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,
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
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
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.
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.
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
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.
Palowski, Library System employee stated the State recommendation for
materials/books for public libraries is two items per resident of the county or
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 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
with GDOT for acquisition of right-of-way on SR 81 at
SPLOST Interim Transportation Manager presented the agenda item to the Board. State Route (SR) 81 at
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
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
Stamey made the motion to enter into
an agreement with GDOT for acquisition of right-of-way at SR81 and
WHEREAS, SR81 @
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
Romero, SPLOST Interim Transportation Manager presented the agenda item to the
Bowman made the motion to award the
bid for the construction of
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;
THEREFORE BE IT RESOLVED, the
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,
THEREFORE, BE IT RESOLVED, the Board of Commissioners of
Amendment to the
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
Holder made the motion to approve
the amendment with
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
Authorization to accept the Gerald C. Corcoran Education Grant
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
Commissioner Stamey made the motion to accept the grant; Commissioner Holder seconded. The motion carried 5-0-0 approving the following resolution:
WHEREAS, the grant is awarded to
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
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.
There were no 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
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
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.