STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Regular Public Meeting at 9:00 a.m. on Monday, June 1, 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; 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 Bowman seconded.  The motion carried 5-0-0.

Authorization to expend D.A.T.E. Funds for the establishment of residential in-house drug treatment program for indigent inmates

            Charles Spahos, Solicitor General presented the agenda item to the Board.  Mr. Spahos stated he was presenting the agenda item in the capacity as the incoming Chairman of Connecting Henry and at the request of the Judge McGarity, Superior Court.  D.A.T.E. is an acronym for Drug Abuse Treatment and Education.  This was created by statue in 1990 and it says that on any drug case (marijuana, control or non-control substances) upon conviction there shall be imposed an additional penalty of a sum equal to 50% of the original fine.  This is imposed in each court.  The statute says the funds shall be expended by the governing authority of the county for which the funds are established solely and exclusively for drug use treatment and education programs related to controlled substances and marijuana.  The county has used only a portion of these funds over the years and there is quite a balance and the fund continues to collect at a rate of $10,000 to $12,000 per month.  There is approximately $1.5 million in the fund currently. 

            The courts recognized that there are good providers and bad providers of drug abuse treatment programs.  Superior Court asked Connecting Henry to develop a way to screen the providers of the treatment programs.  Staff has been working with Pardons and Paroles and State Probation on their guidelines for establishing a treatment program.

            The request is for authorization to give State Court and Superior Court the authority to expend the D.A.T.E. funds to approved programs that have been through the process and will be monitored to make sure the services are provided.

            Chairman Mathis asked what programs are currently using these funds.  Mr. Spahos stated there was $50,000 allotted in the 2010 budget for the Life Management Program and also there have been funds allotted for the Mental Health Court. 

            Chairman Mathis asked how often this fund is replenished.  Mr. Spahos stated this fund is different from the general fund.  The D.A.T.E. funds are designated specifically for this purpose.  The funds come in at approximately $10,000 to $12,000 per month. 

            Commissioner Bowman stated that it’s understood that there should be a reserve and maybe the resolution should reflect this.  Mr. Spahos stated he agrees there should be a reserve, maybe not $1.5 million.  It has not been resolved exactly how much would be spent each month for the program. 

            Commissioner Stamey commented that he didn’t have a problem with maybe keeping the reserve at $1 million.  The Board wouldn’t want $10, 000 or $12,000 coming in with $20,000 to $30,000 coming out and having to go into the reserve.  Commissioner Stamey asked for clarification that this program has no impact on the general budget.  Mr. Spahos stated that the program would have no impact to the general fund.

            Commissioner Holder stated theses funds are basically user fees.  The funds have come from violators of the law and have to be used for the specific purpose.    

            Mr. Spahos asked if a report could be given to the Board quarterly or on a regular basis of the expenditures.  Commissioner Holder stated that would be good rather than putting a limit on what is spent. 

            Commissioner Bowman stated he understood the funds are fees paid by violators of the law and is to be used for treatment and education.  But from another stand point there should be a reserve and it could be amended if needed.

            Chairman Mathis stated a portion of the D.A.T.E. funds have been allocated to the Mental Health and it’s understood that because this program has been initially instituted with a grant that at the end of three years the grant goes away and the county will have to absorb the cost of that program.  Mike Bush, Director of Financial Services stated the mental health court and Ms. Brown is the piece that is partially funded by the D.A.T.E. funds and the grant funds is for the mental health facility and that would go away and funding will need to be sought for that.  There would be very little additional D.A.T.E. funds that could be used.  In the 2010 budget, up to $150,000 of the D.A.T.E. funds can go towards the Mental Health Court as long as it’s a viable education treatment type fund.  Mr. Bush stated he agreed that if a limit was set at $1 million, that would give this program approximately $600,000 and they could always come back to ask for additional funds and also make a report to the Board. 

            Commissioner Jeffares asked if Connecting Henry will approve the providers and a Conditional Use would be needed to do this in-house.  Mr. Spahos stated they participated in one of the organizations going through the process.  It’s difficult to find a location.  Back to the funds; these funds will be designated for a particular criminal defendant to be used at a facility.  The County is not getting into the business of drug treatment.  What they are doing is taking the funds and, for a lack of better words, giving a scholarship to a criminal defendant to go to a particular facility.  Initially some of that will be out of the county.  It is hoped that because the funds are available, that would facilitate the creation of some facilities within the county.  Keep in mind these people are amongst us anyway, we would not be attracting new drug defendants.  These people are a part of our community and the goal is to treat the problem.  As the system progress, the offenders will continue to be on supervision and probation after the treatment. 

            Commissioner Bowman asked what the cost, per person is and how long is a normal stay in the program.  Mr. Spahos stated it depends on the program and the people.  The minimum is ninety days and the maximum is usually one year.  The ninety day program is costing approximately $1,000 to $1,200 per person, per month.  The Shining Light program for women that last for one year is approximately $600 per month. 

