STATE OF GEORGIA

COUNTY OF HENRY

The Henry County Board of Commissioners held a Regular Meeting at 9:00 a.m. on Monday, October 4, 2004, in the Community Room, County Administration Building, 140 Henry Parkway, McDonough, Georgia. Notice of this meeting was posted on the bulletin board in the entrance foyer of the County Administration Building. The Daily Herald was notified of this meeting. Those present were:

Leland Maddox, Chairman, presiding

Lee Holman, Vice-Chairman, District V Commissioner

Warren E. Holder, District I Commissioner

Gary M. Freedman, District II Commissioner

Jason T. Harper, District III Commissioner

Gerry Adams, District IV Commissioner

Also attending were Linda Angus, County Manager; Patrick Jaugstetter, County Attorney; Susan B. Craig, County Clerk; Shay Mathis, Deputy County Clerk; LaTonya Wiley, Deputy County Attorney; Rob Magnaghi, Deputy County Manager and Public Safety Division Director; Danny Taylor, Economic Development Division Director; Michael Harris, Public Works Division Director; Tommy Smith, Interim Purchasing Director; and others.

Chairman Maddox called the meeting to order and asked for an Acceptance of the Agenda. Commissioner Holman made the motion to accept the amended Agenda; Commissioner Freedman seconded. The motion carried 4-0-0 with Chairman Maddox, Commissioners Holman, Freedman, and Holder voting in favor. (Commissioners Adams and Harper were not present during this vote.)

RECOGNITION OF POLICE SERVICES PERSONNEL:

Chief Henry White, of the Henry County Bureau of Police Services, said the County has five (5) individuals who have submitted their names to be a part of the future of the Henry County Bureau of Police Services. He said they have successfully passed tests the County has set for them as well as being assessed with the help of Captains and Lieutenants from outside agencies. Chief White said these five (5) outstanding individuals should be looked upon as a credit to the department of the future. Chief White thanked the Board for taking the time to recognize them. The following are the five (5) ‘new Sergeants’ who are being promoted today:

1. Officer Howard Waddell

2. Officer Keith Going

3. Officer Christy Nebel

4. Office Vance Rosen

5. Officer Kevin Conner

Since there are five (5) officers being promoted to Sergeant and since there are five (5) Commissioners, Chairman Maddox requested each Commissioner pin the new badge on one of the newly promoted Sergeants.

Commissioner Freedman commented, “you have a new role and a new rank; you will find this more difficult than what you did before, because you have more responsibility. Maintain your professionalism, and remember this is the start to many things to come. There is no doubt in my mind that one day you will be wearing Lieutenant’s bars or Captain’s bars, and I wish you all the very best in your promotion.”

(Pictures were made of the Board Members and officers.)

PUBLIC COMMENTS:

Ms. “B.J.” Mathis, District II Commissioner-Elect, said she had talked to a friend who stated she wanted to get involved in the political works of the County, but she is not able to because she is deaf. Ms. Mathis said her friend’s request was, “could you please, at least for the third Tuesday Night BOC Meeting, provide an interpreter for the deaf, so I can participate in what is going on in the County?” She said her friend loves politics and wants to play a part in County government. Ms. Mathis stated the Police Department has a list of interpreters in Henry County who are called on incidents involving the deaf or the hard-of-hearing. She asked the Board to look into contacting some of these interpreters and making the community aware if someone is deaf or hard-of-hearing and would like to attend a Board of Commissioners’ Meeting, they should give the County a 24-hour notice so arrangements or preparations can be made for an interpreter to be present at the Board Meeting. Ms. Mathis said there is a fairly large population of deaf or hard-of-hearing individuals in the County, and the BOC Meetings should be made available to them as well.

Ms. Angus, County Manager, announced this is already in place; she said it is posted in the hallways that if an interpreter is needed at any BOC Meeting, a 24-hour notice is needed to make the preparations.

