STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Public Meeting at 9:00 a.m. on Monday, November 19, 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; Michael Harris, Planning & Zoning Services Division Director; Jim Luebbering, Building Development and Environmental Services Division Director; Mike Bush, Finance 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 an acceptance of the agenda adding the request to award a bid for installation of a traffic signal at the intersection of Henry Parkway Connector and Highway 155.  Commissioner Mathis made the motion to approve the agenda; Commissioner Basler seconded.  The motion carried unanimously.

Proclamation to Commissioner Reid Bowman and Commissioner Johnny Basler for completion of the County Commissioners Training Program

In Recognition of Commissioner Reid Bowman

and Johnny B. Basler for receiving Certification

WHEREAS, since 1987, the Association of County Commissioners of Georgia, in cooperation with the University of Georgia, has offered training programs for county commissioners to enhance the skills of elected officials; and

 

WHEREAS, Commissioner Reid A. Bowman and Johnny B. Basler recently completed the nationally recognized County Commissioners Training Program co-sponsored by the Association of County Commissioners of Georgia and the University of Georgia’s Carl Vinson Institute of Government;

 

WHEREAS, this certification involved 48 hours of instruction which enhances the local government’s ability to provide public services responsibly, efficiently and cost-effectively;

 

NOW, THEREFORE BE IT PROCLAIMED the Henry County Board of Commissioners wishes to congratulate Commissioner Reid A. Bowman and Johnny B. Basler for this accomplishment and to express its appreciation for their commitment to providing better leadership and service to the citizens of Henry County.

BUILDING AND DEVELOPMENT SERVICES DIVISION

Authorization for streetlights in two (2) subdivisions

          Bert Foster, Planner II, presented the agenda item to the Board.  The owners of the following subdivisions applied for the creation of streetlight districts and all requirements have been met:  The Fields at the Grove and Owens Crossing.

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

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

 

·        The Fields at the Grove, 4 lights, 15 lots, Central Georgia EMC, District 1

·        Owens Crossing, 14 lights, 37 lots, Snapping Shoals EMC, District 1

 

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.

Authorization for Non-Revenue Streetlights

          Bert Foster, Planner II, presented the agenda item to the Board.  A request was made to establish non-revenue streetlights to be located at the intersection of Airline Road and Turner Church Road and at the intersection of North Bethany Road and Lake Dow Road located in Commission District 3.  The county will pay $96.00 annually per light.

          Commissioner Stamey stated the subject areas are extremely dark at night and the request is to add lighting for safety reasons.

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

WHEREAS, requests have been made to Henry County to establish non-revenue streetlights to be located at the intersection of Airline Road and Turner Church Road and at the intersection of North Bethany Road and Lake Dow Row in District 3, and

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 request and submitted reports that are part of the public record; and

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

NOW, THEREFORE, BE IT RESOLVED THAT the Board of Commissioners of Henry County approves the request for non-revenue streetlights located at the intersection of Airline Road and Turner Church Road and at the intersection of North Bethany Road and Lake Dow Row.

PUBLIC SAFETY

Authorization to award a bid to provide inmate telephone service

          Chief David McCart, Sheriff’s Department, presented the agenda item to the Board.  The current inmate telephone service contract expires January, 2008.  Four vendors including the current vendor submitted bids and after review the Sheriff’s Department would like to recommend the bid be awarded to Securus Technologies.

          Commissioner Holder made the motion to award the bid to Securus Technologies; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, sealed proposals (SP-08-20-101007-1) were solicited to provide inmate telephone services for the Henry County Sheriff’s Department; and,

WHEREAS, four (4) vendors submitted proposals for this service; and,

WHEREAS, Securus Technologies has submitted the best proposal for these inmate telephone services; departmental personnel recommend award to Securus Technologies.

NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Proposal Number SP-08-20-101007 to Securus Technologies to provide inmate telephone services for the Henry County Sheriff’s Office.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

Authorization to award a bid to purchase Notebook Computers

          Michael Sabine, Assistant County Manager and Deputy Chief Johnson, Fire Department presented the agenda item to the Board.  Portable computers are required by the Henry County Fire Department/EMS to electronically send data and patient care reports to the billing office.  This will improve the billing and reimbursement in a timelier manner.  

