STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Regular Public Meeting at 9:00 a.m. on Monday, April 20, 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;  Angie Bailey, Social Services Division Director; Terry McMickle, Public Works Division Director; Jim Luebbering, Building and Development Services Division Director; Michael Harris, Planning and Zoning Services; 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 Stamey made the motion to approve the agenda; Commissioner Jeffares seconded.  The motion carried 5-0-0.

            The Board presented the following proclamation to District Attorney Tommy Floyd and Solicitor General Chuck Spahos and their staff for their efforts regarding victim rights:

WHEREAS,   more than 33 million Americans are victims of crime each year;

WHEREAS,   victims may suffer emotional, physical, psychological, and financial harm as a result of crime;

WHEREAS,    victim assistance & compensation programs across the country provide vital and supportive services for victims that help Individuals, families, & communities cope with the impact of crime;

WHEREAS,    the Victims of Crime Acct, passed by Congress 25 years ago in 1984, affirmed a national commitment to helping victims rebuild their lives by establishing the Crime Victims Fund, a major source of funding for services and Compensation to victims of crime throughout the United States;

WHEREAS,    the Fund comprises fines and penalties levied on offenders  & affirms the principle that those who commit crimes Should be held accountable for their actions;

WHEREAS,    National Crime Victims’ Rights Week – April 26th through May 2nd, 2009 – provides an opportunity for our country To recognize the Victims of Crime Act as a major bedrock of support for victim services and to reaffirm our nation’s Commitment to addressing the needs of victims of crime; and

WHEREAS,    the Henry County Board of Commissioners is joining forces with the Henry Cjounty District Attorney, the Henry County Solicitor General, the Department of Juvenile Justice, and the State Board of Pardons & Paroles, along with concerned citizens throughout Henry County and America to observe the 25th anniversary of the Victims of Crime Act during National Crime Victims’ Rights Week;

NOW THEREFORE BE IT RESOLVED,  the Henry County Board of Commissioners hereby proclaims the week of April 26th through May 2nd, 2009, as HENRY COUNTY CRIME VICTIMS’ RIGHTS WEEK.  And reaffirm the commitment of Henry County to helping victims of crime rebuild their lives through supportive services and victim compensation during National Crime Victims’ Rights Week & throughout the year.

Presentation by the Atlanta Regional Commission (ARC) regarding the Community Choices Program

            Kellie Brownlow, ARC Local Government Services Division Chief made the presentation to the Board.  Community Choice is the ARC agency wide quality growth initiative that began in 2000.  A series of “Quality Growth Toolkits” were developed to help local governments grow in the way that best suited their communities.  An assessment was done in 2005 and the response was that it was great and governments loved the idea but it was hard to do the things that were needed. This is when the Community Choices Implementation Program was piloted.  Henry County was actually one of the pilot projects. 

Henry County applied for a 2009 ARC “Community Choice” technical assistance grant.  ARC chose Henry County in order to conduct a quality growth audit of Henry County’s Unified Land Development Code and Joint Henry County/Cities Comprehensive Plan.  The purpose of the presentation is to open dialogue with the Board of Commissioners in which concerns and needs are expressed in order to begin establishing mutual expectations, a detailed project proposal, scope of work and a schedule.

Amendment to the adopted Community Agenda Element of the Joint Henry County/Cities 2030 Comprehensive Plan

            Ray Gibson, Planning & Zoning Director presented the agenda item to the Board.  The Board approved the Joint Henry County/Cities Comprehensive Plan 2030 Community Agenda.  The request is to approve four (4) changes amending the plan.  The first change is to remove three (3) crossroad activity centers all located within the city limits of McDonough.  They will be removed from the county map.  The second change is also to remove a suburban employment activity center located at exit 218 from the county map.  The third change is to change a public institutional use located on Plantation Road to Rural Residential.  The last change is a large piece of property located south of Snapping Shoals Road just north of Highway 81 to be changed from rural residential to low-density residential.  All the requested changes are for the Future Land Use Map section of the Community Agenda.