            Commissioner Holder stated two key words that he heard in comparing the mental health grant and the D.A.T.E. funds that were collect by fines or fees is the grant is non-specific and comes from outside sources, the D.A.T.E. funds are designated as to where it has to be spent.  There is $1.5 million in the account that someone has paid for drug treatment and education and the funds are supposed to be expended for that purpose. 

            Commissioner Bowman made the motion to amend the resolution to read there shall be a balance of $1 million in the D.A.T.E. account and there shall be quarterly reports made to the Board; Commissioner Stamey seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, Official Code of Georgia section 15-21-101(b) established that fines collected for County Drug Abuse Treatment and Education (D.A.T.E.) shall be expended by the governing authority of the county for which the fund is established solely and exclusively for drug abuse treatment and education programs relating to controlled substances and marijuana;

WHEREAS, The Superior Court of Henry County has determined that providing residential in-house drug treatment services to indigent inmates is an appropriate use of the D.A.T.E. fund;

WHEREAS, The Superior Court of Henry County has partnered with Connecting Henry, Inc. to establish guidelines to ensure that facilities receiving D.A.T.E. funds provide an acceptable level of service and that these facilities are monitored on an on-going basis; 

WHEREAS, The Board recognizes that the minimum expense to house an inmate in the Henry County Jail is over $1,000.00 a month and there are presently no residential in-house drug treatment facilities available to indigent inmates;

WHEREAS, The Board recognizes that providing residential in-house drug treatment services to indigent inmates is an appropriate use of the D.A.T.E. funds;

WHEREAS, The Board recognizes that residential in-house drug treatment facilities must be evaluated and regulated to ensure their practices and facilities meet the highest of standards; 

WHEREAS, The Board recognizes that Connecting Henry, Inc. in conjunction with the courts of Henry County are best suited for establishing care criteria and ensuring that the residential in-house drug treatment facilities receiving D.A.T.E. funds meet the standards established; and

WHEREAS, the Superior Court is requesting that the Board authorize the use of D.A.T.E. funds for indigent inmates to participate in residential in-house drug treatment programs approved by the Superior Court and Connecting Henry, Inc. 

NOW, THEREFORE BE IT RESOLVED by the Henry County Board of Commissioners, that the Superior Court and State Court of Henry County are hereby authorized to expend D.A.T.E. funds for the establishment of the above referenced residential in-house drug treatment program for indigent inmates.  The D.A.T.E. account shall maintain a reserve in the amount of $1 million and there shall be a report of the program and its budget made to the Board quarterly; and 

NOW, THEREFORE BE IT FURTHER RESOLVED, by the Henry County Board of Commissioners, that Connecting Henry, Inc., and the Superior Court of Henry County are hereby authorized to establish guidelines to screen and monitor any residential in-house drug treatment facility that would receive D.A.T.E. funds. 

Award of a bid to purchase reflective sheeting

            Terry McMickle, Public Works Division Director presented the agenda item to the Board.  The Department of Transportation requires various materials to construct road signs, street signs, directional information signs, etc.  Having a contract for these items allows quick access to the product without the necessity of bidding each time the product is required and guarantees prices will remain firm for the contract period.  Sealed bids were requested for various reflective sheeting and seven (7) vendors responded.  After reviewing the bids, staff recommended the bid be awarded to 3-M Company and Vulcan Signs as the overall lowest and most responsive bidders.

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

            WHEREAS, sealed bids (SB-09-51-040909-1) were solicited for the purchase of reflective sheeting for the Department of Transportation on a renewable contract basis; and

            WHEREAS, seven (7) vendors submitted bids for this purchase, as indicated on the attached bid tab; and

            WHEREAS, funds are available in the DOT account for this commodity; and

            WHEREAS, two (2) vendors have submitted the overall lowest and most responsive bids for the purchase of reflective sheeting; departmental personnel recommend award to 3M Company and Vulcan Signs.

            NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-09-51-040909-1 to 3M Company and Vulcan Signs; award as a Unit/Price contract with no fixed quantities; the prices shall remain fixed for the contract period.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

Authorization to use Federal and State Asset Forfeiture Funds to purchase four tracking units

            Major Danny Butler, Police Department presented the agenda item to the Board.  If authorized the resolution presented would allow the Police Department to purchase four (4) tracking devices to be used with the Lo/Jack tracking units to track stolen vehicles throughout the county.  Seized Asset Forfeiture funds will be used to purchase the product.

