STATE OF GEORGIA

 

 

COUNTY OF HENRY            

 

 

 

The Henry County Board of Commissioners held a Regular Meeting at 9:00 a.m. on Wednesday, September 8, 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; LaTonya Wiley, Deputy County Attorney; Susan B. Craig, County Clerk; Shay Mathis, Deputy County Clerk; Rob Magnaghi, Deputy County Manager and Public Safety Division Director; Danny Taylor, Economic Development Division Director; Michael Harris, Public Works Division Director; Tommy Smith, Interim Purchasing 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 one amendment, the Resolution regarding the Campground Road and Brannan Road intersection.  He said this is a SPLOST emergency item, and he placed it under XI-A-5 on the Agenda.  Commissioner Harper seconded; the motion carried 5-0-0 with Commissioners Holman, Harper, Freedman, Adams, and Holder voting in favor. 

 

 

REQUEST TO APPEAR BY BOB KELLY OF VINYL SIDING INSTITUTE REGARDING INDUSTRY ADVANCEMENTS.

 

Mr. Bob Kelly is the Code and Regulatory Director of the Vinyl Siding Institute, and he asked to briefly discuss the industry’s advancements, including VSI’s Vinyl Siding Certification Program.  He said in recent years, the vinyl siding industry has made every effort to address concerns about product quality, and he would like to present a summary of these improvements to the Board. 

 

Mr. Kelly referenced the work on the Comprehensive Plan, and said some of the reports received back from members of the area are negative aspects that have been attached to vinyl siding.  He said there have been some advancements in the last ten (10) years, and stated there are a lot of misconceptions about vinyl siding.  He said many people do not know vinyl siding’s principle ingredient is salt (51%); this adds to the characteristics that it is a material that performs very well in fire.  Vinyl Siding is designed by natural properties to melt in a fire; it will not burn.  Fire tests were conducted for residential construction at the National Institute of Standards and Technology (a division of the Department of Commerce), and full-scale fire tests were done with vinyl siding as the exterior platting; the vinyl siding performed very well.  Once the fire source was removed, the vinyl siding stopped melting and did not support combustion. 

 

Mr. Kelly stated over the past five (5) or ten (10) years, the industry has stepped up to the plate and realized they have had a “black eye,” and there has been some problems within the industry; therefore, standards have been set very high and they have been monitored by in-plant inspections twice a year by an independent inspection agency out of Minnesota.  Product is pulled from the assembly line and warehouse and must meet certain criteria as far as color hold, shrinkage, and performance on the wall.  Mr. Kelly said they look at vinyl siding as a step up compared to Hardiplank to enhance the value of a home and does not require constant maintenance.  Certified vinyl siding is a quality product that will ensure the value of the home and has been approved and tested to withstand winds up to 220 miles per hour.  He said they were spending a lot of time and money training inspectors in surrounding counties, and he offered to train the Henry County building inspectors at no cost.  The class will last about an hour and a half, and the inspectors will walk away with some tools to make it easy to inspect the product. 

 

Chairman Maddox asked if the salt in the vinyl siding absorbed water and created moisture inside the walls. 

 

Mr. Kelly said not at all; the salt is an ingredient and when blended with the other chemicals, it will not absorb.  Vinyl siding is designed to allow moisture to move; there is room for air and every piece of vinyl siding has drip holes drilled in the bottom part that locks together. 

 

Chairman Maddox asked what causes the mold and mildew on the outside.

 

Mr. Kelly said it is from not washing it, and with improper drainage on the roof or gutter system, the mold will build up. 

 

Commissioner Freedman asked if there was petroleum in the product, and if so, what percentage.  Mr. Kelly said he was not a chemist, but with salt being 51% of the product, the balance is made up of petroleum and acrylics. 

 

Commissioner Freedman asked how could we ensure the people who install vinyl siding are doing it correctly. 

 

Mr. Kelly answered, “first, we will come and train your inspectors on a one on one to be able to spot if there is a problem; the training of the installers is ongoing, and the goal is to have ‘certified’ installers.”

