STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Regular Public Meeting at 9:00 a.m. on Monday, July 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; Phyllis Shrader, Interim 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; 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 Bowman made the motion to approve the agenda with the amendment to table the bid to furnish and install bleachers at J. P. Mosley Park; Commissioner Stamey seconded.  The motion carried 5-0-0. 

Presentation

            The Board of Commissioners presented a plaque honoring the Henry County Water & Sewerage Authority from the Georgia Environmental Facilities Authority (GEFA). The plaque was in recognition of the Authority’s efforts to maintain infrastructure for economic development and sound environmental management regarding the Tussahaw Water Treatment Plant and Tussahaw Transmission Main.

Public Safety Update

            Major Stoney Mathis with the Uniform Patrol Division and Major Joe Jackson with the Criminal Investigations Division presented an update about the departments’ services and statistics to the Board and citizens.  Over the past six (6) months 17 additional police officers has been hired.  While other jurisdictions are requiring furloughs and lay-offs, Henry County is continuing to increase personnel, which allows the department to increase the officers on the street, to staff the Criminal Investigations Division as well as the Special Operations Division.  The Special Operations is a sub-unit of Uniform Patrol and encompasses the K-9 Unit, Motor Unit, H.E.A.T./DUI Unit, the Community Oriented Policing (COPS) Unit and the Criminal Apprehension & Gang Enforcement (CAGE) Unit.  These units are responsible for a number things such as the Click-It or Ticket-It Campaign to make sure people are using their seatbelts, the Zero Tolerance Campaign designed to get drunk drivers off the street, and also Operation Bank Back where collectively with other jurisdictions, officers walk through subdivisions to let the citizens know that the police is there to help.  In addition to these approaches the department has taken a very proactive approach to community policing.  Three things are offered under the Community Oriented Policing Units; a Female Self-Defense Class, a Citizen’s   Police Academy, and the Neighborhood Watch Program.

            Two additional officers will be added to the Motors Unit.  The Motors Unit assists with enforcement of traffic laws and they are a good public relations tool. 

            Last month, Uniform Patrol responded to approximately 8,000 dispatch calls.  In addition, there were approximately 7,000 self initiated calls which averaged out to approximately 157 calls per officer. 

            Henry County has one of the lowest crime indexes in metro Atlanta.  With a proactive approach in teaming up the community and the police department, we should continue down that path.

            Major Joe Jackson stated this past year has been a very busy year in the Criminal Investigations Division (CID) and the Narcotics Division.  Within the last year in CID there have been of 5,200 cases assigned to the 26 working detectives, which is approximately 30 cases per month, per detective. 

            Another unit is the Crimes against Children unit which currently has 4 detectives dedicated full time to investigate and prevent child crimes.  A grant was recently applied for and if awarded it could yield approximately $650,000 which would assist with internet crimes against children.  Another program is the Georgia Terrosim Intelligence Project (GTIP).  This program is funded by the Federal Department of Homeland Security.  Henry County has been involved in the program for about a year.  The funds are funneled through the Georgia Bureau of Investigations.  Henry County has received over $120,000 in equipment, $12,000 in supplies and over 1,300 hours of training for personnel; this is at no cost to the County.  Another program that was recently initiated is Cell Bright which is a technology program provided by GTIP funding.  With a device officers are able to extract information from cell phones. 

            Since April the Narcotics Units has arrested 66 individuals and seized approximately $80,000.  There has been approximately $255,000 in drug seizures. 

            The Board commended the Police Department for their outstanding accomplishments.

Amendment of the Official Zoning Map

            Chairman Mathis announced there would not be a public hearing for the purpose of approving and amending the Official Zoning map.

 

 

Establishing and effective date for the Unified Land Development Code and Joint Comprehensive Plan

            Michael Harris, Planning & Zoning Services Division Director presented the agenda item to the Board.  In recent weeks the Board adopted the Henry County/Cities Joint Comprehensive Plan and the Unified Land Development Code (ULDC).  It has always been the intent of staff to have these two documents as well as the Official Zoning Map to be effective on the same date.  For a point of clarification the resolution presented is to establish that the effective date of the ULDC and the Comprehensive Plan will be tied directly to the adoption date of the Official Zoning Map. 

