STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Regular Public Meeting at 9:00 a.m. on Monday, March 16, 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; 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 Basler made the motion to approve the agenda; Commissioner Jeffares seconded.  The motion carried 5-0-0.

Financial Services

            Angie Sorrow, Budget Director and Mike Bush Finance Director presented the agenda item to the Board.  The request is to amend the Fiscal Year 2008-2009 budget.  The budget is normally amended twice a year.  Revenues will be reduced in the amount of $4,725,072.00.  To off set the reduction in revenues, expenditures are reduced and fund balance will not be affected.

            Chairman Mathis stated there are some departments that are actually giving money back to the county.  Mr. Bush stated the Life Management Solutions Department has given back the most money.  At the beginning of the budget year the expenditures were budgeted the same as the previous year but one thing that is not budgeted is the anticipation of a grant.  The revenue that is received from a grant is used instead of county funds.  There has been approximately $70,000 received from donations to the department.  They have saved the county approximately $200,000 in this budget year. 

            Chairman Mathis stated there are very few departments that generate revenue and that’s never reflected in their budget but the funds are deposited into the general fund.  How can someone find out what the departments bring in and how much is deposited into the general fund so that you can get an accurate idea of just what their budgets truly are?

            Mr. Bush stated when departments go through the budget process every year they are asked to provide the expected revenues they should receive.  This information can be broken down but hasn’t at this point.

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

WHEREAS, the Henry County Board of Commissioners adopted the Fiscal Year 2009 Budget on May 19, 2008; and

 

            WHEREAS, the Budget needs to be amended periodically to transfer funds interdepartmentally and intradepartmental in accordance with O.C.G.A. 36-81-3. 

 

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the below listed budget amendments:

 

            General Fund:            $    764,011 from various accounts to various accounts.

General Fund:            $ 4,693,036 from various accounts to various accounts.

            General Fund:            $ 4,725,072 decrease FY 2009 Budget.

            Impact Fee:                 $ 2,624,000 decrease FY 2009 Budget.

 

Bid award to purchase fire hoses and accessories

            Brad Johnson, Fire Department presented the agenda item to the Board.  The Fire Department requires various types of fire hoses and accessories.  Bid documents were issued to eighteen (18) vendors and nine (9) responses were received.  Fire Department personnel decided to break the bid into three (3) sections; hoses, fire appliances, and fire equipment.  Staff recommended the bid be awarded to 8 Safety and Equipment for the appliances, to T & B Fire Protection for the hoses, and Vitco for the fire equipment. By splitting the bid, there is a savings of $3,241.

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

WHEREAS, sealed bids (SB-09-32-011609-2) were solicited for the purchase of Task Force Fire Hose Tips for the Fire Department; and,

 

            WHEREAS, nine (9) vendors submitted bids for this purchase, as indicated on the attached Bid Tabulation; and,

                       

            WHEREAS, funds are available in the Fire Department’s account to complete this purchase; and,

 

            WHEREAS, Ten – 8 Safety and Equipment, T &B Fire Protection, and Vitco were the most responsive bidders that met requirements; departmental personnel recommend multiple award.

            NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-09-32-011609-2 the purchase of appliances to Ten – 8 Safety and Equipment in the amount of $2,993.22; award to T &B Fire Protection for the hoses in the amount of $14,657.45; award equipment to Vitco in the amount of $5,332.00, as the most responsive bidders that met requirements for the Fire Hose and Accessories. The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

Bid to purchase task fire hose tips

            Brad Johnson, Fire Department presented the agenda item to the Board.  Bid documents for the purchase of task fire hose tips were issued to eleven (11) vendors and four (4) vendors responded.  Staff recommended the bid be awarded to the lowest bidder FireLine, Inc.

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

            WHEREAS, sealed bids (SB-09-33-012209-2) were solicited for the purchase of Task Force Fire Hose Tips for the Fire Department; and,

 

            WHEREAS, four (4) vendors submitted bids for this purchase, as indicated on the attached Bid Tabulation; and,

                       

            WHEREAS, funds are available in the Fire Department’s account to complete this purchase; and,

 

            WHEREAS, FireLine, Inc. has submitted the lowest and most responsive bid for the purchase of Task Force Fire Hose Tips; departmental personnel recommend award to FireLine, Inc.