          Sealed bids were requested from ten (10) local and area vendors; four (4) vendors submitted bids.  Staff recommended the bid be awarded to Southern Computer Warehouse.

          Commissioner Mathis made the motion to award the bid to Southern Computer Warehouse in the amount of $38,722.93; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, sealed bids (SB-08-22-101107-3) were solicited for the purchase of fourteen (14) notebook computers for the Fire Department / EMS; and,

          WHEREAS, four (4) vendors submitted bids for this purchase, per attached bid tab; and,

          WHEREAS, funds are available in the Fire Department budget to complete this purchase; and,

          WHEREAS, Southern Computer Warehouse has submitted the lowest and most responsive bid for the purchase of fourteen (14) Panasonic Tough Book Notebook Computers; departmental personnel recommend award to Southern Computer Warehouse.

          NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-08-22-101107-3 to Southern Computer Warehouse in the total amount of $38,722.93 for the purchase of fourteen (14) Panasonic Tough Book Notebook Computers.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

Appointments to the West Georgia Emergency Medical Service Council

          Deputy Chief Brad Johnson, Fire Department, presented the agenda item to the Board.  The Henry County Fire Department is a member of the West Georgia Emergency Medical Services Council which consists of twelve (12) counties.  Members are appointed to represent Henry County and serve a two (2) year term.  The request is to affirm the appointment of Deputy Chief Brad Johnson and Captain Billy Kunkle. 

          Commissioner Holder made the motion to reappoint Deputy Chief Brad Johnson and Captain Billy Kunkle to the West Georgia Emergency Medical Services Council; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Henry County Fire Department is a member of the West Georgia Emergency Medical Services Council, and has members appointed by the Henry County Board of Commissioners to represent Henry County; and

          WHEREAS, Division Chief Brad Johnson and Captain Billy Kunkle will represent Henry County on the West Georgia Emergency Medical Council

          NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners appoints Division Chief Brad Johnson and Captain Billy Kunkle to serve as members representing Henry County on the West Georgia Emergency Medical Services Council.

Purchase of tactical equipment for the Tactical Response Team

          Major Danny Butler, Police Department, presented the agenda item to the Board.  The Police Department requested approval for the expenditure to purchase tactical gear to be used by the newly formed Tactical Response Team within the DEA, Atlanta office.

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

WHEREAS, the United States Drug Enforcement Agency’s Atlanta Office (DEA-Atlanta) provides drug enforcement efforts to Metropolitan Atlanta counties. Henry County Police Department has benefited from the DEA-Atlanta seizures and forfeitures. DEA-Atlanta is forming a Tactical Response Team and needed tactical equipment to provide further services; and

WHEREAS, The Tactical Response Team assists and supports jurisdictions in the interdiction of dangerous drugs and the apprehension of drug dealers; and

WHEREAS, Henry County Police Department has assigned a Special Agent to work in concert with DEA- Atlanta to identify, investigate, locate, and apprehend dangerous drugs and dealers entering and leaving Atlanta and other locations of Georgia. Working together with DEA, a reimbursement will be paid to Henry County to offset the approved expenditure; and

WHEREAS, Henry County Police Department provided funds from the Narcotics Account and did purchase the requested tactical equipment for the DEA Tactical Response Team; and

NOW THEREFORE BE IT RESOLVED, by the HENRY COUNTY BOARD OF COMMISSIONERS that the Board hereby approves the $14,063.44 expenditure from the Narcotics Account for the purchase tactical equipment, with the understanding that working together with DEA, a reimbursement will be paid to Henry County to offset this expenditure.

GRANTS ADMINISTRATION

Authorization of matching in-kind services for a recreational trails program grant for Nash Farm Battlefield

          Larry Stanford, Grants Administrator, presented the agenda item to the Board.  One of the key elements in the development of the Nash Farm Battlefield Park is the construction of three walking/biking trails for visitors to utilize for exercise and/or a walking tour to view areas where Civil War battles and encampments took place.  Additional trail furnishings needed include 8,952 feet of split-rail fencing along the trails, 6 benches, and 8 interpretive markers.  Material cost for these items is estimated at $70,272 and labor cost is estimated at $35,808 for a total project cost of $106,080.00.

