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 18, 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

            Randy Stamey, District III Commissioner

Johnny B. Basler, District V Commissioner

Not present:

Rick Jeffares, District II 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 Stamey made the motion to approve the agenda; Commissioner Holder seconded.  The motion carried 4-0-0.

Public Hearing for adopting the 2009-2010 Budget

            Mike Bush, Finance Director presented the agenda item to the Board.  Mr. Bush presented a powerpoint presentation regarding the proposed budget.

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

            Commissioner Holder made the motion to approve the 2009-2010 budget; Commissioner Bowman seconded.  The motion carried 4-0-0.

Authorization to submit the Community Development Block Grant

            Michael Sabine, Assistant County Manager presented the agenda item to the Board.  Henry County has the opportunity to apply for a Community Development Block Grant (CDBG) through a special one time funding cycle that has been made possible through the American Recovery and Reinvestment Act (ARRA).  Theses types of grants are used for public facilities, not general government facilities.  For this special round, projects must be shovel ready, and they need to meet the CDBG program requirements.  Henry County had one project that met all the criteria and that’s the Domestic Violence Shelter.  Therefore the request is to authorize application of the Community Development Block Grant in the amount of $500,000 to fund the construction of the domestic violence shelter and also for memorial purposes to earmark the piece of property that the Board has designated. 

            Commissioner Bowman commented that the $500,000 would go towards the cost of the construction of the facility.  Mr. Sabine stated yes and the remaining funds would come from SPLOST III. 

            Commissioner Stamey made the motion to submit the application and to specify the parcel where the shelter will be located; Commissioner Bowman seconded.  The motion carried 4-0-0 approving the following resolution:

WHEREAS,   the Board of Commissioners as the governing authority of Henry County is eligible to apply for a Community Development Block Grant (CDBG) through resources provided by the American Recovery and Reinvestment Act; AND

WHEREAS,   this special round of CDBG Recovery Act applications has a focus not only on community development activities, but also focuses on temporary and permanent job creation; AND

WHEREAS,   projects submitted for the CDBG Recovery Act application cycle must be ready to let for bid or proposal within 120 days of grant award, AND

WHEREAS,   projects submitted in this application cycle must also meet the standard qualifying criteria for a CDBG application; AND

WHEREAS,   the County Manager and county staff have reviewed the criteria for the CDBG Recovery Act application cycle and had identified one eligible project meeting application criteria; AND

WHEREAS,   the Board of Commissioners desires to formally authorize submission of this Community Development Block Grant (CDBG) application in accord with the policies and procedures of the Georgia Department of Community Affairs.

NOW THEREFORE BE IT RESOLVED BY the Board of Commissioners of Henry County that the Board hereby authorizes the submission of a Community Development Block Grant application in the amount of $500,000 for a domestic violence shelter to be located in Land Lot 163 of the 7th Land District, more specifically a portion of Parcel 093-01006000 owned by Henry County. For purposes of filing the above referenced CDBG application, the Board hereby designates this site for development of a domestic violence shelter.

BE IT FURTHER RESOLVED that the Board hereby authorizes the Chairman to execute the Certified Assurances Form (DCA Applicant Form 10) and other application materials, as may be required.

            Mr. Sabine stated that staff would be conducting a public comment meeting that is required under the application procedures.

 

Local Policies and Procedures for the Neighborhood Stabilization Program

            Michael Sabine, Assistant County Manager presented the agenda item to the Board.  One of the requirements of the Neighborhood Stabilization Program is for local communities to establish local policies and procedures prior to engaging in any actual program activities. (A copy of the policies and procedures manual is on file in the County Clerk’s office)

            Chairman Mathis asked who would be hosting the financial counseling classes.  Mr. Sabine stated that’s the role of an asset manager and they need to be a HUD certified financial counselors.  When the Board approves its selection of asset managers to do the day to day project work, they will as a function of that, pull from a DCA (Department of Community Affairs) certified list of HUD certified counselors.

            Commissioner Bowman stated there has been advertisement for a Program Administrator.  Mr. Sabine stated there are two RFP’s out.  One is for technical assistance which is basically the compliance with the DCA and HUD regulations.  For the day to day management is the Asset Manager.  The Asset Manager is the entity, if approved by the Board that helps identify, acquire and rehab the property.  They would do the income verification and prioritization in conjunction with the guidelines and directions of the Board and Administration set forth.  The Asset Manager would coordinate the applications, and do the technical verification for income compliance.  

