STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Regular Public Meeting at 10:00 a.m. on Monday, March 2, 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 start of the meeting was delayed due to weather conditions). 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; Phyllis Shrader, Deputy County Manager; Michael Sabine, Assistant County Manager;  Mike Bush, Finance Director; Angie Bailey, Social Services Division Director; Terry McMickle, Public Works Division Director; Michael Harris, Planning & Zoning Services Division Director; Jim Luebbering, Building and Development Services 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 Jeffares made the motion to approve the agenda; Commissioner Holder seconded.  The motion carried 5-0-0.

Expenditure of the Henry County Drug Abuse Treatment and Education (D.A.T.E.) funds for the Henry County Juvenile Probation Department’s Substance Abuse Program

            The Honorable Judge Arch McGarity, Henry County Superior Court presented the agenda item to the Board.  The request is for an additional probation substance abuse program and counselor for the remainder of the budget year.  For the next budget year the funds will also come from the D.A.T.E. funds. 

            Commissioner Holder made the motion to approve the resolution; Commissioner Stamey seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, Georgia Code Section 15-21-101(b) established that fines collected for County Drug Abuse Treatment and Education Funds shall be expended by the governing authority of the county for which the fund is established solely and exclusively for drug abuse treatment and education programs relating to controlled substances and marijuana; and

WHEREAS, The Henry County Juvenile Probation Substance Abuse Program meets the requirements of Georgia Code Section 15-21-101(b); and

WHEREAS, The Henry County Juvenile Probation Substance Abuse Program is requesting $2,286.00 in order to fund the purchase of a laptop computer and a projector to enhance the delivery of the program materials and eliminate the cost of excessive paper copies; and

WHEREAS, the Henry County Juvenile Probation Substance Abuse Program is requesting $695.00 in order to purchase a program guide, Matrix Model, which will allow the program to extend out to high risk offenders; and

WHEREAS, the Henry County Juvenile Probation Substance Abuse Program is requesting $4,680 for an additional certified addiction counselor for the remainder of the 2009 fiscal year to accommodate the growing number of participants in the program;

NOW, THEREFORE BE IT RESOLVED, by the Henry County Board of Commissioners that the total expenditure of $7,661.00 for the Henry County Juvenile Probation Substance Abuse Program is approved along with any necessary budget amendments to accommodate the distribution of these funds.

Creation of the Henry County Pretrial Release Program

The Honorable Judge Arch McGarity, Henry County Superior Court presented the agenda item to the Board.  This is a program authorized under the Superior Court Rule 27 with authorization from the County.  There will be no funds from the general fund involved.  The director of the program will be the Honorable Judge Kelley Powell and the Associate Probate Judge will be Nicole Reynolds.  The program as established will only authorize the release of individuals in the Henry County Jail who qualify for the Probate Resource Court’s Mental Health Court.  Entry into the program must be approved by the District Attorney or Solicitor.  The program will be created through the use of grant funds and also D.A.T.E. funds.  The program will help mentally ill individuals who have been incarcerated. 

Commissioner Stamey made the motion to approve the resolution; Commissioner Jeffares seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, Superior Court Rule 27 permits the creation of a pretrial release program; and

WHEREAS, the Judges of the Superior Court have requested approval of a pretrial release program to work in conjunction with the Probate Resource Court; and

WHEREAS, the Probate Resource Court’s Judges need certain powers to incarcerate and release from incarceration those individuals that qualify for the Probate Resource Court; and

WHEREAS, the pretrial release program will authorize only the release of individuals who qualify for the Probate Resource Court; and

WHEREAS, the guidelines for the Probate Resource Court requires prior to release of an individual from incarceration that the respective District Attorney of Henry County and/or Solicitor of Henry County approve of said release;

NOW, THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners approves the establishment by the Superior Court Judges of Henry County, Georgia, Flint Judicial Circuit of the Henry County Pretrial Release Program.