ECONOMIC DEVELOPMENT DIVISION:

An Update Regarding the SP3 Project – Municipal Stormwater Pollution Prevention Plan.

Mr. Jim Luebbering, Department Director for Stormwater Management, introduced two employees, Ms. Jennifer Toller and Ms. Jan Barrentine, project managers for three (3) of the projects being reviewed. He said these projects appear in the County’s NPDES permit that was set in motion in late 2002/early 2003. The first is called the SP3 Report (Stormwater Pollution Prevention Plan), which is a report and follow-through procedures where the County is holding their own operations to the same standards they would require of a private industry. He said it is the County’s way of showing that it will maintain pollutants and Stormwater pollution for all of its own facilities, just like the County would demand of any private industry. He said Ms. Toller is the project manager over this project, and he asked her to step to the podium to give her report.

Ms. Toller said to insure our facilities are within compliance in the rules and regulations as are citizens and businesses, staff went to different locations that could produce pollutants in the water runoff for storms. Ms. Toller stated they had visited Fleet Services, Animal Control and Community Services and displayed pictures that had been taken. She said staff was trying to determine basic ideas to be implemented at each facility to lower the chance of pollutants at their location.

Chairman Maddox stated he would like special attention to be focused on restaurants where garbage containers are located in which disposed grease is emptied. He said some of them are not what he would like to see around that type of setting.

Ms. Toller said they had received a complaint from Code Enforcement regarding a restaurant that has grease traps in the floors that can be seen when they clean it. She said some people can take their grease to a container outside where a recycling company will come to pick up their used grease. But in this incidence, the restaurant staff was cleaning the floor, and they were shoving all the dirty, greasy water out the back, and it actually drained down to the storm drain. Ms. Toller said people are not aware that drain goes straight to the stream that is not treated, so the Stormwater Management staff talked to them and gave a warning about it.

Commissioner Freedman asked how far staff has gotten on these BMP’s, and how far along are we into implementing corrections to the problems.

Mr. Luebbering said on the SP3, staff has been talking with the people in Fleet Maintenance, Parks, and the Fire Department where corrections are being made. He said some of the BMP’s referenced, like oil grid separators and sand filters, are going to be expensive; the installation of an oil grid separator will cost approximately $30,000 which will treat about one (1) acre of impervious area. The BMP’s the County can afford presently are the chemicals used, alternative and environmentally friendly chemicals and storage practices, and what different things can be used to clean up spills. Later on, when it is affordable, the County can implement some of the BMP’s Commissioner Freedman is referring to (such as oil grid separators).

Commissioner Freedman asked for a time line for corrections, because the County needs to set an example to others.

Ms. Toller stated departments have talked to her about Purchasing spill kits and the installation of sinks, because by the end of the year, Stormwater Management can show where improvements have been made for the annual report that is to be submitted.

Ms. Angus said the first step Stormwater Management needs to take is inform management of the issues so they can be addressed.

Presentation of the “Rivers Alive Stream Walk.”

Ms. Jan Barrentine is the project manager for the ‘Rivers Alive Stream Walk.’ She said public education is one of the key components to a Stormwater Program. Ms. Barrentine stated many people are not aware the drains they see do not drain to a treated system and do go into local waterways. Therefore, the State engages in an event each year called ‘Rivers Alive Stream Walk,’ that is sponsored by the Department of Natural Resources and ‘Georgia Adopt a Stream.’ This is a waterway cleanup event throughout the month of October that targets cleanups across all waterways in Georgia including streams, rivers, lakes, beaches and wetlands. The mission is to create awareness of and involvement in the preservation of Georgia’s water resources. She said we all share these common waterways that provide fresh drinking water and great recreational opportunities like swimming and fishing. On October 9, 2004, Henry County Stormwater Management Department, in cooperation with local cities will lead area residents, civic groups, and business organizations on a venture throughout Henry County to clean up the “dirty” water that washes untreated from ditches and storm drains into local tributaries.

