STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Regular Public Meeting at 9:00 a.m. on Monday, January 5, 2009, in the Community Room, County Administration Building, 140 Henry Parkway, McDonough, Georgia. Notice of this meeting was posted in the entrance foyer of the County Administration Building. The Daily Herald was notified of this meeting. Those present were:

 

                        Elizabeth “BJ” Mathis, Chairman,

Reid A. Bowman, Vice-Chairman, District IV Commissioner

Warren E. Holder, District I Commissioner

Rick Jeffares, District II Commissioner

            Randy Stamey, District III Commissioner

Johnny B. Basler, District V Commissioner

Also attending were Shay Mathis, County Clerk; LaTonya Nix-Wiley, County Attorney; Rob Magnaghi, County Manager; Michael Sabine, Assistant County Manager;  Mike Bush, Finance Director; Michael Harris, Planning & Zoning Services Division Director; Angie Bailey, Social Services Division Director; Jim Luebbering, Building and Development Services Division Director; Terry McMickle, Public Works Division Director; and others.

(NOTE: Audio of this meeting is available with the County Clerk in the Board of Commissioners’ Office and will be retained for a period no less than twelve (12) months from the date of this meeting.) 

Chairman Mathis called the meeting to order and called for an acceptance of the agenda.  Commissioner Bowman made the motion to approve the agenda; Commissioner Stamey seconded.  The motion carried unanimously.

Appointment of the Vice-Chairman

            Commissioner Stamey made the motion to appoint Commissioner Bowman as Vice-Chairman; Commissioner Basler seconded.  The motion carried 4-0-1 with Commissioner Bowman abstaining.

Appointment of the County Clerk

            Commissioner Holder made the motion to appoint Shay Mathis as the County Clerk; Commissioner Basler seconded.  The motion carried unanimously. 

Bid award of a bid to purchase materials for two pavilions for Moseley Park

            Ronnie Glaze, SPLOST Management presented the agenda item to the Board.  The pavilions will be located behind the concessions at the park.  Five (5) bids were received and reviewed and staff recommended the low bidder Timber Systems in the amount of $21,760.00.  The bid included 3-tab shingles for the roof and the request is to exclude them and install metal.  It’s important to remain consist with the other parks.

            Commissioner Bowman made the motion to award the bid to Timber Systems in the amount of $21,760.00 and authorize the Chairman to sign the necessary documents; Commissioner Jeffares seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Moseley Park is a designated SPLOST III Park project; and

WHEREAS, sealed bids were solicited for the purchase of material for two (2) pavilion structures; and

            WHEREAS, five (5) sealed bids were received and reviewed; and

            WHEREAS, funding for this project is available in SPLOST III Moseley Park account; and

            WHEREAS, staff recommends the low bidder, Timber Systems in the amount of $21,760.00 which includes the roof and delivery;

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the proposal and awards Bid Number SP-09-26-111008-01 to Timber Systems for the purchase of material for two 30’ x 36’ pavilions in the amount of $21,760.00.  The Chairman is hereby authorized to sign all necessary documents for this project. All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

Amendment to a contract for transportation services for elderly and disabled citizens

            David Williamson, Transit Director presented the agenda item to the Board.  The Georgia Department of Human Resources (DHR) anticipates that the Georgia Department of Family and Children Services will not be utilizing all of its funds due to a decrease in the number of passengers attending DHR programs in Henry County.  The DHR has proposed a decrease of $10,000 to the current contract amount of $498,588.  The amended transportation contract will total $488,588 for Fiscal Year 2009.  The funding will be obligated to other programs within the County.

            Commissioner Holder made the motion to approve amendment #1 for Georgia Department of Human Resources Coordinated Transportation for Transportation Assistance; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Georgia Department of Human Resources is amending contract number 427-93-09090237-99 to de-obligate $10,000.00 for Transportation Grant for Henry County Board of Commissioners (d.b.a., Henry County Transit) for transportation; for the period of July 1, 2008 thru June 31, 2009;

 

WHEREAS, Henry County Board of Commissioners can now collect up to $488,588.00 in transportation fees;

 

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners agrees to and accepts amendment # 1 for Georgia Department of Human Resources Coordinated Transportation for Transportation Assistance.