 

            NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-09-33-012209-2 to FireLine, Inc. in the total amount of $12,779.00 for the purchase of Task Force Fire Hose Tips. The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

Bid award for rental of portable toilets

            Tim Coley, Director of Parks & Recreation presented the agenda item to the Board.  The Parks and Recreation Department requires portable toilets for various county events and locations.  Bid documents were issued to twenty-three (23) vendors and seven (7) vendors responded.  Staff recommended the bid be awarded to Mass Services, Inc. as the primary vendor and Johnny on the Spot as the secondary vendor.

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

WHEREAS, sealed bids (SB-09-35-020509-3) were solicited for the rental of Portable Toilets for the Parks and Recreation Department; and,

            WHEREAS, seven (7) vendors submitted bids for the rental of Portable Toilets, as indicated on the attached bid tabulation; and,

            WHEREAS, funds are available in the Parks and Recreation account to complete this purchase; and,

            WHEREAS, Mass Services, Inc. and Johnny on the Spot, Inc. have submitted the lowest and most responsive bid for the rental of portable toilets; departmental personnel recommend award to both vendors.

            NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-09-35-020509-3 to Mass Services, Inc. as the Primary vendor and Johnny on the Spot as the secondary vendor for the rental of Portable Toilets; if the Primary vendor is unable to provide requested units, the department can then utilize Secondary vendor.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

Authorization to submit an application for the Operating and Capital Assistance Contract for Fiscal Year 2009-2010

            David Williamson, Transit Director presented the agenda item to the Board.  The 5310 application is an annual process.  The Georgia Department of Human Recourses (DHR) uses this funding stream to pay for part of the transportation that counties have provided for the past several years.  This particular funding provides transportation services for the elderly and disabled citizens in the community.

            Chairman Mathis stated there are no matching funds required.  Mr. Williamson stated that was correct.

            Commissioner Holder asked if there was any indication that the funding will be cut by the State.  Mr. Williamson stated not that he is aware of.

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

WHEREAS, the Georgia Department of Human Resources has agreed to renew its coordinated transportation contract with Henry County (d.b.a., Henry County Transit); for Elderly Persons and Persons with Disabilities for the period of July 1, 2009 thru June 31, 2010;

         WHEREAS, Henry County Board of Commissioners can collect up to $498,588.00 in transportation fees for services provided to the elderly and disabled;

         NOW, THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners approves submission of the application for the Federal Transit Administration’s 5310 grant funding for the 2009/10 fiscal year and authorizes the Chairman to sign the necessary application documents.   

Bid award to purchase Ready Mix Portland Cement Concrete

            Terry McMickle, Public Works Division Director presented the agenda item to the Board.  This item is used on a contract bases so when it’s needed it is available without going through the process of biding for each purchase.  Bid documents were issued to five (5) vendors and two (2) vendors responded.  Staff recommended the bid be awarded to Walker Concrete.

            Chairman Mathis asked if the Cities were invited to participate in the bid process and take advantage of the contract; has this option been extended to them.  Mr. McMickle stated he was not sure.  Rob Magnaghi, County Manager stated there had been discussions with them; the City of McDonough in particular about the feasibility of any of these issues and them cooperating with us. Up until now there has been no contact with them.

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

WHEREAS, sealed bids (SB-09-41-021809-3) were solicited for the purchase of Ready Mix Portland Cement Concrete on a renewable contract basis; and,

 

            WHEREAS, two (2) vendors submitted bids for this commodity, as indicated on the attached bid tabulation; and,

 

            WHEREAS, funds are available in the various departments accounts for this commodity; and,

 

            WHEREAS, Walker Concrete Co., LLC. has submitted the lowest and most responsive bid for the purchase of ready mix Portland cement concrete.

