Zoning Department, stated the road classification was a collector road and as far as accel/decel lanes, that would be something determined by the DOT. 

 

Commissioner Holder said Wynn Road has been upgraded and paved in the SPLOST I Program and is at the corner of Snapping Shoals and Wynn Road.  He said it should be up to DOT to require the accel/decel lane, based on whether it would be necessary or beneficial to the citizens.   But as far as the Planning and Zoning staff, they are not traffic engineers or specialists in that field. 

 

Commissioner Holman said he would vote in favor of this, but he would like DOT to look at the road, and he asked to go on record requesting this. 

 

Ms. Wanda Moore said referencing condition #2, “Houses will be four-sided brick,” they would like to have the requirements approved by the Board stating “three-sides masonry product” with 30,000 square foot minimum with 125 foot width.  She said they would be willing to do four-sides masonry product if the house sizes could be fluctuated to 1,800 square feet to 2,000 square feet. 

 

Commissioner Holder asked if there was any opposition to this request; there was no response. 

 

Ms. Moore said she had some photographs of neighboring homes in the area and stated across the street from this site all of the homes were made of vinyl product with masonry accents.  The housing product to the west of this development is vinyl with masonry product accents. 

 

Commissioners Adams and Holman stated they would not vote in favor of the change.  Commissioner Adams said he wanted brick, stone, or stucco or any combination thereof. 

 

Mr. Phillips said by doing that, they would be over-building for the area. 

 

Commissioner Freedman said we are trying to get away from masonite and vinyl, but in some subdivisions, Hardiplank fits.  He stated if the Board would look at the pictures presented, and knowing what Mr. Phillips reputation is, this is certainly a step up over what is in the area. 

 

Commissioner Holman ‘called the question.’  Commissioner Harper seconded.  The motion carried 3-2-0 with Commissioners Holman, Harper and Adams voting in favor and Commissioners Holder and Freedman voted against.  Commissioner Holder said he did not think the Board was finished discussing the topic. 

 

Chairman Maddox asked for the vote on the motion as it stood with the eight (8) conditions; the motion carried 3-2-0 with Commissioners Holman, Harper and Adams voting in favor and Commissioners Holder and Freedman voting against.

 

Commissioner Holder said, “it is not proper to explain why you vote the way you vote, but I do not think it is proper either to ‘call the question’ during a discussion.”  He said the Board was just starting a discussion, and stated many times the Board has been involved in a zoning.  He said the Board has not heard everything Mr. Phillips is planning to do, and to adopt a resolution before the discussion ever really gets started, is totally ridiculous to him.  He said that is the reason he voted the way he voted. 

 

Chairman Maddox asked if the Board wanted to revert the vote and go back into discussion.

 

Commissioner Holder said as far as he was concerned, the vote was taken, but he was very disappointed that the Board tried to rush into something before the Board could discuss all of the issues of this particular zoning. 

 

Commissioner Holder said if the Board is basing their decision on what Planning and Zoning has done, the P&Z Board recommended denial of the whole plan.  He stated, “the reason they denied it was because of R-2 on Wynn Road being a “sub-standard” road and R-2 was prohibited.  I do not think they got out and saw that Wynn Road had been paved and improved and one of the best local roads in the County.  But it was denied based on that reason.”

 

Commissioner Holman said this Board today has met all of the applicant’s needs.

 

Commissioner Holder responded by saying, “you are not telling the entire truth; why did they tell Mr. Phillips that he could not get R-2?”

 

Chairman Maddox asked to move on to the next item on the Agenda. 

 

Ms. Moore asked if the eight (8) conditions could be read again to clarify.  Commissioner Holder read aloud each condition, striking condition #7 as agreed upon.

 

Donald Almand – RZ-04-16.

 

Mr. Donald Almand of Cleveland, Georgia, requests a rezoning from RA (Residential Agricultural) to C-1 (Neighborhood Commercial) for property located at 1007 Thurman Road, in Land Lot 189 of the 12th District.  The property consists of 1.02 +/- acres, and the request is for an office/commercial retail establishment.  The Henry County Municipal Planning Commission reviewed and recommended denial for C-1 (Neighborhood Commercial) and approved for OI (Office-Institutional) with the following conditions:

 

1.      All signage, not attached to a building, shall be monument-based and shall have consistent character and design details that reflect the architectural design of the project.  The height shall not exceed eight (8’) feet.

