STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Public Meeting at 9:00 a.m. on Monday, December 3, 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:

 

          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

 

          Those absent were:         

                   Jason Harper, Chairman

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; Roy Clack, SPLOST/Capital Projects 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.)

Vice-Chairman Mathis called the meeting to order and called for acceptance of the agenda.  Commissioner Holder made the motion to approve the agenda with amendments; Commissioner Stamey seconded.  The motion carried unanimously.

Vice-Chairman Mathis announced to keep Chairman Harper in our prayers as he was due to have surgery.

Announcement

          Vice-Chairman Mathis announced the following item was removed from the agenda per staff’s request and would not be heard:

Resolution requesting authorization to award a bid to purchase S.W.A.T. Tactical Communications Equipment for the Police Department (Presenter:  Major Danny Butler, Police Department)

PUBLIC SAFETY DIVISION

Authorization of a Mutual Aid Agreement with six (6) contiguous counties

          Chief Jenkins, Fire Department, presented the agenda item to the Board.  The request is to update the mutual aid agreements with the following Counties:  Butts, Clayton, Dekalb, Newton, Rockdale and Spalding.

          Commissioner Holder commended the Fire Department and Chief Jenkins for participation in this type of agreement which is most important with water, fire, police, and other services.  Commissioner Holder made the motion to approve the Mutual Aid Agreement with six (6) contiguous counties; Commissioner Bowman seconded. The motion carried unanimously approving the following resolution:

WHEREAS,         the Henry County Fire Department and its peer agencies in the six counties adjacent to Henry County has an interest in the control of fire, fire prevention, hazardous materials control, and/or other emergency support; and

 

WHEREAS, the Henry County Fire Department and its peer agencies in the six counties adjacent to Henry County owns and maintains equipment and retains personnel who are trained to provide various levels of service in the control of fire, fire prevention, emergency medical service equipment and personnel, hazardous materials control, and/or other emergency support; and

 

WHEREAS, in the event of a major fire, disaster or other emergency, either party may need the assistance of the other party to these Mutual Aid and Automatic Aid Agreements to provide supplemental fire suppression, emergency medical service equipment and personnel, hazardous materials control, and/or other emergency support; and

 

WHEREAS, each of the parties of these six respective Mutual Aid and Automatic Aid agreements may have the necessary equipment and personnel available to enable it to provide such services to the other party to these Agreements in the event of such a major fire, disaster, or other emergency; and

 

WHEREAS, the facilities of each party are located in such a manner as to enable each party to render mutual assistance to the other

 

NOW THEREFORE BE IT RESOLVED that the Board of Commissioners of Henry County hereby approves a Mutual Aid and Automatic Aid Agreement for each county adjacent to Henry County: Butts County, Clayton County, DeKalb County, Newton County, Rockdale County, and Spalding County. The Chairman of the Board of Commissioners is hereby authorized to execute each of these Agreements.

 

BE IT FURTHER RESOLVED that each of these six agreements are shall be transmitted to their respective counties, for review and approval by the governing authority of each respective county. Each Mutual Aid and Automatic Aid Agreement shall become effective only upon approval and execution by the respective jurisdiction and Henry County.

 

Award a bid to purchase uniforms and accessories for the Police Department

          Michael Sabine, Assistant County Manager and Major Danny Butler, Police Department presented the agenda item to the Board.  The Police Department requires various types of uniforms.  Bids were solicited and sent to 27 vendors and 12 vendors’ submitted bids.  The department reviewed the bids and recommend award a multiple award contract to 7 vendors. 