            Commissioner Holder asked regarding any existing zoning application, which plan will staff base there findings on, the old plan or the new plan.  Mr. Harris stated staff’s opinions are based on the plan that is currently in effect.  The new plan is taken into consideration as to what the new plan reflects and that is noted in the reports.  Final decisions are based on the current plan in place.

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

WHEREAS, the Henry County Board of Commissioners has an interest in promoting the general health, safety and welfare of the community as it relates to physical development; and

            WHEREAS, the Henry County Planning and Zoning Department is currently preparing and making updates to the Official Zoning Map pursuant to the requirements and authority granted by the constitution and laws of the State of Georgia, in particular, House Bill Number 51 amending Title 36 of the official Code of Georgia annotated to include Chapter 66, the “Zoning Procedures” law; and

WHEREAS, the Unified Land Development Code (ULDC) replaces Chapters 3-6 through 3-11 of the Henry County Code of Ordinances; and

WHEREAS, consideration of the Official Zoning Map was postponed at the July 6, 2009 Board of Commissioners meeting, and

WHEREAS, together the three documents (ULDC, Comprehensive Plan, Zoning Map) make up the principal zoning land use documents utilized by County staff and relied upon by the public at large; and

WHEREAS, because each of the documents is critically interrelated, it is in the best interest to have a single effective date for which all three documents will go into affect; and

WHEREAS, the Comprehensive Plan and the ULDC have been previously approved by the Board of Commissioners, the effective date for these two documents will correspond to the effective date of the proposed new Official Zoning Map currently under review.  

NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Henry County Board of Commissioners hereby establishes that the Unified Land Development Code (ULDC), with amendments made on May 19, 2009, and the Comprehensive Plan which was adopted on April 20, 2009, will become effective on the same day the new Official Zoning Map is adopted.

Authorization to submit the annual update of the Short Term Work Program and Capital Improvements Element for 2009-2013

            Stacey Jordan, Planning and Zoning Services presented the agenda item to the Board.  The Planning and Zoning Department presented the annual update to the Short Term Work Program and Capital Improvements Element.  Input from respective County departments was given to update the status of projects.  The request is for approval of the resolution to transmit the Short Term Work Program to the Atlanta Regional Commission.

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

            After discussion and corrections to the report, Commissioner Stamey made the motion to approve the transmittal of the documents with the changes made during discussions; Commissioner Holder seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, Henry County, Georgia has prepared an annual update to its Short Term Work Program and Capital Improvements Element; and

 

WHEREAS, the annual update of the Short Term Work Program and Capital Improvements Element was prepared in accordance with the Development Impact Fee Compliance Requirements and the Minimum Planning Standards and Procedures for Local Comprehensive Planning established by the Georgia Planning Act of 1989, as amended; and a Public Hearing was held on July 20, 2009, in the Henry County Administration Building.

 

NOW THEREFORE BE IT RESOLVED THAT the Henry County Board of Commissioners does hereby authorize the Henry County Planning and Zoning Department to transmit the annual update of the Short Term Work Program and Capital Improvements Element covering the five-year period 2009-2013, and this resolution to the Atlanta Regional Commission and Georgia Department of Community Affairs as required by the Georgia Planning Act.

Regulations and Fee Schedule for Body Art in Henry County

            Glenda Scott, Environmental Health County Manager presented the agenda item to the Board.  In 1997 the Department of Public Health Environmental Health section of the State of Georgia sent out a draft for what was then called tattoo parlors. The purpose of the draft was basically for counties to develop their own Ordinance and regulations.  It was not a mandate from the State but it was encouraged that each county develop their own requirements.  In 1997 most counties, except for Fulton and maybe Dekalb, did not have tattoo parlors.  Over the years Henry County has seen more of what is now called body art studios operating businesses.  Calls have been received from citizens regarding who regulates these facilities.  Research was done on body art studio regulations in Georgia and a set of regulations for Henry County were developed.  The body art studios in Henry County were very supportive of the regulations because they want everyone to be on the same playing field.  Input was received from the body art studios and body artist within the county and that was incorporated into the proposed regulations.  The regulations are a way for this industry to prevent the risk of infections and diseases.  The Henry County Board of Health approved the body art regulations and fee schedule on June 11, 2009 and the request is for the Board of Commissioners to adopt the same.