Board and Authority Appointments

            Henry County Development Authority

            Commissioner Holder made the motion to reappoint W. L. Carter; Commissioner Stamey seconded.  The motion carried unanimously.

            Commissioner Jeffares made the motion to reappoint Ken Huff; Commissioner Stamey seconded.  The motion carried unanimously.

            Commissioner Stamey made the motion to reappoint Vickie Loper; Commissioner Holder seconded.  The motion carried unanimously.

            Henry County Recreation Board

            Commissioner Holder made the motion to appoint Carla Daniels; Commissioner Basler seconded.  The motion carried unanimously.

            Commissioner Jeffares made the motion to reappoint Danny Dill; Commissioner Holder seconded.  The motion carried unanimously.

            Commissioner Stamey deferred his appointment to the next meeting.

            Henry County Library Board

            (The meeting was turned over to the Vice-Chairman) Chairman Mathis made the motion to appoint Janice Lowe; Commissioner Stamey seconded.  The motion carried unanimously.

            (The meeting was turned back over to the Chairman) Commissioner Holder made the motion to reappoint Marianne Morfoot; Commissioner Jeffares seconded.  The motion carried unanimously.

            Commissioner Jeffares made the motion to appoint Pat Watson; Commissioner Basler seconded.  The motion carried unanimously.

            Commissioner Stamey deferred his appointment to the next meeting.

            Henry County Zoning Advisory Board

            (The meeting was turned over to the Vice-Chairman) Chairman Mathis made the motion to appoint Sue Ostrander; Commissioner Jeffares seconded.  The motion carried unanimously.

(The meeting was turned back over to the Chairman) Commissioner Holder deferred his appointment to the next meeting.

Commissioner Jeffares made the motion to appoint John Palmer; Commissioner Bowman seconded.  The motion carried unanimously.

Commissioner Stamey made the motion to reappoint Terry Echols; Commissioner Holder seconded.  The motion carried unanimously.

 

Henry County Water and Sewerage Authority

Commissioner Holder made the motion to reappoint Al Smith; Commissioner Stamey seconded.  The motion carried unanimously.

Commissioner Jeffares made the motion to reappoint Ken Phillips; Commissioner Holder seconded.  The motion carried unanimously.

Commissioner Stamey made the motion to reappoint Jimmy Carter; Commissioner Holder seconded.  The motion carried unanimously.

Henry County Council on Aging

Commissioner Holder made the motion to reappoint Barbara Price, Hazel Gardner and Fannie Crawford; Commissioner Stamey seconded.  The motion carried unanimously.

Commissioner Jeffares made the motion to reappoint Geraldine Tanner, Gordon Olmstead and Carolyn Floyd; Commissioner Basler seconded.  The motion carried unanimously.

Commissioner Stamey deferred his appointment to the next meeting.

Hospital Authority

(The meeting was turned over to the Vice-Chairman) Chairman Mathis made the motion to nominate Eddie Robins, Steve Davis and Brian Preston; Commissioner Stamey seconded.  The motion carried unanimously.

(The meeting was turned back over to the Chairman) Commissioner Jeffares made the motion to nominate Dr. William Dilinger, Dr. Linda King Kohl and Joyce Rodgers; Commissioner Bowman seconded. The motion carried unanimously.

Commissioner Stamey made the motion to nominate Dr. Frank Steele, Dr. Tarsem Gupta and Dr. Andrew Slavico; Commissioner Bowman seconded.  The motion carried unanimously.

Commissioner Basler made the motion to nominate Gerald Taylor, Jenny Jenkins and Mike Lyles; Commissioner Bowman seconded.  The motion carried unanimously.