Update from Connecting Henry

            Solicitor General Chuck Spahos and Denise Rodgers, Connecting Henry gave an update of what is being done within the Connecting Henry Program.  In 2003, Connecting Henry assisted 650 families for Christmas and by 2006 the number grew to 1,400.  In 2008 the program assisted over 2,300 families for Christmas.  There is a program called “Break the Cycle” that encourages people within the program to break the cycle and volunteer their own time to serve other families at Christmas.  The David Ramsey series will begin this year.  There is a continuing education program on Tuesday’s and Thursday’s for adult GED.  On Wednesday’s there is a Career Resource Center in conjunction with the Atlanta Regional Commission and on Wednesday afternoons there are counselor sessions done through Pardons and Parole.  On Friday’s there is a drug and alcohol session done through the Pardons and Parole.  Mr. Rodgers introduced Christina Nicholson who has been a part of the program since 2006.  Ms. Nicholson shared her story.

Local Legislation to amend an act to make provisions for the Magistrate Court of Henry County

            Solicitor General Chuck Spahos presented the agenda item to the Board.  This act would require the Chief Magistrate to possess and hold office in the same manner as the State Court Judges and that he/she would be required to be licensed, active members of the State Bar of Georgia.

            Commissioner Stamey asked if there were counties in the surrounding area with this requirement.  Mr. Spahos stated Cobb County, Houston County, Gwinnett County, and Clayton; all of the metro counties. Chief Magistrate, Judge Goodwin stated this is something that is usually done due to the growth of the counties.

            Commissioner Holder made the motion to approve the resolution; Commissioner Bowman seconded.  The motion carried 5-0-0 approving the following resolution:

            WHEREAS, the local act creating the Magistrate Court of Henry County (Ga. L. 1988, p. 3849), provides, among other things, for the eligibility qualifications of the chief magistrate as well as other magistrates who are appointed by the chief magistrate; and

            WHEREAS, under such local act, neither the chief magistrate nor appointed magistrates are required to be licensed, active members of the State Bar of Georgia; and

            WHEREAS, the Henry County Board of Commissioners desires to amend this local act to require the chief magistrate and appointed magistrates to be licensed, active members of the State Bar of Georgia with the exception that those magistrates currently serving as chief magistrate or magistrate of Henry County shall be unaffected by this amendment.

            NOW THEREFORE, BE IT RESOLVED that the Board of Commissioners of Henry County, Georgia, does herby express its support for the amendment of the local act creating the Magistrate Court of Henry County and requests that the legislative delegation representing Henry County submit and support an amendment to the local act creating the same; and

            BE IT FURTHER RESOLVED that the proposed amendment to such local act is attached hereto as Exhibit “A”; and

            BE IT FURTHER RESOLVED that a motion to approve and submit the attached Exhibit “A” represents the official and final version of the proposed legislation properly seconded and unanimously approved on this date by the Board of Commissioners of Henry County to be introduced before the 2009 Georgia General Assembly.

Local Legislation to amend an act creating the State Court of Henry County

            Solicitor General Chuck Spahos presented the agenda item to the Board.  Investigators for the Solicitor General’s office are required to be post certified and they are authorized to carry firearms but they are not sworn police officers because the statue never set that up.  The investigators serve search warrants for cases that are relevant to them.  The Sheriff swears the investigators and they are sworn deputies of the Sheriff’s office.  The act would give the investigators authorities that the Sheriff’s office has.  The act is supported by the Sheriff and the Police Chief. 

            Commissioner Basler made the motion to approve the resolution; Commissioner Holder seconded.  The motion carried 5-0-0 approving the following resolution:

            WHEREAS, The Henry County Board of Commissioners desires to amend the local act creating the State Court of Henry County (Ga. L. 1998, p. 3954), so as to provide that the solicitor-general of such court and his or her investigators shall have arrest powers and law enforcement authority, provided that they are certified as peace officers by the Georgia Peace Officer Standards and Training Council in the same manner as other law enforcement officials; and

            WHEREAS, the Henry County Board of Commissioners finds that this amendment will have a positive impact on the public health, safety and welfare of the citizenry of Henry County.

            NOW THEREFORE, BE IT RESOLVED, that the Board of Commissioners of Henry County, Georgia, does hereby express its support for the amendment of the local act creating the State Court of Henry County and requests that the legislative delegation representing Henry County submit and support local legislation amending the same; and

            BE IT FURTHER RESOLVED that the proposed amendment to such local act is attached here to as Exhibit “A”; and

            BE IT FURTHER RESOLVED that a motion to approve and submit the attached Exhibit “A” represents the official and final version of the proposed legislation properly seconded and unanimously approved on this date by the Board of Commissioners of Henry County to be introduced before the 2009 Georgia General Assembly.