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

3.      Dumpster(s) shall be gated and enclosed with a three-sided masonry wall being consistent with the façade of the building.

4.      The exterior of the building shall be constructed of brick, stone, stucco or any combination thereof.  Vinyl shall be prohibited.

 

Commissioner Holman made a motion to approve the request; Commissioner Harper seconded.

 

Mr. Almand stated he found out there was a statue on the Books that if an individual owned 40% or more of a piece of property, he could call the whole thing C-1, which he exercised that right.  All of it was converted to C-1, but there was opposition.  He said the County Commissioners, at that time, went back and left one (1) acre residential and gave Mr. Almand a permit to operate his business out of the house.  He said in the last two (2) years he tried to rent the house for residential and it was a nightmare.  He said he needed it to be C-1 as it was before, and that is his request. 

 

Commissioner Freedman said everything between Rex and Fairview is logically commercial, and there is commercial at Thurman Road and Fairview and the next lot down.  He understood the request.

 

Commissioner Holman said the property Mr. Almand is asking to be rezoned is the next transitional piece into that neighborhood.  He stated he knew that corner and did not think the OI was out of order.  He said he was in favor of the resolution as read.

 

Commissioner Holder said the Board is constantly changing an applicant’s request for zoning.  He said Mr. Almand requested C-1, and Commissioner Holder contended that if the Board will not allow the C-1 request, we should deny him so he can take us to Court and be done with it.   He said it is an arbitrary zoning to go to OI.   Commissioner Holder asked Mr. Almand if he paid taxes based on commercial rates or residential.

 

Mr. Almand said, “they split it; that deed is one deed there with the 2.7 acres.  I discussed this with them but the tax was on residential for one (1) acre; the balance of the acreage was taxed based on commercial.”

 

Chairman Maddox said he was more familiar with that property just as much as Mr. Almand.  He said he used to operate a business out of that place, and when he operated it, it was C-1.   Chairman Maddox said there was a service station across the street on the other corner and a design shop next door to it.  He said he had no choice but to read the resolution that has come before the Board, and advised the Board if they did not want OI, they needed to vote against it and another motion should be made. 

 

The Chairman asked for the vote on the existing resolution; the motion failed with a vote of 1-4-0 with Commissioner Holman voting in favor of the resolution and Commissioners Adams, Holder, Freedman and Harper voting against.

 

Commissioner Freedman made a motion to approve for rezoning at C-1, but with some stipulations of things that cannot go on there based on what the Commissioner from that District works out with the applicant; Commissioner Adams seconded.

 

Chairman Maddox said, “C-1 is C-1 and that is what is in the books; whatever is in the book under C-1 should be allowed; and if we do not allow that, then we need to change the book.”   Commissioner Holder said he agreed with the Chairman 100%.

 

Commissioner Freedman said he was going to amend his motion to reflect what could not be operated on that site.  The motion was made by Commissioner Freedman to approve the C-1 zoning with the exclusion of pet sales, pet facilities, laundromats, and taxi offices.  Commissioner Adams amended his second.   The motion carried 5-0-0 with Commissioners Freedman, Holder, Adams, Holder and Holman voting in favor. 

 

Donnie Chamlee – RZ-04-09.

 

Mr. Donnie Chamlee of McDonough, Georgia, requests a rezoning from RA (Residential Agricultural) to C-2 (General Commercial) for property located at the northwest corner of the State Route 81 and Upchurch Road intersection, in Land Lot 174 of the 7th District.  The property consists of 2.0 +/- acres, and the request is for the development of a convenience store and commercial subdivision/center.  The Municipal Planning Commission recommended approval of C-1 on April 1, 2004 with the following conditions:    (This rezoning was tabled at the June 15th BOC Meeting.)

 

1.      All sides of the buildings shall be constructed of brick, stucco, glass, stone or a combination thereof.

2.      The Department of Development Plan Review staff shall approve the proposed landscape plans prior to the issuance of a building permit.

3.      Primary signage not attached to a building shall be a maximum of eight (8’) feet in height monument based and shall have consistent character and design details that reflect the architectural design of the project.

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

5.      Dumpster(s) shall be placed on a concrete pad and enclosed on three (3) sides.  The enclosure shall be constructed of brick, stone, stucco or any combination thereof provided it is consistent with the primary structure, and shall be a minimum of eight (8’) feet in height. 

