STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Regular Public Meeting at 9:00 a.m. on Monday, August 17, 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; 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 acceptance of the agenda.  Commissioner Stamey made the motion to approve the agenda; Commissioner Holder seconded.  The motion carried 5-0-0.

            Chairman Mathis announced the following items would not be heard at this meeting:

RZ-08-06    Tabled by Staff

Tim Jones Properties, Inc. of Jonesboro, GA requests a rezoning from R-2 (Single-Family Residence) to PD (Planned Development) for property located on the eastern side of North Mt. Carmel, north of Mt. Carmel Road. The property is located in Land Lot 139 of the 6th District, and the request is for a Planned Development. District 2

RZ-09-06     Tabled by Staff

Carey Bunn of Locust Grove, GA request a rezoning from RA (Residential-Agricultural) to R-2 (Single-Family Residence) for property located on the south side of Hampton Locust Grove Road east of Rocky Creek Road, in Land Lots 178 and 207 of the 3rd District, and the request is for a residential subdivision. District 2

 

 

Disbursement of Library Impact Fees

            Michael Sabine, Assistant County Manager presented the agenda item to the Board. The agenda item stems from a request by Dr. Gordon Baker, Chairman of the Henry County Library Board for disbursement of library impact fees that are currently in the library impact fee account.  The request stated that due to cuts in state funding the funds are needed for immediate use to purchase books and other collection materials in accordance with the impact fee capital improvement element.  Previously, the Board of Commissioners approved disbursements to the Library Board of Trustees totaling $1.1 million ($450,000 for 2006-2007; $325,000 in two subsequent installments).  The disbursement of $450,000 was timed when the Locust Grove and Stockbridge libraries came on line.  Library impact fees have been used for capital construction of facilities to serve new growth, whether its sites or facility construction funds to supplement SPLOST proceeds that were also used in conjunction with the construction of the new libraries.  Currently there is $142,966.78 in the library impact fee account.  The resolution presented allocates $125,000 of that balance. 

            Chairman Mathis stated a new library is projected to come on line in March or April of 2010; for the purpose of purchasing books, what is the history on how much money was spent on books for the other libraries constructed and where is the money for books for the new libraries going to come from.  Mr. Sabine stated he could speak on the history of how the monies have been expended of the impact fee account and the additional funds that were expended by the Board of Commissioners to supplement the impact fees.  The first allocation was in August, 2005 the Board of Commissioners appropriated $450,000 in library impact fees and that followed the approval of $226,000 in supplemental general fund proceeds that were earmarked in June, 2005 to provide start up operations for the Locust Grove and Stockbridge libraries.  In 2006, $325,000 in library impact fees was appropriated and in February, 2007 a supplemental appropriation in the amount of $150,000 to assist with the opening of the Fairview Library.  In July, 2007 a disbursement in the amount $325,000 was approved as a separate line item in the budget for that year.  Historically the Board of Commissioners has timed disbursements in conjunction with construction of new facilities to allow for those resources to be there for the library systems use at the time of opening.

            Chairman Mathis asked for the total allocation to each library for the purchase of materials.  Was there a specific dollar amount?  Mr. Sabine stated given that the service delivery area under impact fees is the County, the disbursements were to the system and not broken down.  An email was received from Dr. Baker that stated that impact fees were treated equally and they did not favor one particular zone over another. Keep in mind that the geographic service area for impact fees is a county-wide district.  Ultimately it’s been more the timing than specific earmarking. 

            LaTonya Wiley, County Attorney stated general law does not mandate the way in which the funds can be disbursed, only that the funds be utilized for the purposes set forth in the CIE. 

            Chairman Mathis asked if this resolution is approved, will there be sufficient funds at the opening of the Hampton Library or was funds budgeted in the current budget to purchase collection material.  Mr. Mike Bush, Finance Director stated there were no funds allocated to the library system in the general fund.  It was the understanding that the library was not going to open until the next budget cycle.  The only funds available would be the impact fees which would have a balance of approximately $25,000 when the Hampton Library opens. 

            Commissioner Bowman asked if the Fairview Library was stocked, are books in place.  Mr. Sabine stated that it is no where near full capacity.  It is probably at fifty percent or less.  That’s an issue with all the libraries, when they were built, they were stocked to an initial amount and the question is how you go from there to build a bigger collection at any facility.

