STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

 

The Henry County Board of Commissioners held a regularly scheduled Public Meeting at 9:00 a.m. on Monday, October 16, 2006, 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:

 

            Jason T. Harper, Chairman, (Absent)

            Gerry Adams, Vice-Chairman, District IV Commissioner, presiding

            Warren E. Holder, District I Commissioner

            Elizabeth (“B.J.”) Mathis, District II Commissioner

            Randy Stamey, District III Commissioner

            Lee Holman, District V Commissioner

 

Also attending were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; LaTonya Wiley, Deputy County Attorney; Michael Harris, Planning and Development Division Director; Terry McMickle, Public Works Division Director; Angie Bailey, Interim Administration Division Director; Michael Sabine, Assistant to the County Manager; Roy Clack, SPLOST/Capital Projects Director; and others.

 

(NOTE: An 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.)

 

Vice-Chairman Adams announced Chairman Harper was hospitalized and he would be chairing the meeting.  He called the meeting to order and asked for an acceptance of the agenda; Commissioner Holman made the motion to approve the Amended Agenda; Commissioner Stamey seconded.  The motion carried unanimously.

 

            PUBLIC SAFETY

 

            Performance Partnership Agreement with GEMA for EMA funding for 2006

 

            The PPA is performance partnership agreement with Georgia Emergency Management in Henry County.  The funds are distributed as the county actively takes a role in the emergency management preparedness.  This requires all training requirements are met and documents submitted.  The award for 2006 is for $2,880.000.

 

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

 

Authorization for the Execution of the Performance Partnership

Agreement with Georgia Emergency Management Agency

 

            WHEREAS, the Henry County Emergency Management Agency serves all the communities of Henry County; and

WHEREAS, the Emergency Management Agency will have direct responsibility for the organization, administration, and operations of the local organization for          emergency management; and

            WHEREAS, the Performance Partnership Agreement, with Georgia Emergency

            Management Agency provides funding to the Henry County Emergency   Management Agency in the sum of $2,880.00.

            NOW THEREFORE, the Henry County Board of Commissioners authorizes the           Chairman to execute the Performance Partnership Agreement with Georgia          Emergency Management Agency on behalf of the Henry County Board of           Commissioners.

 

             

            Contract with TUSA Consulting Services to provide Henry County Emergency Communications re-banding services

 

            The FCC adopted a plan to reconfigure the 800 MHz band to prevent serious interference to public safety radio communications.  Emergency Communications request the authorization to approve 800 MHz rebanding contract with TUSA Consulting.  TUSA Consulting Services will plan, negotiate, and implement the 800 MHz rebanding project as defined by the FCC. The cost of these services will be paid by Nextel. 

 

            Commissioner Holder made the motion to approve; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

 

Approval for Consulting Services with TUSA Consulting Group for the

Development, Negotiations, Implementation for 800 MHZ Radio rebanding

on the Public Safety Communications System

 

WHEREAS, the Henry County Emergency Communications Center provides      emergency communications for all public safety users; and

            WHEREAS, The FCC adopted a plan to reconfigure the 800 MHz band to prevent          serious interference to public safety radio communications. The plan segregates           frequencies used by public safety from those used by Nextel and cellular companies; and

WHEREAS, The current operating public safety frequencies of Henry County    are in the affected band that is in the order issued by the FCC; and

            WHEREAS, TUSA Consulting Services is prepared to assist Henry County        Emergency Communications with the development implementation plan, contract

negotiations, and serve as a consultant for Henry County while negotiating with    Nextel. WHEREAS, The FCC orders, requires Henry County Emergency Communications to submit all cost related issues to Nextel and an implementation plan, subscriber equipment list, and required documents submitted to the Transition Administrator.

NOW THEREFORE, the Henry County Board of Commissioners authorizes the Chairman to execute the consulting contract with TUSA Consulting to provide all rebanding services to Henry County Emergency Communications.

 

            Bid award for the purchase of two motorcycles for the Police Department

 

            The Budget and Procurement Department issued sealed bids for the purchase of two police-duty motorcycles for the Police Department.  Three bids were received.  Harley Davidson of Clayton County was the lowest and most responsive bid.  Funds are available to accomplish this purchase.

 

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

 

Bid Award for the purchase of two motorcycles

For the Henry County Police Department

 

WHEREAS, the Budget and Procurement Department has issued SB 07-07-082306-1 to secure sealed bids for the purchase of two police-duty motorcycles for the Henry County Police Department; AND

 

WHEREAS, three vendors have bid on this product; AND

 

WHEREAS, Harley Davidson of Clayton County was the lowest and most responsive bid for the purchase of these two motorcycles, with a unit price of $14,315 each and a total bid of $28,630 for the two units; AND

 

WHEREAS, funds are available in the county treasury to accomplish this purpose.

