STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Regular Public Meeting at 9:00 a.m. on Monday, May 4, 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 ďBJĒ 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; 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 Commissionersí 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 Holder seconded.

The Board presented the following individuals certificates:Master Gardner of the Year, Ms. Glenda Garris; Master Gardner Life Time Achievement Award, Mrs. Claire Crumbley; Master Gardner Mr. Joe Wernert.

The Board presented the following proclamation:

A Proclamation For

Older Americans Month 2009

WHEREAS, Henry County is a community in which about 30 thousand citizens age 55 and over make their home; and

 

WHEREAS, the population of older adults in Henry County is expected to increase 266 percent by the year 2030; and

 

WHEREAS, older Americans are valuable members of our society who enhance our communities and personal lives; and

 

WHEREAS, the increasing number of baby boomers reaching traditional retirement age highlights the need to tap into their skillsets in more flexible ways to reduce the potential ďbrain drainĒ from the talent pool; and

 

WHEREAS, our older citizens of today and tomorrow promise to be among the most active and involved older adult populations in our nationís history; and

 

WHEREAS, it is the responsibility of this and all U.S. communities to work collaboratively to address older adultsí unique health and long-term care challenges; and

 

WHEREAS, it is crucial that communities modernize systems of care to help empower older Americans and give them more control over their own lives; and

 

NOW THEREFORE, BE IT PROCLAIMED by the Henry County Board of Commissioners that May 2009 be designated as Older Americans Month, during which we urge citizens to honor both our older adults and the people who care for them.In accordance with this yearís theme, ďLiving Today for a Better Tomorrow,Ē our efforts can improve the lives of our older citizens and help pave the way for future generations.

Susan Craig, Director of Senior Services updated the Board on the Miles for Meals walk.Itís estimated that $70,000 was raised for the Meals on Wheels program.

Authorization to apply for the Federal Transit Administration

††††††††††† David Williamson, Transit Director presented the agenda item to the Board.The request is for approval of the second grant application for Section 5307 and 5340 funds.The funds are for the urbanized areas of the United States.Henry County is at the heart of Atlantaís urbanized areas and was notified by the Atlanta Regional Commission (ARC) of the allocation.ARC policy requires written notification of acceptance of the funds and written authorization of the project list.Congress authorized full allocation in the amount of $364,216.00.There is a 20% local match.The project list is the purchase and renovation of a building for the Transit Department.

††††††††††† Commissioner Holder asked regarding the purchase and renovation of the transit department, are those funds earmarked just for that purpose.Mr. Williamson stated it can be.The funds can be used for whatever the county decides to use it for, as long as it is a capital project.Mr. Williamson stated there are additional funds from the previous grant that can be allocated for the same purchase if the County chooses.

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

WHEREAS, Henry County is a member of the Atlanta Urbanized area and is eligible to receive Federal Transit Administration Section 5307 and 5340 funds; AND

††††††††††† WHEREAS Henry County has been notified by the Atlanta Regional Commission of its FY 09 Section 5307 and 5340 allocation; AND

WHEREAS, Henry County Board of Commissioners is now eligible for $364,216.00 in Federal transit capital assistance, has approved the Transit Department Project List, and is responsible for the local matching funds of 20%:

NOW, THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners agrees to apply for the FTA FY 09 Section 5307 and 5340 funds and accepts the Transit Department Project List.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 grant application process.

Public Hearing:Amendment to the Development Impact Fee Ordinance

††††††††††† Bert Foster, Development Plan Review Director presented the agenda item to the Board.This is the first public hearing for a resolution detailing revisions to the Development Impact Fee Ordinance.Currently there are five service areas for which impact fees are collected in Henry County; Henry County Water & Sewerage Authority for water and wastewater systems improvements, Henry County Building Department collects impact fees for public safety, parks and recreation and libraries.Currently the Building Department is required to collect impact fees at the time that a building permit is issued.However the Water and Sewerage Authority can collect the fees just prior to the issuance of a Certificate of Occupancy (CO).The request is for a modification to the Impact Fee Ordinance to allow the Building Department to collect impact fees as part of the final building permit inspections.This would be consistent with how impact fees are collected by other agencies throughout the county.Staff recommends approval for the following reasons:

         All projects, whether commercial or residential must call for a final building permit inspection prior to the issuance of a Certificate of Occupancy or a Certificate of Completion.

         The timing of the final building permit inspection occurs roughly at the same time in the building process whether the project is residential or commercial.

Impact fees may be collected at anytime point and time that the building permit is active.This is the first of two public hearings regarding the amendment to the Ordinance.

Commissioner Holder asked when the Impact Fee Ordinance was adopted.Mr. Foster state it was adopted October 7, 2003.Commissioner Holder stated that is how long itís been that he has tried to make this happen.It is only fair that we are consistent with other agencies within the County.Also there is no impact to the County, whether residential or commercial, until the building is occupied.