 

 

Authorization to apply for the 2009-2010 Atlanta Regional Commission funds for aging services

            Susan B. Craig, Senior Services Director presented the agenda item to the Board.  The request is for authorization for the Chairman to sign all necessary documents in order to apply for the 2010 ARC (Atlanta Regional Commission) funds.  The allocation is anticipated to be in the amount of $519,754 which will require a local match of $40,487.  The match will be proposed in the budget for the next fiscal year.

            Chairman Mathis asked if there have been reductions in the funding for the Meals on Wheels program.  Mrs. Craig stated there has been a reduction.  First there was a 5% decrease, then an 8% and then to 10% and could possible increase to 12%.

            Commissioner Basler made the motion to approve the resolution; Commissioner Stamey seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, the Senior Services Department is the local Agency on Aging;

            WHEREAS, Henry County Senior Services desires to submit an application to the Atlanta Regional Commission (ARC) for FY 09-10 funding to provide community based services to the older adults of Henry County; and

            WHEREAS, Senior Services seeks approval from the Board of Commissioners to authorize the Chairman to execute necessary documents in conjunction with this application for ARC funds.

            THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners approves said application and authorizes the Chairman to execute necessary documents on behalf of the Board, for the benefit of the senior citizens of Henry County.

Approval of new streetlight districts

            Bert Foster, Development Plan Review Director presented the agenda item to the Board.  There are two requests for streetlights and the requirements have been met in both subdivisions.

            Commissioner Jeffares made the motion to approve the resolution; Commissioner Bowman seconded.  The motion carried 5-0-0 approving the following resolution:

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

 

·         The Colonnade at Hampton, 15 lights, 85 lots, Georgia Power, District 2

·         Kingston, Phase I, 19 lights, 60 lots, Central Georgia EMC, District 1

 

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 has reviewed and recommended approval of the requests; and

 

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

Bid to install a traffic signal at the intersection of SR 155/Heron Bay Blvd./Frog Road

            Terry McMickle, Public Works Division Director presented the agenda item to the Board.  Five (5) vendors submitted bids to install a traffic signal at the intersection of SR 155/Herron Bay Blvd./Frog Road.  Staff recommended the bid be awarded to Comtrac Services, Inc.  The vendor is on the Georgia Department of Transportation’s pre-qualified contractors list.  Heron Bay developers and a commercial group will contribute to the cost to install the signal. 

            Commissioner Holder asked what amount Georgia DOT contributed to this project.  Mr. McMickle stated they were invited to the meeting so that they could participate but they were unable to participate.  There are no funds from Georgia DOT.

            Commissioner Holder made the motion to approve the resolution and award the bid; Commissioner Bowman seconded.  The motion carried 5-0-0 approving the following resolution:

            WHEREAS, sealed bids (SB-09-38-020909-1) were solicited for traffic signalization at the intersection of SR 155/Heron Bay Blvd/Frog Road for the Henry County Department of Transportation; and

            WHEREAS, five (5) vendors submitted bids for this project, as indicated on the attached bid tab; and

            WHEREAS, funds are available in the Capital Projects account to complete this project; and

            WHEREAS, Comtrac Services, Inc. has submitted the lowest and most responsive bid to complete this project; this vendor is currently listed on the GDOT Directory of Prequalified Contractors; departmental personnel recommend award to Comtrac Services, Inc.

            NOW THEREFORE BE IT RESOLVED the Board of Commissioners of Henry County awards bid number SB-09-38-020909-1 to Comtrac Services, Inc. in the total amount of $88,387.00 to furnish and install traffic signalization at the intersection of SR 155/Heron Bay Blvd/Frog Road.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

Authorization to accept a donation from Georgia’s Emergency management Agency for the CERT Program

            Don Ash, Henry County EMA Director presented the agenda item to the Board.  There will be two (2) new components added to the CERT (Citizens Emergency Response Team) program.  The program will support the Fire Corp, a volunteer fire group that works with teenagers as well as the Medical Reserve Corp.  The program was awarded $12,500 to be used in the citizen corp programs.