6.      The development shall meet the current regulations regarding flood control.  The post development Stormwater discharge rate must be no greater than the pre-development rate for the two (2) through one-hundred (100) year frequency events.  In addition, a conveyance must be established to direct all runoff from the development away from all adjacent properties.

7.      The canopy columns shall be built to match the exterior of the primary structure, with a shingle roof to match the primary structure.

8.      A forty (40’) foot landscaped buffer consisting of two rows of Leyland Cypress staggered.

 

Commissioner Harper made a motion to approve the request; however, item #8 has been amended as follows: “pursuant to the agreement of the applicant and the neighboring property owner shall read:  a buffer of twenty (20’) feet shall be provided along the western and southern property lines, excluding the frontage on State Route 81 with the buffer area, a row of Leyland Cypress shall be planted at a minimum of six (6’) feet in height and fifteen (15’) feet apart.  Along the western property line adjacent to the row of Leyland Cypress, a swell shall be constructed for drainage purposes.”  Commissioner Holman seconded. 

 

Mr. Clark, the neighbor involved, said he agreed with the conditions.

 

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

 

Mr. Leon Forrer Request to Appear Before the Board Regarding Roads.

 

Mr. Leon Forrer, of 85 Oak Grove Circle, McDonough, Georgia, said he would like to discuss roads and by-passes of roads.  He said Oak Grove Circle has caused three (3) lawsuits to be brought against the County.  Controversies have occurred with Mt. Olive Road, Iris Lake Road, Flippen Road and Amah Lee Road.  He said the main road he wanted to discuss was Amah Lee Road and stated he had spoken to the Board in the past about the safety and soil erosion on that road.   He asked the completion date of Amah Lee Road.

 

Mr. Michael Harris said as it stands right now, until additional funds are allocated for that project, the remainder of the work has not been funded.  He said the majority of the design has been completed and some culvert work needs to be done.

 

Commissioner Freedman stated a developer came in and developed a subdivision and met with County’s Planning Director, County Manager, the current Chairman, a DOT representative and himself and he said he was willing to absorb the cost of paving Amah Lee Road from his subdivision all the way to Highway 19/41.  The developer said he would do the engineering, design, utility relocation and give the right-of-way if the County would do the asphalt.  Commissioner Freedman said the developer has shown him a signed contract signed by the County Manager on behalf of the County and him; he did his part, but we did not.  The right thing did not get done and the developer is very upset because we stopped the project and violated the agreement.

 

ECONOMIC DEVELOPMENT:

 

Request Approval of an Amendment to the Community Service Block Grant for Fiscal Year 2004.

 

The Henry County Board of Commissioners unanimously passed a budget amendment on April 19, 2004 for the transfer and expenditure of additional funding for the Senior Citizen Services Department during the current program year.  The afore-mentioned budget amendment included an increase in the Community Service Block Grant (CSBG) of $16,078.43 changing the total allocation for fiscal year 2004 from $53,964.04 to $70,042.47.  The Georgia Department of Human Resources Office of Financial Services has completed the appropriate contract amendment.

 

Commissioner Harper moved to approve the amendment to the Community Service Block Grant for fiscal year 2004 and authorized the Chairman to sign on behalf of the Board; Commissioner Holman seconded.  The motion carried 5-0-0 with Commissioners Harper, Holman, Holder, Freedman and Adams voting in favor.

 

 

PUBLIC WORKS:

 

Request Approval of a Bid Pertaining to the Design/Construction of an Addition to “A Friend’s House.”

 

Mr. Michael Harris stated this item had previously been tabled pending discussion regarding a basement addition being added to the design for “A Friend’s House.”  The staff at “A Friend’s House” and the contractor who was low bid on the project met with County staff and made plans to go forth with the design for the addition with the understanding they would provide the County with an estimate on the cost for the basement addition.  He said once the County receives a bid for the basement, at that time we will review our funds for the construction.  This will then come before the Board of Commissioners for approval, or we will step back and look at an alternative method. 

 

Commissioner Freedman asked how can they proceed with the design if there is question whether a basement can be built there or not.

 

Mr. Harris said the basement itself will not change; the change will be the foundation as to whether it will be on slab or footing walls.  He said the design could go forth regarding the top portion.  All reports on the soil tests have come back suitable for a basement, but the concern now is the cost. 

