STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Called Public Meeting at 9:00 a.m. on Tuesday, April 8, 2008, 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:

 

                   Jason Harper, Chairman

Warren E. Holder, District I Commissioner

          Elizabeth (“B.J.”) Mathis, District II Commissioner

          Randy Stamey, Vice-Chairman, District III Commissioner

          Reid A. Bowman, District IV Commissioner

Johnny B. Basler, District V Commissioner

Also attending were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Rob Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager; Terry McMickle, Public Works Division Director; 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 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 Harper called for acceptance of the agenda.  Commissioner Mathis made the motion to approve the agenda; Commissioner Holder seconded.  The motion carried unanimously.

Chairman Harper announced the following items would not be heard:

·        Request approval of a proposed plan for the County to enter into with the Association of County Commissioners of Georgia or another intermediary of a lease or purchase contract providing for the purchase and financing for the acquisition of 126.63 acres +/- located on Kelleytown Road in Land Lot 75 and 54 of the 11th District.

·        Request approval of a proposed plan for the County to enter into with the Association of County Commissioners of Georgia or another intermediary of a lease or purchase contract providing for the purchase and financing for the acquisition of 166.668 acres +/- on Stroud Road in Land Lot 234 of the 8th District.

Recognition of Solicitor General

          Charles “Chuck” Spahos, Solicitor General, stated his address to the Board was on behalf of the Connecting Henry Board.  In the State Budget, there is approximately $600,000 earmarked for Connecting Henry and the Henry Horizons Program.  The program deals with the 1,700 students a year that are lost between the 9th and 12th grade population.  These are the students that are ultimately seen in the court systems.  The request is for the Board to approve a resolution urging the Governor not to remove the funding from the budget. 

          Commissioner Holder made the motion to approve a resolution thanking the Legislature for passing the budget and stating how important it is to our community that this line item remains within the budget; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS,         Last year more than 1700 students dropped out of school in Henry County, some 600 of which were expelled, and an additional 4,000 missed more than 15 days of school; and

 

WHEREAS,         Many of these young people are involved in gangs or other at-risk behaviors, have special needs or other learning obstacles; and

 

WHEREAS,         The Henry County Board of Education is responsible for the education of more than 40,000 students and is unable financially to develop specific programs to meet the unique needs of these at-risk youth; and

 

WHEREAS,         The Henry County Board of Commissioners understands that it is always less expensive and more rewarding to educate these young people rather than incarcerate them later; and

 

WHEREAS,         The Henry County Board of Commissioners is committed to providing needed services and educational opportunities to at-risk youth to ensure that they can achieve their GED and develop the life and social skills that they need to be self-sufficient and to become part of Henry County’s trained, qualified workforce; and

 

WHEREAS,         Connecting Henry’s Henry Horizons program serves to accomplish these goals through classes especially designed for these students to finish their education and learn basic life management, personal finance and interview/employment skills; and

 

WHEREAS,         Henry Horizons also combines these classes with mandatory community service so that these youth might understand the causes of poverty and strive to break that cycle and seek more for their own lives;

 

NOW THEREFORE BE IT RESOLVED by the Henry County Board of Commissioners that the Board hereby supports the Henry Horizons program and wishes to thank the Georgia State Legislature and Governor Sonny Perdue for demonstrating support for this new program through the appropriation of $600,000 in the new state budget for Connecting Henry’s Henry Horizons to grow and enhance this desperately needed program for our community.

 

BE IT FURTHER RESOLVED that the Henry County Board of Commissioners requests the continued support of the Georgia State Legislature and Governor Sonny Perdue for this program and allow it the opportunity to benefit the youth of our community for years to come.

 

Request by Mary E. Fitzpatrick, Richard D. Colantuoni and Michael P. Fischer to address the Board

          Mary E. Fitzpatrick and Richard D. Colantuoni made a presentation to the Board.  The request was to donate a permanent flag pole and a confederate flag to be erected on the square in the City of McDonough at the monument. 

          Commissioner Holder made the motion to take the donation under consideration for legal review.  There was no second to the motion therefore the motion died for lack of a second.

          Chairman Harper called for an alternate motion.  There was not an alternate motion therefore the acceptance of the donation was declined.