 

NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Henry County that the Board hereby awards SB 07-07-082306-01 to Harley Davidson of Clayton County in the total amount of $28,630 for the purchase of two police-duty motorcycles. Pursuant to the bid documents, this unit cost established by the bid shall be held for 180 days in the event any further quantities are needed by the Police Department.

 

BE IT FURTHER RESOLVED by the Board of Commissioners that the Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

 

           

            PUBLIC WORKS

 

            Speed Humps in the Oaks Subdivision

 

            The residents of The Oaks Subdivision signed a petition requesting speed humps.   Henry County DOT verified the addresses of the residents, a Speed Study was conducted and all qualifications were met as set forth by the Speed Hump Ordinance. Henry County DOT recommends installation of the speed humps.

 

            Commissioner Holman made the motion to approve the installation of speed humps in The Oaks Subdivision; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

 

Speed Humps in The Oaks Subdivision

 

WHEREAS, the residents of The Oaks Subdivision have signed a petition in accordance with the Henry County Speed Hump Ordinance; and

WHEREAS, the number of residents signing the petition, meets the required majority; and

WHEREAS, the Henry County DOT staff has verified the address of those residents who signed the petition; and

WHEREAS, the locations for the placement of the speed humps will be reviewed and approved; and

WHEREAS, a speed study was done and all requirements of the ordinance have been met.

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the addition of speed humps in the Oaks Subdivision and authorizes the DOT staff to proceed with the installation.

 

            Bid award for the purchase of concrete drainage pipe

 

            Sealed bids were requested for various concrete pipe items.  Bid notices were issued to seven (7) vendors; two (2) vendors responded.  Staff recommended award to Foley Products as the low bidder.

            Commissioner Holder made the motion to approve; Commissioner Holman seconded.  The motion carried unanimously approving the following resolution:

 

A Resolution Pertaining to the purchase of Reinforced Concrete Pipe

WHEREAS, sealed bids were solicited for the purchase of concrete drainage pipe on a renewable contract basis; and

WHEREAS, two (2) vendors submitted bids for this purchase, as indicated on the attached bid tab: and

WHEREAS, funds are available in the budget of the Department of Transportation for this commodity: materials will be ordered as required for approved projects; and

WHEREAS, departmental personnel recommend award to Foley Products as overall low bidder.

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the contract for the purchase of reinforced concrete pipe to Foley Products; award shall be as a Unit/Price Contract with no fixed quantities; prices shall remain firm for the contract period.  The Chairman is authorized to sign all necessary documents to accomplish this purchase.

 

PLANNING AND DEVELOPMENT

            Appeal of Denial of a Boundary Survey-Nancy Gomez of McDonough, GA – AP-06-12-District III

            Nancy Gomez of McDonough, GA requests an appeal of a denial of a boundary survey for property located on the north side of Green    Circle.  The property is located in Land Lot 11 of the 11th District and Land Lot 11 of the 7th District, consisting of 15.0 +/- acres.  The request was denied by the Development Plan Review Department.  An appeal was submitted to the Development Plan Review Department on September 11, 2006.

            The applicant is appealing the denial of a lot split along the northern side of Green Circle.  The basis for the denial lies in the fact that by approving this lot split, one conforming lot and one non-conforming lot will be created.  The 10.0 +/- acre tract is a conforming lot, but when it is separated from the 15.0 +/- acre lot, it leaves a 5.0 +/- acre lot that is non-conforming.  It is the applicant’s intent to build houses on each of these two lots.

            The reason the 5.0 +/- acre lot is non-conforming is due to the fact that there is no county water available to the site.  According to Section 3-7-143(f) (2), any lot where county water is not available must be a minimum of 200 feet in width.  The 5.0 +/- acre lot, in this case, is only 192.46 feet wide once the 10.0 +/- acre tract is removed.

            Commissioner Stamey stated one of his concerns was fire protection, if there was a fire at the house in the rear of the property, where would the water come from. 

            Nancy Gomez stated the nearest fire hydrant is 100 feet away.  She stated she was told it would cost her over $40,000 to access county water. 

            Commissioner Stamey made the motion to table this appeal for 30 days to allow him to address his concerns with the Water Authority (the applicant was in agreement to this motion); Commissioner Mathis seconded.  The motion carried unanimously.