          Henry County is seeking a reimbursable Recreational Trails Program Grant of $70,272 from the Federal Highway Administration administered by the Georgia State Parks & Historic Sites Division.  The grant requires and 80/20 split of the total amount of the project; 20% of this project is $21, 216.  However, grant applications will be graded on 11 criteria, including the willingness of the grantee to provide more than the 20% required.  By agreeing to provide 33 percent, or $35,808.00 in in-kind services to cover the labor cost, Henry County will gain points in the application judging.

          The majority of the labor will be the installation of the split-rail fencing.  Several local groups – The Friends of Nash Farm, the Colonel Charles T. Zachary Camp of the Sons of Confederate Veterans, and the local Boy Scout Troops – are volunteering their time to assist in the installation.  County workers and prison labor can also be used as needed.

          The application requires inclusion of a resolution by the Board stating that if the grant is awarded, that the matching funds or in-kind services will be made available.  The request is for approval of the resolution which states that Henry County will provide $35,808 in in-kind services to cover the labor costs.  The grant review process takes approximately eight (8) months.  If the grant is awarded, there will be a request for final approval by the Board.

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

WHEREAS, Henry County has constructed three walking/biking trails for visitors at Nash Farm Battlefield, and split-rail fencing, benches, and interpretive markers are needed for the trails; and,

          WHEREAS, Henry County is applying for a reimbursable Recreational Trails Program Grant from the Federal Highway Administration and the Georgia State Parks and Historic Sites Division; and,

          WHEREAS, the total cost of the project is $106,080.00, with $70,272.00 in material cost and $35,808.00 in labor cost and requires an 80/20 split; and,

          WHEREAS, Henry County will earn points in the judging process by providing more than the required 20 percent match with 33 percent or  $35,808.00 in labor cost through in-kind service by local volunteer groups, county workers, and prison labor; and,

          WHEREAS, the State Parks and Historic Sites Division requires a resolution stating that if the grant is awarded, Henry County will provide the required match;

          NOW, THEREFORE, BE IT RESOLVED, if the Recreational Trails Program Grant of $70,272.00 for the trails at Nash Farm Battlefield is approved, a 33 percent match will be made available by Henry County through in-kind services as described above.

 

BUILDING AND DEVELOPMENT SERIVCES DIVISION

Authorization to award the bid to purchase a Skid Steer Loader and Accessories

          Jim Luebbering, Building and Development Services Division Director and Erik Lombard, Stormwater Director, presented the agenda item to the Board.  The Stormwater Department is responsible for the maintenance and repair of stormwater facilities and infrastructure.  The purchase of the requested equipment will allow the department to add a third maintenance crew by dividing the existing two crews.  This will increase the efficiency and the ability to cross private property and access stormwater facilities and ponds. 

          The request was bid by the Purchasing Department and sent to fifteen local and area vendors and was listed on the Henry County and GLGA websites.  Ten vendors submitted bids and staff recommended the bid be awarded to Perimeter Takeuchi in the amount of $38,400.00

          Commissioner Holder commended the Purchasing Department and the Stormwater Department for including local vendors in the bidding process.

          Commissioner Holder made the motion to award the bid to Perimeter Takeuchi; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, sealed bids (SB-08-27-102307-1) were solicited for the purchase of one (1) skid steer loader and accessories for the Stormwater Management Department ; and,

          WHEREAS, ten (10) vendors submitted bids for this purchase, as indicated on the attached bid tab; and,

          WHEREAS, funds are available in the Stormwater Management’s account to complete this purchase; and,

          WHEREAS, Perimeter Takeuchi has submitted the lowest and most responsive bid for the purchase of one (1) skid steer loader and accessories; departmental personnel recommend award to Perimeter Takeuchi.

          NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-SB-08-23-102307-1 to Perimeter Takeuchi in the total amount of $38,400.00 for the purchase of one (1) each skid steer loader, one (1) each toothed bucket, one (1) each brush cutter and one (1) each backhoe attachment.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

TECHNOLOGY SERVICES

Authorization to enter into an agreement with Charter Communications Business for Data Network Services

          Clark Rainer, Technology Services Director, presented the agenda item to the Board.  There are two major telecommunications providers within Henry County.  Charter Communications Business offered a contract that would provide similar data services for connectivity to County facilities for less than half of the price that is currently being charged by AT & T.  It would be an annual savings of approximately $84,864.00 with the initial sites that have been identified. 

