STATE OF GEORGIA
COUNTY OF HENRY
The Henry County Board of Commissioners held a regularly scheduled Public Meeting at 9:00 a.m. on Monday, July 31, 2006, in Conference Room “B,” 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, presiding
Gerry Adams, Vice-Chairman, District IV Commissioner
Warren E. Holder, District I Commissioner
Elizabeth (“B.J.”) Mathis, District II Commissioner
Randy Stamey, District III Commissioner
Lee Holman, District V Commissioner
Also attending were Rob Magnaghi, County Manager; Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Peggy L. Malcolm, Deputy County Clerk; Janine Robertson, Deputy County Clerk; Michael F. Turner, Deputy County Manager and Public Safety Division Director; Michael Harris, Planning and Development Division Director; Terry McMickle, Public Works Division Director; Angie Bailey, Interim Administration Division Director; Michael Sabine, Assistant to the County Manager; Don Ash, Emergency Communications Director; Julie Hoover-Ernst, Communications Director; Roy Clack, SPLOST/Capital Projects Director; Michael Abraham, Assistant Director of Building & Inspections; Tommy Smith, Executive Assistant to the Board of Commissioners for Constituent Services; Steve Schafer, Development Plan Review Director; Becky Zebe, Human Resources Director; Chief Barry Jenkins, Fire Department; and others.
(NOTE: An audio of this meeting is available with the County Clerk in the Board of Commissioners’ Office and will be retained for a period no less than twelve (12) months from the date of this meeting.)
Chairman Harper called the meeting to order and asked for an Acceptance of the Agenda; Commissioner Adams made the motion to approve the Agenda; Commissioner Holder seconded. The motion carried unanimously.
PUBLIC SAFETY DIVISION:
Presentation Regarding Certification as a Storm Ready Community.
Mr. Michael Turner, Public Safety Division Director, said, “we are here as part of the proactive nature of Henry County’s Public Safety Division to talk about being prepared for the next storm, which may threaten our community. Part of our proactive nature is to seek any certifications or training that will allow us to recognize potential dangers and be prepared for them. In cooperation with the National Weather Service, GEMA, and a number of others, the cities and their public safety departments have also been participating in this process. It is my pleasure to introduce the people who are here to accept that; on behalf of the Board of Commissioners, Chairman Jason Harper; for the Cities, City of Locust Grove Mayor Lorene Lindsey; City of Stockbridge City Manager, Mr. Ted Strickland; City of Hampton Mayor R. W. Coley; and on behalf of the Public Safety Divisions in Henry County, Chief Barry Jenkins from the Fire Department and Deputy Chief Brad Johnson; from McDonough Fire Department, Chief Don Crowell and Lt. Jim Harvey; from the Locust Grove Police Department, Chief Jesse Patton; from the Hampton Police Department, Chief Rad Porter; from the McDonough Police Department, Chief Preston Dorsey, and our GEMA Area Coordinator, Ms. Sheri Russo. It is my honor to present Mr. Barry Gooden, Warning Coordination Meteorologist from the National Weather Service in Peachtree City, Georgia.”
Mr. Barry Gooden said he was here today to recognize the efforts and works of Henry County Emergency Management Agency to become a Storm Ready Community. He said some of the things necessary are 1) having an Urgency Manager, as well as an EOC, where they can make decisions that need to be made in the event of an emergency; 2) having a plan to respond to the various emergencies related to weather and other hazards affecting Henry County; and 3) preparing the community for the response to the emergencies. Mr. Gooden said one of the ways to prepare the community is by having seminars. He said this is a partnership where the County receives information and then passes information back to the Weather Service.
Ms. Sheri Russo, Georgia Emergency Management Agency Area Coordinator, briefly gave an overview of the partnership; she said it is a partnership among Local, State, and Federal agencies, and it is taking an additional step to protect the citizens of Henry County. She said a system is in place currently to protect the citizens, and this is taking it to the next level. Ms. Russo said the Commissioners should be very proud and confident in the County’s public safety staff, because they are extremely proactive in taking that next step to protect the citizens.
Mr. Lans Rothfusz, Meteorologist in Charge, National Weather Service in Peachtree City, stated as he watches the forecast and radar, as storms are coming through or approaching Henry County, they issue all of the warnings and put statements out to make the public aware of what is coming. He said it all comes down to how well prepared the community is; the better prepared they are, the better everyone looks. Mr. Rothfusz said what the County has in place with Storm Ready, recognizes the fact the system is going to work well. He said the citizens of Henry County can rest assured the County has taken all of the appropriate steps to prepare for emergencies. He stated just because the County is Storm Ready does not mean they are storm-proofed. “Ms. Russo mentioned the partnership among the State, Federal, and Local officials to make this happen; but it does not stop there. I encourage all the citizens to take the viewpoint that this is a full-threaded partnership, because it does not stop at the local level; this goes to the personal level. In your homes, do you have weather radios? Do you know what to do once the tornado warning is issued for your home or area? It is a partnership all the way through, and Storm Ready says the system is in place. I want to thank all of you for your support in making this happen, because the financial support that the Commission provides to emergency services through the County has made this possible.