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

WHEREAS,     Property theft, specifically vehicle and heavy equipment, is a major problem throughout the United States. Henry County has on average 468 reported stolen vehicles per year; and

WHEREAS,     Stolen property equipped with the Lo/Jack system can assist law enforcement officials in locating and recovering property; and

WHEREAS,     Henry County currently deploys twelve (12) tracking units throughout the county. The purchase of four (4) additional tracking units, including installation and training of officers, will assist the police department in locating and recovering property in a broader service area. The cost of four (4) tracking units will cost $4,000; and

WHEREAS,     the funding is available in the Federal and State Asset Forfeiture Account.

NOW, THEREFORE BE IT RESOLVED, by the Henry County Board of Commissioners hereby authorizes the use of Federal and State Asset Forfeiture funds to purchase of four (4) Lo/Jack tracking units in the amount of $4000.

Award of a bid for the Livable Centers Initiative (LCI) Study

            Ray Gibson, Director of Planning & Zoning and Brecca Johnson, LCI Project Manager presented the agenda item to the Board.  The request is for approval to enter into a contract agreement with the planning firm, Tunnell-Spangler-Walsh and Associates (TSW) for the Hudson Bridge RoadJonesboro Road Connector Activity Center.  The total cost of the project is $125,000 of which $100,000 will be provided by an ARC grant with a $25,000 match to come from the county; this has been cleared by the Finance Department.  Fourteen (14) proposals were received and reviewed.  Four (4) vendors were interviewed and staff recommended TSW to conduct the LCI study. 

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

            WHEREAS, the Atlanta Regional Commission (ARC) has established the Livable Centers Initiative to provide funding for investment studies and transportation projects located in emerging activity centers and corridors within the Atlanta region; and

            WHEREAS, on February 12, 2009, ARC awarded Henry County with the 2009 LCI Study grant for the Hudson Bridge-Jonesboro Road Connector Activity Center in the amount of $100,000; and

            WHEREAS, sealed bids were solicited for an LCI study to be conducted for a total study amount of $125,000, $25,000 of which is the required twenty percent (20%) local matching funds to develop the study; and

            WHEREAS, fourteen (14) sealed bids were received, reviewed and short-listed applicants were interviewed; and

            WHEREAS, the LCI Staff team recommends that Tunnel-Spangler-Walsh and Associates (TSW), be paid the amount of $125,000 ($100,000 ARC grant funds and $25,000 local match);

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards Bid Number : SP-09-052-050609-1-1 to Tunnell-Spangler-Walsh and Associates (TSW) to conduct a Livable Centers Initiative (LCI) Study, commits the twenty percent (20%) required in matching funds to develop the study for a total study amount of $125,000; and authorizes the Chairman to execute the Subgrant Agreement contract.

Award of an RFP to furnish and install two prefabricated metal buildings

            Michael Sabine, Assistant County Manager presented the agenda item to the Board.  The Police Department requires a building to store and secure seized materials pending final disposition.  At the same time the Parks and Recreation Department requires a building to store, protect and secure equipment at the Heritage Park Facility.  A Request for Proposal (RFP) was issued to twenty-three (23) vendors and twelve (12) vendors responded.  The original RFP was issued for one (1) building and an addendum was issued to consider the second building for Parks and Recreation.  Departmental personnel from the Police Department and Parks and Recreation reviewed the proposals and recommended the bid be awarded to Steel Co Buildings, Inc. in the amount of $47,423,00 for each building ($42,400.00 base amount and an additional $5,023.00 for Alternate No. 1 – insulation).  Steel Co Buildings was the lowest most responsive proposal for the two buildings.  Funds from the Seized Assets account will pay for the building for the Police Narcotics Division and the building for Parks and Recreation will be funded from the Capitol Equipment account.  The total request is for $94,846.00 for the two buildings to be divided equally.  The proposal includes all materials necessary to build the building with the exception of the slab; each slab will be furnished by county forces. 

            Commissioner Bowman stated when reviewing the bid there was an alternate to add gutters; are gutters on the project for the Police Department?  Mr. Sabine stated it was his understanding they were going to add the gutters in-house, it would be more cost effective to do that.  Commissioner Bowman stated the correct gutters cannot be added to a standing single metal roof and make it work. 

            Commissioner Bowman asked was this a design-build RFP.  Mr. Sabine stated yes, there were general specs regarding the building. 

            Commissioner Bowman asked what the exterior finish of the building will be.  Mr. Sabine stated it was his understanding that it would a standard powder coat type finish similar to what the standard production is.  Commissioner Bowman stated the building would be metal on all sides.  Mr. Sabine stated yes.

            Commissioner Bowman asked if the building that is proposed to be constructed at Heritage Park was a SPLOST project. Mr. Sabine stated the information that he had was the capital account.  Mike Bush, Financial Services Director stated it was a SPLOST III project for Heritage Park.  There are funds designated ($185,000) for Heritage Park. 