 

 

 

 

Commissioner Holder said the Board has been down on vinyl siding for quite some time, but with standards being raised and proper installation, we can go back to cementitious fiberboard and have the same problem.  He said as far as maintenance, there is no question vinyl siding is the most maintenance free.  

 

 

REZONING:

 

C & N Development – RZ-03-54 has been removed from the Agenda and has been rescheduled for the September 21st Board of Commissioners Regular Meeting.   

 

 

PUBLIC SAFETY DIVISION:

 

Request Approval of a Budget Amendment for Juvenile Court Grant.

 

The Henry County Board of Commissioners adopted the fiscal year 2004-05 budget on June 14, 2004.  The budget needs to be amended periodically to transfer funds interdepartmental and intradepartmental in accordance with O.C.G.A. 36-81-3.  Therefore, the Board of Commissioners approves the below-listed budget amendment:

 

            General Fund:               $21,846.00 from CYCC Grant Revenues,

                                                $6,234 Juvenile Court Special Funds Acct. to

                                                $17,280 to Professional Account, $10,800 to

                                                General Supplies.

 

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

 

Commissioner Holder said he had the opportunity to go to the program that these funds will support.  He encouraged the Board members and the Press to attend; he said these are funds that are well spent.  Commissioner Holder said this is a message that needs to get out to the public.  He said this is an investment; it is a lot cheaper to put money into this program to prevent problems, than to pay the Sheriff to keep them in his jail.  Commissioner Holder said he supported this 100%. 

 

Commissioner Freedman stated all juvenile programs must be successful, and as far as crime statistics, juveniles are the fastest growing segment.  This could help in “nipping” this problem in the bud.

 

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

 

 

 

 

 

 

Request Approval to Purchase Weapons and Accessories for the S.W.A.T. Team.

 

The S.W.A.T. Team is currently equipped with Colt submachine guns in the 9mm caliber, and these weapons have served a purpose but are in need of being replaced.  These weapons can go into reserve for specialized operations while the Henry County Bureau of Police Services explores the feasibility of trade or sale to a licensed gun dealer.  A quote from Clyde Armory and Police Protection Systems, a company participating under State contract, provided a quote for five weapons and its accessories in the amount of $8,415.00. 

 

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

 

 

Request Approval of a Bid for Replacement of a Septic System at Fire Station No. 11.

 

Sealed bids were solicited for a project to replace the septic system at Fire Station No. 11, and only one (1) vendor submitted a bid for this project.   Environmental Pumping and Repair Service, Inc.’s bid in the amount of $15,175.00 met bid specifications.  The funds are available in the budget of the Building Maintenance Department to complete this project.

 

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

 

Chief Barry Jenkins, Fire Department, said there is rock and the soil type is not correct; therefore, the current septic system is in a lower part of the property.  The proposal is to pump the sewerage up to the upper part at Flat Rock Road and putting a secondary tank there and then come back down to the field lines.  He said that should take care of the problem and will direct further away from the rock.  There is a twenty (20’) foot fall from the road side down to the lower part of the lot where the septic system is now. 

 

Chairman Maddox said he realized they had problems there, but when this one is installed, what happens when this one fails?   The sewerage is right on Old Conyers Road near the street between the high school and grammar school. 

 

Ms. Angus, County Manager, suggested tabling this to look at other options and prices. 

 

Chairman Maddox said if there are problems now in that area, they will exist later also. 

 

Chief Jenkins said they were pumping approximately once a month, but they are not pumping presently because it is dry.  Commissioner Holder suggested rather than spending $15,000 as a temporary fix (knowing there is bad soil and rock), this topic should be delayed until research is done. 

 

Commissioner Holman withdrew his motion and made a subsequent motion to table this item until staff can determine an alternate cost to tap into the Stockbridge Sewer Treatment System.  Commissioner Harper withdrew his second.  Commissioner Adams seconded the new motion.  The motion carried 5-0-0 with Commissioners Holder, Holman, Adams, Harper, and Freedman voting in favor.

 

 

ECONIMIC DEVELOPMENT:

 

Resolution Approving Streetlight Requests.

