STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Public Meeting at 9:00 a.m. on Monday, November 5, 2007, 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,

          Warren E. Holder, District I Commissioner

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

          Randy Stamey, District III Commissioner

          Reid A. Bowman, District IV Commissioner

Johnny B. Basler, District V Commissioner

 

Also attending were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Rob Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant County Manager; Mike Bush, Finance Director; Michael Harris, Planning & Zoning Services Division Director; Jim Luebbering, Building Development & Environmental Services Division Director; Angie Bailey, Social 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 Harper called the meeting to order and called for acceptance of the agenda.  Commissioner Holder made the motion to approve the agenda; Commissioner Mathis seconded.  The motion carried unanimously.

Presentation of “Outstanding Planning Document Award for the Comprehensive Transportation Plan”

          Michael Harris, Planning & Zoning Services Division Director, publicly thanked Cheri Hobson-Matthews for her work on the Transportation Plan.  Cheri took over the plan in mid-stream and was able to coordinate with numerous partners, municipalities and other agencies to work towards completing Henry County’s first Joint Comprehensive Transportation Plan.  In July of this year, Henry County submitted transportation plans to the Georgia Planning Association for consideration as one of the year’s outstanding planning documents and in September, staff was notified that Henry County’s plan had received the award.

Mr. Dan Reuter, with the Georgia Planning Association presented the Outstanding Planning Document Award for the Comprehensive Transportation Plan to Cheri Hobson-Matthews, Transportation Planning Director and Henry County Government.  Mr. Reuter stated in terms of the transportation document Henry County has broken the mold. 

Kindness Week

          Chairman Harper read the following resolution into the record.

WHEREAS, Henry County, Georgia (“County”) is a public body, corporate and politic, duly chartered as a municipal corporation and existing under the laws of the State of Georgia; and

WHEREAS, Random Acts of Kindness are the expression of our empathy and compassion for one another; and

WHEREAS, the County’s annual “Kindness Works, Pass It On” week-long celebration is in conjunction with National Kindness Week commencing on Monday, November 12, 2007 and continuing through Sunday, November 18, 2007; and

WHEREAS, Henry County, Georgia, will celebrate acts of kindness by encouraging schools, churches, employees and community groups to participate in “Kindness Works, Pass It On” week.

THEREFORE, IT IS NOW RESOLVED BY THE BOARD OF COMMISSIONERS OF HENRY COUNTY, GEORGIA, AS FOLLOWS:

1.     Proclamation of Kindness Week.  The Board of Commissioners of Henry County, Georgia do hereby proclaim the week of November 12, through November 18, 2007, as “Kindness Works, Pass It On” week and urge all of the County’s residents to join us in celebrating and performing acts of kindness during the week of November 12, 2007 through November 18, 2007.

2.     Public Purpose.  The County finds that the foregoing actions constitute a major step in preserving the health, well being and economic vitality of the community and are, therefore, consistent with its public purposes and powers.

3.     Severability.  To the extent any portion of this Resolution is declared to be invalid, unenforceable, or nonbinding, that shall not affect the remaining portions of this Resolution.

4.     Repeal of Conflicting Provisions.  All County resolutions are hereby repealed to the extent they are inconsistent with this Resolution.

5.     Effective Date.  This Resolution shall take effect immediately.

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

 

Local Legislation authorizing a 4th Judge for State Court

          Patrick Jaugstetter, County Attorney, presented the agenda item to the Board.  A draft of local legislation authorizing a 4th Judge for the State Court was presented for consideration.  The court calendar continues to grow and the need has arisen to create a 4th judge position.  This position is created by the Legislature at the request of the local legislative delegation.  Judge Ben Studdard, Chief Judge of State Court and Chuck Spahos, State Court Solicitor were present and presented to the Board the justification for the requested position.

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

          WHEREAS, the State Court of Henry County is currently presided over by three Judges; and

          WHEREAS, due to ever increasing case loads and dockets, the need for a fourth State Court Judge has arisen; and

          WHEREAS, such Judgeship must be created by the Georgia Legislature; and

          WHEREAS, the Board of Commissioners of Henry County desires, by this resolution, to express its support for the creation of a fourth Judgeship for the State Court of Henry County, Georgia;

          NOW THEREFORE, BE IT AND IT IS HEARBY RESOLVED that the Board of Commissioners of Henry County supports the creation of a fourth Judgeship for the State Court of Henry County, Georgia and requests that its legislative delegation submit legislation during the 2008 legislative term to accomplish such purpose.

Amendment to the County Code regarding proceeds from the collection of Hotel/Motel Taxes

          Mike Bush, Finance Director, presented the agenda item to the Board.  From time to time, the State of Georgia amends the Georgia Code of Ordinances.  The Georgia Department of Community Affairs is requesting that Henry County adopt the requested amendment associated with OCGA § 48-13-51(a)(3) regarding the proceeds for the collection of the hotel/motel tax.