          The Board expressed concerns regarding the service provided by Charter Communications for residential customers within Henry County.  Mr. Rainer stated that Charter Business is a separate entity than the residential side of Charter.

          After further discussion Commissioner Stamey made the motion to table the agenda item to the December 3rd meeting to resolve some of the issues of the Board and staff; Commissioner Mathis seconded.  The motion carried 3-0-1 with Commissioner Bowman abstaining.

Proclamation

          The Board presented the following proclamation to the Sheriff’s Deputies for their dedication and service to the community (The proclamation was presented via teleconferencing.  The Deputies were present in the courtroom of the State Court and the Honorable Judge Studdard presented the proclamation to the Deputies):

WHEREAS, in recognition of exemplary job performance, the State Court of Henry County and the Henry County Board of Commissioners do hereby recognize Henry County Sheriff Department employees Sergeant Mike Cone , Deputy Joshua Duke, Deputy Bobby Floyd, Deputy Jack Oakman, Deputy Kimberly Phelps, Deputy Danny Purvis, Deputy Dwayne Sayers, and Deputy Darrell White, for their prompt and timely response to an attempted escape from custody by an inmate at the State Court of Henry County on August 23, 2007; and

          WHEREAS, on that date, Deputy Kimberly Phelps responded to information she received concerning an inmate having a make shift hand cuff key and promptly followed up on that information by notifying other Sheriff’s Department personnel.  During transport to the Court, the subject inmate had demonstrated the capability to free himself from his handcuffs and leg irons and had made statements to the effect that he was going to get a deputy’s gun, shoot a deputy and escape;  and

          WHEREAS, the prisoner was immediately secured, separated from the public, questioned and searched, the prisoner apparently had the capability to follow through on his threat.  The prompt and positive action of the Sheriff’s Department personnel in following up on this information averted what could have been a crime with serious consequences; and

          WHEREAS, the Sheriff’s Department personnel acted professionally in carrying out their duties and are to be commended in preventing an attempted armed escape.  Their actions reflect great credit upon themselves and the Henry County Sheriff’s Department; 

          NOW, THEREFORE, BE IT PROCLAIMED, the Henry County Board of Commissioners and the State Court of Henry County wish to express their appreciation to the above-named Deputies for their dedication and service to our community.

Approval of change orders regarding security cameras and an audio/visual system for the courthouse renovation

          Clark Rainer, Technology Services Director and Roy Clack SPLOST/Capital Projects Director, presented the agenda item to the Board.  The request is to bring the courtrooms within the renovated Historic Courthouse up to the same standards of the other courtrooms.  The request is to add CCTV cameras with microphones and associated wiring and install courtroom evidence presentation systems. 

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

WHEREAS, the Henry County Historic Courthouse renovation is in progress; and

WHEREAS, additional cameras in the courtrooms have been requested by the Henry County Sheriff’s Department as documented in Change Order number 9 for the amount of $54,775.00; and

WHEREAS, courtroom evidence presentation systems for Superior Court have been requested by the Chief Judge of Superior Court to match systems in the Lower Courts as documented in Change Order number 10 for the amount of $185,067.00; and

WHEREAS, all necessary funds are budgeted and are available in the Historic Courthouse renovation budget.

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves Change Orders 9 and 10 and authorizes the Capital Projects Director to sign all necessary documents.

SPLOST/ CAPITAL PROJECTS

Ratification of an amendment regarding the purchase of an Electronic Docket System

          Roy Clack SPLOST/Capital Projects Director, and Clark Rainer, Technology Services Director presented the agenda item to the Board.  On June17th the Board approved the purchase of an electronic docket system for the Judicial Center.  The system allows for a central location where information can be entered and a display of all three (3) floors.  Chairman Harper asked if a similar system could be installed in the County Courthouse and if it would be cheaper to amend the request to include the installation when needed at the main courthouse.