 

Commissioner Freedman referenced the “approval for a bid,” and said there would be a difference in cost based on whether there will be a basement or not. 

 

Mr. Harris agreed and said there would be additional costs; this approval would be for the base construction of the addition.  Pricing of the basement would come back at a later date. 

 

The County Attorney, Patrick Jaugstetter, stated, “it looks like Mr. Harris is asking you to approve a bid to design and construct a building.  If a basement is added, then this would be a different project.  If the Board approves this $915,000 contract to build the building, if a basement is added, then this contract would have to be terminated and the bid process would start again.”

 

Ms. Angus said the question staff had was the 20% rule.  She stated our Ordinance could be changed, and if so, we could negotiate with the spender.  She said the problem would be that we could lose credibility with the people who respond to our bids, therefore causing our market prices to go up.

 

Commissioner Harper stated this is a design/build concept.  He said we have always done the design and then separately bid a project.  Commissioner Harper said we are not hiring the lowest bidder but the best bidder; he said this was based on the qualifications and experience in building this type of structure.  He asked why could we not negotiate this separate price at a later time.

 

Ms. Angus stated the Board has authorized $1 million and “A Friend’s House” would also like to obtain furniture. 

 

Mr. Jaugstetter said his concern was if the Board entered into a contract with no conditions, no limitations or no rights, to stop the work on the building.  He the Board would need to make sure there are contractual provisions in the contract.

 

Commissioner Freedman’s recommendation was to re-bid it with a basement or postpone this until Mr. Harris comes back with the price of the basement and include that as the total price. 

 

Chairman Maddox said if this is bid out to construct the building on slab, and then decide to include a basement, the change order will cost more than if both were bid out at the same time.

 

Commissioner Holder said he would not vote until he knew the total price of the job.

 

Mr. Jaugstetter stated the 20% only applies to the administrative change order; the Board can approve a change order in any amount.  The 20% allows the County Manager to approve a change order.  He said the real issue here is if the $10,000 limitation is taken out. 

 

Commissioner Freedman made a motion to postpone the decision upon a receipt of the total price.

 

Commissioner Holman asked how much the Board is authorized to fund for “A Friend’s House.”

 

Ms. Angus stated $1 million period.

 

Commissioner Freedman made a motion to postpone the decision pending either receipt of a new bid including the basement or have the contractor to amend his bid for a basement; Commissioner Holman seconded.

 

Mr. Jaugstetter stated, “if he amends his bid, you will have to give everyone the opportunity to amend their bid.”

 

Commissioner Holder said if the Board accepts the $915,000 proposal so the contractor can lock all of his prices in, and if we cannot afford the basement when the contractor brings his bid back, then he is still locked in $915,000.  

 

Commissioner Freedman amended his motion to re-bid the construction of “A Friend’s House” addition to include the basement; Commissioner Holman seconded.  The motion carried 4-2-0 with Chairman Maddox, Commissioners Adams, Freedman and Holman voting in favor and Commissioners Holder and Harper voting against. 

 

COUNTY ATTORNEY:

 

Request Approval of a Resolution Designating Prosecuting Attorneys.

 

O.C.G.A 15-10-66 provides that the County governing authority may designate the County Attorney or another attorney to act as prosecuting attorney for violations of County Ordinances.  The Board of Commissioners desires that the County Attorney and all other attorneys employed with the Henry County Legal Department be vested with authority to prosecute violations of County Ordinances.  Pursuant to O.C.G.A. 15-10-66, Patrick D. Jaugstetter and LaTonya Nix Wiley are hereby designated to prosecute ordinance violations on behalf of Henry County. 

 

Commissioner Holman made a motion to approve the resolution; Commissioner Holder seconded. 

 

Chairman Maddox asked Mr. Jaugstetter if this had anything to do with the ordinance the Board was proposing regarding Code Enforcement.  Mr. Jaugstetter responded, “no.”

 

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

 

BOARD OF COMMISSIONERS:

 

Resolution for the Appointment to the Henry County Board of Tax Assessor’s.

 

Ms. Annie Crawford-Chappell, a Henry County resident, has served on the Henry County Board of Tax Assessor’s, and Ms. Crawford-Chappell has faithfully served this Board and her term expired on June 1, 2004.  The Board of Tax Assessor’s would like to recommend to the Board of Commissioners to re-appoint Ms. Annie Crawford-Chappell. 