 

            NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-09-41-021809-3 to Walker Concrete Co., LLC for the purchase of Ready Mix Portland Cement Concrete; award as a unit / price contract with no fixed quantities; prices will remain firm for the contract period .  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

Approval of the Georgia Department of Transportation’s Certified Speed Limit List

            Terry McMickle, Public Works Division Director presented the agenda item to the Board.  Henry County Department of Transportation presented a list of roads for submittal to Georgia Department of Transportation (GDOT) in order to allow law enforcement personnel to use detection devices on named roadways.  The roads are submitted and reviewed by GDOT and then it is forwarded to the Georgia Department of Safety to be certified.  An extensive review of the list of roads was done by Henry County Department of Transportation and the Henry County Police Department.

            Commissioner Holder asked for staff to look at South Ola Road (from Laney Road to Old Jackson Road) with a speed limit of 45 mph.  There are several curves on this road and there is no way the speed limit should be 45 mph when another section of South Ola Road (from S.R. 81 to New Hope Road) has a speed limit of 35 mph.  Commissioner Holder asked staff to look into this issue.

            Another road is Stroud Road (from S.R. 81 to Mount Bethel Road) with a speed limit of 35 mph.  The majority of this road is not paved.  Mr. McMickle stated the distance is listed as .89 miles so it might be that the from and to needs to be changed. 

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

WHEREAS, Georgia Department of Transportation has certified a list of various roadways in Henry County with assigned speed limit for each of the roadway on the list;

 

WHEREAS, Henry County Department of Transportation staff has reviewed this list and each district commissioner has the opportunity to examine the same list;

 

WHEREAS, an acceptance by the Henry County Board of Commissioners is necessary so that detection devices can be used by law enforcement personnel on potential violators;

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approve the Georgia Department of Transportation’s Certified Speed Limit list.

Bid award for renovation and expansion of the kitchen for the Henry County Jail

            Ronnie Glaze, SPLOST Management presented the agenda item to the Board.  The kitchen at the jail was built in 1990 and originally designed to accommodate 128 beds at three (3) meals per day.  In 2002 the bed count increased to 319 and with the new addition we currently have 908 beds with an inmate population of 750.  Bid documents were issued and four (4) proposals were received.  Staff recommended the bid be awarded to ECI Contracting Group, Inc. based on project duration time, experience and price.

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

WHEREAS, the Henry County Jail, located at 120 Henry Parkway, McDonough, Georgia needs to have the kitchen expanded and renovated; and

 

WHEREAS, sealed proposals were solicited to expand and renovate the Henry County Jail kitchen; and

 

            WHEREAS, four (4) sealed proposals were received and reviewed; and

 

            WHEREAS, staff recommends ECI Contracting Group, Inc. based on price and project duration in the amount of $330,000.00; and

                                               

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the proposal of ECI Contracting Group, Inc. and awards Bid Number SP-09-31-011409-1 to expand and renovate the Henry County Jail kitchen located at 120 Henry Parkway, McDonough, Georgia in the amount of $330,000.00.  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 Professional Engineering Services for the design of Rock Quarry Road widening and the bridge over the Norfolk Southern Railroad

            Roque Romero, SPLOST Management presented the agenda item to the Board.  The project is a designated SPLOST III transportation project.  Funding for professional engineering services is available in the project budget.  Staff recommended the bid be awarded to McGee Partners, Inc.

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

WHEREAS, Rock Quarry Road Widening and Bridge over Norfolk Southern Railroad (NS RR) is a SPLOST III Transportation project; and

 

WHEREAS, Request for Qualification for Professional Engineering Services were solicited for the design of Rock Quarry Road Widening and Bridge over Norfolk Southern Railroad; and

 

            WHEREAS, three (3) Requests for Qualification for Professional Engineering Services were received and reviewed; and

 

WHEREAS, funding for professional engineering services is included in the project budget; and

 

            WHEREAS, SPLOST recommends the proposal of McGee Partners, Inc. in the amount of $458,830.00 (of which $331,650 is for design of Rock Quarry Road Grade Separation at NS RR and $127,180 is for Rock Quarry Road Concept Development from Eagle’s Landing to SR42); and

                                               

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves entering into an agreement with McGee Partners, Inc. in the amount of $458,830.00 for professional engineering services for the design of Rock Quarry Road Widening and Bridge over NS RR.  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 elevator maintenance for county facilities

            Michael Sabine, Assistant County Manager presented the agenda item to the Board.  The current contract for elevator maintenance will expire March 31, 2009.  Bid documents were issued to even (7) vendors and five (5) responded.  Staff recommended the bid be awarded to Premier Elevator as the overall lowest and most responsive bidder. 