 

Appeal of Denial of a Boundary Survey-Candace Ledbetter of McDonough, GA – AP-06-13, District I

Candace Ledbetter of McDonough, GA requests an appeal of a denial of a boundary survey for property located on the south side of Cardell Drive.  The property is located in Land Lot 223 of the 2nd District, consisting of 4.9 +/- acres.  The request was denied by the Development Plan Review Department.  An appeal was submitted to the Development Plan Department on September 11th, 2006.

 

The applicant is appealing the denial of a lot split along the southern side of Cardell Drive.  The basis for this denial lies in the fact that by approving this lot split, one conforming lot and one non-conforming lot will be created.  The 3.5 +/- acre tract is a conforming lot, but when it’s separated it leaves a 1.5 +/- acre lot that is non-conforming.  It is the applicant’s intent to build a house on the 3.5 +/- acre tract and there is an existing house, which will be non-conforming, on the 1.5 +/- acre tract.

 

The reason the 1.5 +/- acre lot is non-conforming is due to the fact that it is not 175 feet wide.  According to Section 3-7-143 (f) (2), any lot where county water and access to a paved county road are available, must be a minimum of 175 feet wide at the building line.  The 1.5 +/- acre lot in this case, is only 170.55 feet wide once the 3.5 +/- acre tract is removed.

 

Commissioner Holder stated there was something missing from the plat, and is fairly critical.  Inside the 30 foot deeded right-of-way on the flag lot, is a well and well house that is not shown on the plat.  It appears the well that currently serves the house and the swimming pool area will actually be on the 3.5 +/- acre lot. 

 

Staff stated water service is available to the property.  Commissioner Holder stated water service is available but not being used, the property is being serviced by the well.  Staff stated both houses would have to be serviced by county water; the well would have to be abandoned.

 

Commissioner Holder stated another concern is the driveway is actually encroached upon by the 30 foot easement.  He further stated before considering the request he would like to move the driveway (30 foot easement) to the other side of the property.  By moving the driveway you would not impact the existing well and the encroachment would not be close to the house. (The applicant was not present)

 

Commissioner Holder asked staff to inspect the property to see it the existing well was 50 feet from the property line; with the 30 feet being removed would there still be a 20 feet side setback for the existing house.

 

Commissioner Holder made the motion to table the appeal for 30 days; Commissioner Holman seconded.  The motion carried unanimously.

 

In reference to the previous appeal, Mr. Allen Forgrave, 120 Cardell Drive, stated this is the first time he’s heard the applicant wanted to place a home on the 5 acre lot.  He stated his deed states you can not split the property to do this. He feels there should be only the existing home on the property.  

 

Jerry Flora, 108 Cardell Drive, stated he opposed this request.  He checked his deed and could not find any information stating he could not split the property, but Mr. Walt Bussey owned about 10 or 12 properties, and other neighbors informed him that there was a restriction placed on the properties that they could not be split.  Most of the properties are 3 and 5 acres.

 

Staff stated they would check the deeds for confirmation on whether the property could be split.

 

            Ordinance to repeal a portion of Ordinance #05-16 regarding Stream Buffer Protection

            On July 18, 2005 the Metropolitan North Georgia Water Planning District Model Ordinances for Stormwater were adopted.  In adopting the Model Stream Buffer Protection Ordinances, however, changes were made regarding an additional 25 foot buffer.  Following a recent audit, the EPD advised the County that the adopted Stream Buffer Ordinance was not comparable with the Metropolitan North Georgia Water Planning District Model Ordinance and the additional 25 foot buffer as well as a grandfather provision needed be addressed.

            Staff has amended the ordinance with the changes per the request by the Environmental Protection Division and is recommending approval of the amended ordinance.  All departments related to the concerns of the EPD have been notified, they have responded and the concerns have been addressed and relayed to the EPD for approval.

            Commissioner Holman made the motion to approve; Commissioner Holder seconded.  The motion carried unanimously.

 

            The Annual Update of the Capital Improvements Element & Short Term Work Program

            Julius Ross, Chief Planner, stated this public hearing is for approval to adopt the annual update of the Capital Improvements Program and the Short Term Work Program.  The Short Term Work Program is a list of projects that have been designed to achieve the goals of the Comprehensive Plan 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. 

This update also includes a status report of the projects.  Various departments met to determine the status of their related projects.  There has been a regional review by the Atlanta Regional Commission and the Department of Community Affairs.  Staff is recommending approval to submit the adopted resolution to DCA to complete the compliance for Qualified Local Government Status regarding the Comprehensive Planning Department.

Vice-chairman Adams called for public comments regarding this item; there was no response.

There was discussion regarding the process for removing projects from the list.

Commissioner Holman made the motion to adopt the STWP/CIE; Commissioner Holder seconded.  The motion carried unanimously.