 

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

 

Ashley Woods, 10 lights, 26 lots, Central Georgia EMC, District 1

 

Bridgewater Crossing, 11 lights, 118 lots, Georgia Power, District 1

 

Crown Landing, Phase II, 11 lights, 31 lots, Snapping Shoals EMC, District 1

 

Joyner Estates, Phase III, Unit II, 11 lights, 42 lots, Snapping Shoals EMC, District 3

 

The Links at Heron Bay, Phase I (Pod H), 4 lights, 11 lots, Central Georgia EMC, District 1

 

Melrose, Phase III, 13 lights, 32 lots, Snapping Shoals EMC, District 5

 

Nature’s Pointe, 11 lights, 34 lots, Central Georgia EMC, District 2

 

The Springs at Heron Bay, Phase III, 7 lights, 34 lots, Central Georgia EMC, District 1

 

Stanley Park, Unit III, 17 lights, 52 lots, Snapping Shoals EMC, District 5

 

Stillwater at the Farm, Unit II, 7 lights, 22 lots, Snapping Shoals EMC, District 3

 

Villages of Rowanshyre, Unit IV, 7 lights, 36 lights, Central Georgia EMC, District 2

 

Waverly Estates, 15 lights, 31 lots, Snapping Shoals EMC, District 1

 

Oak Shores, 1 additional light, 76 lots, Central Georgia EMC, District 3

 

Lake Dow Estates, 2 additional lights, 281 lots, Snapping Shoals EMC, District 3

 

The Heritage at Town Square, 1 additional light, 32 lots, Georgia Power, District 3

 

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

 

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

 

 

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

 

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

 

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.

 

 

 

Request Approval of Phase One of the Planning and Development Services Study Prepared by Zucker Systems.

 

 

            WHEREAS, the Henry County Board of Commissioners engaged Zucker Systems of San Diego, California to prepare a study entitled Planning and Development Services Study, Henry County, Georgia, with recommendations to improve customer service and improve the workings and processes of the Economic Division; and

 

            WHEREAS, Zucker Systems has provided a second draft dated June 2004 listing 140 recommendations; and

           

            WHEREAS, staff has developed the first phase of an implementation plan (quick fixes); and

 

            WHEREAS, it is understood that approval of the first phase (quick fixes) of the implementation plan is not a budget amendment and funding for implementation shall come from budgeted lines items, approval of the County Manager, or separate approval by the Henry County Board of Commissioners;

 

            NOW THEREFORE BE IT RESOLVED, The Henry County Board of Commissioners hereby directs the Planning and Development Division Director and staff to proceed with the implementation plan (quick fixes) as the first phase of implementation.

 

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

 

Commissioner Holman asked the Board to consider striking some of the quick fixes, for example, hiring new personnel and building new buildings.  Also the study suggests improving the website, and Commissioner Holman asked what was wrong with the current site.  The following are recommendations by the Zucker Systems that Commissioner Holman had questions or concerns:

 

 

 

·        Install voice-mail.

·        Add new computers.

·        Reclassify positions.

·        Locate an Office Manager in an enclosed office.

·        Purchase cell phones.

·        Increase staff to eighteen (18).

·        Assign a second planner.

 

Commissioner Harper raised the ‘point of order’ stating, “the motion clearly states it will be as currently funded or approved in the future by the Board; he is not asking for any money today.”

 

Commissioner Freedman commended Commissioner Holman for having a ‘good eye’ on the budget.   He said Zucker Systems did an excellent job in their recommendations, but the items’ costs are not approved automatically and states that in the resolution. 

 

The motion carried 4-1-0 with Commissioners Harper, Holder, Adams, and Freedman voting in favor, and Commissioner Holman voting against. 

 

 

ADMINISTRATION AND FINANCE:

 

Resolution of the Henry County Board of Commissioners Pertaining to an Auction to Sell County Materials.