            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 adopt the rules and regulations for body art studios and the fee schedule; Commissioner Bowman seconded.  The motion carried 5-0-0.  A copy of the rules and regulations for body art studios and body artists is located in the County Clerk’s office.

Fourth Amendment to the Annual ARC Contract for FY 2009

            Susan Craig, Senior Services Director presented the agenda item to the Board.  The amendment will bring the estimated units and persons served in line with actual units and persons served.  The amendment has no effect on the level of funding received for Fiscal Year 2008-2009. 

            Commissioner Stamey made the motion to approve the fourth amendment to the annual ARC contract for FY 2009; Commissioner Basler seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, the Henry County Senior Services Department is the local Agency on Aging;

 

            WHEREAS, the Atlanta Regional Commission has proposed a fourth amendment to the annual contract for Fiscal Year 2009, which will reconcile the contract to reflect the actual number of units and persons served, instead of the estimated number; and

 

            WHEREAS, Henry County Senior Services desires to accept the Atlanta Regional Commission’s FY 08-09 Fourth Amendment to provide community based services to the older adults of Henry County.

 

            THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners approves said Fourth Amendment; and authorizes the Chairman to execute same on behalf of the Board, for the benefit of the senior citizens of Henry County.

Approval of the Aging Subgrant Contract with ARC for Fiscal Year 2009-2010

            Susan Craig, Senior Services Director presented the agenda item to the Board.  The request is for approval of the annual Aging Subgrant Contract with the Atlanta Regional Commission (ARC) for Fiscal Year 2009-10.  Henry County will receive $519,754 in Federal funds, $40,487 in local match funds and $39,913 in cost share which is paid by the clients.  The local match and cost share is included in the budget. 

            Commissioner Stamey made the motion to authorize the Aging Subgrant Contract; Commissioner Jeffares seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, the Senior Services Department is the local Agency on Aging;

 

            WHEREAS, Henry County Senior Services desires to accept the Atlanta Regional Commission (ARC) FY 09-10 contract to provide community based services to the older adults of Henry County; and

 

            WHEREAS, Senior Services seeks approval by the Board of Commissioners of the Aging Subgrant Contract between the Atlanta Regional Commission and the Henry County Board of Commissioners.

 

            THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners approves said Contract and authorizes the Chairman to execute same on behalf of the Board, for the benefit of the senior citizens of Henry County.

Authorization to accept a donation from the Firehouse Subs Public Safety Foundation

            Major Danny Butler, Police Department presented the agenda item to the Board.  The request is for authorization to accept a donation from the Firehouse Subs Public Safety Foundation in the amount of $23,584.11 for the purchase of a trained canine to be used in the K-9 Unit.

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

WHEREAS, Firehouse Subs created the Firehouse Subs Public Safety Foundation to ease the financial burden of fire departments, law enforcement and other emergency service entities. Local franchisees wish to provide assistance to Henry County Police Department; and

WHEREAS, The police department has identified a need for an additional canine and handler. The police department continues to see an increase in dangerous drugs and drug use. An additional officer and canine assigned to assist the ongoing trafficking of illegal narcotics in and through the boundaries of Henry County would make the community safer; and                                                       

WHEREAS, The police department will purchase a dual purpose/cross trained canine, $12,500; canine handler training, $3,210; training manuals, $51; National Police Canine Association Certification fees, $60; Housing, $2,995; canine care, $1,420; and patrol vehicle equipment $3,348.11; and

NOW, THEREFORE BE IT RESOLVED, that the Henry County Board of Commissioners hereby authorizes the acceptance of a $23,584.11 donation from Firehouse Subs Public Safety Foundation to purchase a canine.

Bid award to purchase quarry aggregate

            Terry McMickle, Public Works Division Director presented the agenda item to the Board.  The Department of Transportation requires quarry aggregate for various County projects. Having a contract for this material allows quick access to the product without the necessity of bidding each time the product is needed.  DOT will be the primary user however the contract will be available to all county departments. 