            Commissioner Bowman stated library fees may be used for two categorical purposes, collection materials to serve new growth and new facilities.  Which means the funds could be used in the construction as well as collection materials.  Commissioner Bowman stated there could be an issue when funding is needed when the new Hampton Library is opened.  He asked how much money is in the Library Board’s reserve account and what is it there for.  Mr. Sabine responded that the library system normally proves an annual audit around November 1st.  Mr. Bush stated that was correct, we do receive an annual statement. Last year it was at the same time the library was constructing their new facility, so it’s assumed that a larger portion of their fund balance was used towards that construction. 

            Mr. Sabine stated the only time limitation according to the law is that the impact fees collected should be disbursed within six (6) years after collection. 

            Mr. George Hazelton, Library System stated he did not have the financial statements.  With the Fairview Library there was extraordinary funding, it was a brand new facility and everything had to be purchased.  This library currently has 25,838 items.  The Hampton Library, which has been in existence since the 1970’s has 39,343 items.  The Locust Grove Library has 27,904 items.  The McDonough Library has 61,060 items.  The Cochran/Stockbridge Library has 50,124 items.  There is not a particular need for any extraordinary purchases towards Hampton’s collection.  When the parameters are set for a library (the size), staff try’s to project ten (10) years down the road so the building is not obsolete to soon.  A library should open with only about one third of the shelves full to allow for future expansion. 

            The practice with impact fees has been to spread them equally throughout the county as evenly as possible to all the districts and libraries.  Do to the budget cuts from the State, impact fees are the funds available for book purchases for this coming year.

            Ms. Palowski, Library System employee stated the State recommendation for materials/books for public libraries is two items per resident of the county or system.  Henry County is at .8, so all of the libraries need more help.  The Hampton Library’s collection is in fairly good shape partly because of private funds from the Fortson Foundation that has supported the collection over the years.  Regarding the library fund balance, with the disbursements for the expansion of the McDonough Library, a lot of the funds were used for that expansion.  In previous years because of the sale of the Sims Street property, the library system invested the funds and the interest was used to make purchases for all the libraries.  Nothing has been allocated in the budget for materials other than impact fees.  Due to budget cuts, the library system has taken extraordinary measures to avoid having to have layoffs. 

            Chairman Mathis asked if the old Cochran Library building was sold.  Mr. Hazleton stated the building was sold and under the terms of the original request the funds are to be rolled back into the new Cochran Library.  Chairman Mathis asked when the Hampton Library is sold, will those funds be rolled back into the new library.  Ms. Palowski stated that would be a decision of the Library Board.  With the Cochran Library that was the terms of the original request of the Cochran family.

            After further discussion, Commissioner Bowman made the motion to approve the disbursement of Library Impact Fees to the Library Board; Commissioner Holder seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, the Board of Commissioners, by action at their October 7, 2003 meeting, have lawfully adopted an Impact Fee Ordinance in accordance with Georgia law, specifically OCGA 36-71-1, et seq.; AND

WHEREAS, the Board has established a category of system improvements under said Ordinance for Libraries; AND

WHEREAS, the Henry County Library System is the custodian of the public libraries with the County; AND

WHEREAS, the Board desires to assist the County Library System through assistance with collection material new growth needs for the County Library System during current FY 2009-2010; AND

WHEREAS, the Board desires to appropriate available impact fee revenues for the aforementioned public purpose.

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HENRY COUNTY that the Board hereby appropriates $125,000 in Library Impact Fee revenues to the Henry County Library System for collection material new growth needs during current FY 2008-2009, and that the Board directs payment of the aforementioned $125,000 to the County Library System.

Contract with GDOT for acquisition of right-of-way on SR 81 at Lake Dow Road

            Roque Romero, SPLOST Interim Transportation Manager presented the agenda item to the Board.  State Route (SR) 81 at Lake Dow is a designated SPLOST III transportation project.  The Georgia Department of Transportation (GDOT) is currently working on the final design of this project.  In the agreement Henry County agrees to abide by all State and Federal rules, regulations, laws and guidelines when acquiring all necessary right-of-way and/or easements.  With this right-of-way agreement, the construction cost for this project will be eligible for Federal participation. 

            Commissioner Holder asked if it was known the amount of funds that GDOT was providing for this project.  Mr. Romero stated currently there is a record of $289,000 and there are efforts to try and move the funds from the Harris Drive at SR42 into this project.  Commissioner Holder stated those are federal funds that were set aside by Congressman Westmoreland.  Mr. Romero stated that was correct.  Commissioner Holder stated once again there is no GDOT participation on this project and it is a state route.  Mr. Romero stated that was correct.  Mr. Romero stated GDOT will be doing the signalization for this project. 