          Chairman Harper called for public comments from anyone wishing to speak regarding the requested amendment to the County Code; there was no response.

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

WHEREAS, from time to time, the State of Georgia will make changes to its laws and regulations; and,

 

WHEREAS, since Henry County is a part of the State of Georgia, we are requested to adopt amendments pertaining to those changes; and,

 

WHEREAS, the Georgia Department of Community Affairs is requesting that Henry County adopt an amendment associated with OCGA §48-13-51(a)(1) dealing with the proceeds from the collection of the hotel/motel tax; and,

 

WHEREAS, the amendment shall add Section 3-3-69.5 Proceeds of the Tax: The proceeds of this tax shall be used in accordance with OCGA §48-13-51(a)(3), to Chapter 3-3, Article IV – Excise tax on rooms, lodgings and accommodations;

 

NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners authorizes the adoption of the amendment.

 

Authorization for Streetlights

          Bert Foster, Planner II, presented the agenda item to the Board.  An application was received for the creation of streetlight districts.  The five requests have met the requirements of the Ordinance and staff recommended approval of the streetlight districts.

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

WHEREAS, the owners of the following subdivisions have applied for the creation of streetlight districts:

 

·        Old Conyers Estates, Phase I, 5 lights, 12 lots, Snapping Shoals EMC, District 4

·        Traditions at Crystal Lake, 20 lights, 107 lots, Georgia Power, District 2

·        The Cloister at Crystal Lake, 14 lights, 64 lots, Georgia Power, District 2

·        Keys Cove, 6 lights 12 lots, Snapping Shoals EMC, District 1

·        Farris Park, Phase I-A, 25 lights, 69 lots, Georgia Power, District 2

 

WHEREAS, all County and State requirements for a public hearing have been met; and

 

WHEREAS, the Development Plan Review Staff for Henry County has reviewed the requests and submitted reports that are part of the public record; and

 

WHEREAS, the Development Plan Review Staff have reviewed and recommended approval of the requests; and

 

NOW, THEREFORE, BE IT RESOLVED THAT the Board of Commissioners of Henry County approves the requests for new streetlight districts.

 

Bid for the purchase and installation of In-Car Video Systems for the Police Department

          Major Danny Butler, Police Department, presented the agenda item to the Board.  The request is for authorization to accept the bid to purchase and install in-car video systems.  Staff recommended the bid be awarded to East Georgia Communications.

          Commissioner Holder made the motion to award the bid to East Georgia Communications; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

          WHEREAS, sealed bids (SB-08-19-092007-1) were solicited for the purchase and installation of in-car video systems for the Police Department; and,

 

          WHEREAS, six (6) vendors submitted bids for this purchase, as indicated on the attached bid tab; and,

 

          WHEREAS, funds are available in the Capital Equipment account to complete this purchase; and,

 

          WHEREAS, East Georgia Communications has submitted the lowest and most responsive bid for the purchase and installation of in-car video systems on Police vehicles; Police Department personnel recommend award to East Georgia Communications.

 

          NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-08-19-092007-1 to East Georgia Communications in the total amount of $111,875.00 for the purchase and installation of in-car video systems on Police vehicles.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

 

Bid for the purchase and installation of emergency vehicle lights and accessories for the Police Department

          Major Danny Butler, Police Department, presented the agenda item to the Board.  Bids were issued to twenty (20) area vendors and seven (7) vendors submitted bids.  Staff recommended the bid be awarded to West Chatham Warning Devices, Inc. as the lowest most responsive bid.

          Commissioner Stamey made the motion to award the bid to West Chatham Warning Devices, Inc.; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, sealed bids (SB-08-18-091907-1) were solicited for the purchase and installation of emergency vehicle lights and accessories for the Police Department ; and,

 

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

 

          WHEREAS, funds are available in the Capital Equipment account to complete this purchase; and,

 

          WHEREAS, West Chatham Warning Devices, Inc. has submitted the lowest and most responsive bid for the purchase and installation of lights and accessories on Police vehicles; departmental personnel recommend award to West Chatham Warning Devices, Inc.

 

          NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-08-18-091907-1 to West Chatham Warning Devices, Inc. in the total amount of $112,814.50 for the purchase and installation of emergency lights and accessories on Police vehicles.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

 

Acceptance of a grant for the Family Concepts/WAIT and GRIP Programs

          Larry Stanford, Grant Administrator, presented the agenda item to the Board. Henry County Juvenile Court Services provides youth and their parents vital keys to successful relationships through its Family Concepts/WAIT program and GRIP (Gang Resistance and Intervention Program).  In 2006-2007, Henry County received $85,000.00 in first year funding.