          Staff obtained a cost estimate of $65,000 from Infax to install an electronic docket system at the County Courthouse.  $47,710 of the funds will be allocated from the Courthouse Renovation project and $17,290 will be accepted as a contribution from the Law Library.

          Staff requested that the Board ratify the cost estimate of $65,000 for the installation of the system at the County Courthouse.

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

WHEREAS, the Board of Commissioners approved the purchase of an electronic docket system for the Judicial Center on June 18, 2007; and,

WHEREAS, the Board of Commissioners, at the time of the purchase of the electronic docket system for the Judicial Center, directed staff to obtain “cost estimates to purchase and install an electronic docket system” at the County Courthouse; and,

WHEREAS, County staff has researched the needs and requirements to install an appropriate electronic docket system in the County Courthouse; and,

WHEREAS, County staff has obtained a cost estimate from Infax, the sole source provider of a companion system to the electronic docket system currently in use in the Judicial Center, and recommends ratification of this estimate as an amendment to the existing purchase from Infax for electronic docket equipment;

NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners ratifies the cost estimate of $65,000 for installation of an electronic docket system in the County Courthouse by Infax.

BE IT FURTHER RESOLVED, that funding in the amount of $47,710 be allocated from the Courthouse Renovation project and $17,290 shall be accepted as a contribution from the Law Library fund to accomplish this purchase. The Board authorizes the Chairman to execute all necessary documentation to accomplish this purchase and approves all necessary budget amendments.

Amendment to the Sports Lighting Contract with Georgia Power

          Roy Clack SPLOST/Capital Projects Director presented the agenda item to the Board.  The Board approved a contract with Georgia Power for park lighting.  One amendment was approved due to the price increase of copper wiring from signed contract to the time construction began on several park fields.  J. P. Moseley Park was not included on this amendment since the construction was completed after the amendment.

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

WHEREAS, the Board approved a contract with Georgia Power for Park lighting on March 20, 2006 in the amount of $3,550,744.00; and

 

WHEREAS, an amendment in the amount of $69,850.00 was approved by the Board on January 16, 2007 due to the price increase of copper wiring from signed contract to the time construction began on several park fields; and

 

          WHEREAS, J.P. Moseley Park was not included on this amendment since the construction was completed after the amendment; and

 

          WHEREAS, a total increase of $7615.00 is requested by Georgia Power to recover cost for the sports lighting at Moseley Park for the same reason; and

         

          WHEREAS, funding for this increase would be funded with recreational impact fees; and

                                               

          NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves an amendment with the Georgia Power Sports Lighting contract and authorizes the Chairman of the Board to sign all necessary documents for this amendment. All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

Change order regarding the paneling in the courtroom of the Historic Courthouse

          Roy Clack SPLOST/Capital Projects Director presented the item to the Board.  The Board awarded judges paneling to be purchased and installed in August and September of 2007.  Due to a change to the original plan of stripping and refinishing, pre-finished plywood would be installed over existing conditions in the jury box, wall cabinet, judge’s bench and clerk’s desk. 

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

WHEREAS, the Henry County Historic Courthouse renovation is in progress; and                                       

WHEREAS, the Board awarded judges paneling to be purchased and installed in August and September of 2007; and 

WHEREAS, due to a change to the original plan of stripping and refinishing, pre-finished plywood would be installed over existing conditions in the jury box, wall cabinet, judge’s bench and clerk’s desk; and                           

          WHEREAS, change orders for the paneling are as follows:

          Additional materials                 $5329.20

          Additional installation    $5824.00   

WHEREAS, funding for this project is available from the Courthouse Restoration project; and

          NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves change orders and budget amendments for the additional purchase and installation of paneling and authorizes the Chairman of the Board to sign all necessary documents. All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

Designation and budget amendment regarding Duffy Road

          Roy Clack SPLOST/Capital Projects Director presented the agenda item to the Board.  Duffy Road is on the SPLOST II Master List.  Currently it is a dirt road that is approximately a quarter of a mile long and extends from McGarity Road to Lake Dow Road.  There has been discussion regarding the need to pave the road.  Henry County DOT has had funds available to pave the road and surveys were completed in the SPLOST I program.  The funds from DOT and additional funds from SPLOST II will be used to begin the design process and to pave Duffy Road.