            Commissioner Bowman asked what the Parks & Recreation building will be used for.  Mr. Sabine stated there are a number of storage containers that are leased or rented with tables, things used for various setups, and maintenance equipment.  The idea is to come up with permanent storage for those items and equipment. 

            Commissioner Holder stated the $47,423.00 for each building is what’s being considered by the total cost has not been indicated.  What is the cost of the slab that will be done in-house?  Mr. Sabine stated he did not have the specific information but would say approximately $5,000 per slab just based on the cost of raw concrete.  Commissioner Bowman stated that it would cost approximately $3.50 to $4.00 per square foot costing $20,000 to $25,000 per slab.  The total cost would then be approximately $67,000.00 to $70,000.00 for each building.

            Commissioner Holder stated for clarification the $185,000 in SPLOST III was to be for the pole barn to store dirt at Heritage Park.  Mr. Roy Clack, SPLOST Consultant stated that was correct.  Commissioner Holder stated he was glad to see that it will be used for an enclosed building for storage.  Commissioner Holder asked that bids be complete when brought to the Board.

            Commissioner Stamey asked staff to include gutters on both buildings.  Mr. Sabine stated he would add that information.

            Commissioner Bowman asked for a rendering and a complete list of components and what will be done with the components.

            Commissioner Stamey made the motion to table the request for two fabricated metal buildings to the June 15th agenda; Commissioner Basler seconded.  The motion carried 5-0-0.

Award of a bid to furnish and install a walk-in cooler/freezer at the Henry County Jail

            Michael Sabine, Assistant County Manager presented the agenda item to the Board.  The current kitchen at the jail is undergoing renovation.  The walk-in cooler that is currently on site is undersized for current needs and has been there since the building was constructed in 1991.  Sealed proposals were solicited to furnish and install a walk-in cooler at the jail.  Seven proposals were received and reviewed.  The low bidder, Atlanta Equipment Company, Inc. in the amount of $44,741.25, proposes a Heel Phoenix unit and will furnish a four year warranty on the compressor and cooling unit and a ten year warranty on the unit walls. 

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

            WHEREAS, the Henry County Jail, located at 120 Henry Parkway, McDonough, Georgia needs to have a walk-in cooler/freezer installed; and

            WHEREAS, sealed proposals were solicited to furnish & install a walk-in cooler/freezer; and

            WHEREAS, seven (7) sealed proposals were received and reviewed; and

            WHEREAS, staff recommends the low bidder, Atlanta Equipment Company, Inc. in the amount of $44,741.25; and

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the proposal of Atlanta Equipment Company, Inc. and awards Bid Number SP-09-56-050809-1 to furnish & install a walk-in cooler/freezer at the Henry County Jail located at 120 Henry Parkway, McDonough, Georgia in the amount of $44,741.25.  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.

Appointment to the Board of Elections and Registration

            The nominating committee that was appointed by the Board recommended the reappointment of Arch Brown to the Board of Elections and Registration.

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

WHEREAS, the 2006 General Assembly adopted a local act creating the Henry County Board o f Elections and Registration; and

            WHEREAS, Section 2; Subsection 2 of the act requires that the Governing Authority appoint a nominating committee to choose the At-Large Member of the board.

            WHEREAS, on April 15, 2009 the Board of Commissioners appointed Mr. Tom Gabey, Mr. Jim Risher, and Mr. Ed Wallace to serve as the nominating committee

            WHEREAS, the nominating committee has recommended that Mr. Arch Brown be reappointed to the Board of Elections and Registrations

            NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners accepts the recommendation and hereby appoints Mr. Arch Brown to the Board of Elections and Registration.

Approval of the minutes

            Commissioner Bowman made the motion to approve; 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 & Events

1.      Tomorrow, June 2nd at 9:00 a.m. Regular Board Meeting

            Commissioner Holder made the motion to cancel the June 2nd meeting; Commissioner Jeffares seconded.  The motion carried 5-0-0.

2.      Monday, June 15th at 9:00 a.m. and Tuesday, June 16th at 6:30 p.m. are Regular Board Meetings

3.      Friday July 4, 2009 – Independence Day – All County Offices will be Closed in Observance of the holiday

4.      Monday, July 6th at 9:00 a.m. and Tuesday, July 7th at 9:00 a.m. are 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 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 Bowman made the motion to approve the affidavit and resolution pertaining to executive session; Commissioner Stamey seconded.  The motion carried 5-0-0.

Commissioner Holder made the motion to and to approve a resolution supporting the reallocation of GRTA Bond Funds; Commissioner Jeffares seconded.  Commissioner Holder amended the motion to include the amendment of the agenda out of public necessity and to approve the resolution supporting the reallocation of GRTA Bond Funds; Commissioner Stamey amended his second.  The motion carried 5-0-0.

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

 

                                                                        Elizabeth “BJ” Mathis, Chairman

 

Shay Mathis, County Clerk