The Henry County Board of Commissioners held a regularly scheduled Public Meeting at 9:00 a.m. on Monday, June 19, 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 Michael F. Turner, Deputy County Manager and Public Safety Division Director; LaTonya Wiley, Deputy County Attorney; Shay Mathis, County Clerk; Janine Robertson, Deputy County Clerk; Michael Sabine, Assistant to the County Manager; Michael Harris, Planning and Development Division Director; Terry McMickle, Public Works Division Director; Fred Chitwood, Administration Division Director; Doug Gilbert, Building Department Director; Mike Bush, Financial Services Director; Ray Gibson, Planning & Zoning Director; Cheri Hobson-Matthews, Planning & Zoning Assistant Director; Angie Sorrow, Budget and Procurement Director; Larry Hutson, Information Systems Director; Julie Hoover-Ernst, Communications Director; Angie Bailey, Operations Analysis/Support Services Manager; Tommy Smith, Executive Assistant to the Board of Commissioners for Constituent Services; 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, noting two (2) changes to the Agenda.  Under Item VI – SPLOST/Capital Projects, the Request for Approval to Increase the (2002) SPLOST Budget will be moved to the Tuesday, June 20th Meeting, and under Item XII, the Formation of a Committee to Make an Appointment to the Henry County Board of Elections and Registration will be moved to the Tuesday, June 20th Board of Commissioners’ Meeting. 


Commissioner Adams made the motion to approve the amended Agenda; Commissioner Stamey seconded.  The motion carried unanimously.





Kenneth Thayer is Requesting a 133-Day Extension for a Move-In House to be Located at 355 Chambers Road.


WHEREAS, Mr. Kenneth Thayer received a building permit on December 7, 2005 for a move-in house to be located 355 Chambers Road; and


            WHEREAS, on May 4, 2006 a foundation 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 5, 2006; and


            WHEREAS, no additional building inspection have been requested as of May 4, 2006.


            NOW, THEREFORE, BE IT RESOLVED Mr. Kenneth Thayer is requesting the Board of Commissioners grant a 133-Day extension to complete the project by November 15, 2006.


BE IT FURTHER RESOLVED the Board of Commissioners:


___X____       Approve this request and grant a 133-Day extension to Mr. Kenneth Thayer for a move in house located at 355 Chambers Road




                        _______          Deny this request for a 133-Day Extension



Mr. Doug Gilbert, Building Department Director, said the only inspections that have been done, up to this point, are the footing inspections.  He said if this request is extended for the new completion date of November 15, 2006, the current performance bond would still be in effect without being renewed.  Mr. Gilbert stated the foundation has been poured and the block work has been done, and the house has been set on the foundation.  He said the permit was issued on December 7, 2005.


Commissioner Mathis asked if the applicant could get the work completed in the amount of time allocated. 


Mr. Kenneth Thayer said he did not obtain the house until March, 2006, and due to some job-related problems, he is in the process of hiring a general contractor.  He said during the winter, the inclement weather and mud delayed the move of the house on site. 


Commissioner Mathis made the motion to grant the request for the extension of 133-days to complete the home located at 355 Chambers Road; Commissioner Holder seconded.  The motion carried unanimously.



Mr. Mark Griswell of Sandy Spur Development, LLC is Requesting an Appeal of Current Zoning for the Property Located on Walker Drive.


Mr. Ray Gibson, Planning and Zoning Director, said the applicant is appealing staff’s decision regarding the zoning of 7.22+/- acres of land located with the “Gone With the Wind” planned development.  He said the applicant obtained approval on October 21, 2003 to modify the Master Development Plan for two (2) developments currently known as “The Villages” at Centerra Ridge and the “Manors” at Centerra Ridge.  Mr. Gibson said six (6) months ago, the applicant called the Planning and Zoning Department, and the staff member, who assisted the applicant, notified them the property was zoned commercial. As in the approval of the modification on October 21, 2003, the Concept Plan had the 7.22+/- acres shown as proposed commercial.  Mr. Gibson said in talking to the applicant three (3) months ago, he went through the file and did not notice any C-2 zoning for the subject property.  Mr. Gibson went through the Master Development Plan and noticed the subject property was designated as a support area within the “Gone With the Wind” development with an RA zoning attached to it.  He said, therefore, the only mention of commercial, besides the Concept Plan saying ‘proposed commercial,’ was during the Planning Commission Meeting before the approval.  “There was no discussion of whether it was C-1, C-2, or C-3 zoning, and from our standpoint, we cannot pin whether it was actually zoned. I know our Planned Development does have floating zoning categories within it, and there was some commercial approved within the “Gone With the Wind” development, but at this time, I cannot see where the commercial zoning was through the documentation.” 