            Commissioner Stamey stated GDOT had earmarked $600,000 towards this project.  Cheri Matthews, Transportation Director stated there have been approximately three project framework agreements that were sent back and forth to the Board.  Originally it was $600,000 and of that, the County had to provide a 20% match.  The amount drop to $480,000 and again it has dropped to $280,000.  What happens is that if the funds are not spent, when Congress does a review the amount is reduced.  That is the reason there was a request to transfer the funds from the SR42 at Harris Drive to SR81 at Lake Dow because of the decrease in funding.

            Commissioner Stamey made the motion to enter into an agreement with GDOT for acquisition of right-of-way at SR81 and Lake Dow Road; Commissioner Basler seconded.  The motion carried 5-0-0 approving the following resolution:

            WHEREAS, SR81 @ Lake Dow Road is a designated SPLOST III Transportation Project; and

            WHEREAS, Henry County agrees to abide by all state and/or federal regulations, rules, laws, and guidelines when acquiring all necessary right-of-way and/or easements; and

            WHEREAS, with this Right-of Way Agreement, the construction cost of SR81 @ Lake Dow Road will be eligible for Federal Participation;

            NOW, THEREFORE BE IT RESOLVED the Henry County Board of Commissioners approves entering into a contract with Georgia Department of Transportation for the county to acquire right-of-way and authorizes the Chairman of the Board to sign all necessary documents for the Right-Of-Way Contract on SR81 @ Lake Dow Road.

Bid for the construction of Old Conyers Road at Flat Rock Road

            Roque Romero, SPLOST Interim Transportation Manager presented the agenda item to the Board.  Old Conyers Road @ Flat Rock Road is a designated SPLOST II Transportation project.  Sealed bids were solicited and nine bids were received and reviewed.  On July 6th the Board approved the transmittal of the recommended vendor, E. R. Snell Construction, Inc. to GDOT as the lowest bidder.  GDOT concurred with the recommendation.  The request is to award the bid to E. R. Snell Construction in the amount of $989,095.40.  Funding for this project is available from the project account with reimbursements.

            Commissioner Bowman made the motion to award the bid for the construction of Old Conyers Road at Flat Rock Road intersection improvement; Commissioner Basler seconded.  The motion carried 5-0-0 approving the following resolution:

            WHEREAS, Old Conyers Road at Flat Rock Road is a SPLOST II Transportation Project; and

            WHEREAS, sealed bids were solicited for the construction of an intersection improvement; and

            WHEREAS, nine (9) sealed bids were received and reviewed; and

            WHEREAS, funding for this project is available in the project account with reimbursements:

                        SPLOST II Funding                            $1,543,000.00

                        Federal Surface Transportation

                         Program (STP) Funds                       $  791,276.32

                        Total Project Budget                           $2,334,276.32

            WHEREAS, SPLOST recommends the low bidder, E. R. Snell Construction, Inc. in the amount of $989,095;

            NOW, THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners awards Bid Number SB-09-61-062309-1 to E. R. Snell Construction, Inc. for construction of the intersection improvement of Old Conyers Road at Flat Rock Road in the amount of $989,095.40.  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.

Authorization to purchase a used excavator

            Jim Luebbering, Building and Development Services Division Director and Erik Lombard, Stormwater Director presented the agenda item to the Board.  The request is for authorization to purchase a used 2005 Caterpillar Excavator that Stormwater has been renting at $3,100 per month.  The excavator has 1,382 hours, of which, approximately 700 to 800 of those hours were by the Stormwater Department. 

            Erik Lombard stated the department has been renting this equipment for over a year.  If purchased new from the state contract, the cost would be approximately $118,000.  The used price is $66,250 and the funds were included in the fiscal year 2010 budget. 

            Commissioner Holder asked if the equipment had been serviced and checked.  Mr. Luebbering stated it had been checked.  There were inspections and reports required by Fleet Services before it could be signed off on.

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

WHEREAS, the department has been renting the tractor on and off for more than a year and the specialized capabilities of this model have increased the efficiency of the maintenance crews substantially; and,

            WHEREAS, the tractor cost over $118,000.00 new at the “State Contract” price.  The used purchase price of $66,250.00 represents a savings of over $50,000.   Further, the tractor was essentially new when the department began renting it and still has very low hours; and,

            WHEREAS, the used price for this equipment is very competitive compared to similar used models for sale nation wide in recognized trade publications; and,

            WHEREAS, funds are available in the FY10 Stormwater Management Departments budget to complete this purchase; and,

            NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County authorizes purchase of the 2005 model year Caterpillar excavator Model number 312 from Yancey Bros. Inc.  The purchase price shall not exceed $66,250.00.