 

ADMINISTRATION

 

Amendment to the lease agreement with the U. S. Department of Agriculture

 

Henry County has leased office space at 33 Phillips Drive to the USDA Agency for 10 years.  This lease is renewed every five (5) years, and with this request for renewal, the USDA is requesting the County reevaluate the total square footage being leased. 

On June 5, 2006, the Board of Commissioners approved a resolution to amend the USDA lease to reduce the usable square footage by 937 square feet because their Rural Development Department moved out.  Since June, 2006 there have been discussions regarding federal guidelines excluding common areas, such as hallways, bathrooms, etc. when calculating usable square footage.

 

They are requesting the total usable square footage be calculated as 2,652 at $8.00 per square foot, thereby decreasing the annual rental fee from $26,536.00 to $21,216.00 effective beginning October 1, 2006 through September 30, 2011.

 

Commissioner Holder made the motion to approve the lease agreement with the amended rate of $21,216.00 annually; Commissioner Holman seconded.  The motion carried unanimously approving the following resolution:

 

AMENDMENT TO A LEASE AGREEMENT WITH U.S. DEPARTMENT OF AGRICULTURE FOLLOWING REEVALUATION OF LEASED SQUARE

FOOTAGE AND TO EXTEND THE LEASE FOR AN ADDITIONAL FIVE (5) YEARS

 

WHEREAS, the Henry County Board of Commissioners leases office space at 333 Phillips Drive, McDonough, Georgia to the U.S. Department of Agriculture; and

WHEREAS, the County Executive Director of the U.S. Department of Agriculture requested an extension of the lease along with a reevaluation of current leased space; and

WHEREAS, in accordance with Federal guidelines common areas such as hallways, bathrooms, etc. are excluded from the calculation of square footage; and

WHEREAS, following a recalculation of square footage, the current square footage leased by the U.S. Department of Agriculture is 2,652 for an annual total rental fee of $21,216.00; and

WHEREAS, the U.S. Department of Agriculture desires to amend this lease effective October 1, 2006 and extend the lease through September 30, 2011.

NOW, THEREFORE BE IT RESOLVED the Henry County Board of Commissioners approves the U.S. Department of Agriculture Lease Amendment and Extension Agreement for the term beginning October 1, 2006 through September 30, 2011 and authorizes the Chairman to sign all necessary documents to amend this lease.

 

Renewal of a grant for Transit Capital Improvements Assistance and Transit

Operating Assistance

 

            Pursuant to FTA Section 5311, GDOT offers Equipment and Operating Assistance to rural and small urban transit programs.  Henry County has been a participant in this program for the last 15 years.  Henry County will be eligible for reimbursement, not to exceed $517,818.00, operating assistance for 2007-2008.  Local support in the amount of $534,799.00 (funds are budgeted for the county’s share of normal operations).  Also included is three (3) replacement vehicles valued at $127,500.00 for a cost share to the county of $12,750.00 (which is included in the $534,799.00 local share).  The Transit Department provides an average of approximately 5,800 total passenger trips per month.

 

            Commissioner Holder made the motion to approve; Commissioner Holman seconded.  The motion carried unanimously approving the following resolution:

 

APPLICATION PACKAGE FOR

GEORGIA DEPARTMENT OF TRANSPORTATION

GRANT FOR PUBLIC TRANSPORTATION ASSISTANCE– SECTION 5311

 

WHEREAS, the Georgia Department of Transportation has agreed to apply for renewal of the Section 5311 GRANT  for Transit Capital Improvement Assistance and Transit Operating Assistance for Henry County Board of Commissioners (d.b.a., Henry County Transit) for rural public transportation; for the 18 month period of January 1, 2007 thru June 30, 2008;

WHEREAS, Henry County Board of Commissioners can receive three (3) 16 passenger Goshen II vehicle with wheelchair lift valued at $127,500.00;

WHEREAS, Henry County Board of Commissioners must provide a local match of $534,799.00;

WHEREAS, Henry County Board of Commissioners can potentially collect up to $517,818.00 in reimbursements;

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners agrees to apply for GA DOT Section 5311Transit Capital Improvement Assistance and Transit Operating Assistance.

GRANTS ADMINISTRATION

Council of Juvenile Court Judges grant for contract services for psychological evaluations of juveniles in the court system

 

            Henry County Juvenile Court has been receiving grant awards each year from the Council of Juvenile Court Judges for approximately nine years.  The purpose of this grant award is to provide psychological and psychosexual evaluations for juveniles who enter the court system and also to provide counseling in the particular area of individual need for the juvenile.

            The maximum award for this grant cycle is $5,000.  There are no matching funds required.