 

            WHEREAS, the various departments of Henry County, Georgia have submitted a list of materials deemed obsolete, broken, or otherwise no longer required; and,

 

            WHEREAS, the County has a requirement for auctioneer services to coordinate and administer the County auction; and;

 

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners approves the following actions:

 

1.                  The attached itemized listing of materials is deemed to be obsolete,

broken, or otherwise no longer required for use by the County and

is, therefore, declared surplus and is to be offered for sale at Public

auction.

 

2.                  The contract for auctioneer services with Metro Auction Services is

hereby renewed for one (1) year in accordance with the terms and

conditions of the original bid documents.

 

3.                  The Public Auction date is hereby approved for October 9, 2004.

 

 

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

 

Commissioner Holder stated even though he has no interest in Metro Auction and has not since 1992, he will abstain from the vote because he has had interest in Metro Auction in the past. 

 

Mr. Tommy Smith, Interim Purchasing Director, submitted the official copy of the items that will become the authorized record determined by the Board to be obsolete. 

 

Commissioner Harper amended his motion to include the surplus list handed to the Board by Mr. Smith; Commissioner Freedman amended his second.  The motion carried 4-0-1 with Commissioners Harper, Freedman, Holman, and Adams voting in favor, and Commissioner Holder abstaining.  

 

 

PUBLIC WORKS:

 

Emergency SPLOST Items.

 

Request Approval of a Bid for the Construction of a Concession with Restrooms and Stand-Alone Restrooms for North Mt. Carmel Park.

 

          WHEREAS, sealed bids were solicited for the construction of one concession/restroom building and one stand-alone restroom; and

 

            WHEREAS, the SPLOST Management Department received 4 sealed bids; and

 

            WHEREAS, the cost of the construction is as listed:

 

Concession w/Restroom                       $ 153,622.00 funded by SPLOST II

Stand-Alone Restroom               $ 63,632.00 funded by SPLOST  I

                                       Total             $217,254.00

 

and;

 

            WHEREAS, SPLOST Management recommends the low bidder, Jerry L. Johnson;

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the proposal of Jerry L. Johnson and authorizes the Chairman to sign all necessary documents for the construction of a concession with restrooms and a stand-alone restroom for a total amount of $ 217,254.00.

 

Commissioner Freedman made the motion to approve the selection of Jerry L. Johnson as the low bidder for the project; Commissioner Adams seconded. 

 

Commissioner Holder compared the concession stand in this request (costing $153,622.00) to the concession stand at North Forty that cost about $85,000 to$90,000.  He said he did not want $153,000.00 concession stand/restroom at Sandy Ridge; he wanted one like the North Forty concession stand, because he wanted to use the difference in cost for something else. 

 

 

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

 

 

Request Approval of a Bid for the Construction of Sowell Road.

 

Sealed bids were solicited for the construction of Sowell Road, and the SPLOST Management Department received sealed bids for this project.  SPLOST Management recommended the low bidder, Cummings Grading, with the cost of $387,234.50 for the construction. 

 

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

 

Commissioner Holder said this includes Sowell Road from King Mill to Iris Lake (1.6 miles), using an alternative method.  Mr. Lynn Bledsoe, SPLOST Program Manager, stated the proposed method will hold up better.  Commissioner Holder said there are several roads in his District where he would like to use this method to get more roads out of the program. 

 

Commissioner Freedman commended Mr. Bledsoe for developing the idea; he said it is more cost effective.  

 

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

 

 

Request Approval of Additional Cost Associated with SPLOST I and SPLOST II Budgets.

 

            WHEREAS, Henry County SPLOST staff has assessed various projects in both SPLOST I AND II and has determined additional funds are needed to complete the designated projects; and

 

            WHEREAS, staff has revised the cost estimate for design, construction and Right-of-Way making the determination for additional funds in these areas; and

           

WHEREAS, staff is requesting additional amounts as listed:

 

SPLOST II Roads                                                        $3,487,086.00

SPLOST II Park Capital                                                 $165,777.00

SPLOST I Roads Budget Amendment                  $32,000.00

See attached Exhibit A; and

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the additional funds to the SPLOST I and II Budgets.