          Chairman Harper and Commissioner Stamey asked if the design work had already been completed.  Terry McMickle, Public Works Division Director, stated it had been completed and the plan is a little more elaborate than what will be done.  The existing plans will have to be modified.

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

WHEREAS, Duffy Road is on the SPLOST II Master list; and 

          WHEREAS, property owners request that Duffy Road from McGarity to Lake Dow Road be paved; and

             WHEREAS, property owners request the Board to designate Duffy Road; and

           WHEREAS, a budget amendment would transfer $200,000 from SPLOST II Unallocated Funds; and

          WHEREAS, Henry County Department of Transportation would add $193,216.00 to fund this project; and

          WHEREAS, the total project budget would be $393,216.00; and

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the designation of Duffy Road and a budget amendment in the amount of $200,000.00. All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.

Bid for the widening and paving of Unity Grove Road

          Roy Clack SPLOST/Capital Projects Director presented the agenda item to the Board.  Unity Grove Road is a designated SPLOST II project.  Bids were solicited and ten (10) sealed bids were received and reviewed.  Staff recommended the bid be awarded to Lambert Sand & Gravel, Inc.

          Commissioner Holder stated that Unity Grove Elementary is located in the area on LeGuin Mill and by the time the road is paved there will be another elementary school (Wolf Creek Elementary) located on Unity Grove Road.

          Commissioner Holder made the motion to award the bid to Lambert Sand & Gravel, Inc.; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Unity Grove Road is a designated SPLOST II Transportation project; and

WHEREAS, sealed bids were solicited for the widening and paving of Unity Grove Road; and

          WHEREAS, (10) ten sealed bids were received and reviewed; and

          WHEREAS, funding for this budget amendment is available in the Unity Grove Road account; and

          WHEREAS, SPLOST recommends the low bidder, Lambert Sand & Gravel, Inc. in the amount of $2,088,673.60;

          NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a budget amendment and the proposal of Lambert Sand & Gravel, Inc. and authorizes the Chairman of the Board to sign all necessary documents for the widening and paving of Unity Grove Road.

Bid award to install a traffic signal at the intersection of Henry Parkway Connector @ SR 155

          Terry McMickle, Public Works Division Director, presented the agenda item to the Board.  This request was tabled at the November 3rd meeting so that staff could contact surrounding property owners to see if they would be interested in contributing to the project.  Other landowners were contacted and Mercer University agreed to contribute $3,500 bringing the total contributions to $53,500.

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

WHEREAS, sealed bids (SB-08-26-101907-1) were solicited to furnish and install traffic signalization at the intersection of Henry Parkway Connector @ SR 155; and,

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

          WHEREAS, funds are available to complete this project; and,

          WHEREAS, Atcheson Electrical Contractors, Inc. has submitted the lowest and most responsive bid to furnish and install traffic signalization; departmental personnel recommend award to Atcheson Electrical Contractors, Inc.;

          WHEREAS, the County, the City of McDonough, ALPLA Atlanta, Inc., and Mercer University have each agreed to contribute towards the installation of such traffic signal;

          NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-08-26-101907-1 to Atcheson Electrical Contractors, Inc. in the total amount of $80,589.00; vendor shall furnish all materials, labor, tools, equipment and services required to install traffic signalization at the intersection of Henry Parkway Connector @ SR 155.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

COUNTY MANAGER COMMENTS

          There were no comments.

COUNTY ATTORNEY COMMENTS

Resolution declaring the results of the election held on November 6, 2007 and for other related purposes

          Patrick Jaugstetter, County Attorney, presented the agenda item to the Board.  On November 6, 2007 the voters approved a referendum regarding the re-imposition of the SPLOST program.  The local government is required by SPLOST Law to adopt a resolution declaring the results of said election.  Staff requested approval of the resolution declaring the results of the election; this resolution will also authorize the bond process to proceed.