Resolution authorizing the issuance of a $7,235,000 Principal Amount General Obligation Note, Series 2008A

          Patrick Jaugstetter, County Attorney, presented the agenda item to the Board.  This agenda item is related to the two items that were removed from the agenda.  The public hearings were originally scheduled for approval of lease financing for property acquisition.  I was later discovered that the property acquisition could be financed through the SPLOST proceeds directly.  The SPLOST Ballot that was approved authorized the issuance of debt to be serviced by SPLOST proceeds and the request is for approval of financing for the Stroud Road and Kellytown Road property acquisitions through a SPLOST Bond.  The total purchase price for each property and the closing costs will be financed through a general obligation note. The bond is a six year bond with an adjustable interest rate of 3.01%.

          Commissioner Holder made the motion approve the resolution; Commissioner Bowman seconded.  The motion carried unanimously.  (A resolution is on file in the County Clerk’s Office)

Authorization to transfer proceeds for the Drug Education and Prevention Programs

          Kelly Belcastro, Financial Compliance Analyst, presented the agenda item to the Board.  The request is to transfer funds from the Special Court Revenue account to the General fund to fund the restructuring in the Juvenile Probation Department to include drug assessments and to partially subsidize the Life Management Solutions Program. 

          There were discussions regarding the programs and the budget for the department.

Commissioner Holder made the motion to approve the transfer of funds; Commissioner Mathis seconded.  The motion resulted in a tie vote 3-3-0, with Commissioners Mathis, Stamey and Holder voting in favor and Commissioners Basler, Bowman and Chairman Harper in opposition.  Therefore the motion failed.  Chairman Harper recommended that staff try to answer the Boards questions and submit the agenda item at the next available meeting.

Authorization to accept the 2008-2009 Health and Wellness package for Henry County Employees

          Becky Zebe, Human Resources Director, presented the agenda item to the Board.  The request is for approval of the recommendations for the 2008-2009 Health and Wellness Options for the county employees and to authorize the Human Resources Director to execute the contracts.  The following is a summary of changes:

Ø     There will be two (2) options for medical insurance under Kaiser Permanente

Ø     Dental – Metlife- No changes in premiums or plan

Ø     Aflac Accident and Cancer – No change in premiums or plan

Ø     Life (county paid and optional) – MetLife – 25% reduction in county paid plan.  No change in optional plan premiums.  No change to plan

Ø     Long Term Disability (county paid) – MetLife – 10% reduction in premiums.  No change to plan

Ø     Short Term Disability (employee paid) – MetLife – 20% reduction in premiums.  No change to plan

Ø     Employee Assistance Program (county paid) – MetLife – included in long term disability plan.  No cost to county

Ø     Vision – No change in premiums or plan

Ø     Conseco Cancer – No change in premiums or plan

Ø     Great American Cancer – No change in premiums or plan

Ø     Cobra Fee (county paid) – Expected increase to be determined.

Commissioner Stamey made the motion to approve the recommendations for the 2008-2009 Health and Wellness Options for the county employees and to authorize the Human Resources Director to execute the contracts; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Henry County finds it necessary to renew its Health and Wellness Package for County employees and their families; and,

 

WHEREAS, County Management, under the direction of the Board of Commissioners, has determined that the best plan for the County’s Health and Wellness Package consists of two medical insurance options from Kaiser Permanente and changes to other health plans offered including change of carrier and reductions in premiums for long term disability, life/AD & D , and short term disability policies, and no changes in other plan premiums,

 

NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners authorizes the Henry County Human Resources Director to acknowledge and accept the Health and Wellness Package for the County.

Resolution requesting review by the Georgia Attorney General

          There was a Georgia Law passed in 1987 applicable only to Henry County that imposed certain restrictions on members of the Board of Commissioners and individuals seeking election to the Board of Commissioners. 

          The Legislature never submitted the bill to the Justice Department for pre-clearance.  The issue has come to the attention of the Board through inquires made to the Department of Elections and Registration regarding the validity of the act.  The question is “is the act valid after 21 years” if so, “should it still be submitted to the Justice Department”.  The request is to authorize the county attorney to submit the Act to the Attorney General of Georgia for review and an opinion, based on whether an Act of the Legislature issued 21 years ago and never submitted to the Department of Justice is enforceable in its current state; if it is enforceable, is it required to be submitted to the US Justice Department and if so to please submit it.