            Commissioner Stamey made the motion to approve; Commissioner Holder seconded the motion carried unanimously approving the following resolution:

A RESOLUTION OF THE HENRY COUNTY BOARD OF COMMISSIONERS

FOR THE PURPOSE OF AUTHORIZING THE ACCEPTANCE OF A COUNCIL OF JUVENILE COURT JUDGES GRANT FOR CONTRACT SERVICES FOR PSYCHOLOGICAL EVALUATIONS OF JUVENILES IN THE COURT SYSTEM

 

WHEREAS, the Henry County Juvenile Court provides psychological and psychosexual evaluations of juveniles in the court system; and,

WHEREAS, the evaluations are provided through contract services; and,

WHEREAS the Council of Juvenile Court Judges has awarded Henry County a $5000.00 grant for the purchase of such contract services; and,

WHEREAS, there are no matching funds required for this grant;

NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners authorizes the acceptance of the Council of Juvenile Court Judges $5,000.00 grant and authorizes the Chairman to sign the grant contract and amend the budget based on the grant amount.

 

Grant from the Governor’s Office of Highway Safety for H.E.A.T. DUI Task Force

 

            The Henry County Police Department established a Highway Enforcement of Aggressive Traffic (HEAT) DUI Task Force in 2005 with the assistance of a grant from the Governor’s Office of Highway Safety.  A second grant was received last year to continue the program, and this will be the third year the County has received a Governor’s Office of Highway Safety grant for the HEAT program.

 

            The $135,200.00 grant will be used to pay the salaries and benefits of a Sergeant and three police officers, and for training, Nextel communication devices and service, Tint Meters, and an Intox 5000 testing machine.

 

            The sole purpose of the HEAT Unit is strict enforcement of Georgia’s DUI laws, traffic laws, and occupant safety laws.  Their focus is to develop and implement ways to reduce impaired driving, speed-related injuries and fatalities, and educate the community on occupant safety within Henry County.

 

            The grant is completed funded through the Governor’s Office of Highway Safety, and there are no matching funds required.

 

            Commissioner Holder commented he spoke with Chief Abernathy regarding this program and the Chief speaks very highly of this program and its effectiveness.

 

            Commissioner Mathis made the motion to approve; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

 

A RESOLUTION OF THE HENRY COUNTY BOARD OF COMMISSIONERS

FOR THE PURPOSE OF AUTHORIZING THE ACCEPTANCE OF A GOVERNOR’S OFFICE OF HIGHWAY SAFETY GRANT FOR $135,200 FOR THE H.E.A.T. DUI TASK FORCE

 

WHEREAS, the Henry County Police Department established a Highway Enforcement of Aggressive Traffic (H.E.A.T.) DUI Task Force in 2005 with the assistance of a Governor’s Office of Highway Safety (GOHS) grant ; and,

WHEREAS, Henry County has been awarded another GOHS grant of $135,200.00 for the HEAT program; and,

WHEREAS, the four officers in the Task Force are used solely for the purpose of strict enforcement of Georgia’s DUI laws, traffic laws, and occupant safety laws; and,

WHEREAS, their focus is to develop and implement ways to reduce impaired driving, speed-related injuries and fatalities, and educate the community on occupant safety within Henry County; and,

WHEREAS, there are no matching funds required for this grant;

NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners authorizes the acceptance of the Governor’s Office of Highway Safety grant and authorizes the Chairman to sign the grant contract and amend the budget based on the grant amount.

 

FINANCE

            Bid Award regarding a request for proposal for banking services

            Henry County has had the same banking vendor for 12 years.  In order to ensure the highest degree of safety for the County’s financial assets, while at the same time managing the County’s banking relations in a cost efficient manner, in April the Board approved seeking a Request for Proposals (RFP) for banking services.

            The RFP was sent to 11 vendors, with five (5) banks sending back bids on the RFP.  Based on this evaluation process, SunTrust and Wachovia were the two (2) highest-ranking vendors, and were invited to make oral presentations.  Following the presentations, the County Manager and staff recommended award of the RFP to Wachovia.

            The initial term of the contract approved will be for a period of approximately three (3) years from the date of award.  The County may, at its discretion and with the written consent of the vendor, renew this contract for two (2) more additional terms of one (1) year each.