(Chairman Harper came forward to unveil the Storm Ready National Weather Service sign, and photos were taken of all the Commissioners and distinguished guests/officials.)
Commissioner Holder said there was one name that was overlooked in the presentation, and he is very vital and key in Henry County’s Emergency Management. Commissioner Holder recognized Mr. Don Ash, Director of Emergency Communications. He said from a personal standpoint and as a Commissioner, Don Ash has informed him of anything happening whether it is weather-related, or whatever probably quicker than any of the other people in this County. He said he could not let this go without some recognition for Don’s efforts in making Henry County a safer place.
Commissioner Stamey referenced the ‘Storm Ready’ sign and asked where it would be displayed.
Mr. Don Ash stated since the County is certified as ‘Storm Ready,’ these signs will be posted at every entrance into Henry County and at all City Limits within Henry County.
Request for Approval to Renew the Maintenance Contract for the 800mhz Public Safety Communications System.
WHEREAS, the Henry County Emergency Communications Center provides support to all users of the wireless communications system; and
WHEREAS, the proper operation of the radio system, is essential for the delivery of public safety communications; and
WHEREAS, MA/Com Private Radio Systems, Inc., is the sole service provider for the EDACS communications system; and
WHEREAS, the system maintenance contract must be reviewed each year. The annual cost for this service is $496,282.00. This was budgeted for 2006-2007.
NOW THEREFORE, the Henry County Board of Commissioners authorizes the Chairman to execute the EDACS System Maintenance Agreement with MA/Com Private Radio Systems.
Mr. Mike Turner, Public Safety Division Director, said this is the yearly renewal of the maintenance contract for the MA/Com System; he said it is a sole-source system through EDACS Communications, and the maintenance contract is approximately $496,282.00 for the year. He said this includes all of the maintenance of not only the main operating radio, but all of the portable radio systems throughout the County. Mr. Turner stated this is an additional increase over last year, but the County has added additional equipment and the County’s radio system is getting older and will require more maintenance as time goes along. He said the contract includes parts and service, and this would be the majority of the radio expenditures for maintenance for this year.
Commissioner Adams made the motion to approve the resolution; Commissioner Stamey seconded. The motion carried unanimously.
Request Approval of a Hold-Harmless Agreement with the YMCA for Use of the Ropes Course for the Fire Department Technical Rescue Team.
WHEREAS, the YMCA owns and maintains a “ropes” course and repelling tower in Henry County expressly used for team and skills building courses; and,
WHEREAS, the Henry County Fire Department’s Technical Rescue Unit needs specialized training in team development, high angle rescue, and repelling; and,
WHEREAS, the YMCA has offered the use of their “ropes” course at no charge, only requesting a hold-harmless agreement with Henry County;
NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners authorizes the Chairman of the Henry County Board of Commissioners to execute the attached hold-harmless agreement to allow the Henry County Fire Department access and use of the YMCA “ropes” course.
Mr. Turner stated the Fire Department’s Technical Rescue Team handles any rescues above the norm for fire service to include below-grade and above-grade confined space building entrapment. He said they have asked for access to the technical ropes course that the YMCA uses for team building purposes. He said the YMCA has allowed access to this with only the use of a hold-harmless agreement, and there will be no charge for it, and the County will use their ropes course to do the training.
Commissioner Stamey made the motion to approve the request; Commissioner Holder seconded. The motion carried unanimously.
PLANNING AND DEVELOPMENT DIVISION:
Mr. Theron Adams is Requesting a 109-Day Extension for a Move-In Structure Located at 401 Cook Drive.
WHEREAS, Mr. Theron Adams received a building permit on January 13, 2006 for a move-in house to be located 401 Cook Drive, Ellenwood, Georgia 30294; and
WHEREAS, on March 3, 2006 a foundation inspection was requested, inspected and passed and on April 12, 2006 a plumbing slab inspection was requested, inspected and passed and on April 19, 2006 a basement slap inspection was requested, inspected and passed; and
WHEREAS, due to circumstances, the project was not completed and a 30-day extension was filed and granted which extends the permit to July 13, 2006; and
WHEREAS, no additional building inspections have been requested as of April 21, 2006.
NOW, THEREFORE, BE IT RESOLVED Mr. Theron Adams is requesting the Board of Commissioners grant a 109-Day extension to complete the project by October 30, 2006;
BE IT FURTHER RESOLVED the Board of Commissioners:
___X____ Approve this request and grant a 109-Day extension to Mr. Theron Adams for a move in house located at 401 Cook Drive
this request for a 109-Day Extension.