          Commissioner Stamey made the motion to award the bid to the recommended vendors; Commissioner Basler seconded. The motion carried unanimously approving the following resolution:

WHEREAS, sealed bids (SB-08-10-101007-3) were solicited for the purchase of Uniforms for the Police Department; and,

 

          WHEREAS, twelve (12) vendors submitted bids for this purchase, as indicated on attached Bid Tabulation; and,

 

          WHEREAS, funds are available in the Police Department’s account for this commodity; and,

 

          WHEREAS, departmental personnel recommend multiple awards to Command Uniforms,  Antietam Embroidery, Artistic Designs, GT Distributors, Law Enforcement Supply, Galls, and Ticket Board;

 

          NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County awards Bid Number SB-08-10-101007-3 to the vendors listed above, award as a unit / price contract with no fixed quantities for the purchase of uniforms and accessories.  The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.

 

TECHNOLOGY SERVICES

Authorization of an agreement with Charter Communications Business for Data Network Services

          Clark Rainer, Director of Technology Services, presented the agenda item to the Board (This item was tabled at the November 19th meeting).  Charter Communications Business is offering a contract that will provide similar data services for connectivity to county facilities for less than half of the price currently being charged by AT & T. 

          Skip James, Charter Communications Government Liaison, was present to address issues of the Board.  Also present from Charter was Brenda Ivey, Director of Operations in South Georgia; H. T. Mohair, Director of Charter Business for Georgia; David Spriggs, Director of Operations in North Georgia; Kevin Covert, Charter Business Manager and Dwayne Lemon, Charter Business Account Executive.

          A statement was added to the contract which states if Charter does not comply with the service delivery guarantee as stated in the agreement it gives the County the option to end the contract and any invested capital funds will be prorated. 

          Commissioner Holder made the motion to approve the agreement with Charter Communications for Data Network Services; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Henry County facilities need data and telephone communications; and

WHEREAS, Charter Communications Business meets the requirement of the Technology Services Department to provide needed services; and

WHEREAS, a pilot program with Charter Communications Business at Hidden Valley Senior Center and the Henry County Administration Building has met and demonstrated the communication needs of Henry County; and

WHEREAS, this agreement will reduce current overall communications costs to Henry County while increasing service; and

          WHEREAS, this agreement is not exclusive and the Technology Services Department will be able to negotiate with competitive vendors to  add, change, or remove service to facilities, depending on need, availability and lowest competitive market rates, so long as appropriate funds are available; and

WHEREAS, all necessary funds are currently budgeted and are available in the Technology Services Communication budget for the initial locations to be served.

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approves the attached agreement with Charter Communications and authorizes the Chairman to execute all associated documents.

NOW, THEREFORE BE IT FURTHER RESOLVED that the Henry County Board of Commissioners authorizes the Technology Services Director to add, remove, or change the service at the facilities served throughout the terms of this agreement.

 

Bid award for network wiring and fiber optic cabling

          Clark Rainer, Director of Technology Services, presented the agenda item to the Board.  The request is for wiring when new buildings and offices are built. 

          Commissioner Bowman made the motion to award the bid to Com-Tech; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Henry County has many current and evolving needs for wiring of public facilities to accommodate computer networks, and telephone systems, and;

WHEREAS, emergency needs for repair on damaged fiber optic and other data network infrastructure has become common due to growth and construction in the area, and;

WHEREAS, funding is available as budgeted in Information Systems repair and maintenance account, and;

WHEREAS, Com Tech has maintained a good working relationship, has met all requirements, and consistently have been reliable, and;

WHEREAS, Com Tech was the overall lowest proposal, and;

 NOW, THEREFORE, BE IT RESOLVED THAT the Board  award the attached low voltage wiring and fiber optic cabling contract with Com-Tech of McDonough for a period of one year to perform network (Cat 5, 6) and fiber optic cabling and repairs, and authorize the Chairman to execute all associated documents.

 

PARKS AND RECREATION

Bid award for rental of Portable Restroom Trailers

          Tim Coley, Director of Parks and Recreation, presented the agenda item to the Board.  The Parks and Recreation Department has a need for portable restroom trailers at various parks and special events throughout the County.  Sealed bids were issued to 11 vendors and 3 vendors submitted bids.  After review staff recommended the bid be awarded to Comfort Zone Portables.