Commissioner Holder made the motion to nominate Dr. J. Blissit, Steve Kay and Jeff Mills; Commissioner Jeffares seconded.  The motion carried unanimously.

Approval of the minutes

            Commissioner Stamey made the motion to approve the December 16th called meeting minutes and the December 16th regular meeting minutes; Commissioner Basler seconded.  The motion carried 4-0-1 with Commissioner Jeffares abstaining.

County Manager Comments

            There were no comments.

County Attorney Comments

            Authorization for the Tax Commissioner to receive checks and/or money orders in payment of taxes and license fees

            LaTonya Wiley, County Attorney presented the agenda item to the Board.  The resolution authorizes the Tax Commissioner to receive checks and/or money orders in payment of taxes and license fees.  Georgia Law defines a Tax Commissioner could be held personally liable for dishonored checks or money orders received for payment of taxes and license fees absent express permission from the Board of Commissioner giving him/her the authority to receive this form of payment.  The resolution presented authorizes the newly elected Tax Commissioner the ability to receive checks or money orders in payment of taxes and license fees.

            Commissioner Holder made the motion to approve the resolution; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, David Curry has been elected to serve as the Henry County Tax Commissioner with a term of office beginning January 1, 2009; and

WHEREAS, Georgia law, O.C.G.A. §48-5-146, allows the county governing authority to authorize the Tax Commissioner to receive checks and money orders in payment of taxes and license fees; and

WHEREAS, such authorization is necessary in order avoid the harsh result of having the Tax Commissioner be held personally liable for unpaid checks or money orders received in payment of taxes and licenses fees; and

WHEREAS, Georgia law further sets forth specific collection procedures for the Tax Commissioner to follow in order to recover funds from checks or money orders received in payment of taxes and/or license fees, but not duly honored; and

            WHEREAS, the Board of Commissioners finds that it is in the best interest of the citizenry to authorize the newly elected Tax Commissioner to receive checks and or money orders in the execution and performance of his official duties;

NOW THEREFORE, BE IT RESOLVED that the Board of Commissioners of Henry County, Georgia, does hereby authorize the Henry County Tax Commissioner to do the following:

1.      Receive personal, company, certified, treasurer’s, or certified checks in payment of taxes and license fees; and

2.      Receive bank, postal or express money orders in payment of taxes and license fees; and

3.      Adhere to the collection procedures as currently set forth in O.C.G.A. §48-5-146, or as may be amended in the future by the Georgia Legislature, for collecting any dishonored checks or money orders received in payment of taxes and license fees.

Delegation of authority to the Board of Tax Assessors and Tax Commissioner to process and administer refunds for taxes and/or license fees erroneously assessed and collected

LaTonya Wiley, County Attorney presented the agenda item to the Board.  The resolution is for approval to delegate authority to the Tax Commissioner and the Board of Tax Assessors to process and administer refunds for taxes and license fees erroneously assessed and collected.  Georgia Law targets the Board of Commissioners with the responsibility of handling such claims.  However the law states the Board of Commissioners can delegate that authority to an appropriate department under the terms deemed suitable.  The resolution presented grants to the Tax Commissioner and Board of Tax Assessors the ability to handle and process the claims to expedite tax payer refunds when necessary.

Commissioner Bowman asked how this process was handled in the past.  Ms. Wiley stated there were two previous resolutions, one in 1984 and one in 2003 that addressed this process.  The resolution presented replaces and supersedes the previous resolutions.  The proposed resolution provides that the Tax Commissioner will provide bi-annual reports to the Board of Commissioners on all claims processed under this resolution.