            Commissioner Bowman made the motion to award the bid to Vulcan Materials Company for the purchase of quarry aggregate; Commissioner Jeffares seconded. The motion carried 5-0-0 approving the following resolution:

            WHEREAS, sealed bids (SB-10-03-070109-1) were solicited for the purchase of quarry aggregate for the Henry County Department of Transportation; and

            WHEREAS, one (1) vendor submitted a bid for this purchase as indicated on the attached item/price schedule; and

            WHEREAS, funds are available in the Department of Transportation budget for this commodity; and

            WHEREAS, Vulcan Materials has submitted the lowest and most responsive bid for the purchase of quarry aggregate; departmental personnel recommend award to Vulcan Materials Company.

            NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid N umber SB-01-03-070109-1 to Vulcan Materials Company for the purchase of quarry aggregate; award as a Unit/Price Contract with no fixed quantities; prices shall remain fixed for the contract period.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

Asset Management Services required for the Neighborhood Stabilization Program

            Michael Sabine, Assistant County Manager presented the agenda item to the Board.  In order to fulfill the activity requirements of the Neighborhood Stabilization Program (NSP), the procurement of Asset Managers to assist and coordinate with the acquisition/rehab/disposition of real properties is required.  Proposals were issued in accordance with the common rule (24 CFR Part 85) and other NSP requirements.  Seventeen (17) responses were received.  Proposals were reviewed using the evaluation criteria stated in the Request for Proposal (RFP) document.  All costs for NSP program administration and technical assistance services are supported by the NSP.  No local match is required and no general fund dollars are used in NSP activities.

            Six (6) asset management teams are recommended for award.  The first activity of the asset management team is to assemble a qualified team that involves real estate, financial and other members as needed.  Essentially the asset management team acts as a multi-disciplinary or inter-disciplinary group that covers those activities from acquisition to the actual rehab, the day to day coordination with the contractors and subs that will be working on the rehab, and getting the rooster of qualified individuals that meet the criteria, and coordinating the income requirements but also the eight (8) hour HUD certified homeownership training that is required in order to participate in this program.  Another role of the asset manager will be to coordinate with program administration in selecting and identifying the target areas and the particular opportunities that are out there for acquisition at any one time.  In addition, another role of the asset manager will be marketing as a part of the disposition of the properties in accordance with the NSP regulations. Asset managers will also maintain and keep up the properties from the time of acquisition to disposition in addition to the actual rehab. 

            After reviewing the RFP, responses and scored the qualifying responses the recommendation is for six (6) asset management teams which are: ANDP, Strategic Holdings Group, Southcrest, RenewalWorks, Henry NSP Asset Management, and the Turner Team for NSP Asset Management Services.  Five (5) of the six teams are based within Henry County.

            Commissioner Bowman made the motion to approve the proposal for Asset Management Services for the Neighborhood Stabilization Program; Commissioner Jeffares seconded. The motion carried 4-0-1 with Commissioners Basler, Bowman, Jeffares and Holder voting in favor and Commissioner Stamey abstained.

            The following resolution was approved:

WHEREAS, Henry County was awarded $6,265,251 in assistance from the Georgia Department of Community Affairs for the Neighborhood Stabilization Program (NSP); AND

 

WHEREAS, the specifications for NSP include a range of program activities and project activities to meet the rules and regulations of both the Georgia Department of Community Affairs and the U.S. Department of Housing and Urban Development; AND

 

WHEREAS, funds to pay for all asset management services are provided by the Neighborhood Stabilization Program and are included in the grant award received by Henry County; AND

 

WHEREAS, NSP grant funds do not require a local match; AND

 

WHEREAS, the Board of Commissioners desires to ensure the efficient and competent implementation of NSP activities and asset management services required for activities performed; AND

 

WHEREAS, the Purchasing Department issued a Request for Proposal (RFP) for professional technical and support services in accordance with the Common Rule (24 CFR Part 85; 85.36) as well as other relevant requirements set forth under NSP; AND

 

WHEREAS, seventeen (17) total vendors responded to the proposal invitation; AND

 

WHEREAS, the qualified proposals were ranked and scored in accordance with the stated requirements of the proposal documents; AND

 

WHEREAS, ANDP, Strategic Holdings Group, Southcrest, RenewalWorks, Henry NSP Asset Management, and the Turner Team submitted the most responsive proposals under the requirements and specification set for in the issued documents; AND

 

WHEREAS, County NSP Staff recommends approval of ANDP, Strategic Holdings Group, Southcrest, RenewalWorks, Henry NSP Asset Management, and the Turner Team for NSP asset management services as detailed in the proposal documents (including proposal response information) and the project delivery cost (PDC) schedule included in this Resolution.