Commissioner Mathis said this is the first time she had seen this information.  She did not think it was fair for the Board to make a decision with just receiving the information, and it was not part of the Exhibit Book for this meeting.  Commissioner Mathis made the motion to table this item until the next month’s Commission Meeting to give her ample time to review and to meet with the Planning Staff.


Chairman Harper said this is an Administrative Appeal, and he asked the applicant if he could meet with Commissioner Mathis and then come back to the Tuesday night Board of Commissioners’ Meeting. 


Mr. Griswell agreed.



Commissioner Mathis amended her motion to table this item and to be placed on the Tuesday, June 20th Board of Commissioners’ Meeting Agenda; Commissioner Holman seconded. The motion carried unanimously.





A Request for Approval of a Lease/Purchase Agreement with IBM Global Financing / Dynamix Group, Inc.


WHEREAS, there is a need to upgrade two existing IBM AS400’s currently in use for BOC Administration and Bureau of Police Services.  Current equipment has reached a point where further enhancements are no longer supported by the manufacturer; and


WHEREAS, the Henry County Board of Commissioners currently has a maintenance contract for existing equipment that progressively increases due to the age of the equipment; and


WHEREAS, the funding for this project is approximately the same as current budgeted maintenance fees and the difference of $530 can be absorbed within the Information Systems budget.


NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners authorize the Chairman of the Board of Commissioners to approve the lease/purchase of a new iSeries AS400, Model i520 from IBM Global Financing / Dynamix Group, Inc.



Mr. Larry Hutson, Information Services Director, stated this request is to enter into a 5-year lease.  He said the current AS400’s are 5 and 6 years old, and the maintenance cost is running $51,346.00 a year.  Mr. Hutson said they applied for a new AS400 in the budget, but it was not approved; therefore, they went to alternate sources.  He said this would give increased capacity to do backups for 911 and will serve Administration and Police Services. 


Commissioner Holder asked if the County would still be responsible for the $51,346.00 maintenance agreement on the lease.


Mr. Hutson said it would be included in the lease. 


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






Request to Award a Bid Regarding the Purchase of Cypress and Hardwood Mulch for the Recreation Department.


            WHEREAS, sealed bids were solicited for the purchase of cypress and hardwood mulch for the Parks and Recreation Department;


            WHEREAS, three (3) vendors submitted bids for this purchase, as indicated on attached summary sheet; and


            WHEREAS, funds are available in the budget of the Parks and Recreation Department for this commodity; and,


            WHEREAS, Wilson Brothers’ bid meets bid specifications and is recommended by department personnel.


            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the bid for the purchase of cypress and hardwood mulch for the Parks and Recreation Department to Wilson Brothers’ Nursery; award as unit/price contract with no fixed quantities; prices will remain fixed for one contract period.  The Chairman is authorized to sign all necessary documents to accomplish this purchase.



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



Request to Award a Bid Pertaining to the Purchase of Cisco Systems, Hardware, Software, Materials and Services.


            WHEREAS, sealed bids were solicited for the purchase of products and services as manufactured and provided by Cisco Systems for the Information Systems Department; and


            WHEREAS, five (5) vendors responded to the Request for Proposal for this project, as indicated; and


            WHEREAS, funding for any equipment or services will be offset by current phone charges that will be eliminated by installing a new phone system; and


            WHEREAS, departmental personnel recommend award to Adcap Network Systems, Inc. as overall best ranking and best discount (42%) from manufacturer’s current pricing.

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the contract for the purchase of Cisco Systems products and services to Adcap Network Systems, Inc.; contract award shall be as a fixed discount from the manufacturer’s current prices.  The Chairman is authorized to sign all necessary documents to accomplish this purchase.



Mr. Clark Rainer, Systems Analyst, said based on a 50% analysis on just the price and 50% based on the level of service, he thought Adcap Network Systems would be the preferred vendor and the low bidder.  Mr. Rainer said this is the telephone systems, which was presented to the Board earlier.  He stated the numbers have been assigned by the Public Service Commission, and the numbers would be 770-288-6000 through 8499.  Mr. Rainer said the main number to the County and victim hotlines would be retained until they could be phased out, but numbers for emergency contact information would probably always stay the same.  He added this would be paid for and would be offset by what the County is currently paying for telephone service.  He said the new equipment, telephones, maintenance, the cost paid to the PSC, and the cost to BellSouth for the main trunk lines will all be included.  Mr. Rainer said the County will be better off, than what they are now by paying GTA.    