          In 2007-2008, Henry County received second year funding of $85,000.00 through quarterly releases.  Staff recommended authorization for the Chairman to sign the necessary documents and approve the matching funds and budget amendment.

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

WHEREAS, Henry County Juvenile Court Services provides youth and parents vital keys to successful relationships through Family Concepts/WAIT and GRIP programs; and,

 

WHEREAS, the Children and Youth Coordinating Council has awarded Henry County $37,020.00 for the second quarter funding from October to December 2007; and,

 

WHEREAS, a match of $15,228.00 is required, with $8,175.00 from in-kind services and $7,053.00 from County match funds; and,

 

NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners authorizes the acceptance of the Children and Youth Coordinating Council’s $37,020.00 grant, approves the grant match, and authorizes the Chairman to sign the grant contract and amend the budget based on the grant amount.

 

Acceptance of a Community Services Block Grant for Senior Citizens of Henry County

          Susan Craig, Senior Services Director, presented the agenda item to the Board.  On July 16, 1007, the Board authorized the application for FY 2007-2008 Community Service Block Grant (CSBG) funds.  Henry County received an award of $81,263 for services provided to in-home clients for information and referral, case management, in-home personal support, and home delivered meals.  Staff requested authorization to accept the funds.

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

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

 

          WHEREAS, Henry County Senior Services desires to accept the Georgia Department of Human Resources’ contract for Community Services Block Grant funds in the amount of $81,263.00 in order 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 contract between the Georgia Department of Human Resources 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.

 

Bid for the installation of a traffic signal at the Henry Parkway Connector / SR 155 intersection

          Terry McMickle, Public Works Division Director presented the agenda item to the Board.  This project began after a local business expressed interest in expediting the installation of the requested traffic signal.  There were meetings with the ALPLA, the Georgia Department of Transportation (GaDOT) and the City of McDonough.  Initially the cost estimate for the project was $125,000.00.  At that time, ALPLA agreed to contribute $30,000.00, GaDOT declined to participate and the City of McDonough agreed to contribute $30,000.00 towards the project leaving the County’s contribution at $65,000.00. 

          Bids were solicited and two (2) vendors submitted bids with the low bidder being Atcheson Electrical Contractors, Inc. in the amount of $80,589.00.  In addition to the signal curbing, concrete and ADA ramps will also have to be installed bringing the total cost of the project to approximately $98,000.00. This information was given to ALPLA and they responded they would reduce their contribution to $20,000 because of the actual cost of the project.  City of McDonough’s contribution remained the same.

          Commissioner Mathis stated in the future that staff really should consider bidding some of the small jobs for projects instead of using vendors on the state contract to allow local companies the opportunity to bid on the project.

          After further discussion, Commissioner Holder asked staff to contact other local businesses that will be affected by the improvements of the intersection for possible contributions to complete the project.  (A representative for Mercer University was present at the meeting.)

          Commissioner Holder made the motion to table the agenda item for two weeks (the next BOC meeting); Commissioner Stamey seconded.  The motion carried unanimously.

          Mr. McMickle gave an update of the Walker/Highway 155 intersection project. GADOT stated they would explore the possibility of partnering with the county in providing additional funding to assist in improving the box culvert.  The concept phase is complete and the project is currently in the preliminary design phase. 

Commissioner Mathis asked if the intersection could be expected to be under construction by summer, 2008.  Mr. McMickle responded that could probably happen.

Presentation by the Cornerstone Communications Group regarding Henry County Legislative Affairs Plan for the 2008 General Assembly

          Rufus Montgomery, Vice President along with Jet Toney, President and Mike Holiman, Senior Vice President & C.O.O. made the presentation to the Board.  Cornerstone Communications discussed strategic legislative affairs that may be of interest to Henry County.  They shared some of the company’s successes at the State Capital working on legislature that is of interest to counties, potential and likely issues and legislation that is of interest to Henry County and ways to partner in the development and execution of legislative affairs plan for Henry County in to the 2008 session of the Georgia General Assembly.

Bubba Coffey to discuss the Henry County Wrecker Service

          Mr. Coffey stated there has been a problem with wrecker service on the south end of the county for a long time.  There have been discussions with county administration and some Commissioners regarding some of the issues.  The State has cited the wrecker service for one of the issues.  There is an issue regarding the administration fees that are being charged to the customers; the State is also reviewing this issue.  The County should check into the issues regarding the operation of the wrecker service.

Renew a lease agreement for space utilized by the Henry County Development Authority

          Phyllis Shrader, Deputy County Manager presented the agenda item to the Board.  The Henry County Development Authority currently leases approximately 3,200 square feet of office space.  Rent for the space is $2,198 per month for the term of the lease (October 1, 2007 – September 30, 2008); this amount reflects no change from last year’s lease agreement.  Funding is allocated in the Development Authority’s FY’08 Budget.

          Chairman Harper recused himself from presiding over the meeting for this agenda item.