Commissioner Bowman made the motion to approve the resolution; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

            WHEREAS, on occasion, clerical errors are made in the calculation and assessment of property taxes or license fees owed to Henry County; and

            WHEREAS, taxpayers, on occasion, mistakenly overpay the amount of taxes or license fees due to Henry County in a given year; and

            WHEREAS, such clerical errors and overpayments sometimes result in the taxpayer being owed a refund by Henry County; and

            WHEREAS, O.C.G.A. §48-5-380 sets forth the method for filing refund claims and provides that the governing authority of the County shall be responsible for processing taxpayer refunds; and

            WHEREAS, the Board of Commissioners of Henry County is the governing body of Henry County having authority to adopt policy for this matter pursuant to the Constitution of the State of Georgia and O.C.G.A. §48-5-380; and      

            WHEREAS, O.C.G.A. §48-5-380 provides that the governing authority has the power to delegate the administration of the taxpayer refund process to an appropriate department in local government; and

            WHEREAS, the Board of Commissioners desires to expedite the processing of refund claims that may be due to taxpayers arising from clerical or taxpayer error by delegating certain authority to the Henry County Board of Tax Assessors and the Henry County Tax Commissioner;

            NOW THEREFORE, BE IT RESOLVED that the Board of Commissioners of Henry County hereby authorizes and approves the delegation of authority as follows:

1.      The Henry County Board of Tax Assessors is hereby authorized to process refund claims arising from clerical or taxpayer error as authorized by O.C.G.A. §48-5-380.

2.      The Henry County Tax Commissioner is hereby authorized to issue refunds in the amount of $1,000.00 or less when a clerical or taxpayer error has been made and a member of the Tax Assessor’s Office certifies such error in writing to the Tax Commissioner.

3.      In cases where the amount of the refund owed is in excess of $1,000.00, the Board of Tax Assessors shall review the claim for refund and the nature of the alleged clerical or taxpayer error and make a determination as to whether a refund is owed.  Upon written confirmation of the error and the amount of refund due, the Tax Commissioner is authorized to process such refund.

4.      If a refund claim is denied, written notice shall be provided to the taxpayer as provided in O.C.G.A. §48-5-380.

5.      The Tax Commissioner shall submit a report to the Board of Commissioners at least twice per year identifying all refunds processed during the calendar year.

6.      In any case where there is no obvious clerical error, or where the amount of refund in question or the nature of the mistake is disputed, such claim shall be presented to the Henry County Board of Commissioners under the procedures set forth in O.C.G.A. §48-5-380 and shall not be resolved by the Board of Tax Assessors or Tax Commissioner.

7.      This Resolution supersedes and replaces previously adopted Resolution Nos. 03-255 and 84-47 addressing this issue.

Public Comments

            There were no comments.

            Commissioner Holder presented a petition to pave Higgins Road as part of the record. 

Upcoming Meetings

            There are no agenda items for the Tuesday, January 6th meeting.  Commissioner Basler made the motion to cancel the January 6th meeting; Commissioner Stamey seconded.  The motion carried unanimously.

1.      Thursday, January 8, 2009 @ 6:00 p.m. a meeting with the Board of Education.  This meeting will be held at the Henry County Administration Building, 140 Henry Parkway

2.      Monday, January 19, 2009 – Martin Luther King, Jr. Holiday – No Meeting and all County Offices will be closed in observance

3.      Tuesday, January 20, 2009 @ 6:30 p.m. Regular BOC Meeting

Executive Session

Commissioner Stamey 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 LaTonya Wiley, the County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters; Commissioner Basler seconded.  The motion carried unanimously.

 (Executive Session was held.)

Commissioner Stamey made the motion to reconvene into Public Session; Commissioner Basler seconded.  The motion carried unanimously.

Commissioner Holder made the motion to approve the affidavit and resolution pertaining to executive session; Commissioner Jeffares seconded.  The motion carried unanimously.

Commissioner Basler made the motion to amend the agenda out of public necessity and to approve a resolution to authorize the filing of an action to abate a public nuisance for property located at 55 Freeman Drive, Stockbridge; Commissioner Bowman seconded.  The motion carried unanimously.

Commissioner Holder made the motion to adjourn; Commissioner Jeffares seconded.  The motion carried unanimously.

                                                                        Elizabeth “BJ” Mathis, Chairman

 

Shay Mathis, County Clerk