            Commissioner Stamey made the motion to approve the resolution; Commissioner Jeffares.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, development of the Citizens Emergency Response Team, provides a standard of training in assisting our citizens and protecting lives; and,

            WHEREAS, the CERT program will be offered throughout our community to assist in developing emergency preparedness to our citizens; and,

            WHEREAS, Georgia Emergency Management Agency has provided $12,500.00 in funds to continue in the training of our citizens through the CERT program.

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners authorizes the Chairman of the Board of Commissioners, to execute any documents necessary to purchase needed CERT equipment.

Approval of the Performance Partnership Agreement with Georgia Emergency Management Agency for funding

            Don Ash, Henry County EMA Director presented the agenda item to the Board.  Under the Performance Partnership Agreement, Henry County qualified to receive funds for fiscal year 2008. This year there was a significant increase in the funds received.

            Commissioner Stamey made the motion to approve the resolution; Commissioner Basler seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, the Henry County Emergency Management Agency serves all the communities of Henry County; and

            WHEREAS, the Emergency Management Agency will have direct responsibility for the organization, administration, and operations of the local organization for emergency management; and

            WHEREAS, the Performance Partnership Agreement, with Georgia Emergency Management Agency, provides funding in the amount of $35,802.30 to the Henry County Management Agency.

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners authorizes the Chairman of the Board of Commissioners to execute the Performance Partnership Agreement with Georgia Emergency Management Agency on behalf of the Henry County Board of Commissioners.

Bid to install rough plumbing and trim out at the existing building located at 345 Phillips Drive

            Ronnie Glaze, SPLOST Management presented the agenda item to the Board.  Three (3) bids were received to install rough plumbing and trim out at the building located at 345 Phillips Drive.  Staff recommend award to the low bidder and local contractor, TDS Plumbing, Inc. in the amount of $24,900.00.

            Commissioner Bowman asked if this company had done work for Henry County in the past.  Mr. Glaze stated yes, some work done at Probate Court for restroom additions.

            Commissioner Holder made the motion to award the bid; Commissioner Stamey seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, a county building at 345 Phillips Drive, McDonough, Georgia is in renovation for the Registrars/Election Department; and

            WHEREAS, sealed bids were solicited to install rough plumbing and trim out in the existing building located at 345 Phillips Drive, McDonough, Georgia; and

            WHEREAS, three (3) sealed bids were received and reviewed; and

            WHEREAS, funding for this is available in the project account; and

            WHEREAS, staff recommends the low bidder, TDS Plumbing, Inc. in the amount of $24,900.00; and

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the proposal of TDS Plumbing, Inc. and awards Bid Number SP-09-21-101008-1 to install rough plumbing and trim out in the existing building located at 345 Phillips Drive, McDonough, Georgia in the amount of $24,900.00.  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.

Bid award for construction to widen Collins Way

            Roque Romero, SPLOST Management presented the agenda item to the Board.  Collins Road begins at Peeksville Road ending at the Water Authority’s property.  The length of the road is nine tenths of a mile (approximately 4,752 feet).  The project is a designated SPLOST III project.  Fourteen sealed bids were received and reviewed and staff recommended the low bidder, Butch Thompson Enterprises, Inc. in the amount of $392,344.27.

            Commissioner Holder made the motion to award the bid; Commissioner Bowman seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, Collins Way is a SPLOST III Transportation project; and

WHEREAS, sealed bids were solicited for the construction of the widening of Collins Way; and

            WHEREAS, fourteen (14) sealed bids were received and reviewed; and

WHEREAS, funding for this project is available in the project budget; and

            WHEREAS, SPLOST recommends the low bidder, Butch Thompson Enterprises, Inc. in the amount of $392,344.27; and

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners awards Bid Number SB-09-39-022409-1 to Butch Thompson Enterprises, Inc., for the construction of the widening of Collins Way in the amount of $392,344.27.  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.