 

Commissioner Holder made a motion to re-appoint Ms. Annie Crawford-Chappell; Commissioner Holman seconded.  The motion carried 5-0-0 with Commissioners Holder, Holman, Harper, Adams and Freedman voting in favor.

 

Resolution for the Appointment to the Henry County Board of Tax Assessor’s.

 

There is a vacancy on the Board of Tax Assessor’s due to the resignation of Mr. Charles Reddoch, and the law requires that the County Commission appoint a successor when a vacancy occurs.  The person appointed will serve a term of six (6) years ending June 1, 2009.

 

Commissioner Holder said he would like to nominate Harold Self for the position; Commissioner Harper said he would second the nomination for discussion.

 

Commissioner Harper stated he knew Mr. Self and he would be a perfect person to hold the position.  But, from his understanding of the County Personnel Ordinance, it states, ‘no employee shall serve on an appointed Board.’ 

 

Mr. Jaugstetter said State law suggests that an employee of the Sheriff’s, as in Deputy Sheriff, is a County employee instead of a Sheriff’s employee.  Also the Sheriff adopted the County’s Personnel Manuel.

 

Commissioner Harper said he wanted the Board to be correct about this, because the danger is the assessments being in danger if that passed by one (1) vote (majority on that Board) and if someone’s membership was challenged.

 

Commissioner Holder said it was up to this Board to make the determination.  Commissioner Harper recommended researching the issue and bringing it back before the Board on July 19th. 

 

Commissioner Holman said if he had to vote today, he would have to abstain because he does not know Harold Self.  He said he would prefer in the future this to be a two-step process in that the Board would submit the nominees for the Board Members to meet them and then give approval. 

 

Chairman Maddox said his interpretation of the County Personnel Ordinance is if an individual is a County employee, they cannot be appointed to any Board in the County.  He suggested tabling this issue or selecting another nominee.

 

Commissioner Holder said he would amend his motion to table this until July 19, 2004; Commissioner Harper amended his second.

 

Commissioner Harper said there was an alternate who applied by the name of Leah Preston Fricky, a certified appraiser who lives in McDonough.

 

Commissioner Holman asked the County Manager if she could fix this problem.

 

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

 

Chairman Maddox asked for the vote on the motion to table the appointment to the Henry County Tax Assessor’s Board until the July 19th Regular Board Meeting.  The motion carried 5-0-0 with Commissioners Harper, Holman, Adams, Holder and Freedman voting in favor. 

 

Request Approval of a Resolution to Continue the Services of Lynnon Bledsoe as SPLOST Program Consultant.

 

Chairman Maddox stated Mr. Bledsoe’s contract ran out on June 30, 2004.  Commissioner Holman made a motion to continue the services of Lynnon Bledsoe; Commissioner Adams seconded. 

 

Commissioner Holman said he has found several changes: the date has been changed; the agreement has been changed commencing on the 5th day of January, 2004 and shall continue in full force until terminated by either party in accordance with the provisions thereof (with a 60-days notice), and this agreement shall be terminable at will by either party upon 60-days written notice prior to date of termination.   

 

Mr. Jaugstetter stated it was set up as a 6-month contract that could have been terminated with a 60-days notice.   He said it would be a good idea for the Board to adopt a resolution removing any limitation on the pay. 

 

Ms. Angus stated the contract was limited to six (6) months or $100,000; whichever came first. At $100 an hour (2080 hours a year), it would be $200,000.  She said he was not working close to that and he believes once these projects are let, his oversight will become less. 

 

Commissioner Freedman said this was not on the Agenda and was given to each Member as they came in today.  He stated there was no copy of the current contract and he had a problem with that. 

 

Ms. Angus said she did not remember until last week that Mr. Bledsoe’s contract was expiring.  She stated while the Board is in Executive Session following this meeting, the County Attorney could pull the original contract. 

 

Commissioner Holder made a motion to table this issue for later in the meeting (after Executive Session) to discuss as a personnel issue.  Commissioner Holman seconded.  Commissioner Holman withdrew his original motion; Commissioner Adams withdrew his second.  The motion carried 5-0-0 with Commissioners Holder, Holman, Harper, Freedman and Adams voting in favor. 

 

Appointment to the Department of Family and Childrens’ Services Board.