Mr. Michael Abraham, Assistant Director of Building and Inspections, said the applicant has received his foundation inspections, and they have all passed as of April, 2006. He stated Mr. Adams has requested a 109-day extension to complete his move-in structure by October 30, 2006, and the bond for this structure expires November 9, 2006. Mr. Abraham said the Building Department has no objections to this request.
Commissioner Holman made the motion to approve the request for the 109-day extension for the move-in house and added, “Ellenwood, Georgia 30294” after the 401 Cook Drive address in the first paragraph and to strike “deny this request for a 109-day extension;” Commissioner Holder seconded. The motion carried unanimously.
ASSISTANT TO THE COUNTY MANAGER:
Request Approval of a Resolution Appropriating Library Impact Fee Proceeds to the County Library System.
WHEREAS, the Board of Commissioners, by action at their October 7, 2003 meeting, have lawfully adopted an Impact Fee Ordinance in accordance with Georgia law, specifically OCGA 36-71-1, et seq.; and
WHEREAS, the Board has established a category of system improvements under said Ordinance for Libraries; and
WHEREAS, the Henry County Library System is the custodian of the public libraries with the County; and
WHEREAS, the Board desires to assist the County Library System through assistance with collection material new growth needs for the County Library System during current FY 2006-2007; and
WHEREAS, the Board desires to appropriate available impact fee revenues for the aforementioned public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HENRY COUNTY that the Board hereby appropriates $325,000 in Library Impact Fee revenues to the Henry County Library System for collection material new growth needs during current FY 2006-2007, and that the Board directs payment of the aforementioned $325,000 to the County Library System.
Mr. Michael Sabine, Assistant to the County Manager, said this is the annual appropriation of eligible impact fee proceeds to the Library System for collection materials that will service new growth.
Commissioner Mathis asked if impact fees were appropriate to use for the purchase of land for an additional library.
Mr. Sabine confirmed.
Commissioner Mathis asked, “if this money is appropriated for materials for the current library, will that leave sufficient funds for us to proceed with purchasing land for a library in the Hampton area?”
Mr. Sabine said, “yes;” he said after this is appropriated, there will be an excess of $300,000 in there today, and then they will be continuing to bill throughout the remainder of the fiscal year.
Commissioner Adams asked Mr. Sabine to define ‘collection material needs.’
Mr. Sabine said books.
Commissioner Stamey asked, “is the $300,000 before this $325,000 or do you have $300,000 today?”
Mr. Sabine said, “that is on top of this; we are trying to strike a balance between the collection materials element and the capital facilities element within library impact fees.”
Commissioner Holder made the motion to approve the request; Commissioner Stamey seconded. The motion carried unanimously.
Request Award of a Bid and Budget Amendment Regarding Paving and Improvements to Colvin Drive.
WHEREAS, Colvin Drive is a designated SPLOST II project; and
WHEREAS, sealed bids were solicited; and
WHEREAS, SPLOST Management received five (5) bids for paving and improvements to Colvin Drive; and
WHEREAS, a budget amendment is needed to cover the increased construction and related cost in the amount of $2,479,307.00 making the total project budget $2,964,247.00; and
WHEREAS, funding for this budget amendment is available in SPLOST II Unallocated; and
WHEREAS, SPLOST Management recommends the low bidder, Lambert Sand & Gravel with a bid amount of $2,198,346.75.
NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a budget amendment and the proposal of Lambert Sand & Gravel and authorizes the Chairman of the Board to sign all necessary documents for paving and improvements to Colvin Drive. All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.
Mr. Roy Clack, SPLOST/Capital Projects Director, said Colvin Drive is approximately two (2) miles long. He said the original budget for construction of this road was $169,070.00.
Commissioner Holder said, “we all mis-project prices by some, but when you go from less than $200,000 to $2.9 million, that is missing it along way.” He stated a move was initiated by a previous SPLOST Director to do a lot of triple surface or ‘grade and pave,’ and that is why the budget came in so low, and that is why now the County is seeing many projects, after further review, that have to be paved and paved the right way. Commissioner Holder said in the $169,070.00, there was no utility relocation or right-of-way acquisition; it was just pave it where it is and go. He said it was not because staff did not project those costs adequately; he said it was because of a totally different approach to the paving.
Commissioner Holder made the motion to approve the resolution and authorize the Chairman to sign; Commissioner Adams seconded. The motion carried unanimously.
Request Approval of a Budget Amendment for Timberridge Fire Station #13 for the Purchase of Furniture, Fixtures, and Equipment.
WHEREAS, Fire Station # 13 is a new fire station nearing completion; and
WHEREAS, the budget did not include funding for furniture, fixtures or equipment; and
WHEREAS, a budget amendment is needed in the amount of $ 50,000.00.
NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves a budget amendment for Fire Station # 13 for the purchase of FF&E. All budget amendments and/or transfers necessary for proper accounting of this resolution will hereby be approved.
Mr. Clack said Fire Station #13 is located on Highway 20 east of McDonough at Timberridge, near the Timberridge School. He said they failed to have a line item budget for furniture, fixtures, and equipment, which would include bunks, chairs, dinette table, TV, microwave, etc. He said this is a new station; therefore, there is no equipment being moved from a previous station, and this will come out of fund balance.
Commissioner Stamey made the motion to approve the budget amendment for the Timberridge Fire Station; Commissioner Holder seconded. The motion carried unanimously.
Request Award of a Bid and Budget Amendment Regarding the Purchase of Bleachers at Moseley Activity Building for Two (2) Gymnasiums.
WHEREAS, Moseley Park Activity Building is nearing completion; and
WHEREAS, sealed bids were solicited for the purchase of bleachers for two (2) gymnasiums; and
WHEREAS, SPLOST Management received 3 bids for double foot planks tip-n-roll bleachers; and
WHEREAS, we recommend the low bidder, Swartz Associates (National Recreation) in the amount of $13,892.00.
NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the bid award of Swartz Associates and authorizes the Chairman of the Board to sign all necessary documents for the purchase of double foot bleachers.
Mr. Clack said this is one of the last large items the County has to purchase for the Recreation Center at Moseley Park; he said these are bleachers that will be allowed to be removed by picking them up and rolling them. He said they bid this two ways; single-foot plank and a double-foot plank, and he wanted to make sure the County could afford the double-foot plank. Mr. Clack stated a budget amendment is not needed, because it is within the County’s budget to purchase the bleachers.
Commissioner Adams made the motion to approve the resolution; Commissioner Holder seconded. The motion carried unanimously.
REQUEST APPROVAL TO ALLOW FOR THE PLACEMENT OF A FENCE AROUND THREE (3) GRAVESITES THAT ARE LOCATED IN THE RIGHT-OF-WAY OF NORTH BETHANY ROAD.
Mr. Tommy Smith, Executive Assistant to the Board of Commissioners for Constituent Services, stated Bethany Baptist Church has made a request to the County to allow for the placement of a fence around three (3) gravesites that are located within the right-of-way of N. Bethany Road, where the earliest gravesite is dated 1928. He said their intent is to run a fence approximately six (6”) inches away from the right-of-way contiguous to the east right-of-way of N. Bethany Road. Mr. Smith said after discussing this issue with the Planning and Zoning Department and the DOT, it was decided DOT could approve the permitting, but they could not approve the site. Therefore, the Church is asking for permission to install a chain-linked fence around the three (3) gravesites and then install a fence on their right-of-way.
Commissioner Stamey made the motion to approve Bethany Baptist Church to fence in the area around the cemetery; Commissioner Adams seconded. The motion carried unanimously.
APPROVAL OF MINUTES:
Commissioner Mathis made the motion to approve the July 17th and July 18th, 2006 Board of Commissioners’ Meeting Minutes; Commissioner Stamey seconded. The motion carried unanimously.
COUNTY MANAGER COMMENTS:
Mr. Rob Magnaghi did not have any comments.
COUNTY ATTORNEY COMENTS:
Mr. Patrick Jaugstetter did not have any comments.
There were no public comments.
UPCOMING MEETINGS OF THE BOARD:
8/11/06 Friday 9:00 a.m. Called Meeting to adopt the Millage Rate
8/14/06 Monday 9:00 a.m. Regular Board of Commissioners Meeting
8/15/06 Tuesday 6:30 p.m. Regular Board of Commissioners Meeting
9/04/06 Monday No Meeting – Labor Day Holiday
9/05/06 Tuesday 9:00 a.m. Regular Board of Commissioners Meeting
Commissioner Adams made the motion to adjourn into Executive Session at 9:42 a.m., in accordance with the provisions of O.C.G.A. 50-14-3, and other applicable laws, and pursuant to advice by Patrick Jaugstetter, the County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters; Commissioner Stamey seconded. The motion carried unanimously.
Commissioner Adams made the motion to reconvene into Public Session at 11:08 a.m.; Commissioner Stamey seconded. The motion carried unanimously.
Commissioner Mathis made the motion to authorize the Chairman to sign the affidavit of the Executive Session; Commissioner Adams seconded. The motion carried unanimously.
Commissioner Mathis made the motion to amend the August 1, 2006 Agenda to add an Executive Session for real estate and litigation matters; Commissioner Holman seconded. The motion carried unanimously.
Commissioner Adams made the motion to adjourn; Commissioner Stamey seconded. The motion carried unanimously.
Jason T. Harper, Chairman
Peggy L. Malcolm, Deputy County Clerk