 

Public Hearing:  Consideration of an amendment to the Purchasing Ordinance to establish a “Local Vendor Privilege” in Henry County and to formally establish a policy to be known as the “Henry First Initiative”

            Michael Sabine, Assistant County Manager presented the agenda item to the Board.  The request is to modernize the purchasing ordinance by placing a local preference initiative in the policy known as “Henry First”.  In practical form this will allow vendors and suppliers within Henry County to have the opportunity to match, if they are within 5% of a low bid.  There is a two reading requirement for amending the ordinance.  The second reading will be at the March 16th meeting. 

Local Vendor Privilege

(a)    There is established in Henry County, a local vendor privilege.  Bids or proposals awarded to local vendors contribute to the local tax base and will therefore, be given special consideration when bidding against out of jurisdiction (out-of-county) vendors.  Bids or proposals received from local vendors will be given preference if such bid or proposal is responsive and within five (5) percent of the low bid submitted by any our-of-county bidder.  In such instance, the local vendor will be given the opportunity to match the low bid offered by the out-of-county vendor.  If such local vendor agrees to match the lowest bid received from the out-of-county vendor within the time specified by the County, the bid shall be awarded to the local vendor.

(b)   A local vendor shall only be eligible to receive the benefit of this privilege if it meets each of the following requirements prior to any award of a contract or purchase:

                                                              i.      The business or supplier must operate and maintain a regular place of business within the geographical boundaries of Henry County; and

                                                            ii.      The business or supplier must have a current Occupational Tax Certificate; and

                                                          iii.      The business or supplier must have paid all real and personal taxes owed the County; and

                                                          iv.      The business or supplier must certify its compliance with the Georgia Security and Immigration Act.

(c)    This policy shall not apply to any bid or proposal for material, equipment or services in excess of $100,000.00.  In such cases, the bid award shall be subject to the competitive bidding requirements as otherwise provided herein or general law.

Commissioner Holder asked if this policy was constitutionally sound and legally defendable.  Ms. Wiley stated it is legally sound and it also excludes public works contracts. 

Commissioner Bowman stated looking at the conditions, should there be a fifth condition stating the corporate offices shall be in Henry County.  Ms. Wiley stated that would be up to the Board if the condition is added.  The amended language could read “the business or supplier must operate and maintain its corporate office within the geographical boundaries of Henry County…”. 

Commissioner Holder stated many vendors may not be corporations.  It was suggested that the condition could say “the principle place of business”. 

Mr. Sabine stated professional services generally have not been bid out, so professional services in general are local.  This is ultimately a policy decision on exactly how restrictive you would like to be.  The goal is to make sure the dollars that are committed stay in the local community. 

Commissioner Holder stated the address factor means more to him than the corporate office.  Commissioner Stamey stated he had a problem with tying it to the corporate office because there’s very little that is made within the county.

            Commissioner Holder made the motion to approve the resolution in the form as presented; Commissioner Stamey seconded.  The motion carried 5-0-0.

Bid to furnish/install closed cell insulation at the activity building at Nash Farm Park

            Michael Sabine, Assistant County Manager presented the agenda item to the Board.  Proposals were issued on behalf of the Parks & Recreation Department to furnish/install closed cell insulation at the activity building at Nash Farm Park.  Parks & Recreation uses the activity building for a wide range of programming and events.  Four (4) vendors submitted proposals to complete this work and staff recommended the bid be awarded to Green South as the lowest bid. 

            Commissioner Jeffares made the motion to approve the resolution; Commissioner Holder seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, the Board of Commissioners is the custodian of county facilities; AND

WHEREAS, the Parks & Recreation Department requested improvements at the Activity Barn in Nash Farm Park; AND

WHEREAS, budgeted project funds have been previously allocated for this purpose; AND

WHEREAS, sealed proposals were solicited for closed cell insulation at the Activity Barn; AND

WHEREAS, four (4) proposals were received by the date and time of the proposal closing; AND

WHEREAS, Green South Insulation provided the lowest-cost responsive proposal.

NOW THEREFORE BE IT RESOLVED by the Board of Commissioners that the Board hereby awards SP-09-45-022409-1 to Green South Insulation in the total amount of $14,425 (fourteen thousand four hundred twenty-five dollars). The Chairman is hereby authorized to execute all associated documentation to accomplish this purchase.