Chairman Mathis called for public comments from anyone wishing to speak regarding the agenda item.Steve Cash, a resident of the County and a representative for Henry Council for Quality Growth spoke regarding the agenda item.

Chairman Mathis stated no action was required for this item.The second hearing is tentatively scheduled for May 18th.

Mr. Foster commented that if a builder waits until the time of final building permit inspections to pay the impact fees, itís recommended that the funds be paid in cash, certified check, or other certified funds.

Authorization to accept a donation from the Fairview Civic Club

††††††††††† Major Danny Butler, Police Department presented the agenda item to the Board.The request is for authorization for the Police Department to accept the $18,000 donation from the Fairview Civic Club.This is the fourth year in a row that the Fairview Civic Club has made a donation to the Police Department.Normally itís a $10,000 donation.The Police Department requested additionally funds this year in lieu of next yearís donation to purchase some equipment.The funds will be used to purchase stinger electronic control devices.

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

WHEREAS, ††† The Fairview Civic Club looks to improve the quality of life and safety in the community through donating money to support the police department; and

WHEREAS, The Fairview Civic Club has graciously donated $18,000.00 to the police department. The Henry County Police Department has identified a need to purchase Stinger S-200AT electronic control devices; and

WHEREAS, The purchase should provide most all patrol officers with an electronic control device. The electronic control devices will provide the safety and efficient means to protecting life and property. The electronic control device is a humane level of force and is less than lethal. The device would benefit the officers by reducing injuries to him/her and the citizens; and

WHEREAS, Additional funds needed to complete the purchase will come from a previous donation and the Federal and State Seized Forfeiture account;

NOW THEREFORE BE IT RESOLVED, by The Henry County Board of Commissioners authorizes the Chairman to accept a donation of $18,000.00 and execute any documents necessary to purchase necessary equipment for the Henry County Police Department.

Authorization to surplus certain items within the Police Department

††††††††††† Major Danny Butler, Police Department presented the agenda item to the Board.The Police Department identified 30 glock weapons that are 15+ years old that are not equipped with rails in order to install a flashlight.The request is to surplus those weapons in exchange for 18 new weapons with the rails.

††††††††††† Commissioner Bowman made the motion to approve the surplus of the 30 glock weapons in exchange for 18 new weapons; Commissioner Stamey seconded.The motion carried 5-0-0 approving the following resolution:

WHEREAS, Thirty (30) Glock 40 caliber handguns, model number 22 and 23, are not equipped with rails and modern night sites; and

WHEREAS, The department would like to upgrade these weapons and eventually all weapons; and

WHEREAS, Edís Pawn Shop has agreed to accept the surplus handguns and issue the department eighteen (18) new Glock 40 caliber handguns of the same make and model and complete the necessary paperwork for ATF; and

WHEREAS, This would deplete the current inventory of guns all officers are equipped and our inventory at this time is ample to support personnel.

NOW, THEREFORE BE IT RESOLVED, by the Henry County Board of Commissioners hereby authorizes the surplus of thirty (30) Glock 40 caliber handguns, model number 22 and 23, respectively and authorizes Edís Pawn Shop, in exchange,to replace the handguns with eighteen (18) new Glock 40 caliber handguns of the same make and model

Authorization to use Federal and State seized asset forfeiture funds to purchase electronic control devices

††††††††††† Major Danny Butler, Police Department presented the agenda item to the Board.The Board previously approved the purchase of ten taser weapons for the Police Department with a donation received from Willett Honda.There are two companies that make the electronic devices.The Stinger Company contacted the Police Department regarding a similar taser that is currently being used.If purchased Henry County would be the first metropolitan police department around Atlanta to purchase this weapon.If the Police Department purchases the weapons they will receive three (3) electronic control devices for every taser purchased.With the $10,000 received from Willett Honda and the approval of the $18,000 from the Fairview Civic Club would leave a balance in the amount $9,860 which would come from the Federal and State Seized Asset Forfeiture account.The cost to purchase ninety (90) stinger weapons for the department is $37,860.With the forty (40) taser that the department currently has, and the additional ninety (90), would almost allow every officer working the road to have an electronic device.This would save the department $52,000.

††††††††††† Chairman Mathis asked if the device has had reliable service.Mr. Butler stated they had discussions with several agencies in Tennessee, Alabama and the Tampa, Florida area.Many agencies have converted to this weapon mainly because of cost.Three officers were sent to Tampa (all expenses paid by Stinger) and they became trainers.The weapon is easier to use, the battery life is longer, it doesnít have to be spark tested as much, and itís easier to download.

††††††††††† Commissioner Bowman asked about the warranty.Major Butler state the warranty from Taser is one year and the extended warranty is $199.The warranty for this weapon is one year with a full replacement at $150.

††††††††††† Commissioner Stamey asked the County Attorney would this require a bid since it would be taking the place of a previously bided item.LaTonya Wiley, County Attorney stated the Ordinance allows extinct items to become surplus and be traded for something else.Ms. Wiley asked if there are items that would become surplus.Major Butler stated no.The forty (40) units will be maintained until they expire.Ms. Wiley asked if this item was a sole source provider.Major Butler stated yes.Taser was contacted and they will not reduce their price.