            Commissioner Holder asked regarding the change on Plantation Road if currently there was a church at that location.  Staff stated there could possibly be a church and that could be why it’s being changed to rural residential.  Commissioner Holder stated a church is allowed in rural residential.  Mr. Gibson stated that was correct. 

            Mr. Gibson stated when the process first began all the churches in Henry County was identified in blue and once that was removed some were left on.

            Chairman Mathis called for public comments from anyone wishing to speak in opposition to the request; there was no response.

            Chairman Mathis called for public comments from anyone wishing to speak in favor of the request; there was no response.

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

WHEREAS, Henry County, Georgia has prepared a Community Agenda Element of the Joint Henry County/Cities Comprehensive Plan pursuant to the Georgia Planning Act of 1989, as amended; and

 

WHEREAS, the Henry County Board of Commissioners voted to transmit the Community Agenda Element of the Joint 2030 Henry County/Cities Comprehensive Plan to the Atlanta Regional Commission (ARC), on June 19, 2007 and the Georgia Department of Community Affairs determined that the Plan meets the Local Planning compliance requirements; and 

 

            WHERAS, the Henry County Board of Commissioners voted to approve the Community Agenda Element Joint 2030 Henry County/Cities Comprehensive Plan on March 17, 2009 with the condition that the effective date of implementation shall coincide with the adoption date of the Unified Land Development Code (ULDC), by the Henry County Board of Commissioners; and

           

            WHEREAS, there have been additional recommended changes presented to and by Planning Staff to amend the adopted March 17, 2009 Community Agenda Element Joint 2030 Henry County/Cities Comprehensive Plan.

 

BE IT THEREFORE RESOLVED, that the Henry County Board of Commissioners does hereby amend the adopted Community Agenda Element of the Joint 2030 Henry County/Cities Comprehensive Plan, with Master Errata Sheet Changes, dated April 20, 2009, and directs the Planning and Zoning Department to send a copy of this resolution to the Atlanta Regional Commission, as required by the Georgia Planning Act of 1989, as amended.

 

Authorization to apply for the American Recovery and Reinvestment Act of 2009 Grant and to approve a list of capital projects

            David Williamson, Transit Director presented the agenda item to the Board.  On February 17, 2009 President Obama signed into law the American Recovery and Reinvestment Act or AARA.  This legislation provides funds for transportation assistance for urban and non-urbanized areas across the United States.  Because Henry County is a part of the metro area, the Atlanta Regional Commission (ARC) notified Henry County that we were eligible to receive some of the funds.  A project list was developed which includes a total cost of $547,674.00 which is the allocation determined by MARTA.  There are no matching funds.

            Commissioner Holder made the motion to accept the project list and apply for the grant; Commissioner Basler seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS,   President Barack Obama signed into law the American Recovery and Reinvestment Act (ARRA) on February 17, 2009 for transit capital improvements; AND

WHEREAS,   Henry County is a member of the Atlanta regional urbanized area (UZA) and has been notified by the Atlanta Regional Commission that it is eligible to receive $547,674.00 in ARRA funds; AND

WHEREAS,   the Henry County Transit Department has identified a list of capital projects equal to the $547,674.00 ARRA allocation which are included on the Transportation Improvement Plan (TIP); AND

WHEREAS,   the capital expenditures are 100% reimbursable to the county; 

NOW, THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners accepts the list of ARRA projects and agrees to apply for the ARRA grant in the amount of $547,674.00.  The Chairman is herby authorized to execute all documentation required in the grant application process. 

BE IT FURTHER RESOLVED that the Henry County Board of Commissioners authorizes the Chairman to assign the County Manager responsibilities and authorization where applicable to file and execute on behalf of the County all necessary documents needed in the ARRA grant application process.