            Commissioner Bowman stated that oversight is extremely important and we need to be sure that it’s covered on a county level and it’s looked at very closely on a daily basis.  Mr. Sabine stated one of the things he and the Technical Assistant contract will do is on site verification as well.

            Commissioner Bowman made the motion to approve the policies and procedures manual for the Henry County Neighborhood Stabilization Program; Commissioner Baseler seconded.  The motion carried 4-0-0 approving the following resolution:

WHEREAS,   the Board of Commissioners accepted a grant award from the Georgia Department of Community Affairs for the Neighborhood Stabilization Program (NSP); AND

WHEREAS,   the requirements of Georgia DCA stipulate adoption of a Local Policies and Procedures Manual to meet NSP compliance provisions; AND

WHEREAS,   county staff has drafted a policies and procedures manual for Henry County NSP in accordance with requirements of the Georgia Department of Community Affairs and the U.S. Department of Housing and Urban Development.

NOW THEREFORE BE IT RESOLVED by the Board of Commissioners that the Board hereby approves the attached Policies and Procedures Manual for the Henry County Neighborhood Stabilization Program, in accordance with requirements set forth by the Georgia Department of Community Affairs.

BE IT FURTHER RESOLVED that the County Manager or his designee shall be authorized to direct amendments to the NSP Policies and Procedures Manual, as may be necessitated by administrative rules and program regulations issued by the Georgia Department of Community Affairs.

First amendment to the contract regarding inmate telephone service

            Michael Sabine, Assistant County Manager presented the agenda item to the Board.  Consideration of an adjustment in the inmate telephone rates was requested by the Sheriff’s Department.   Inmate telephone rates, once the cost paid to providers is subtracted, generate revenue to offset the cost of running the county jail.  The adjustments would generate approximately $25,000 per year in additional income.  There are forty eight (48) Sheriff Offices in Georgia served by Securus Technologies, the other forty seven (47) are at the maximum, which is the maximum allowed by the Public Service Commission. 

            Chairman Mathis stated that of all the other facilities in the State of Georgia the rates provided are the lowest of any.  Mr. Sabine stated they are the lowest of all that are serviced by Securus and from what he’s been able to research they are the lowest anywhere, even with the proposed changes.

            Commissioner Holder made the motion to authorize the execution of the first amendment to the contract with Securus Technologies for inmate telephone service; Commissioner Stamey seconded.  The motion carried 4-0-0 approving the following resolution:

WHEREAS,   the Board of Commissioners approved a contract with Securus Technologies on November 19, 2007 for the provision of inmate telephone service at the Henry County Detention Center (County Jail); AND

WHEREAS,   the Sheriff of Henry County, as custodian of the Detention Center (County Jail), has advised that inmate telephone rates may be adjusted at the Board’s discretion to better reflect current conditions; AND

WHEREAS,   Securus Technologies has expressed its willingness to adjust inmate telephone rates, effective June 1, 2009, upon written approval of the First Amendment to Contract HC-08-20.

NOW THEREFORE BE IT RESOLVED by the Board of Commissioners that the Board hereby authorizes the Chairman to execute the First Amendment to Contract HC-08-20 with Securus Technologies for inmate telephone service.

Adoption of the Henry County Fire Department Revised Strategic Plan

            Chief Barry Jenkins, Fire Department presented the agenda item to the Board.  The Strategic Plan was created to provide a management and decision making tool based on the input of members of the department as well as outside stakeholders.  It will be used to guide future decisions regarding programs, community relations, and deployment of resources.  The Fire Department has been following the model provided by the Commission on Fire Accreditation International to complete a self assessment of the organization.  The self assessment process includes the development of other strategic plans to assist in providing the best possible services to the community by creating an ideal future for the department.  The stakeholders represent a broad bases of the community including members of county government as well as city governments, Mayors, County Commissioners, Police and Fire Chiefs, representatives of the clergy, the Board of Education, Henry Medical Center staff, local water departments, community organizations and even the news media.  The plan will be reviewed periodically throughout the coming year.  A new plan will be posted each year detailing the changes of the existing plan.  The plan will serve as a reminder of the vision that has been created for the department’s ideal future.  The plan will also serve as a guide for the department to maintain its focus. 