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

WHEREAS, sealed bids (SB-09-36-021909-3) were solicited for Elevator Maintenance on a renewable contract basis; and,

 

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

 

            WHEREAS, funds are currently available for these services; and,

 

            WHEREAS, Premier Elevator Co. Inc. has submitted the overall lowest and most responsive bid for scheduled elevator maintenance and associated repairs.

 

            NOW, THEREFORE, BE IT RESOLVED the Board of Commissioners of Henry County awards Bid Number SB-09-36-021909-3 to Premier Elevator Co. Inc.; award as a unit / price contract with no fixed quantities; prices will remain firm for the contract period pursuant to vendor’s response.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

 

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 first reading for this Ordinance amendment was at the March 2, 2009 meeting.  There have been no changes. 

            Chairman Mathis called for public comments from anyone wishing to speak regarding the agenda item.  Gary Harkins spoke regarding the Ordinance amendment.  Mr. Harkins was in favor of the amendment.

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

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.

Approval of Minutes

            Commissioner Stamey made the motion to approve the February 17th called meeting minutes and the February 17th regular meeting minutes; Commissioner Jeffares seconded.  The motion carried 5-0-0.

County Manager Comments

            Rob Magnaghi, County Manager commented regarding the renovation and expansion of the kitchen at the Henry County Jail.  The original proposal was received from the contractor as a change order in the amount of $600,000.00.  That was not accepted and research was done.  Dealing with other vendors and making changes from the original change order, bids were received as low as $324,000.00.  The contractor who originally gave a bid of $600,000, after the project was bid out, came down to approximately $400,000.00.  The savings is from the hard work of staff. 

County Attorney Comments

            No comments.

Public Comments

            Steve Cash, a resident of the County spoke regarding changes in the code.  One of the requested changes was to modify the impact fee ordinance to say that the collection of such fees shall be paid at the time of the Certificate of Occupancy issuance and other items.   The Board recommended that Mr. Cash contact the County Clerk to be placed on the next agenda.

Upcoming Meetings

1.      Tuesday, March 17th at 6:30 p.m. Regular Board meetings

2.      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.

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

 

Executive Session

Commissioner Bowman 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 Stamey seconded.  The motion carried 5-0-0.

 (Executive Session was held.)

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

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

Commissioner Holder made the motion to amend the agenda out of public necessity and to approve a resolution amending the ACCG Defined Benefit Plan for Henry County Employees Adoption Agreement; Commissioner Jeffares seconded.  The motion carried 5-0-0.

Commissioner Bowman made the motion to amend the agenda out of public necessity and to approve a resolution authorizing the acquisition of 0.086 acres of land, more or less, and 0.091 acres of permanent easement, more or less, and 0.029 acres of driveway easement, more or less, in Land Lot 96 of the 11the and 12th District by negotiated contract or condemnation pursuant to provisions of O.C.G.A. Section 32-3-4 through Section 32-3-19; Commissioner Jeffares seconded.  The motion carried 5-0-0.

Commissioner Bowman made the motion to amend the agenda out of public necessity and to approve a resolution authorizing the acquisition of 0.372 acres of land, more or less, and 0.422 acres of permanent easement, more or less, and 0.180 acres of temporary easement, more or less, and 0.328 acres of driveway easement, more or less, in Land Lots 15 and 16 of the 6th District by negotiated contract or condemnation pursuant to provisions of O.C.G.A. Section 32-3-4 through Section 32-3-19; Commissioner Stamey seconded.  The motion carried 5-0-0.

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

 

                                                                        Elizabeth “BJ” Mathis, Chairman

 

Shay Mathis, County Clerk