          Patrick Jaugstetter, County Attorney, suggested the resolution be amended to add either the County Attorney or a member of the Legislative Delegation submit the Act to the Attorney General.

          Chairman Harper amended the resolution to include the requested amendment.

          Commissioner Holder made the motion to approve the resolution with the amendment; Commissioner Bowman seconded.  The motion carried 4-0-0.  Commissioner Mathis recused herself from voting on the agenda item.  The following resolution was approved:

          WHEREAS, a local act (Ga. L. 1987, p. 4464) was passed by the Georgia General Assembly in 1987 imposing certain requirements of those seeking election to, and sitting members of, the Henry County Board of Commissioners; and

          WHEREAS, the act was purportedly never submitted to the United States Department of Justice twenty-one years ago following its passage; and

          WHEREAS, Henry County is now represented by an entirely different legislative delegation; and

          WHEREAS, several inquiries have been made to the Henry County Board of Elections and Registration as to the applicability and validity of this act; and

          WHEREAS, no court of law has ruled on the validity of the act;

          NOW THEREFORE BE IT RESOLVED by the Henry County Board of Commissioners that the county attorney be directed to submit a request through a member of the Henry County legislative delegation to the Georgia Attorney General to review and to issue and opinion as to whether this act passed by the legislature twenty-one years ago is valid or enforceable and whether said act is in need of submission to the United States Department of Justice.

Authorization to file an application with the Federal Transit Administration authorizing the designation of signature authority

          Cheri Hobson-Matthews, Transportation Planning Director and David Williamson, Transit Director, presented the agenda item to the Board.  In December, 2006 the Board of Commissioners was notified by the Atlanta Regional Commission (ARC) that the Federal Transit Administration (FTA) had allocated funds to the nation’s urbanized areas (UZA) and that Henry County was eligible for funding.  For the mast 12 months, the Transit Director has been working with the Georgia Department of Transportation as a sub recipient in order to draw down the funding.  It was recently brought to our attention by the Federal Transit Administration that the County already has an existing account within the FTA program, known as TEAM. 

 

At this time, in order for the Transit and Transportation Planning Directors to have access to the account and have the ability to create a new username and password, the BOC must grant approval for the County Manager to remove the two currently authorized users, who are no longer employed with the county.  Once this resolution is approved, the County Manager will have the authority to designate individuals to have access to the TEAM account, which includes maintaining the grant information and requesting of reimbursements.   

          Commissioner Basler made the motion to approve the request; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

Resolution authorizing the filing of applications with the Federal Transit Administration, an operating administration of the United States Department of Transportation, for Federal transportation assistance authorized by 49 U.S.C. chapter 53, title 23 United States Code and other Federal statutes administered by the Federal Transit Administration.

 

WHEREAS, the Federal Transportation Administrator has been delegated the authority to award Federal financial assistance for a transportation project;

 

WHEREAS, the grant or cooperative agreement for Federal Financial assistance will impose certain obligations upon the Applicant, and may require the Applicant to provide the local share of the project cost;

 

WHEREAS, the Applicant has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; and

 

WHEREAS, Henry County Government has received authority from the Designated Recipient (Metropolitan Atlanta Rapid Transit Authority-MARTA) to apply for Urbanized Area Formula assistance.  

 

NOW THEREFORE, BE IT RESOLVED BY THE HENRY COUNTY BOARD OF COMMISSIONER, HERNY COUNTY, GA

 

                             1.      The County Manager or his/her designee is authorized to execute and file application for Federal assistance on behalf of Henry County, GA with the Federal Transit Administration for Federal Assistance authorized by 49.U.S.C. chapter 53, Title 23, United States Code, or other Federal statues authorizing a project administered by the Federal Transit Administration.

 

                             2.      The County Manager or his/her designee is authorized to execute and file with its application the annual certification and assurances and other document the Federal Transportation Administration requires before awarding a Federal assistance grant or cooperative agreement.

 

                             3.      The County Manager or his/her designee is authorized to execute grant and cooperative agreements with the Federal Transit Administration on behalf of Henry County.

 

CERTIFICATION

The undersigned duly qualified Chairman, acting on behalf of Henry County, GA certifies that the foregoing is a true and correct copy of a resolution adopted at a legally convened meeting of Henry County held on: April 8, 2008

Resolution regarding Nash Farm

          The County acquired the largest park within the county that consist of over 200 acres and the intent was to provide for passive recreational activities while also providing protection for the land of historical significance. 