            Chairman Mathis asked if this plan would assist in applying for grants.  Chief Jenkins stated yes and also for the accreditation process.

            Commissioner Stamey made the motion to support the Henry County Fire Department Revised Strategic Plan dated January, 2009; Commissioner Basler seconded. The motion carried 4-0-0 approving the following resolution:

WHEREAS, the Henry County Fire Department is dedicated to the protection of life, property and the environment by providing professional and courteous services of exceptional quality in Fire Prevention, Public Fire and Life Safety Education, Fire Suppression, Advanced Life Support, Hazardous Materials Response, Technical Rescue Response , and Fire Investigation at an acceptable cost to the community; and,

WHEREAS, the Henry County Fire Department is a performance driven and results oriented department that focuses on customer service, continuous improvement, and the safety and welfare of the citizens and employees.

NOW, THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners adopt a resolution showing full support of the Henry County Fire Department Revised Strategic Plan dated January, 2009.

Second Public Hearing regarding an amendment to the Development Impact Fee Ordinance

            Bert Foster, Development Plan Review Director presented the agenda item to the Board.  This is the second public hearing, the first hearing was held on May 4, 2009.  Currently the Building Department collects impact fees prior to the issuance of a building permit.  The requested revision would allow staff to collect the impact fees at any point and time that the building permit is active but prior to the final building permit inspection.  If the builder(s) choose to wait until the final building permit inspection, staff will require payment in the form of cash or other certified funds.  This revision will treat commercial and residential builders equally and will allow the building department to synchronize their collection times with other agencies throughout the county. 

            Commissioner Holder commented on the timing of the ordinance amendment and that there is no impact to Henry County until someone occupies the building whether residential or commercial. 

            Chairman Mathis called for public comments from anyone wishing to speak regarding the agenda item.  Steve Cash, resident and Chief Executive Officer for Henry Council for Quality Growth spoke regarding the Ordinance amendment.  Mr. Cash stated the other agencies that accept impact fees have access to accept credit card payments.  Mr. Cash stated he would like to see the verbiage amended to say cash, certified check and/or credit card if available.

            Commissioner Holder made the motion to approve the Ordinance amendment with the language as written; Commissioner Stamey seconded.  The motion carried 4-0-0 approving the following Ordinance:

AN AMENDMENT TO ORDINANCE 03-08 TO AMEND SECTION 3-6-85 OF THE CODE OF HENRY COUNTY GEORGIA; AND FOR OTHER PURPOSES.

BE IT ORDAINED by the Board of Commissioners of Henry County, Georgia, and it is hereby ordained by the authority of the same, that:

I.

Chapter 3-6, Planning and Development, of the Code of Henry County, Georgia, as amended, is hereby amended by modifying Section 3-6-85, adopted October 7, 2003, to provide as follows:

ARTICLE VI. DEVELOPMENT IMPACT FEES

Section 3-6-85. Fee Assessment and Payment.

(b)  Timing of assessment and payment. 

 

(2)  Impact fees may be collected any time a building permit is active, but shall be collected no later than the final building permit inspection phase of the development.  Impact fees collected as part of the final building permit inspection shall be paid in the form of cash or certified check or other certified funds prior to the release of the Certificate of Occupancy or Certificate of Completion, as applicable.

 

II.

It is the intention of the governing body, and it is hereby ordained that the provisions of this ordinance revision shall become and be made a part of the Code of Henry County, Georgia, and the sections and articles of the Code may be renumbered to accomplish such intention.

III.

All ordinances, parts of ordinances, or regulations in conflict herewith are hereby repealed.

IV.

Should any section, part or provision of this ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the ordinance as a whole or any part thereof not specifically declared to be invalid or unconstitutional.

V.

This ordinance amendment shall take effect and be in force from and after the date of its adoption unless otherwise modified by the Board of Commissioners.

Bid award for pine and wheat straw bales

            Tim Coley, Parks and Recreation Director presented the agenda item to the Board.  Bid packages for the purchase of pine straw and wheat straw was issued to twelve (12) vendors with four (4) vendors responding.  This product will primarily be used by Parks and Recreation, Grounds Maintenance, Stormwater and the Department of Transportation.  This would be an annual contract and staff recommended the bid be awarded to the lowest bidder Corbin Baled Pine Straw for the pine straw bales and Ellis Farms for the wheat straw bales. 