 

NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Henry County that the Board hereby approves the use of ANDP, Strategic Holdings Group, Southcrest, RenewalWorks, Henry NSP Asset Management, and the Turner Team for NSP Asset Management Services as detailed in the following PDC (project delivery cost) schedule immediately below and in accordance with the provisions of the proposal documents as issued. Asset Managers shall act at the general direction of the Program Administrator for the Henry County Neighborhood Stabilization Program, in accordance with the RFP proposal documents, Policies and Procedures of the Henry County Neighborhood Stabilization Program, and regulations promulgated by the Georgia Department of Community Affairs for activities under Grant Number 08-ns-5065 (Henry County NSP Grant accepted April 6, 2009).

 

Eligible Activity for PDC

Defined by Georgia DCA

Eligible Fee for Henry County NSP

Acquisition Fee

$3,500

Renovation Management Fee

10% of renovation capped at $3,000

Down-Payment Assistance/Housing Counseling

$2,000

Disposition Fee

$3,500

Maximum total fee per property (sum of above)

$12,000 maximum fee per property (sum of above)

Note: The maximum total fee of $12,000 is below the maximum total fee of $13,000 allowed by Georgia DCA under the NSP (NSP I) program. Accordingly, the Henry County NSP’s maximum PDC fee per property is 7.7% below the maximum fee schedule allowed by DCA for the specified activities above. All PDC (project delivery costs) are paid for by NSP funds; no local funds (county dollars) are used in the NSP program or in NSP asset management. Georgia DCA NSP PDC Fee Schedule is on page 78 of DCA NSP Recipient Manual.

 

 

BE IT FURTHER RESOLVED that the Board affirms that this agreement shall be funded exclusively by the Neighborhood Stabilization Program (NSP grant funds) and that no local funds (general fund monies) shall be used to support this obligation once approved.

 

BE IT FURTHER RESOLVED that the Board affirms that in the event the Henry County Neighborhood Stabilization Program requires supplemental asset management services to meet the LMMI 25% requirement of NSP (low income portion of NSP Phase I) or to address further needs generated by NSP (NSP Phase II authorized through U.S. Housing and Urban Development), the Board may, at its sole discretion, appoint Southern Crescent Habitat for Humanity and/or Community Concerns, Inc. to facilitate attainment of the LMMI 25% requirement or address needs generated by NSP (e.g. Phase II through HUD). Such prospective appointment shall be at the PDC schedule stated above and contingent upon the respective entities desire to provide certain asset management services for Henry County NSP at the time of prospective appointment. Any subsequent asset management appointment under this provision shall be at the sole discretion of the Board and no rights or privileges shall be conferred upon these two (2) entities by virtue of the present Resolution.

 

BE IT FURTHER RESOLVED that the Board hereby authorizes the Chairman to execute all documents and assurances to accomplish this procurement in accordance with NSP program requirements.

 

Approval of Minutes

            Commissioner Stamey made the motion to approve the June 15th and June 16th 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.      Tomorrow,  July 21st at 6:30 p.m. Regular Board Meeting

2.      Monday, August 3rd at 9:00 a.m. and Tuesday, August 4th at 9:00 a.m. Regular Board Meetings. 

3.      Monday, August 17th at 9:00 a.m. and Tuesday, August 18th 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 Jeffares seconded.  The motion carried 5-0-0.

Commissioner Jeffares made the motion to approve the affidavit and resolution pertaining to executive session; Commissioner Holder seconded.  The motion carried 5-0-0.

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

                                                            Elizabeth “BJ” Mathis, Chairman

 

Shay Mathis, County Clerk