Amendment to the agreement with Spalding County for use of inmate work details

            Jim Luebbering, Building and Development Services Division Director and Erik Lombard, Stormwater Director presented the agenda item to the Board.  Since January, 2006 the department has been fortunate to have the services of an SCCI Corrections Officer and 8 to 12 trustees from Spalding County to provide manual labor for maintenance projects.  With this request, the proposal is for the addition of a second Corrections Officer so as to split the trustees into two groups which would nearly double the capacity at completing labor intensive maintenance projects at a very modest cost.  The savings is estimated to be for rate payers at $155,000 per year to use the inmate work details as opposed to hiring staff to do the same job. 

            Commissioner Holder made the motion to approve the amendment with Spalding County for use of inmate work details for the Stormwater Department; Commissioner Jeffares seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, on January 1st, 2006, Henry County contracted with Spalding County, Georgia to supply one (1) correctional officer and a maximum of 12 trustees to the Henry County Stormwater  Department to use as labor on maintenance projects; and

WHEREAS, a large backlog of maintenance projects has developed, necessitating the need for additional labor and the division of crews to complete jobs quickly and efficiently; and

WHEREAS, the Stormwater Department is requesting to amend the contract by adding a second correctional officer and operate two separate inmate labor crews with the total cost of the new contract, including salary and fringe benefits equaling $21,600 per quarter.

WHEREAS, Funds are included in the departments approved FY10 budget and the projected cost savings of using the trustee crew .vs. hiring a full time maintenance crew is $155,000.00 annually.

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners hereby authorizes an increase to the Spalding County contract from $10,800.00 per quarter to an amount not to exceed $21,600.00 per quarter.

Authorization to accept the Gerald C. Corcoran Education Grant

            Erik Lombard, Stomwater Director and James Moore, Stomwater Department presented the agenda item to the Board.  The request is for authorization to accept the Gerald C. Corcoran Education Grant from the North American Native Fish Association in the amount of $835.  The funds will be used to set up an educational display that will travel around the county emphasizing native fish of Henry County and stormwater pollution.  There is a match in funding in the amount of $835 that is available in the department’s budget.  The matching funds will be used for the up keep and maintenance for a period of two years.

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

WHEREAS, the Henry County Board of Commissioners will accept the NANFA Gerald C. Corcoran Grant.  The said grant will be used to purchase equipment necessary to construct a pollution prevention educational display.

            WHEREAS, the grant is awarded to Henry County in the amount of $835.00 with a match of $835.00.  The match is budgeted in the Grant Match fund in the current year budget.

            WHEREAS, the Board approves to accept the funds allocated for said grant and to amend FY 2009-2010 budget.

            NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners accepts the North American Native Fish Association’s Gerald C. Corcoran Education Grant and authorizes the Chairman to sign all documentation to accept the grant.

Approval of Minutes

            Commissioner Stamey made the motion to approve the July 20th and July 21st minutes; Commissioner Holder seconded.  The motion carried 5-0-0. 

            Commissioner Jeffares made the motion to approve the August 3rd minutes; Commissioner Stamey seconded.  The motion carried 4-0-1 with Commissioners Jeffares, Basler, Stamey and Holder in favor and Commissioner Bowman abstained due to being absent at the meeting.

County Manager Comments

            There were no comments.

County Attorney Comments

            There were no comments.

Public Comments

            There were no comments.

Upcoming Meetings and Events

1.      Tomorrow, August 18th at 6:30 p.m. Regular Board Meeting

2.      Monday, August 31st at 9:00 a.m. and Tuesday, September 1st at 9:00 a.m. are Regular Board Meetings

3.      Monday, September 7th – Labor Day Holiday / All county offices will be closed in observance

4.      Monday, September 14th at 9:00 a.m. and Tuesday, September 15th 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 Basler seconded.  The motion carried 5-0-0.

(Executive Session was held.)

Commissioner Stamey made the motion to reconvene into Public Session; Commissioner Holder seconded.  The motion carried 5-0-0.

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

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

                                                            Elizabeth “BJ” Mathis, Chairman

 

Shay Mathis, County Clerk