 

 

 

Ms. Angus said there are no more ‘road monies’ unless the budget, at some point, increases.  She thought the Board has been very wise not to increase the budget. 

 

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

 

Request Approval of a Bid for Construction of the Stockbridge/Cochran Library.

 

WHEREAS, the SPLOST referendum and Board of Commissioners approved $1,654,000 funding for construction costs to construct the Stockbridge/ Cochran Library;

 

WHEREAS, sealed bids were solicited for the construction of the Stockbridge Library to be located at 174 Burke Street; 

 

            WHEREAS, the SPLOST Management Division received four (4) sealed bids for this project;

                       

            WHEREAS, the SPLOST Management Division recommends the low bidder, Triad Construction Co., in the amount of 1,472,200;

 

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners awards the proposal of Triad Construction Co. for the construction of the Stockbridge/Cochran Library.    

 

 

Ms. Angus stated she was concerned about awarding this prior to the approval of an agreement with the Library.  She said she and the County Attorney had been working on this, and she did not know if it had been settled.  

 

Commissioner Adams made a motion to table this item until the next Board meeting; Commissioner Freedman seconded.

 

Ms. Angus said the Board determines the funding sources, but the Board needs to have the agreement straight and in writing with the City of Stockbridge and the Library Board regarding the ownership of the land, the deed, the transfer of the money and the sale of the Cochran Library.  She said sometimes the Board errs in the details while they still have leverage.

 

Chairman Maddox said he thought that had been worked out.

 

Ms. Angus replied what she is worried about are the documents. 

 

Commissioner Holder asked, “have you looked at the fact of SPLOST funds going into property where you are building a capital improvement on property you do not own?  I think that is what you are talking about acquiring and be sure it is legal to do that.”

 

 

 

Commissioner Holder said a long-term lease agreement may be sufficient, but SPLOST law is different from other law in what can and cannot be done with the funds.   

 

Chairman Maddox said if the County is going to build a building, the land should be deeded to the Henry County Library.  He said, “it cannot be the circumstance where they can ask us to move out; we need it deeded to us.”

 

Ms. Angus stated the deed restriction in the Cochran Library transfer and the disposition of the building play an intricate part of the conclusion of this.  She said Mr. Jaugstetter probably has more update, and she did not want to move forward until he returned to work from vacation.

 

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

 

 

Resolution Regarding the Campground Road and Brannan Road Intersection.

 

            WHEREAS, the intersection of Brannan Road and Campground Road is scheduled for an intersection improvement, which is funded through the SPLOST program; and

 

            WHEREAS, the intersection is currently designed with two turn lanes as well as two lanes of through traffic; and

 

            WHEREAS, the residents of the surrounding properties wish to have the intersection built with one turn lane; and

 

            WHEREAS, the portion of Campground Road encompassing this intersection is not currently scheduled or funded to be four lanes;

 

            NOW THEREFORE BE IT RESOLVED by the Henry County Board of Commissioners that:

1.      The intersection of Brannan Road and Campground Road shall be built with the center lane as the turn lane and the outer lanes as through-traffic lanes; and

 

      2.  The SPLOST office shall obtain right of way at the intersection based on the current

            design (four lane) to enable expansion when the project is funded.

 

 

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

 

Commissioner Harper clarified by saying, “the project…..we are not going to 4-lane from Highway 42 to Highway 155 yet; Campground Road – that is not yet funded.  But there is an intersection between those two points where we are installing a red light, and that has already been awarded (Brannan and Campground).  We were going to put in four lanes at that intersection, but the road is going to be 2-lanes.  The residents in that area do not want the 4-lane intersection, but as a compromise, we are going to acquire the 4-lane right-of-way from them, build the intersection with one turn lane in the center, and two thru-lanes of traffic.  We already have the right-of-way and the design for the 4-lane, so when we decide to fund it in a few years, we can go ahead and build it.  It reduces the scope of the project from four to three lanes.”

 

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

 

 

COUNTY ATTORNEY:

 

Request Approval of a Resolution Reaffirming the Indemnification by the County of County Employees Named as Defendants in Lawsuits.