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

          WHEREAS, pursuant to a Resolution heretofore adopted on September 4, 2007 by the Board of Commissioners of Henry County (the “Board of Commissioners”), an election was duly called to be held in Henry County on November 6, 2007 to determine the question of the re-imposition or non re-imposition of a special one percent (1%) sales and use tax (hereinafter referred to as “SPLOST”) in the special district of Henry County, and the issuance or non issuance of general obligation debt of Henry County, Georgia in the principal amount of $240,000,000; and

          WHEREAS, pursuant to the provisions of the Georgia Election Code (Title 21, Chapter 2 of the Official Code of Georgia Annotated, as amended), the election was duly held and the poll officers have made their returns and the Henry County Board of Elections has canvassed and computed the returns of the election and the Election Supervisor for Henry County has delivered a certified copy of the consolidated return (the “Consolidated Election Return”) to the Board of Commissioners, all as is provided by law; and

          WHEREAS, it now becomes the duty of the Board of Commissioners to determine and declare the results of said election;

          NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Henry County, and it is hereby resolved by authority of the same, that the Consolidated Election Return sets forth the following information:

Number of votes cast                                                               9,075

Number of votes cast FOR the re-imposition of a one                        6,286

percent county special purpose local option sales and use tax (the “SPLOST”) on all sales and uses within the special district of Henry County for a period of twenty-four (24) calendar quarters for the purpose of financing certain capital outlay projects to be owned or operated or both by Henry County, Georgia, the City of Hampton, the City of Locust Grove, the City of McDonough, the City of Stockbridge or any combination thereof, and for the issuance of general obligation debt of the County in the aggregate principal amount not to exceed $240,000,000 for the above purposes.

Number of votes cast AGAINST the re-imposition of                 2,789

a one percent county special purpose local option sales and use tax (the “SPLOST”) on all sales and uses within the special district of Henry County for a period of twenty-four (24) calendar quarters for the purpose of financing certain capital outlay projects to be owned or operated or both by Henry County, Georgia, the City of Hampton, the City of Locust Grove, the City of McDonough, the City of Stockbridge or any combination thereof, and for the issuance of general obligation debt of the County in the aggregate principal amount not to exceed $240,000,000 for the above purposes.

Number of votes declared VOID                                                   0_

which Consolidated Election Return shows that said election resulted in favor of the reimposition of the SPLOST and in favor of the issuance of the Bonds by an affirmative vote of more than a majority of the qualified voters of Henry County voting in the election, and it is hereby resolved and declared that the election resulted in favor of the imposition of the SPLOST and the issuance of the Bonds, and that said bond issue has been authorized as required by law.

          BE IT FURTHER RESOLVED by the authority aforesaid, and it is hereby resolved by authority of the same, that the Clerk of the Board of Commissioners be and is hereby directed to record the Consolidated Election Return in the permanent records of the Board of Commissioners immediately following this Resolution and said Election Return by the reference thereto is incorporated herein and made a part hereof.

          BE IT FURTHER RESOLVED by the authority aforesaid, and it is hereby resolved by the authority of the same, that there be given to the District Attorney of the Flint Judicial Circuit personal notice in writing of the fact that said election was held in Henry County, and that the election was in favor of the issuance of $240,000,000 Henry County (Georgia) General Obligation Bonds, and requesting him to take immediate and proper steps to institute proceedings for the validation of the Bonds as required by law.

          BE IT FURTHER RESOLVED by the authority aforesaid, and it is hereby resolved by authority of same, that any and all resolutions or parts of resolutions in conflict with this Resolution this day adopted, be and the same are hereby repealed.

Annexation by the City of McDonough

Patrick Jaugstetter, County Attorney, presented the agenda item to the Board.  The following was read into the record and there was no action taken: 

Annexation by the City of McDonough of approximately 3.46+/- acres located in Land Lot 162 of the 7th District, owned by Comfort Suites (Highway 81 West).  The current zoning of the property within the County is C-3.  The proposed zoning per annexation is C-4.

Amend Section 3-14-34 of the County Code entitled “Employee Regulations/Picture Identification”

          Patrick Jaugstetter, County Attorney, presented the agenda item to the Board.  The current Ordinance states if an individual is employed by an establishment that serves or sales alcoholic beverages you have to obtain a license to serve alcoholic beverages.  As part of the process to obtain said license a background check is done on the employee.  Currently if an individual had a conviction for a number of offenses you will not receive a license.