Approval of the Project Framework Agreement for SR 138 @ Millers Mill Road

            Michael Harris, Planning and Zoning Services Division Director presented the agenda item to Board.  The Board approved a Project Framework Agreement (PFA) with the Georgia Department of Transportation on September 16, 2008 which included three (3) separate projects;  SR 42 @ Harris Drive; SR 81 @ Lake Dow Road; and SR 138 @ Millers Mill Road.  Since that time there has been changes with the funding on the federal earmarked projects.  Staff has been working to obtain a modified Project Framework Agreement specifically for the SR 138 @ Millers Mill Road project.  This has to be in place before the right-of-way acquisition process can begin.  The request is for approval of the Project Framework Agreement for SR 138 @ Millers Mill Road.  There have been no changes from what was previously approved on September 16th. 

            Commissioner Holder asked where this leaves the other projects; SR 42 @ Harris Drive and SR 81 @ Lake Dow Road.  Mr. Harris stated the process is still moving forward with the design on those projects. 

Commissioner Holder stated there have been discussions that SR 81 @ Lake Dow Road does not meet the warrants for signalization.  Mr. Terry McMickle, Public Works Division Director stated unfortunately it has been stated that neither SR 42 @ Harris Drive nor SR 81 @ Lake Dow Road meets the warrant for signalization.  By the county’s analysis both intersections will meet some or at least one of the warrants for signalization.  By Georgia Department of Transportation’s analysis they don’t meet the warrants for signalization.  County DOT staff went out to recount three intersections and after the analysis is completed, there will be a meeting with GDOT.

            Commissioner Bowman made the motion to approve the resolution; Commissioner Stamey seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS the Henry County Board of Commissioners approved and authorized the Chairman to execute the Project Framework Agreement for the aforementioned project on September 16, 2008; and

            WHEREAS, the Georgia Department of  Transportation sent Henry County a revised Project Framework Agreement for this project on December 1, 2008 indicating an increase of $160,160.00 for the local match amount, due to an increase in the estimated construction cost; which Henry County did not sign; and

            WHEREAS, on February 19, 2009 the Georgia Department of Transportation sent Henry County a new Project Framework Agreement reflecting the same conditions initially agreed upon in the September 16, 2008 agreement; and

            WHEREAS, the cost breakdown for this project is as follows:

                        Right of Way:              Federal   $1,740,000.00

                                                            State       $   193,400.00

 

                        Construction:              Federal   $1,601,600.00

                                                            Local      $   400,400.00

            NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners authorizes the Chairman to execute the revised Project Framework Agreement with the Georgia Department of Transportation dated February 29, 2009 for the intersection improvement project located at SR 138 and Miller’s Mill Road.  Any budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

Request approval of a resolution supporting Local Legislation to rename a portion of Georgia Highway 138 to Lake Spivey Parkway

            The Chairman was informed by Michael Edmondson, Commissioner for Clayton County that there are efforts underway to rename a portion of Highway 138 from the Clayton County Line to Jonesboro Street as Lake Spivey Parkway.  The request is for a resolution supporting their efforts and also to ask the Local Delegation to rename a portion from I-675 to the Clayton County line for a continuous road name of Lake Spivey Parkway.

            Commissioner Holder asked if this would change anyone’s address.  Chairman Mathis stated it would not.

            Commissioner Jeffares made the motion to approve the resolution; Commissioner Basler seconded.  The motion carried 5-0-0 approving the following resolution:

            WHEREAS, the Henry County Board of Commissioners supports Clayton County’s efforts to rename that portion of Georgia Highway 138 extending from Interstate 675 to the City limits of Jonesboro, to “Lake Spivey Parkway”; and

            WHEREAS, as further evidence of such support, the Henry County Board of Commissioners desires to rename that portion of Georgia Highway 138 located within the geographical bounds of Henry County, extending from Interstate 675 to the Clayton County Line, to “Lake Spivey Parkway” and to have the Henry County legislative delegation introduce local legislation before the 2009 Georgia General Assembly regarding the same; and

            WHEREAS, the Board of Commissioners deems it in the best interests of Henry County to support the introduction of such local legislation before the 2009 Georgia General Assembly.