          The use of the park needs to be maximized with a good master plan.  Activities can be included within the park without altering the historical significance of the land.  The master plan would explore things such as paved walking trails; paved parking lot; playgrounds consistent in size with other regional county parks; conversion of existing activity barn into an activity building; bike trails; equestrian trails and covered picnic pavilions.  This list is not an exclusive list.  Once a master plan is in place a budget can be created and the park can be opened up to as many as citizens as possible outside of the battlefield connotation.  The request is that when the master plan is completed the park shall be referred to as Nash Farm with the battlefield site to be preserved as Nash Farm Battlefield.

          Commissioner Mathis requested adding a Native/Heirloom Plant Garden to the list of things to consider within the park.

          Commissioner Mathis made the motion to approve the resolution and to authorize an amendment to the current contract or to issue an RFP for proposal for a master plan and associated cost; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

          WHEREAS, Henry County acquired property on Jonesboro Road consisting over 200 acres; and

          WHEREAS, this property was acquired as Henry County Park Land in an attempt to provide protection for land with historical significance and to provide recreational amenities to the community; and

          WHEREAS, the Board of Commissioners wishes to maximize the use of this park, which is Henry County’s larges park; and

          WHEREAS, the Board of Commissioners believes it necessary to determine and adopt the uses of this park;

          NOW THEREFORE BE IT RESOLVED by the Henry County Board of Commissioners that the Henry County Board of Commissioners authorizes the issuance of an RFP for amendment and adoption of a master plan for this park to consider the inclusion of these potential elements:

                             1.      Paved walking trails;

                             2.      Paved parking lot;

                             3.      Playgrounds consistent in size with other regional county parks;

                             4.      Conversion of existing activity barn into an activity building;

                             5.      Bike trails;

                             6.      Equestrian trails

                             7.      Covered picnic pavilions

                             8.      Native/Heirloom Plant Garden

NOW THEREFORE BE IT FURTHER RESOLVED that the master plan shall refer to the park as Nash Farm with an area set aside for preservation as Nash Farm Battlefield and the remainder designated for passive recreation.

County Manager Comments

          There were no comments.

County Attorney Comments

          There were no comments.

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 Patrick Jaugstetter, the County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters; Commissioner Mathis seconded.  The motion carried unanimously.

(Executive Session was held.)

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

Commissioner Bowman made the motion to amend the agenda out of public necessity and to approve a resolution to authorize the acquisition of 0.087 acres of temporary construction easement, more or less, in Land Lot 96 of the 12th District by negotiated contract or condemnation for construction and improvement of Davis Road; Commissioner Basler seconded.  The motion carried unanimously.

Commissioner Holder made the motion to amend the agenda out of public necessity and to approve a resolution to authorize the acquisition of 0.013 acres of Land more or less, and 0.098 acres of temporary construction easement, more or less, and 0.006 acres of driveway easement, more or less, in Land Lot 186 of the 2nd District by negotiated contract or condemnation for construction and improvement of Davis Road; Commissioner Bowman seconded.  The motion carried unanimously.

Commissioner Bowman made the motion to amend the agenda out of public necessity and to approve a budget transfer from the Board of Commissioners Contingency Account to the Communications Department in the amount of $40,000; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, HB227, recently passed for the state of Georgia, will require Henry TV 14 to maintain a minimum of 15 original programming hours in order to maintain its government access channel with Charter and with any future cable franchise;

 

WHEREAS,  the construction of a studio will better enable Henry TV 14 to meet the minimum original programming hours under HB227; and

 

WHEREAS, the studio will also further enhance the channel’s ability to make government more accessible to citizens by providing a place to produce a news program and talk show, as well as other programs that will educate and inform citizens about government programs, services and events.

 

NOW THEREFORE BE IT RESOLVED by the Henry County Board of Commissioners that the Board hereby approves a budgetary transfer of $40,000 from the Commissioners’ Contingency Account to the Communications Department for the purpose of purchasing equipment for construction of a studio for Henry TV 14 and further authorizes the Communications Department to proceed with this project as soon as space becomes available.

 

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

Commissioner Stamey made the motion to adjourn; Commissioner Mathis seconded.  The motion carried unanimously.

                                                                                      Jason T. Harper, Chairman

 

Shay Mathis, County Clerk