            Commissioner Holder made the motion to approve; Commissioner Holman seconded.  The motion carried unanimously approving the following resolution:

 

A RESOLUTION OF THE

HENRY COUNTY BOARD OF COMMISSIONERS

FOR THE PURPOSE OF AUTHORIZING

THE ACCEPTANCE OF A REQUEST FOR PROPOSAL

 FOR BANKING SERVICES FROM WACHOVIA

 

WHEREAS, in order to ensure the highest degree of safety for Henry County’s financial assets, while at the same time managing the County’s banking relations in a cost-efficient manner, in April 2006 the Board of Commissioners approved seeking a Request for Proposals for banking services; and,

 

WHEREAS, the RFP was sent to 11 banks, with five (5) banks sending in bids; and,

 

WHEREAS, the bids were evaluated based on prices, quality and ranges of service offerings and other criteria; and,

 

WHEREAS, the two (2) highest-ranking banks, SunTrust and Wachovia, were invited to make oral presentations; and,

 

WHEREAS, following the presentations, the County Manager and staff recommend award of the RFP to Wachovia;

 

NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners authorizes the acceptance of a Request for Proposal for Banking Services from Wachovia.

 

            Authorization to finance $260,000.00 through Citicapital for the purchase of vehicles for HCSO Resource Officers

            The Henry County Sheriff’s Office provides ten (10) School Resource Officers for the Henry County School System.  The School System provides $350 per month, per officer for vehicle expenses.  The Sheriff would like to upgrade the vehicles using the $350 per month, per officer for payment of the new vehicles.

            Commissioner Holman made the motion to approve; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

A RESOLUTION OF THE

HENRY COUNTY BOARD OF COMMISSIONERS

FOR THE PURPOSE OF AUTHORIZING

THE FINANCING OF $260,000.00 THROUGH CITICAPITAL FOR

 THE PURCHASE OF TEN (10) VEHICLES

FOR HCSO SCHOOL RESOURCE OFFICERS

 

WHEREAS, the Henry County Sheriff’s Office provides ten (10) School Resource Officers to the Henry County School System; and,

 

WHEREAS, the officers are in need of new vehicles; and,

 

WHEREAS, financing for the $260,000.00 needed to purchase ten (10) 2007 Ford Crown Victoria’s has been secured through Citicapital for 87 months at 4.295 percent; and,

 

WHEREAS, payments will be $3,500.00 a month and will be paid through a $350 per month per officer payment made by the Henry County School System;

 

NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners authorizes the financing of $260,000.00 through Citicapital for the purchase of ten (10) vehicles for the School Resource Officers and approves all budget amendments or transfers necessary for proper accounting of this resolution.

 

            Authorization of financing through a lease purchase for vehicles for various departments

 

            The Henry County Police Department, Fire Department, Parks and Recreation, and Department of Transportation have vehicles of which their age and high mileage have made them more expensive to repair than they are worth, and they need to be replaced.  Increases in road patrol personnel in the Police Department have also made it necessary to provide more patrol vehicles.

 

            Commissioner Holder made the motion to approve; Commissioner Holman seconded.  The motion carried unanimously approving the following resolution:

 

A RESOLUTION OF THE

HENRY COUNTY BOARD OF COMMISSIONERS

FOR THE PURPOSE OF AUTHORIZING

THE FINANCING OF $1,700,000.00 THROUGH CITICAPITAL

 FOR THE PURCHASE OF VEHICLES

 

WHEREAS, the Henry County Police Department, Fire Department, Parks and Recreation, and Department of Transportation have vehicles of which age and high mileage have made more expensive to repair than they are worth; and,

WHEREAS, increases in road patrol personnel in the Police Department makes it necessary to provide more patrol vehicles; and,

WHEREAS, financing for the $1,700,000.00 needed to purchase new vehicles for these departments has been secured through Citicapital for two (2) years at 4.295 percent; and,

WHEREAS, funds for the purchase will come from the Lease/Purchase Fund and is deems an appropriate expenditure of the money;

NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners authorizes the financing of $1,700,000.00 through Citicapital for the purchase of vehicles and approves all budget amendments or transfers necessary for proper accounting of this resolution.

            ASSISTANT TO THE COUNTY MANAGER

            Approval to accept a donation of real property adjacent to Hidden Valley Park

            Mr. J. H. Thurman and Mrs. Sarah Clary have offered to donate 3.4 +/- acres of real property (Parcel ID 045-01024001) adjacent to Hidden Valley Park.

            Commissioner Holman made the motion to accept the donation of real property adjacent to Hidden Valley Park; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

A Resolution of the Board of Commissioners Accepting

 the Donation of Certain Real Property for Hidden Valley Park

 

WHEREAS, the Board of Commissioners is the custodian of facilities and real property of Henry County, Georgia; AND

WHEREAS,    Mr. J. H. Thurman and Mrs. Sarah Clary, survivor to Mr. J.D. Clary, have offered the donation of certain real property comprising of 3.4+/- acres adjacent to Hidden Valley Park as an addition to this park; AND

WHEREAS,    the Board of Commissioners appreciates the proposed donation of this property, which borders Hidden Valley park on two sides; AND

WHEREAS,    the Board of Commissioners desires to accept this donation of property.