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

            Section 1.        The Board of Commissioner herby supports the introduction of legislation by the Henry County Legislative Delegation in the 2009 Session of the General Assembly for the purpose of renaming that portion of Georgia Highway 138 located within Henry County, extending from Interstate 675 to the Clayton County line, to “Lake Spivey Parkway”.

            Section 2.        The Chairman of the Board of Commissioners or her delegate is authorized to send a copy of this Resolution to the Chairperson and members of the Henry County Legislative Delegation as the County’s unanimous support for said legislation.

            Section 3.        This Resolution shall be effective on the date of its approval by the Board of Commissioners.

Approval of the minutes

            Commissioner Holder made the motion to approve the February 2nd regular meeting minutes and the February 9th and 10th called meeting minutes; Commissioner Stamey seconded.  The motion carried 5-0-0.

County Manager Comments

            There were no comments.

County Attorney Comments

            There were no comments.

 

Public Comments

            There were no comments.

Upcoming Meetings

1.      Tuesday, March 3rd at 9:00 a.m. Regular Board meeting Commissioner Stamey made the motion to cancel the March 3rd regularly scheduled meeting; Commissioner Bowman seconded.  The motion carried 5-0-0.

2.      Monday, March 16th at 9:00 a.m. and Tuesday, March 17th at 6:30 p.m. Regular Board meetings

3.      Thursday, April 2nd at 6:00 p.m. Quarterly Meeting with the Board of Education.  The meeting will be held at the Board of Education Administration Building located at 33 North Zack Hinton Parkway, McDonough.

4.      Monday, April 6th at 9:00 a.m. and Tuesday, April 7th at 9:00 a.m. Regular Board Meetings

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 5-0-0.

 (Executive Session was held.)

Commissioner Stamey made the motion to reconvene into Public Session; Commissioner Holder seconded.  The motion carried 5-0-0.

Commissioner Stamey made the motion to approve the affidavit and resolution pertaining to executive session; Commissioner Jeffares seconded.  The motion carried 5-0-0.

Commissioner Basler made the motion to amend the agenda out of public necessity and to approve a consultant agreement for SPLOST Management; Commissioner Stamey seconded.  The motion carried 5-0-0.

Commissioner Bowman made the motion to amend the agenda out of public necessity and to approve an agreement regarding the Patrick Henry Parkway improvement and authorize the Chairman to sign all related documents pertaining thereto; Commissioner Jeffares seconded.  The motion carried 5-0-0.

There was a brief recess to move the meeting to Conference Room B.

Chairman Mathis stated the workshop is to list the projects to be bonded and the amount to bond for the SPLOST III program.

The Board agreed to bond $70 million and the projects to be included in this bond are:

Capital Projects

Hampton Library; Domestic Violence Shelter; Emergency Operations Center; Fire State #9; Public safety Building in Stockbridge; Parking Deck in McDonough; Locust Grove Recreation Center; and the Fairview Recreation Center, also park improvements to various parks.

Transportation Projects

Bill Gardner Parkway (I-75 to SR 155); Parallel Collector; Western Corridor Phase I; Hudson Bridge Road;Hwy 138 Median Landscaping; Eagle’s Landing Parkway; McDonough Parkway; East Lake Road Extension; Rock Quarry Road; Walter Way Extension.

Intersection Improvements

Bethany Road @ SR 81; Kings Mill Road @ SR 42; Keys Ferry Road @ SR 81; Airline Road @ SR 20; Bethany Road @ SR 81;  Hemphill Road @ SR 138; East Atlanta Road @ Panola Road; and East Atlanta Road @ Thurman Road

Dirt Road Paving Projects

Mackey Road; Stallworth Road; Collins Way; Collins Drive, Peeksville Road; South Bethany Road; Oakland Road; Pullin Road; Simpson Mill Road.

There were discussions regarding the Veterans Wall of Honor website being turned over to a private citizen.  The Board decided that it would be better for the County to maintain the website.

There were discussions regarding an invoice from MAAC (the Metro Atlanta Arts Coalition) for continued membership.  The Board decided not to continue the membership.

Commissioner Bowman made the motion to adjourn; Commissioner Stamey seconded.  The motion carried 5-0-0.

                                                            Elizabeth “BJ” Mathis, Chairman

Shay Mathis, County Clerk