            Commissioner Basler made the motion to award the bid for pine straw bales to Corbin Baled Pine Straw and for the wheat straw bales the bid would be awarded to Ellis Farms; Commissioner Holder seconded.  The motion carried 4-0-0 approving the following resolution:

WHEREAS, sealed bids (SB-09-53-042209-3) were solicited for the purchase of pine straw and wheat straw, on a renewable contract basis, for the Parks and Recreation 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 Parks and Recreation Department account for this commodity; materials will be ordered as required and approved; and,

 

            WHEREAS, Corbin Baled Pine Straw and Ellis Farms have submitted the lowest and most responsive bids; departmental personnel recommend award to Corbin Baled Pine Straw for the purchase of pine straw and Ellis Farms for the purchase of wheat straw.

 

            NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-09-53-042209-3 to Corbin Baled Pine Straw and Ellis Farms; award as a unit / price contract with no fixed quantities; prices to remain firm for the Contract period.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

Approval of the Project Framework Agreement prepared by the Georgia Department of Transportation

            Michael Harris, Planning and Zoning Services Division Director presented the agenda item.  The Georgia Department of Transportation has requested that Henry County enter into a Project Framework Agreement (PFA) for Preliminary Preconstruction Engineering Activities for the intersection of Old Conyers Road at Flat Rock Road.  This is a standard procedure for any local project that involves Federal Funding.  Right-of-way acquisition will be locally funded as well as the engineering; however the construction phase involves Federal Funding at 80% with a 20% local match.  This project is a SPLOST III project that is currently scheduled for a June/July let date.  Staff is requesting authorization to enter into an agreement with the Georgia Department of Transportation for the Project Framework Agreement for Preliminary Engineering only.

            Commissioner Bowman stated the roads (Old Conyers and Flat Rock) are not state roads but we will be receiving State and Federal Funding.  Mr. Harris stated the Federal allocation is $989,600 based on the current GDOT estimates. 

            Commissioner Basler made the motion to approve the request; Commissioner Bowman seconded.  The motion carried 4-0-0 approving the following resolution:

WHEREAS, Henry County Government was notified by the Georgia Department of Transportation “DEPARTMENT” that the Department would like to enter into a Project Framework Agreement with the county for intersection improvements at Old Conyers Road @ Flat Rock Road; and

WHEREAS, the Project Framework Agreement is for preliminary Engineering Activities only; and

WHEREAS, the aforementioned project was a SPLOST II Project and is currently in the SPLOST III Transportation Project List; and

WHEREAS, additional agreements for the construction phase will be sent to the county at the appropriate time;  

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board ofCommissioners approve and authorize the Chairman to execute the Project Framework Agreement with the Georgia Department of Transportation for the aforementioned project.

Approval of the Minutes

            Commissioner Bowman made the motion to approve the April 21st minutes; Commissioner Stamey seconded.  The motion carried 4-0-0.

County Managers Comments

            There were no comments.

County Attorney Comments

            There were no comments.

Public Comments

            Jared Bell, 299 Summit View Drive addressed the Board regarding public transportation.

Upcoming Meetings & Events

1.      Tomorrow, May 19th at 6:30 p.m. a Regular Board Meeting

2.      Monday, May 25th is the Memorial Day Holiday – All County Offices will be closed.

3.      Monday, June 1st at 9:00 a.m. and Tuesday, June 2nd at 9:00 a.m. are Regular Board Meetings

4.      Monday, June 15th at 9:00 a.m. and Tuesday June 16th at 6:30 p.m. are 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 4-0-0.

 (Executive Session was held.)

Commissioner Basler made the motion to reconvene into Public Session; Commissioner Stamey seconded.  The motion carried 4-0-0.

Commissioner Stamey made the motion to approve the affidavit and resolution pertaining to executive session; Commissioner Holader seconded.  The motion carried 4-0-0.

Commissioner Stamey made the motion to adjourn; Commissioner Basler seconded.  The motion carried 4-0-0.

 

                                                                        Elizabeth “BJ” Mathis, Chairman

 

Shay Mathis, County Clerk