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

WHEREAS, Henry County Police Department is continuing to provide itsí patrol officers with equipment to protect themselves and the citizens of Henry County; and

WHEREAS, The purchase of electronic control devices would equip most patrol officers in the department with a safer means to control a violent suspect; and

WHEREAS, The department will apply donated funds from private entities which amount to $28,000 to the purchase; and

WHEREAS, The remaining balance of $9,860 will be an expenditure from the Federal and State Seized Asset Forfeiture account; and

NOW THEREFORE BE IT RESOLVED, by the HENRY COUNTY BOARD OF COMMISSIONERS that the Board hereby approved the expenditure of $9,860 from the Federal and State Seized Asset Forfeiture account.

Public Hearing for the Proposed 2009-2010 budget

††††††††††† Mike Bush, Finance Director and Angie Sorrow, Budget Director presented the agenda item to the Board.

††††††††††† Chairman Mathis commented that for the past couple of weeks the Board members received a number of phone calls from citizens inquiring about their property tax value.The Board of Commissioners is separate from the Tax Assessorís office.The Board of Commissioners does not value property nor do they collect the taxes.State Law does not allow elected officials to value property.

††††††††††† Mr. Bush made a presentation to the Board regarding the 2009-2010 budget.The presentation is available on the county website and upon request.

††††††††††† Commissioner Holder asked when banks foreclose or seize property and the FDIC comes in and takes the funds and assets, the assets then belong to the FDIC or to Federal government. Will the Federal Government pay taxes on the foreclosed or seized properties to Henry County while the property is in their possession.Mr. Bush stated normally when a bank seizes a home the banks tend to pay the taxes on that home.When the bank is taken over, will that happen by the federal government, that is not known.Mr. Bush stated he would speak with the Tax Commissioner and try to get an answer.LaTonya Wiley, County Attorney stated the FDIC will pay taxes, there may be questions as to what extent they will pay penalties and interest according to the regulations.

††††††††††† Commissioner Holder asked with the $7.5 million dollars coming from fund balance, will this keep us in compliance with the bond rating.Mr. Bush stated yes.Commissioner Holder asked would we still have some cushion.Mr. Bush stated yes.

††††††††††† Commissioner Holder asked if this budget was prepared without a millage increase.Mr. Bush stated that was correct.

††††††††††† Commissioner Bowman commented the Henry County portion of the property taxes has not increased for several years even though the assessments have increased.

††††††††††† Chairman Mathis discussed the Homeowners Tax Relief Grant.Many people do not realize on their tax bill an entry for HTRG for the County and HTRG for the school.This is a tax break given by the State of Georgia to the citizens in the amount of approximately $200 to $300.In trying to balance the state budget the Homeowners Tax Relief Grant was removed by the State of Georgia so technically their will be an increase in their tax bill because this was removed by the State Legislature (not the local government).Henry County will absorb that cost for the countyís portion, this is not for the school portion.

††††††††††† Chairman Mathis called for public comments from anyone wishing to speak regarding the agenda item; there was no response.

Appointment to the Henry County Board of Family and Children Services

††††††††††† A letter was received form Michelle Hammond, DFACS Director informing the Board that the term of Joyce Rodgers will expire on June 30, 2009 and would the Board consider reappointing Ms. Rodgers to the Henry County Board of Family and Children Services.

††††††††††† Commissioner Holder made the motion to reappoint Joyce Rodgers to the Henry County Board of Family and Children Services; Commissioner Stamey seconded.The motion carried 5-0-0.

Approval of the minutes

††††††††††† Commissioner Jeffares made the motion to approve the April 20th minutes; Commissioner Holder 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.      Today at 6:30 p.m. a meeting with the Hospital Authority to be held at the Henry County Administration Building

2.      Tuesday, May 5th at 9:00 a.m., regular meeting.Commissioner Stamey made the motion to cancel the May 5th meeting; Commissioner Basler seconded.The motion carried 5-0-0

3.      Monday, May 18th at 9:00 a.m. and Tuesday, May 19th at 6:30 p.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 Bowman seconded.The motion carried 5-0-0.

(Executive Session was held.)

Commissioner Stamey made the motion to reconvene into Public Session; Commissioner Bowman 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 Stamey made the motion to amend the agenda out of public necessity and to approve a temporary conveyance of right-of-way along East Lake Parkway to the Georgia Department of Transportation and further authorizing reacquiring the same property in Land Lots 5, 6 27, and 28 of the 7th District of Henry County; 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 approving the purchase of certain real estate located in Land Lot 185 of the 2nd District; Commissioner Stamey seconded.The motion carried 5-0-0.

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

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Elizabeth ďBJĒ Mathis, Chairman

 

Shay Mathis, County Clerk