 

Commissioner Harper made a motion to table the appointment on the DFACS Board until July 19, 2004.  He said Ms. Betty Jean Fowler had contacted staff and stated she did not want to be re-appointed.  Commissioner Holman seconded; the motion carried 5-0-0 with Commissioners Harper, Holman, Adams, Holder and Freedman voting in favor. 

 

 

 

Request Approval of the Pay and Compensation Plan for Henry County for Fiscal Year 2004-2005.

 

WHEREAS, the Henry County Board of Commissioners is committed to continuing the effort begun in December, 2003 to sustain a competitive market based compensation plan for all county employees; and,

 

WHEREAS, the Henry County Board of Commissioners has determined that a compensation plan that addresses performance as an essential part of the focus they have placed on enhancing customer service efforts; and,

 

WHEREAS, the 2004-2005 budget was adopted with funds set aside for the following:

 

1.      Cost of living adjustment,

 

2.      Longevity increase,

 

3.      Performance Plan implementation; and,

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners hereby approves the funds to be encumbered as follows:

 

4.      Cost of living adjustment of 1.2%.

 

5.      Longevity increase of 1% for every two (2) years an individual is employed by the County.

 

6.      Performance Plan implementation that will provide increases of 0% to 6% for this budget year.

 

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

 

Ms. Angus stated she wanted to clarify the longevity increase of 1%; on the pay scale that was adopted in December, that particular calculation was used in determining pay and the 1% will happen on the anniversary date of an employee.  She also clarified an employee who has been with the County for twenty (20) years would not receive an additional 10%. 

 

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

 

AGENDA AMENDMENTS/EMERGENCY AGENDA ITEMS:

 

There were no amendments or emergency Agenda items to be discussed.

PUBLIC COMMENTS:

 

Ms. Marilyn Bell, who lives at 1782 Highway 36 East, Jackson, Georgia and works at McDonough Pediatrics, passed out copies of the business license of Collie Rescue of Metro Atlanta, who she represents.  She stated this is a State licensed Animal Shelter, licensed with the State Department of Agriculture and a non-profit making organization under the Secretary of State.   She said they had been doing this since November 8, 1989 and cover 29 counties in the State.  She said Collie Rescue was contacted by Henry County Animal Control on Thursday, June 24th that a collie was turned in at the Animal Control Office.  She informed the Animal Control staff she would be by the office the next day and pick the animal up Saturday morning.  She stated she was called the next morning and told the dog had been euthanized.  She asked staff if she needed to call the Humane Society to go pick up the dog that day since the shelter is always so crowded.  Staff told her, “no;” they had her credentials and the verbal agreement would be fine.  Ms. Bell said she was called the next morning by an employee and was told the dog had been euthanized.   Staff told her there was no reason for her to come by the Office.  Ms. Bell said Collie Rescue would have rescued the dog that day had they been told things at the Shelter were that bad.  She stated Collie Rescue would like to see situations like this one to go better with Animal Control.  She said when she tells Animal Control that she will be there, she will be there.  Ms. Bell said her organization has rescued over 1,000 collies and placed them in good homes. 

 

Commissioner Harper said on behalf of Henry County he wanted to extend a sincere apology for the mistake committed, and he hoped that would never happen again.

 

Ms. Angus said since the incident occurred, she had asked why the incident happened and it appeared, while this was a practice, it was not a policy and was not something uniformly handled in Animal Control.  She said because of this incident, they have now put a system in place where the Humane Society will be notified of any dogs who have rescue agencies, and the dogs will formally be ‘put on hold’ with a note on the cage.  All of the Animal Control staff has been notified of the new procedures. 

 