Commissioner Holder made the motion to approve the request; Commissioner Holman seconded.


Mr. Bush, Financial Services Director, said every month the County pays GTA a phone bill, roughly $90,000.  He said, “what we are going to do is have a 6-month carryover, when we leave GTA and go to the new telephone system, we will pay no bills.  That way, we think we will be completely through with everything, in that 6-month change over period.  Then that phone bill ($90,000) is earmarked for the phone bill, whether it is this fiscal year or next fiscal year.  This is already budgeted for everyone’s telephone.”


The vote was taken; the motion carried unanimously.





A Request to Award a Bid to Purchase One Ambulance and Associated Equipment for the Fire Department.


               WHEREAS, in December, 2005 one of Henry County’s ambulances was struck by a suspected drunk driver and overturned, totaling the ambulance; however, insurance has only reimbursed the County $25,000 for the damage; and


            WHEREAS, due to the increasing call volume this ambulance and intrinsic equipment need to be replaced as soon as practicable; and


            WHEREAS, under the terms of our bid for previous ambulances, Taylor Made Ambulance Company has agreed to extend the 2005 contract price of $123,025.00 for the replacement ambulance; and


WHEREAS, the new ambulance purchase did not include the cost of the equipment necessary to provide life sustaining support; and


WHEREAS, the Life Pac equipment is sole source vendor and the remainder was selected through competitive bidding with low/responsive bidder selected; while the other equipment (see table below) is necessary to support the activities of the ambulance; and


One Hand Held Oximetery - $506.64

Two Scott Air Packs - $5,600

Four Carbon Fiber Cylinders - $3,200

Life Pac Cardiac Monitor - $28,083

One Suction Unit - $449

Two Portable Radios - $7,500

One Auto-Pulse Cardiac Kit - $16,000

Three Headsets - $4,500


WHEREAS, the ambulance and all of the equipment listed above have a minimum ten year service life, supplements current service and, therefore, qualifies to be purchased from Fire Impact Fees.


           NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners enacts the provisions of the former bid for the purchase of one (1) 2006 year model ambulance from Taylor Made Ambulance and authorizes purchase of the associated equipment through the use of acceptable purchasing practices using Fire impact fees. FURTHER BE IT RESOLVED the Commission authorized the Chairman to sign all documents necessary to accomplish these purchases.



Mr. Michael Turner, Public Safety Division Director, said this will take 120 days from the day the County orders this ambulance for it to arrive.  He asked the Board to grant permission to order a new ambulance from Taylor Made Ambulances; he said the reason it did not go out for bid is originally a caveat was put in the contract allowing the County to extend the purchasing price up to one (1) year and keep it fixed at the price the County paid for the three (3) ambulances last year.  Mr. Turner said Taylor Made Ambulances has agreed to honor that cost of $123,025.00 per ambulance, and there is an additional amount of equipment that must go on the ambulance costing approximately $65,000, that can be purchased out of Fire impact fees and not out of the budget itself.


Commissioner Stamey asked if anything was salvaged from the ambulance that was totaled. 


Mr. Turner responded, “very little;” he said if the ambulance rolls on its side, there is a 50% chance it will be totaled, but once it rolled across the top and then came back out, all of the equipment turned loose and rolled around inside of the ambulance.  He stated minor equipment was salvaged, but not the major equipment seen on this bid.  Mr. Turner said the minor equipment salvaged has been farmed out to other ambulances.


Commissioner Adams made the motion to approve the request and authorized the Chairman to sign the appropriate documents; Commissioner Stamey seconded.  The motion carried unanimously.



A Request to Accept a Grant Award Pertaining to the Henry County Juvenile Court Outreach Programs and Approval of the Related Budget Amendment.  


WHEREAS, Henry County Juvenile Court has made grant application to the Children and Youth Coordinating Council in the amount of $85,000.00 to enhance and implement new components to existing programs, requesting County match to be drawn from Henry County Juvenile Court Special Funds or County General Funds in the amount of $ 49,800.00.


WHEREAS, funds will be budgeted for year 06-07 in the Henry County Juvenile Court budget account 100-2020-526-20.12 (contract services) in the amount of $102,000.00, and account number 100-2020-526-30.17 (general supplies) in the amount of $ 22,800.00, and account number 100-2020-+526-10.13 (overtime) in the amount of $10,000.00.


NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners has reviewed the grant application to the Children and Youth Coordinating Council for the purpose of Juvenile Court Outreach Programs and approves the matching funds requested in the amount of $49,800.00, which will be drawn from Juvenile Court Special Funds account, and authorizes the Chairman to sign all documents necessary to accomplish this purpose.



Ms. Sandy Reagan, Community Service, Grants and Family Outreach Programs Coordinator, stated for the last five (5) years, Juvenile Court has been operating the existing funds on $49,000.00, and she applied for a grant for $85,000.00.  She said they will receive $85,000.00 per year for the next three (3) years. 


Commissioner Holder said Ms. Reagan has received a lot of grant money for the Juvenile Program over the past years, and he thanked her for all of her work. 


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










A Request for Approval of a Second Agreement for Use of the Inmate Work Detail.


WHEREAS, the Board of Commissioners as custodian of the County treasury seeks to provide efficient services in the most cost-effective manner that is feasible; and


WHEREAS, the Board of Commissioners is aware that an existing inmate work detail has been in place since January, 2006, subsequent to its approval by the Board in November, 2005; and


WHEREAS, the Board of Commissioners has been advised of a recommendation by County staff to add a second contract inmate work crew that is dedicated to the work needs of the Stormwater Management program.


NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County that the Board hereby approves the attached Agreement between Spalding County, Georgia and Henry County, Georgia for Use of Inmate Work Details.  The Chairman is hereby authorized to execute said Agreement on behalf of the Board.



Mr. Michael Sabine, Assistant to the County Manager, stated the Use of Inmate Work Details through Spalding County has been an unqualified success and has served to bolster County services in many areas, such as cleaning out stormwater detention ponds, helping in roadside litter cleanup, assisting Building Maintenance, as in painting the break room and the lower level of the Administration Building, and helping the Recreation Department in laying sod.   He said the intent is to keep the current crew and add a new crew for Stormwater Management, working fulltime.  Mr. Sabine said as with the existing crew, Henry County would pay for the gas and supply a vehicle. 


Regarding the vehicle, Commissioner Holder recommended looking at the possibility of a transit bus being converted.  He said a transit bus runs 8 to 10 hours a day, five (5) days a week, and this could save the County money. 


Commissioner Stamey asked who would provide the food for the inmates. 


Mr. Sabine said the Spalding County Correctional Institution gives the inmates a sack lunch; therefore, there would not be a care-cost for the inmates by Henry County.


Commissioner Adams asked for the number of hours of labor for these inmates.


Mr. Sabine said normally they arrive around 8:00 a.m. and they depart from Henry County at 3:15 p.m.



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



Chairman Harper said he forgot to amend the Agenda to add, ‘Discussion of a Pool Project with the City of McDonough.’  He said Mr. Sabine has been working on this project, as Mr. Magnaghi’s liaison, with the City.  He stated Mr. Sabine would like to update the Board on this matter.


Commissioner Holman made the motion to amend the Agenda to include this item; Commissioner Stamey seconded. The motion carried unanimously.



Discussion of a Pool Project with the City of McDonough.


Mr. Sabine said on June 1st he had the opportunity to attend a City Council Work Shop with the City of McDonough and discuss the status and some general parameters of the proposed swimming pool at Heritage Senior Center. He said those parameters, at that time, were shaped up, and they made a site visit to the Riverdale Senior Center in early November. He said they were leaning towards a 20’ X 40’ saline pool, more of a senior aquatic/therapy heated pool, with a chair-lift ranging in depth between three (3’) feet and five (5’) feet with an enclosure and ventilated.  He said it would also have appropriate changing rooms for both men and women. 


Mr. Sabine said the City Council of McDonough had a meeting last Monday; they had some questions, such as would the 20’ X 40’ pool be large enough (general use pool versus a special needs population pool).  He said the pool would be an improvement on County property, and the County would need to maintain it.  Mr. Sabine said recommendations from County personnel of the Capital Projects area stated a designed build would be the most efficient way to speed the improvement along and obtain a product in the County’s budget range, which in rough terms would be $400,000 divided between the two (2) governments. 


Chairman Harper said the County has several choices; “one is to say we are not interested, and the second option is we are interested and allow Mr. Sabine to work with them and bring back to the Board some options.  Thirdly, if Mr. Sabine is going to continue, we need to give him some direction of the Board’s opinion as to how to proceed.  If we are going to build a pool, the first discussion was to build a senior pool; however, in Mr. Sabine’s discussion, the issue is should we go bigger.  We need to consider and make a decision on, ‘a) do we build just the senior pool for use by the seniors, or b) build an enclosed pool (similar to the one in Alpharetta) and expand the size for after school swim teams.’”