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS that the Board hereby accepts with thanks the donation of 3.4+/- acres of real property from J.H. Thurman and Sarah Clary and expresses their appreciation to them for this donation.

BE IT FURTHER RESOLVED that the Board of Commissioners directs the County Attorney to issue the appropriate letter acknowledging the donation of this property, which is presently assessed on the county tax rolls at $33,700.

           

Request approval of a resolution to execute a lease agreement for portions of 40 Atlanta Street building to the City of McDonough/McDonough Municipal Court

This request originally initiated from a letter from Mayor Copeland to the County Manager, to use a portion of the vacated State Court Building at 40 Atlanta Street for the City of McDonough’s Municipal Court operations. This request is for a period of time while renovations to the McDonough Municipal Court building on Macon Street (Highway 23/42) are being completed.  It is anticipated the renovations/reconstruction will take approximately 12 to 15 months to complete. 

Under this intergovernmental lease agreement, allowing the McDonough Municipal Court to use a portion of the State Court Building with an initial term of one (1) year with up to an additional 5 months, subject to approval by the County.  The Municipal Court would be using Court Room B and some of the office space previously occupied by the Clerk of State Court. 

The maintenance and the up keep of the inside of the building will be paid for by the City of McDonough.  Major structure repairs will be paid for by the county.  Utilities and the interior maintenance will be paid by the City of McDonough for the area they will be occupying. 

Commissioner Mathis asked for clarification on the rent for use of the building.  Staff confirmed there is no rent charge.  Commissioner Mathis stated considering the fact that the county is in need of space, was there any other use the county has currently for this space.  Staff stated at this time there is not an immediate use for the building, however by the end of the lease agreement there will be a need to expand.

Commissioner Mathis commented as a government, we are not allowed to give something away that belongs to the county.  It seems, in this particular instance, we are giving something to another government entity that is only benefiting a small portion of the citizens of Henry County, but not the county as a whole.  This is a revenue generated court room for the City of McDonough and a lease agreement was previously approved with the USDA, can we grant another government entity the ability to use a county building without charging a rental fee.

The County Attorney responded we can; only because the City of McDonough has agreed to do some minor upgrade and this can be applied as rent. 

After further discussion, Commissioner Stamey made the motion to approve the lease agreement; Commissioner Holder seconded.  The motion carried unanimously.

           

 

SPLOST/CAPITAL PROJECTS

Budget amendment to transfer funds from Campground Road Extension to unallocated sales tax

This budget amendment is needed to continue funding for upcoming SPLOST projects.  Currently there is approximately $1.2 million in unallocated fund balance.  In May, 2006 the Board moved $2.9 million out of construction from the Campground Road Extension, to unallocated funds.  This budget amendment would move $4,000,000.00 from Campground Road Extension to SPLOST II Unallocated Funds.

Vice-Chairman Adams stated SPLOST Sales Taxes are currently more than projected.  Staff stated there is a cap on SPLOST II Funds ($140 million), even though the amount of revenue we are receiving is ahead of schedule, we don’t have more to spend we are spending it sooner.

Commissioner Mathis made the motion to approve; Commissioner Holman seconded.  The motion carried unanimously approving the following resolution:

SPLOST RESOLUTION FOR A BUDGET AMENDMENT TRANSFERRING FUNDS FROM CAMPGROUND ROAD EXTENSION TO

SPLOST II UNALLOCATED SALES TAX

WHEREAS, additional funds are needed for construction of some remaining SPLOST II projects; and

WHEREAS, based on Board approval, Campground Road Extension has been deferred and excess funds are remaining; and  

WHEREAS, a budget amendment would transfer a portion of funds from this project to SPLOST II Unallocated making funding available for current projects; and

WHEREAS, budget amendment would move $4,000,000.00 from Campground Road Extension to SPLOST II Unallocated Sales Tax; and

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a budget amendment in the amount of $4,000,000.00 from Campground Road Extension to SPLOST II Unallocated Sales Tax. All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

 

            Bid Award and budget amendment for the widening and paving of Twin Oaks Drive/Carl Parker Road

            Twin Oaks Drive/Carl Parker Road are two dirt roads that were originally budgeted for an alternative paving (straitening of the roads and paving).  Staff felt this was not appropriate for this project.  The project was bided and seven (7) sealed bids were received.  Cummings Grading was the low bidder in the amount of $1,240,515.00.  A budget amendment is needed in the amount of $1,607,090 for a total project budget in the amount of $1,857,515.00.