 Bid award for the widening and paving of South Bethany Road

            Roque Romero, SPLOST Management presented the agenda item to the Board.  The request is to award the bid for construction of the widening and paving of South Bethany Road from Jackson Street to West Price Drive).  This is a designated SPLOST III transportation project.  The length of the road is approximately 2 ½ miles of which approximately 4,000 feet is within the city limits of Locust Grove.  Eleven (11) sealed bids were received and reviewed.  Staff recommended the low bidder Southeastern Site Development in the amount of $1,738,641.72.  Funds for the project are available within the project budget which includes a $500,000 contribution from the City of Locust Grove.

            Chairman Mathis asked what the original estimated cost was in the SPLOST III budget.  Mr. Romero stated originally it was a little over $2.2 million and that was for construction only. 

            Commissioner Holder stated this road is Bowden Street within the City of Locust Grove and South Bethany within the County.  It should read from South Bethany Road/Bowden Street to West Price Drive.

            Commissioner Holder made the motion to award the bid to Southeastern Site Development in the amount of $1,738,641.72; Commissioner Bowman seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, South Bethany Road/Bowden Drive (Jackson Street to West Price Drive) is a SPLOST III Transportation project; and

WHEREAS, sealed bids were solicited for the construction of the widening and paving of South Bethany Road (Jackson Street to West Price Drive); and

            WHEREAS, eleven (11) sealed bids were received and reviewed; and

WHEREAS, funding for this project is available in the project budget which includes a $500,000 contribution from the City of Locust Grove; and

            WHEREAS, SPLOST recommends the low bidder, Southeastern Site Development in the amount of $1,738,641.72; and

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners awards Bid Number SB-09-50-040809-1 to Southeastern Site Development for the construction of the widening and paving of South Bethany Road/Bowden Drive (Jackson Street to West Price Drive) in the amount of $1,738,641.72.  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 to purchase high performance brake parts for emergency vehicles

            Terry McMickle, Public Works Division Director presented the agenda item to the Board.  The high performance brake parts were bid out because the current vendor did not want to renew the current contract.  These parts are used predominately for emergency vehicle.  Six (6) vendors responded to the bid and staff recommended the bid be awarded to Southeastern Automotive Warehouse as the overall lowest bidder. 

            Commissioner Stamey made the motion to award the bid to Southeastern Automotive Warehouse with unit/price contract with no fixed quantities; Commissioner Holder seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, sealed bids (SB-09-49-032509-1) were solicited for the purchase of Performance Friction brake parts for the Fleet Services Department; and,

            WHEREAS, six (6) vendors submitted bids for this purchase, as indicated on the attached bid tab; and,

            WHEREAS, funds are available in the Fleet Services account to purchase this commodity; and,

            WHEREAS, Southeastern Automotive Warehouse has submitted the lowest and most responsive bid for the purchase of Performance Friction brake parts; departmental personnel recommend award to Southeastern Automotive Warehouse.

            NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-09-49-032509-1 to Southeastern Automotive Warehouse for the purchase of  Performance Friction brake parts; award as a renewable unit/price contract with no fixed quantities; prices will remain fixed for the contract period; materials will be ordered as required and approved.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

Bid award for concrete curbing, drainage structures, and concrete paving services

            Terry McMickle, Public Works Division Director presented the agenda item to the Board.  Sealed bids were issued for an annual contract for concrete which includes concrete curbing, catch basins, paved ditches, paved driveway, etc.  In reviewing the responses, staff recommended the bid be awarded to two (2) vendors; Jatech & Associates and Curb Specialists, Inc as unit/price contracts with no fixed quantities and prices will remain firm for the contract period.  The request is for authorization to use the appropriate vendor depending on the nature of the work. 

            Chairman Mathis stated she looked at the prices of the vendor S D & C, Inc. and some of the items they are the lowest bidder and offer the lowest price.  Chairman Mathis asked would it be reasonable to split the bid between three (3) vendors.