          Commissioner Stamey made the motion to award the bid to Comfort Zone Portables; Commissioner Holder seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, a need exists to provide portable trailer toilets at various parks and events by Parks and Recreation; and

          WHEREAS, the vendor shall furnish, deliver, install, service and remove portable trailer toilets at various parks and events; and

          WHEREAS, the Henry County Parks and Recreation Department budgeted funds to cover the expense; and

          WHEREAS, Mass Services Inc., dba Comfort Zone Portables provided the only pricing per Item Price Schedule from bid as verified by the Budget and Procurement Department during the bid process SB-08-15-090707-1;

          NOW THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners, approve and authorize the Chairman to sign any and all documentation to accept the only bid pricing per Item Price Schedule from Mass Services Inc., dba Comfort Zone Portables to furnish, deliver, install, service and remove portable trailer toilets at various locations within Henry County.  All budget transfers and journal entries needed to account for this transaction are hereby approved by this resolution. 

 

SENIOR SERVICES

First Amendment to the Atlanta Regional Commission Contract for FY 2008

          Susan Craig, Director of Senior Services, presented the agenda item to the Board.  The first amendment represents cuts in most fund sources.  The total net reduction is $23, 786.  Service reductions will be handled through attrition, which will result in a longer wait for new referrals.

          Commissioner Holder made the motion to approve the first amendment to the ARC contract for FY 2008; Commissioner Stamey 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 Atlanta Regional Commission’s FY 07-08 First Amendment 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 First Amendment to the Aging Subgrant Contract between the Atlanta Regional Commission and the Henry County Board of Commissioners.

          THEREFORE, BE IT RESOLVED, that the Henry County Board of Commissioners approves said First Amendment and authorizes the Chairman to execute same on behalf of the Board, for the benefit of the senior citizens of Henry County.

 

SPLOST/CAPITAL PROJECTS

Acceptance of a donation of a Blacksmith Shop and related items for the Heritage Park Village

          Roy Clack, Director of SPLOST/Capital Projects, presented the agenda item to the Board.  Janette Gardner, widow of Bob Gardner who served on the Planning & Zoning Board for many years, wanted to donate a traditional blacksmith shop and related items to be relocated to Heritage Park Village.  The blacksmith shop includes a brick fire pit with blower and various tools, either handmade or collected antiques.  The relocation of the shop would be handled by county staff and will be funded from the Heritage Park budget.

          After discussion regarding the cost (approximately $3,000 as stated by Mr. Clack) and means of moving the building, Commissioner Stamey made the motion to approve the request.  The motion failed for lack of a second.

Commissioner Bowman made the motion to table the item to the January 10th meeting so that donations could be solicited to fund the move and relocation of the blacksmith shop; Commissioner Stamey seconded.  The motion carried unanimously.

COUNTY MANAGER COMMENTS

          There were no comments.

COUNTY ATTORNEY COMMENTS

Approval to establish a uniform cable franchise fee rate applicable to all cable operators providing cable service in Henry County and amending Ordinance § 3-3-10

          Patrick Jaugstetter, County Attorney, presented the agenda item to the Board.  Beginning January 1, 2008, the recently enacted Consumer Choice for Television Act (HB 227) will allow cable operators to obtain State-issued cable franchises directly from the Secretary of State as opposed to entering into local franchise agreements with governments as Henry County.

          Henry County currently assesses a franchise fee rate of 5% pursuant to the local franchise agreements it has with Charter Communications and ComCast (the incumbent service providers).  Their local agreements are scheduled to expire in 2010.  However, beginning January 1, 2008, the incumbent service providers can elect to terminate their franchise agreements with the County in favor of obtaining a State issued Cable Franchise license.  In addition, other cable providers and video service providers will be able to obtain State issued Cable Franchise licenses and begin providing cable service in Henry County without being required to engage in any negotiations with the County.  In order to assess and collect franchise fees from State-issued Franchise cable operators, Henry County must adopt a Resolution establishing a uniform franchise fee rate that will be applicable to all cable operators doing business in Henry County.  It was recommended that the County adopt a franchise fee rate of 5%, the maximum rate allowed by federal law.  It was further recommended that Henry County Ordinance § 3-3-101(b)(6) be amended to specifically include this franchise fee rate amount.