          The Police Department requested the Ordinance be amended to address some issues that have recently occurred.  If an individual is prosecuted for a crime, they can enter a plea under the First Offender Act.  This Act says that for the term of probation there is no adjudication, but if the probation is successfully performed at the end of the probation the offense goes away; this was of concern to the Police Department.  The amendment will prohibit the issuance of such license to any person:

·        Who has been convicted of more than one DUI within two (2) years of the date of application;

·        Who is currently serving probation pursuant to any plea under the First Offender Act;

·        Who has been convicted of a felony

·        Who has been convicted, within five (5) years from the date of application for a permit, of any misdemeanor crime of moral turpitude; or

·        Who has been convicted, within five (5) years of the date of application for a permit, as a habitual violator

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

Commissioner Mathis made the motion to approve the Ordinance amendment; Commissioner Basler seconded.  The motion carried unanimously approving the following:

An Ordinance for the purpose of amending Chapter 3-14-34, of the Code of Henry County, Georgia, adopted May 1, 1984, as amended, entitled Regulation of Alcoholic Beverages.

          NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HENRY COUNTY, GEORGIA, AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME, that Chapter 3-14-34, of the Code of Henry County, Georgia, _______________, as amended, is hereby amended as follows:

The following regulations shall apply to all establishments holding a retail license for alcoholic beverages:

1.  An employee shall meet the same character requirements as set forth in the general ordinances for the licensee, except for the residency requirements.

2.  No person shall be employed by a retail beer and/or wine establishment until such person has applied for and received a permit from the license department. The permit shall be in the form of a picture identification (I.D.) badge. All picture identification (I.D.) badges currently issued to permitees are hereby deemed to be the permit of each permittee. The cost of the permit shall be twenty-five dollars ($25.00).

3.  No permit shall be issued until such time as a signed application has been filed with the license department. The application shall include name, address, date of birth, general description of applicant; height, weight, hair color, eyes, social security number and driver's license or picture I.D.

4.  It shall be the duty of all persons holding any license to sell alcoholic beverages to file with the license department the name of the establishment, the license number and a list of all employees, with their home addresses and home telephone numbers twice annually on/or before June 1 and again on/or before December 1.

5.  All permits issued through administrative error can be terminated by the director of permits, inspections, licensing and code enforcement.

6.  This section shall not be construed to include employees who do not serve or sell alcoholic beverages.

7.  No licensee shall allow any employee required to hold a permit to work on the licensed premises without displaying, on their person in public view, the permit issued by the licensing department.

8.  In the event that any permit holder leaves the employ of a licensed establishment, the licensee shall immediately surrender the permit to the director of permits, inspections, licensing and code enforcement.

9.  All permits issued hereunder remain the property of Henry County and shall be worn by the employee at all times while at work or on duty with the licensed establishment.

Public Comments

          There were no comments.

Upcoming Meetings

           1.      Tuesday, November 20th @ 6:30 p.m., Regular BOC meeting

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

           3.      Monday, December 17th @ 9:00 a.m. and Tuesday, December 18th @ 6:30 p.m.

           4.      Monday, December 31st meeting has been cancelled.

All County Offices will be closed on the following dates for the Holidays:

           1.      Thursday, November 22nd and Friday, November 23rd for Thanksgiving

           2.      Monday, December 24th thru Wednesday, December 26th for Christmas

           3.      Tuesday, January 1st for New Year’s Day

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 Stamey seconded.  The motion carried unanimously.

 

(Executive Session was held.)

 

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

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

Commissioner Holder made the motion to amend the agenda out of public necessity and to approve a resolution to authorize the acquisition of .216 acres of land and .199 acres of permanent construction easement; .141 acres of temporary construction easement in Land Lot 221 of the 2nd District by negotiated contract for condemnation; Commissioner Bowman seconded.  The motion carried unanimously.

Commissioner Mathis made the motion to amend the agenda out of public necessity and to approve the renewal of the employment contract with the County Manager for an additional term; Commissioner Basler seconded.

Adjournment

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

                  

                                                                                                Jason T. Harper, Chairman

 

Shay Mathis, County Clerk