 

WHEREAS, on August 5, 2003, the Henry County Board of Commissioners adopted Resolution No. 03-198; and

 

WHEREAS, Resolution No. 03-198 established Henry County’s policy of providing a defense for and indemnifying County employees and officials against loss resulting from any suit filed against a County employee in the course of such employee’s duties; and

 

WHEREAS, the following suits have been filed recently, naming as Defendant one or more County officials or employees:

 

Civil Action File 04-CV-2298-M                     Michael Tate v. Henry County and Linda Angus

Civil Action File 04-CV-2431-C                      Kenneth Dawson v. Henry County and Linda Angus

Civil Action File 04-CV-2297-C                      Felicia Bartlett v. Henry County and Linda Angus

Civil Action File 04-CV-2395-M                     Frederick Gardiner v Henry County and Linda Angus

Civil Action File 04-CV-2396-C                      Tiffany R. Love v. Patrick Jaugstetter and Charlie

                                                                             Tomlinson;

 

WHEREAS, the Board of Commissioners desires to assure County employees and officials of the continued policy of indemnification and defense in such suits;

 

NOW, THEREFORE, Henry County, by the through the Henry County Board of Commissioners, does hereby reaffirm its obligations under Resolution No. 03-198 and does hereby specifically RESOLVE that Henry County shall defend and indemnify against any loss or damage all County employees and/or officials named as defendant in any of the lawsuits listed above.  Such defense and indemnification shall continue, if necessary, beyond the term of employment of any employee and/or official named as defendant in any of the lawsuits.

 

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

 

Ms. LaTonya Wiley, Deputy County Attorney, stated the Legal Department omitted one (1) lawsuit which is another Kenneth Dawson lawsuit (Civil Action File 04-CV-2363-C); Mr. Dawson filed two (2) lawsuits.  She commented with the exception of the last lawsuit, Tiffany R. Love v. Patrick Jaugstetter and Charlie Tomlinson, all of the others are employment appeals.

 

Commissioner Holman amended his motion to include the change; Commissioner Harper amended his second.   The motion carried 5-0-0 with Commissioners Holman, Harper, Freedman, Holder, and Adams voting in favor. 

 

 

APPOINTMENT TO THE HENRY CUNTY BOARD OF FAMILY AND CHILDREN SERVICES:

 

  Commissioner Adams said he had not received confirmation relating to this item, and made the motion to table this until next week; Commissioner Holman seconded.  The motion carried 5-0-0 with Commissioners Adams, Holman, Holder, Freedman, and Harper voting in favor.

 

 

APPOINTMENT TO THE HENRY COUNTY ELECTION BOARD – DEMOCRATIC PARTY REPRESENTATIVE:

 

WHEREAS, Ramona Jones, has resigned her position on the Board of Elections as the Democratic Party Representative; and

 

WHEREAS, the Henry County Democratic Party has nominated Gwen Rakes to serve the unexpired term of Ms. Jones; and

 

WHEREAS, the person appointed will serve beginning immediately, ending March, 2006;

 

NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners hereby appoints Gwen Rakes to the Henry County Board of Elections as the Democratic Party Representative. 

 

 

Commissioner Freedman made a motion to approve the appointment of Ms. Gwen Rakes as the Democratic Party’s first choice; Commissioner Holder seconded.

 

Commissioner Freedman asked for the letter to the Board of Commissioners from the Democratic Party, stating their Executive Board’s first choice is Ms. Gwen Rakes and second choice being Mr. Brian Vaughn, be included in the Minutes.

 

The motion carried 4-1-0 with Commissioners Freedman, Holman, Harper, and Holder voting in favor, and Commissioner Adams voting against. 

 

 

 

 

 

 

 

 

 

 

 

AGENDA AMENDMENTS / EMERGENCY AGENDA ITEMS:

 

Resolution to Support the Reinstatement of the Impact Fee Committee for the Transportation Element of the Impact Fee Ordinance.