Mr. Stan Jennings said he was present representing his neighborhood (Morgan’s Pond Subdivision) concerning a noise problem they were having with a church, Community Bible Church on the corner of Jodeco and Chambers Roads.  He said every year they have huge celebrations and the noise from musical instruments and loud speakers are in violation of the Noise Control Law of Henry County.  He said there are elderly people in an immediate facility who are affected by this noise, and last Sunday, when he got up at 8:30 a.m., his walls were vibrating.  In his neighborhood, there had been deaths in family and people with heart problems.  He stated the Sheriff’s Department and the Henry County Police were called, and the Henry County Police tactfully told the complaining neighbors to ‘go to hell.’  The sergeant on duty said, “well, I have been out there on 30 to 50 calls, and yours is just one of them.  As far as I can see, they are not in violation of any law, because they have a permit from the County to do what they are doing.”  Mr. Jennings said he called Code Enforcement and was told they did not issue the Church a permit to violate the law.  He recommended Mr. Jennings to call the Tax Commissioner’s office, Mr. Nick Day. Mr. Day also stated the Church was not issued a permit to violate the Noise Control Law.  Mr. Day advised Mr. Jennings to take this problem to the Board of Commissioners to find out how the Church received a permit.   After telephoning the U.S. Marshal’s Office, Mr. Jennings was told there is an entire State Ordinance stating citizens should have quiet enjoyment.  Mr. Jennings said this is not a privilege; this is a right.  The U.S. Marshal’s Office stated even though they have a permit, the police have an obligation, once they receive a call from citizens, to enforce the law.  Mr. Jennings asked if the Church could take the noise to the park and discontinue disturbing the neighbors.  All Mr. Jennings was asking for was a peaceful and quality life in this community. 

 

Chairman Maddox asked Mr. Jennings to address this issue to Mr. Rob Magnaghi, Public Safety Division Director, for review and asked Mr. Jennings to present something in writing. 

 

Commissioner Freedman said he is the Commissioner for that area and for Mr. Jennings to call him. 

 

Mr. Leon Forrer said the Methodist Church in Flippen had to stop playing their music and church bells on Sunday morning because of disturbing the neighborhood.

 

COMMISSIONER(S) COMMENTS:

 

Commissioner Holman said he did not receive copies of the three (3) sets of Minutes up for approval in today’s meeting. 

 

Susan Craig, County Clerk, stated her staff presented the Minutes to the Board for review on June 30th.   

 

APPROVAL OF MINUTES – MAY 20, 2004; JUNE 14, 2004 (BUDGET ADOPTION); AND JUNE 15, 2004:

 

            Commissioner Harper made a motion to approve the minutes of the May 20th, June 14th (budget), and June 15, 2004, meetings; Commissioner Holder seconded; and the motion passed by a vote of 4-1-0, with Commissioners Freedman, Harper, Holder and Adams in favor, and Commissioner Holman opposed.

 

UPCOMING MEETINGS:

 

            Chairman Maddox read upcoming meetings into the record.

 

EXECUTIVE SESSION:

 

            Commissioner Holder made a motion to convene into executive session pursuant to O.C.G.A. Section 50-14-3 and pursuant to the advice of County Attorney Patrick Jaugstetter for the purpose of discussing acquisition of real estate, pending litigation and personnel matters; Commissioner Holman seconded; and the motion passed by a vote of 5-0, with Commissioners Freedman, Holder, Holman, Harper and Adams in favor.

 

 

________________________________________________________________________

           

An executive session was held.

 

 

RECONVENE INTO PUBLIC SESSION:

 

            Commissioner Holman made a motion to reconvene into public session; Commissioner Harper seconded; and the motion passed by a vote of 4-0 with Commissioners Holder, Harper, Adams and Holman in favor.  (Commissioner Freedman was not present.)

 

 

LYNN BLEDSOE CONTRACT:

 

            Commissioner Holman stated the Board tabled the issue in reference to a contract with Mr. Lynn Bledsoe, SPLOST Manager, until after executive session.  Commissioner Harper made a motion to approve the contract with Mr. Lynn Bledsoe, SPLOST Manager; Commissioner Adams seconded; and the vote passed by a vote of 4-0, with Commissioners Holder, Holman, Harper and Adams in favor.  (Commissioner Freedman was not present.)

 

EXECUTIVE SESSION AFFIDAVIT:

 

            Commissioner Holman made a motion to authorize the Chairman to approve the affidavit pertaining to executive session; Commissioner Harper seconded; and the motion passed by a vote of 4-0, with Commissioners Holder, Holman, Harper and Adams in favor.  (Commissioner Freedman was not present.)

 

ADJOURNMENT:

 

            Commissioner Holman made a motion to adjourn (12:20 p.m.); Commissioner Adams seconded; and the motion passed by a vote of 4-0, with Commissioners Holder, Holman, Harper and Adams in favor.  (Commissioner Freedman was not present.)

 

                                                                        Leland Maddox, Chairman

 

Peggy L. Malcolm, Deputy County Clerk