            Commissioner Mathis made the motion to award the bid to Cummings Grading in the amount of $1,240,515.00 and to authorize a budget amendment in the amount of $1,607,090 for the increased construction and related cost, making the total project budget $1,857,515.00; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

SPLOST RESOLUTION FOR A BUDGET AMENDMENT

AND TO AWARD THE PROPOSAL

 FOR THE WIDENING AND PAVING OF

 TWIN OAKS/CARL PARKER ROAD

 

WHEREAS, Twin Oaks Drive/Carl Parker Road is a SPLOST II Designated project which previously was budgeted as an alternative paving project; and

WHEREAS, sealed bids were solicited; and

WHEREAS,    SPLOST Management  received seven (7) sealed bids for the widening and paving to Twin Oaks Drive/Carl Parker Road; and

WHEREAS, a budget amendment is needed to cover the increased construction and related cost in the amount of $1,607,090.00 making the total project budget $1,857,515.00; and

WHEREAS, funding for this budget amendment is available in SPLOST II Unallocated Sales Tax; and

WHEREAS, SPLOST Management recommends the low bidder, Cummings Grading in the amount of $1,240,515.00; and

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a budget amendment and the proposal of Cummings Grading and authorizes the Chairman of the Board to sign all necessary documents for the widening and paving of Twin Oaks Drive/ Carl Parker Road. All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

 

            Bid award and budget amendment for improvements and paving on Stone Road

            Staff stated there were some concerns with this bid award regarding the vendor.

            After further discussion, Commissioner Mathis made the motion to table this item to the October 17th agenda for further discussion with staff; Commissioner Holman seconded.  The motion carried unanimously.

            Authorization to decline the bids for the intersection improvement of North Mt. Carmel Road at Jonesboro Road and authorize SPLOST to re-bid this project

            This project was a SPLOST I project that was moved from Farmer Drive.  After sealed bids were solicited, SPLOST Management received only one (1) bid.  The bid exceed the construction budget.  SPLOST management requested the Board decline the bid due to non-competitive price and authorize SPLOST Management to re-bid the project.

            Commissioner Mathis made the motion to decline the bid and authorize SPLOST to re-bid the project; Commissioner Stamey seconded.  The motion carried unanimously.

 

            APPROVAL OF MINUTES

            October 2, 2006 Regular BOC Meeting Minutes

            Commissioner Mathis made the motion to approve; Commissioner Holman seconded.  The motion carried unanimously.

 

            COUNTY MANAGER COMMENTS

            There were none.

 

            COUNTY ATTORNEY COMMENTS

            Annexation by the City of McDonough for 1.33 +/- acres located in Land Lot(s) 192 of the 7th District.  The proposed zoning per annexation is C-2 (Central Commercial District).  This is part of the Westridge Development.

            Commissioner Mathis made the motion the City of McDonough consider the conditions of the overlay district pertaining to this property; Commissioner Holman seconded.  The motion carried 3-0-0 (Commissioner Holder was out of the room for the vote)

            PUBLIC COMMENTS

            There were no public comments.

 

            UPCOMING MEETINGS OF THE BOARD:

 

11/06/06          Monday           9:00 a.m.          Regular Board of Commissioners’ Meeting

 

11/07/06          Tuesday           9:00 a.m.          Regular Board of Commissioners’ Meeting

 

11/20/06          Monday           9:00 a.m.          Regular Board of Commissioners’ Meeting

 

11/21/06          Tuesday           6:30 p.m.          Regular Board of Commissioners’ Meeting

 

12/04/06          Monday           9:00 a.m.          Regular Board of Commissioners’ Meeting

 

12/05/06          Tuesday           9:00 a.m.          Regular Board of Commissioners’ Meeting

 

            EXECUTIVE SESSION:

 

Commissioner Holman made the motion to adjourn into Executive Session at 10:00 a.m., in accordance with the provisions of O.C.G.A. 50-14-3, and other applicable laws, and pursuant to advice by Patrick Jaugstetter, the County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters; Commissioner Stamey seconded.  The motion carried unanimously.

 

                                    (An Executive Session was held.)

 

 

Commissioner Mathis made the motion to reconvene into Public Session; Commissioner Holman seconded. The motion carried unanimously.

 

Commissioner Holman made the motion to authorize the Chairman to sign the affidavit of the Executive Session; Commissioner Stamey seconded. The motion carried unanimously.

 

Commissioner Mathis made the motion to adjourn; Commissioner Holman seconded. The motion carried unanimously.

 

 

                                                            Gerry Adams, Vice-Chairman

 

 

Shay Mathis, County Clerk