Commissioner Holman asked for the difference in price between the 20’ X 40’ pool, as suggested, and the Olympic-size pool that Chairman Harper mentioned. 



Mr. Sabine said he had not priced an Olympic-size pool, but the cost would increase proportionately.  He said an Olympic-size pool is probably 30’ X 100’ in size. 


Commissioner Holder said the County would need to know the position of the City of McDonough, and the direction they would like to go.  He said once the County opens the pool privileges to the public and limits it to swim teams, it would have to be offered to basically anybody.  He said if the greatest need is for a senior pool with saline water (rather than chlorine water), then it would be limited, because it would not be a dive pool and would limit the liabilities.  Commissioner Holder said the County has committed to contribute to the YMCA, and they will have that type of pool, along with the liability.  He said the more people allowed at the facility, the more the liability level would go up tremendously.


Chairman Harper believed the intent of the City of McDonough is to have a senior pool, as opposed to a multi-use.  He said his concern is if it is limited to senior usage, a junior Olympic pool would not be needed.


Commissioner Stamey said he has talked with the City of McDonough officials, and they have earmarked up to $250,000 of their money for the pool.  He said it would be wonderful for the health and wellbeing of the seniors, and the seniors are looking forward to it.  He said his understanding of the City of McDonough’s viewpoint is strictly for a senior pool.


Commissioner Holder said a 20’ X 40’ pool should be big enough and is a nice size pool. 


Chairman Harper asked for the consensus of the Board; Commissioner Adams said he would like to pursue it; Commissioner Stamey said he is for pursuing a 20’ X 40’ senior-only pool; the remaining Commissioners agreed. 


Mr. Sabine said he would need to get the general parameters together for a design build spec and get it out for contractors to come back with a hard price.


Chairman Harper instructed Mr. Sabine to go forward with the interest of a 20’ X 40’ pool.





Commissioner Holman made the motion to approve the June 5, 2006 Board of Commissioners’ Meeting Minutes; Commissioner Mathis seconded.  The motion carried unanimously.






Mr. Rob Magnaghi was not present. Mr. Michael Turner, Deputy County Manager, did not have comment.





Mr. Patrick Jaugstetter was not present. Ms. LaTonya Wiley, Deputy County Attorney did not have comment.





Mr. Leon Forrer, who is President of F.A.C.E. (Flippen Alliance for Community Empowerment), asked the Board of Commissioners to reconsider reimbursement of F.A.C.E.’s attorney fees incurred during the last five (5) years of legal proceedings.  He said F.A.C.E. acted in everyone’s best interest in the County and demonstrated all the way to the Georgia Supreme Court, that the County has the ability to enforce these Ordinances, and it helps the County not only to shut down an existing nuisance, but more importantly, it allows the County to make more aggressive posture in the future of potential or existing violations and nuisances.


Mr. Forrer read a resolution from the Board of Commissioners’ Meeting of June 7, 2005, where the Board of Commissioners determined it would not reimburse any portion of the legal fees or expenses incurred by F.A.C.E. until such time as pending legal proceedings have been brought to a final resolution.


Mr. Forrer said since that time, F.A.C.E. has incurred additional legal expenses, bringing the matter to a final resolution.  He asked for the Board to vote on this matter in Public Session during a Board of Commissioners’ Meeting in the near future. 


Chairman Harper stated the County Attorney, Patrick Jaugstetter, sent Mr. Forrer a letter stating the matter had not been discussed in Executive Session.  He said when the County Attorney returns, the Board would discuss the matter with Mr. Jaugstetter.  Mr. Forrer agreed. 














6/20/06            Tuesday           6:30 p.m.         Regular Board of Commissioners’ Meeting


7/03/06            Monday           9:00 a.m.         Meeting has been cancelled.


7/04/06            Tuesday           9:00 a.m.         Holiday – All County Offices will be closed

                                                                        in observance of Independence Day


7/17/06            Monday           9:00 a.m.         Regular Board of Commissioners’ Meeting


7/18/06            Tuesday           6:30 p.m.         Regular Board of Commissioners’ Meeting




Chairman Harper announced there would be no Executive Session this morning.


Commissioner Adams made the motion to adjourn at 10:09 a.m.; Commissioner Holman seconded.  The motion carried unanimously.



                                                            Jason T. Harper, Chairman



Peggy L. Malcolm, Deputy County Clerk