 

 WHEREAS, in April 2003, Henry County Board of Commissioners appointed members to serve on the Impact Fee Study Committee in the development of Henry County’s Impact Fee Ordinance;

 

WHEREAS, during the development of the Impact Fee Ordinance, the transportation element was not completed at that time;

 

WHEREAS, Henry County is beginning work on the Transportation Impact Fee Ordinance;

 

WHEREAS, Henry County would like to reinstate the Impact Fee Committee used on the development of the original Impact Fee Ordinance;

 

WHEREAS, the Impact Fee Committee assists in the development of the fees and review of technical data to ensure that the community‘s interest are preserved while developing the Transportation Impact Fee Ordinance, in accordance with the Georgia Development Impact Fee Act;

 

WHEREAS, the following members of the original Impact Fee Committee have agreed to serve on the Transportation Element of the Impact Fee Committee:

 

Mr. Si Elliott                                                                 Mr. Glenn Shumate

Mr. Ted Lithgo                                                 Mr. Mike Reid

Mr. Carey Bunn                                                           Mr. Tom McClung

 

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the reinstatement of the original Impact Fee Committee and re-appoints the above named individuals to serve on the Transportation Element of the Impact Fee Ordinance Committee.  A letter of acceptance will be forwarded to each member listed above.

 

NOW, THEREFORE, BE IT FURTHER RESOLVED the Henry County Board of Commissioners appoints Mr. Ken Smith to the Transportation Element of the Impact Fee Ordinance Committee.  A letter of acceptance will be forwarded to Mr. Smith.

 

 

Chairman Maddox said there were some questions about the nominations; in the beginning, the Board received nominations from all six (6) Commissioners.  He asked if that was correct.

 

 

 

 

 

Mr. Danny Taylor, Economic Development Division Director, stated the Board decided to establish a seven (7) member Committee, with each Commissioner recommending one (1) citizen representative and one (1) builder/developer/real estate representative with the Board choosing the final seven (7). 

 

Commissioner Freedman said he had a replacement nomination for Mr. Joe Gooch, and made the motion to nominate Mr. Ken Smith, who has a background in road construction at the State level and in private industry.  Commissioner Holman seconded. 

 

Commissioner Holman stated District V would like to nominate Mr. Chris Marsengill, who has experience in road construction.  Commissioner Harper asked if he was on the Plan Review Committee.  Mr. Taylor clarified Mr. Marsengill is presently on the Steering Committee.  Commissioner Harper said the question is can you serve on two (2) Boards.  Commissioner Holman thought Mr. Marsengill would be glad to step down from the Steering Committee, because it is not presently active.  Commissioner Freedman asked if this is in lieu of Mr. Shumate.  Chairman Maddox said the Board is only electing one from the citizen’s group, not from the developers. 

 

Mr. Taylor said, “if the Board is in agreement to proceed with the group previously appointed, then the Board only has one (1) vacancy, and that is to replace Mr. Gooch’s seat.”

 

Commissioner Holman withdrew his nomination of Mr. Chris Marsengill.  

 

The motion to appoint Mr. Ken Smith to the Committee carried 5-0-0 with Commissioners Freedman, Holman, Harper, Adams, and Holder in favor.

 

Chairman Maddox stated Ms. Lisa Glover, Transportation Planner, has contacted all of the participants on this Committee with the exception of Mr. Joe Gooch, and they are willing to serve.

 

 

City of McDonough Annexations.

 

1.      Applicant – Arch McGarity

The property is 2.29 +/- acres located in Land Lot(s) 194 of the 7th District; along the northern boundary of SR 20W along the western boundary of Greenwood Road.  The current zoning is C-1 (Neighborhood Commercial).  The proposed zoning per annexation is C-1 (Neighborhood Commercial).

2.      Applicant – Arch McGarity (Tract A)

The property is .963 +/- acres located in Land Lot(s) 191 of the 7th District; along the northern boundary of SR 20W along the eastern boundary of SR81.  The current zoning is C-1 (Neighborhood Commercial).  The proposed zoning per annexation is C-1 (Neighborhood Commercial).