            Mr. McMickle stated on removing the concrete, generally speaking when you remove the concrete you will replace it with something.  It’s doubtfully that a vendor will come out to just remove the concrete and another vendor to put the concrete back.  That’s why it wasn’t looked at on that item.  Henry County DOT does the entire demo and hauls the concrete off most of the time.  The brick catch basins are done in-house most of the time; at least for the last couple of years.  If it’s the pleasure of the Board the bid could be awarded to three (3) vendors. 

            Commissioner Stamey stated when you look at Jatech and Curb Specialists when looking at the cost for the catch basins, Jatech is 50% higher than the other vendors.  Mr. McMickle stated that was correct and that’s why staff wanted to award the bid to at least two vendors.  Staff’s thoughts were that Jatech is generally very much cheaper on the actual curb and gutter and Curb Specialists is a lot cheaper on the drainage structures.  Commissioner Stamey stated appears that if the bid was awarded to Curb Specialists and S D & C, overall that would be the cheaper package.  Mr. McMickle stated except for the curb and gutter.  The things mainly used on this contract are curb and gutter, catch basins (throats and tops), paved ditches, and some concrete flat work (driveways, etc.). 

            Commissioner Stamey made the motion to award the bid to Jatech & Associates, Curb Specialists, Inc., and S D & C, Inc.; Commissioner Bowman seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, sealed bids (SB-09-48-030209-1) were solicited for concrete curbing and paving services for the Department of Transportation and other departments; and

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

            WHEREAS, funds are budgeted for these services; projects will be completed as required and approved; and

            WHEREAS, two (2) vendors have submitted the lowest and most responsive bids for concrete curbing and paving services; departmental personnel recommend award to three (3) vendors:  Jatech & Associates, Curb Specialists, Inc., and S D & C, Inc.

            NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-09-48-030209-1 to the following vendors: Jatech & Associates, Curb Specialists, Inc., and S D & C, Inc. for the concrete curbing and paving services; award as unit/price contracts with no fixed quantities; prices shall remain firm for the contract period.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

Authorization of an on-line auction of certain unclaimed personal property and appointment of a special agent to conduct the same

            Major Danny Butler presented the agenda item to the Board.  The request if approved would authorize an on-line auction for certain property.  Certain property being property that the Police Department felt wouldn’t bring very much compensation to the county in a regular auction like the annual county auction.  The property consists of jewelry and certain collectible items.  This would authorize the Police Department after the courts, to sell or discard the property.  If approved this resolution would also designate Mr. Grady Turner the special agent to dispose of the property on E-Bay.  The charge to the county would be 20%.  For this fee Mr. Turner would list the items on E-Bay, take photographs, collect the funds and return the funds to the county. 

            Commissioner Holder asked if it was legal to allow a person to sell this merchandise without going out to bid.  Ms. LaTonya Wiley, County Attorney stated yes this is considered to be somewhat of a commercial service.  Similar transactions are done with the county-wide auction.  Given that this is a unique type of professional service being rendered it did not need to go out to bid. 

            Commissioner Stamey made the motion to authorize an on-line auction of certain unclaimed personal property in the custody of the Police Department and appoint a special agent to conduct the sale; Commissioner Jeffares seconded. The motion carried 5-0-0 approving the following resolution:

            WHEREAS, the Henry County Police Department (“the Department”) is the custodian of certain abandoned and/or unclaimed property that has been the subject of criminal activity as shown on the attached Exhibits “A” and “B”; and

            WHEREAS, Georgia law authorizes such property to be disposed of by law enforcement agencies upon the filing of a petition with the court seeking permission to either retain the property for official use, sell the property by way of public auction or discard the property as salvage or non-serviceable equipment; and

            WHEREAS, the Department has requested the County Attorney to file such a Petition with the Court; and