          Commissioner Stamey made the motion to adopt a franchise fee rate of 5% and approve the amendment to Henry County Ordinance § 3-3-101(b)(6) be amended to specifically include this franchise fee rate amount; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Georgia General Assembly has recently enacted the Consumer Choice For Television Act (HB 227) which authorizes cable providers and video service providers (collectively referred to herein as “cable operators”) to obtain State-issued Cable Franchises in lieu of local franchises beginning January 1, 2008; and

          WHEREAS,  the Consumer Choice For Television  Act (“the Act”) allows cable operators who have obtained State-issued Cable Franchises to provide cable service in local jurisdictions such as Henry County; and

          WHEREAS, the Act further authorizes affected local jurisdictions to establish a uniform cable franchise fee rate applicable to all cable operators doing business within their jurisdiction up to the federal maximum rate of five percent (5%) of the cable operator’s gross revenues; and

          WHEREAS, upon the establishment of a uniform cable franchise fee rate, local governments are required to provide written notice to the Secretary of State and each State Franchise cable operator seeking to do business in Henry County before such fee can be assessed and collected.

          NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County that the cable franchise fee rate applicable to all cable operators doing business in Henry County is hereby established at five per cent (5%) of each cable operator’s gross revenues as defined by law;

          BE IT FURTHER RESOLVED that the Clerk is authorized and directed to transmit a certified copy of this Resolution to the Office of the Secretary of State for inclusion in its records;

          BE IT FURTHER RESOLVED that Henry County Ordinance §3-3-101(b)(6) shall be  amended  to read as follows:

(6)  The franchise fee shall be determined by the board of commissioners at the time of the public hearing and shall be reviewed by the board of commissioners on an annual basis thereafter and is subject to change upon notice to the franchisee and public hearing.  However, beginning January 1, 2008, the franchise fee rate applicable to all  cable operators doing business in Henry County under a local franchise agreement shall be 5% of the cable operators’ “gross revenues” as that term is defined by Georgia law.

 

PUBLIC COMMENTS

          There were no comments.

 

APPROVAL OF THE MINUTES

November 19th minutes

          Commissioner Stamey made the motion to approve the November 19th minutes; Commissioner Holder seconded.  The motion carried unanimously.

November 20th minutes

          Commissioner Holder made the motion to approve the November 20th minutes; Commissioner Bowman seconded.  The motion carried 3-0-2 with Commissioners Holder, Bowman and Mathis in favor and Commissioners Stamey and Basler abstaining due to being absent for that meeting.

UPCOMING MEETINGS

                 1.      Tuesday, December 4th @ 9:00 a.m., Regular BOC meeting (There are no agenda items for this meeting)

Commissioner Holder made the motion to cancel the December 4th meeting; Commissioner Stamey seconded.  The motion carried unanimously.

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

                 3.      Thursday, January 10th @ 6:30p.m., Joint Board of Commissioners and Board of Education meeting

                 4.      The Monday, December 31st meeting has been cancelled. Any agenda items for this meeting will be addressed at the January 10th meeting.

 

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

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

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

EXECUTIVE SESSION

Commissioner Stamey made the motion to adjourn into Executive Session in accordance with the provisions of O.C.G.A. 50-14-3, and other applicable laws, and pursuant to advice by 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 Holder seconded.  The motion carried unanimously.

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

Adjournment

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

                  

                                                                              Elizabeth Mathis, Vice-Chairman

 

Shay Mathis, County Clerk