 

3.      Applicant – Arch McGarity (Tract B)

The property is .686 +/- acres located in Land Lot(s) 191 of the 7th District; along the northern boundary of SR 20W along the eastern boundary of SR 81.  The current zoning is C-1 (Neighborhood Commercial).  The proposed zoning per annexation is C-1 (Neighborhood Commercial).

 

4.      Applicant – Arch McGarity (I-75 Tract)

The property is .50 +/- acres located in Land Lot (S) 163 of the 7th District; along the western boundary of I-75. The current zoning is C-2 (General Commercial).  The proposed zoning per annexation is C-2 (Central Commercial).

 

5.      Applicant – Joe Anderson

The property is 1.767 +/- acres located in Land Lot(s) 192 of the 7th District; along the western boundary of I-75. The current zoning is C-1 (Neighborhood Commercial).  The proposed zoning per annexation is C-3 (Heavy Commercial).

 

6.      Applicant – John Eskew & Dorothy Cordobes

The property is 124.63 +/- acres located in Land Lot(s) 153 and 168 of the 7th District; between SR 81 East and Racetrack Road. The current zoning is RA (Residential Agriculture).  The proposed zoning per annexation is RA-200 (Residential Agriculture).

 

7.      Applicant – Willow Partners, LLC

The property is 10.46 +/- acres located in Land Lot(s) 162 and 163 of the 7th District; northeast of the intersection of Highway 81 and New Industrial Boulevard.  (The current zoning is C-2 (General Commercial).  The proposed zoning per annexation is C-3 (Heavy Commercial).

 

Commissioner Harper stated under House Bill 489, the Board cannot object to the zoning; unless the density is changed, the Board cannot legally file an objection.  Commissioner Harper said he would ‘go out on a limb’ and say after they receive it, they will rezone it after it is annexed.  Commissioner Harper said no motion is necessary. 

 

 

 

 

PUBLIC COMMENTS:

 

(There were no public comments.)

 

COMMISSIONER(S) COMMENTS:

 

(There were no Commissioner Comments.)

 

APPROVAL OF MINUTES:

 

Commissioner Holman made the motion to approve the following Minutes: August 16, 2004 Regular Meeting, August 17, 2004 Called Meeting, and August 17, 2004 Regular Meeting; Commissioner Harper seconded.  The motion carried 5-0-0 with Commissioners Holman, Harper, Holder, Adams, and Freedman voting in favor.

 

UPCOMING MEETINGS:

 

09/20/04          Monday           9:00 a.m.          Regular BOC Meeting

09/21/04          Tuesday           6:30 p.m.          Regular BOC Meeting

10/04/04          Monday           9:00 a.m.          Regular BOC Meeting

10/05/04          Tuesday           9:00 a.m.          Regular BOC Meeting

10/09/04          Saturday           9:00 a.m.          County Auction

 

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

 

                                                (An Executive Session was held.)

 

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

 

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

 

 

Commissioner Harper made the motion, out of public necessity, to amend the Agenda and also to approve a resolution naming Mr. Rob Magnaghi as the Interim County Manager effective November 8, 2004; Commissioner Adams seconded.  The motion carried 5-0-0 with Commissioners Harper, Adams, Holder, Freedman, and Holman voting in favor.

 

Commissioner Holman made the motion to amend the Agenda to approve a resolution to authorize the acquisition of .128 acres of land and .002 +/- acres of land in Land Lot 75 of the 6th District in Henry County, Georgia by negotiated contract or condemnation pursuant to the provisions of OCGA Section 32-3-4 through Section 32-3-19 in reference to Pates Creek land acquisition; Commissioner Freedman seconded.  The motion carried 5-0-0 with Commissioners Holman, Freedman, Holder, Harper, and Adams voting in favor.

 

Commissioner Holman made the motion to adjourn (12:15 p.m.); Commissioner Adams seconded.  The motion carried 5-0-0 with Commissioners Holman, Adams, Freedman, Harper, and Holder voting in favor.

 

                                                                        Leland Maddox, Chairman

 

Peggy L. Malcolm, Deputy County Clerk