            WHEREAS, such Petition will ask that the Court to allow the property shown on Exhibit “A” be retained and/or discarded as salvage or non-serviceable equipment and the property shown on Exhibit “B” be sold by way of public auction; and

            WHEREAS, the Department believes that the County will receive a greater return on the sale of property shown on Exhibit “B” if such action was conducted on-line; and

            WHEREAS, the Department recommends that Grady E. Turner be appointed the special agent to conduct the on-line auction of the property shown on Exhibit “B”; and

            WHEREAS, in exchange for such services to be provided, Grady E. Turner will receive twenty (20%) of the sales proceeds for items sold by way of such online auction and the remaining proceeds of each such sale shall be immediately forwarded to Henry County Finance Director, Mike Bush; and

            WHEREAS, such remuneration shall be the sole remuneration for the auctioneer services provided by Grady E. Turner; and

            WHEREAS, Georgia law requires that the proceeds from the public auction of the property described herein be paid into the County Treasury; and

            WHEREAS, the Department desires to utilize such proceeds for law enforcement purposes, namely, to purchase weapons for police officers; and

            WHEREAS, the Department requests that the Board of Commissioners approve a budget transfer allowing all such sale proceeds to be transferred to the Department of the purpose of purchasing weapons for the Department.

            NOW THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners hereby appoints Grady E. Turner of Henry County as its agent to conduct an online auction of the property described on Exhibit “B” should the court enter an Order allowing the sale of such property.  The sole remuneration for such appointment shall be twenty percent (20%) of the sale proceeds;

            BE IT FURTHER RESOLVED that the County Attorney is hereby directed to prepare an Agreement with Grady E. Turner memorializing the terms of this appointment and setting forth the conditions of such appointment, including the conditions under which the property shall be returned to Henry County should the property fail to be sold.  The County Manager shall be authorized to sign such Agreement on behalf of Henry County;

            BE TI FURTHER RESOLVED that the Board of Commissioners does hereby approve all necessary budget amendments needed to transfer the sale proceeds from the General Fund to the Henry County Police Department for the purpose specified herein.

Appointment to the McIntosh Trail Community Service Board

            Commissioner Holder made the motion to reappoint Mrs. Susan Craig to the McIntosh Trail Community Service Board; 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 & Events

1.      Tomorrow, April 21st at 6:30 p.m. Regular Board Meeting

2.      Monday, May 4th at 9:00 a.m. the regular meeting and at 6:30 p.m. a meeting with the Hospital Authority to be held at the Henry County Administration Building

3.      Tuesday, May 5th at 9:00 a.m., regular meeting

4.      Monday, May 18th at 9:00 a.m. and Tuesday, May 19th at 6:30 p.m. Regular Board Meetings

Executive Session

Commissioner Basler 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 Jeffares 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 Jeffares made the motion to approve an agreement between Henry County and Georgia Department of Transportation concerning the acquisition of approximately 2.715 +/- acres of Right-of-Way located in Land Lots 177 and 178 of the 3rd District and to authorize the Chairman to sign all necessary documents pertaining thereto; Commissioner Holder seconded.  The motion carried 5-0-0.

Commissioner Bowman made the motion to approve a resolution to authorize the acquisition of 0.018 acres of permanent easement, more or less, in Land Lot 96 of the 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 approve a resolution to authorize the acquisition of 0.271 acres of land in parcel 8 and 0.26 acres of land in parcel 10, more or less, and 0.097 acres of permanent easement in parcel 8 and 0.05 acres of permanent easement in parcel 10, more or less; and 0.027 acres of driveway easement in parcel 8, more or less, in Land Lots 96 and 97 of the 12th District by negotiated contract or condemnation pursuant to provisions of O.C.G.A. section 32-3-4 through 32-3-19; Commissioner Jeffares seconded.  The motion carried 5-0-0.

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

                                                            Elizabeth “BJ” Mathis, Chairman

 

Shay Mathis, County Clerk