The Henry County
Board of Commissioners held a Regular Meeting at 9:00 a.m. on Wednesday,
September 8, 2004, in the Community Room,
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
were Linda Angus, County Manager; LaTonya Wiley, Deputy County Attorney; Susan
B. Craig, County Clerk; Shay Mathis, Deputy County Clerk;
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
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.
Mr. Kelly said it is from not washing it, and with improper drainage on the roof or gutter system, the mold will build up.
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.”
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
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.
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.
Chief Jenkins said they were pumping approximately
once a month, but they are not pumping presently because it is dry.
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
Nature’s Pointe, 11 lights, 34 lots, Central Georgia EMC, District 2
The Springs at
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
Lake Dow Estates, 2 additional lights, 281 lots, Snapping Shoals EMC, District 3
The Heritage at
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.
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.
· 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.
carried 4-1-0 with Commissioners Harper, Holder, Adams, and Freedman voting in
ADMINISTRATION AND FINANCE:
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
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.
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.
Emergency SPLOST Items.
Request Approval of a Bid for the Construction of a
Concession with Restrooms and Stand-Alone Restrooms for
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
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.
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
Sealed bids were
solicited for the construction of
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.
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
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
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
Ms. Angus replied what she is worried about are the documents.
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
WHEREAS, the intersection of
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
NOW THEREFORE BE IT RESOLVED by the Henry
1. The intersection of
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.
The motion carried 5-0-0 with Commissioners Harper, Adams, Holman, Freedman, and Holder voting in favor.
Request Approval of a Resolution Reaffirming the Indemnification by
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
Civil Action File 04-CV-2396-C Tiffany R. Love v.
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.
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.
APPOINTMENT TO THE HENRY CUNTY BOARD OF FAMILY AND CHILDREN SERVICES:
APPOINTMENT TO THE
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.
carried 4-1-0 with Commissioners Freedman, Holman, Harper, and Holder voting in
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, 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.
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.”
The motion to appoint Mr. Ken Smith to the Committee carried 5-0-0 with Commissioners Freedman, Holman, Harper, Adams, and Holder in favor.
1. Applicant – Arch McGarity
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
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
property is 124.63 +/- acres located in Land Lot(s) 153 and 168 of the 7th
District; between SR 81 East and
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
(There were no public comments.)
(There were no Commissioner Comments.)
APPROVAL OF MINUTES:
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.
Leland Maddox, Chairman
Peggy L. Malcolm, Deputy County Clerk