          Vice-Chairman Mathis called for a motion regarding the agenda item.  Commissioner Holder made the motion to approve the request; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Henry County Development Authority currently leases approximately 3,200 square feet of office space in the Westridge Business Center from H-Comm Properties; and

 

WHEREAS, the monthly lease amount of $2,198.00 agreed upon in the previous lease with H-Comm Properties will remain in effect for the term of the new lease; and,

 

WHEREAS, the Henry County Development Authority desires to extend this lease through September 30, 2008; and

 

WHEREAS, the funding for the lease renewal has been included in the current budget.

         

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the lease agreement with H-Comm Properties for the term beginning October 1, 2007 through September 30, 2008 and authorizes the Chairman to sign all necessary documents to execute this lease.

 

County Manager Comments

          Rob Magnaghi, County Manager responded to Mr. Bubba Coffey’s concerns regarding the Wrecker Ordinance.  Also, regarding the bid process, the entire process as it relates to bids and request for proposals will be reviewed and will also try to minimize the number of walk-on items for the meetings.

 

County Attorney Comments

Exchange of certain real property located in Land Lot 163 of the 2nd District

          Patrick Jaugstetter, County Attorney, presented the agenda item to the Board.  SPLOST improved a portion of Singley Drive and right-of-way was acquired from the Singley family.  Instead of buying all the needed property, the SPLOST Department negotiated an exchange of property with the Singley’s for property that was owned by Henry County that would be beneficial to the Singley’s.  In order to exchange property, there has to be public notice of the properties being exchanged; there has to be a public hearing; and the Board has to determine that the exchanges is in the best interest of the county and to determine the value of the property the County will receive is equal to or greater than the value of the County Property.  The Singley property contains 0.668 acres and the County property contains 0.185 acres. 

          Chairman Harper called for public comments from anyone wishing to speak regarding the agenda item; there was no response.

          Commissioner Holder stated the subject property was appraised for the improvements to South Ola and Singley Road.  The Singley’s were paid for a portion of the property needed for right-of-way and the value of the subject property being exchanged was actually deducted. 

          Commissioner Holder made the motion to approve the resolution and authorize the Chairman to sign all necessary documents; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

          WHEREAS, Thomas and Patricia Singley are the owners of certain property containing 0.668 acres located in Land Lot 163 of the 2nd District of Henry County, Georgia, being more particularly described on Exhibit “A” hereto attached and by reference made a part hereof (hereinafter the “Singley Property”); and

 

          WHEREAS, Henry County is the owner of certain property containing 0.185 acres located in Land Lot 163 of the 2nd District Henry County, Georgia, being more particularly described on Exhibit “B” hereto attached and by reference made a part hereof (hereinafter the “County Property”); and

 

          WHEREAS, the parties desire to effectuate an exchange of the above-described parcels of land; and

 

          WHEREAS, notice of the exchange has been advertised as required by the Official Code of Georgia and the Code of Henry County, Georgia; and

 

          WHEREAS, the County has determined that the value of the Singley Property is equal to or greater than the value of the County Property;

 

          NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County as follows:

 

           1.      That Henry County shall convey the County Property to Thomas and Patricia Singley in exchange for a conveyance of the Singley Property from Thomas and Patricia Singley.

 

           2.      That the Chairman of the Board of Commissioners is hereby authorized to execute, on behalf of Henry County, any and all documents necessary to effectuate the above-described exchange of property.

Public Comments

          Nicholas Day, 4574 Highway 212, Covington, Georgia spoke regarding his tenure and termination as a county employee. 

          John Rayburn, Locust Grove, spoke regarding a particular wrecker service and how he was treated.

Upcoming Meetings

           1.      Tuesday, November 6th @ 9:00 a.m., Regular BOC meeting

           2.      Monday November 19th @ 9:00 a.m. and Tuesday, November 20th @ 6:30 p.m., Regular BOC meeting

           3.      Monday, December 3rd @ 9:00 a.m. and Tuesday, December 4th @ 9:00 a.m., Regular BOC meeting

Commissioner Holder made the motion to cancel the December 31, 2007 Board meeting; Commissioner Basler seconded.  The motion carried unanimously.

Executive Session

Commissioner Mathis 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 Patrick Jaugstetter, 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 unanimously.

 

(Executive Session was held.)

 

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

Commissioner Stamey made the motion to approve the affidavit and resolution pertaining to executive session; Commissioner Mathis seconded.  The motion carried unanimously.

Commissioner Mathis made the motion to amend the agenda out of public necessity and to approve a resolution to authorize the abatement of a public nuisance located at 370 Robin Hood Lane, Hampton, GA; Commissioner Holder seconded.  The motion carried unanimously.

Adjournment

          Commissioner Stamey made the motion to adjourn; Commissioner Basler seconded.  The motion carried unanimously.