Request Approval of a Resolution Regarding a Memorandum of Understanding Between Henry County Board of Commissioners and Henry County Environmental Health Department.

Mr. Luebbering said the last item is the ‘MOU’ (Memorandum of Understanding) with the Environmental Health Department that was presented back in July in a meeting with the Environmental Health. The ‘MOU’ is in the County’s permit and is a required NPDES activity. It is operating procedures with environmental health as far as how to make sure the Stormwater conveyances are designed so that Stormwater is not mixing with the areas that are reserved for septic systems and the different installation and maintenance practices to make sure pollutants are not being pulled out of those areas and being brought down to the creeks.

Ms. Glenda Scott, Environmental Health Director, referenced the grease from the restaurants and said that is a part of her department’s inspection to make sure restaurants are properly disposing of their grease, and her inspectors will report to Stormwater Management any potential problems or violations.

Mr. Luebbering asked the Chairman to sign this resolution, and said it has not changed from the last time the Board had seen it, except it will have the Chairman’s signature rather than his.

Mr. Leon Forrer, from the audience, asked if the County has an illicit discharge ordinance in place.

Mr. Luebbering stated, at this point, the answer is ‘no;’ he said the County will be required to have an illicit discharge ordinance in April, 2005 through the Metro North Georgia Association. He said there will be six (6) model ordinances required as of next April, and at that point his department will bring it to the Board of Commissioners for approval of the model ordinances.

Mr. Forrer asked if there will be any enforcement capabilities.

Mr. Patrick Jaugstetter, County Attorney, stated this would currently be handled through Code Enforcement or the Police Department, depending on the ordinance.

Chairman Maddox asked if in the future the Stormwater Management team have any arrest authorities or citation authorities.

Mr. Jaugstetter stated Stormwater Management could be given some authority; this would depend on what the Board of Commissioners would like to do.

Commissioner Freedman said we could give the Stormwater Management team citation authority.

Mr. Forrer thought that was a good idea.

Commissioner Holman made the motion to approve the resolution; Commissioner Holder seconded. The motion carried 5-0-0 with Commissioners Holman, Holder, Freedman, Adams, and Harper voting in favor.

ADMINISTRATION AND FINANCE:

Resolution Requesting Approval of a Bid to Purchase Janitorial Supplies.

Sealed bids were solicited to purchase janitorial supplies on a renewable contract basis. Twelve (12) vendors submitted bids that met the required specifications for this contract. Funds are budgeted within the various departments for this commodity, and Supply Solutions, Inc.’s bid met bid specifications. The Board of Commissioners awards the bid for the purchase of janitorial supplies to Supply Solutions, Inc. as a unit/price contract with no fixed quantities or amounts; prices shall remain fixed for the contract period, and supplies will be ordered as required and approved. This contract will be available to all County departments for these purchases as a unit/price contract.

Commissioner Holder made the motion to approve the resolution; Commissioner Holman seconded. The motion carried 5-0-0 with Commissioners Harper, Holder, Holman, Freedman, and Adams voting in favor.

Resolution Requesting Approval to Adopt and Establish Compensation to Henry County for the Public’s Purchase of Voter Registration Data.

The Henry County Board of Registrars provides, upon request, voter registration data to the public. The Georgia Technology Authority maintains the mainframe computer system that stores the voter registration data and will provide, at no cost to the County, updated data each month that can be loaded on the County’s AS400. The Henry County GIS Department already has an established procedure for collecting fees from the public and can produce the voter registration data in an electronic format or as a paper file. The County’s charge for these services will be the same price as the State of Georgia’s current charges for the same services. The Henry County Board of Commissioners approves the collection of fees for voter registration data requests from the public and authorizes the GIS Department to begin collecting fees using the same fee schedule as the State of Georgia.

Commissioner Holman made the motion to approve the resolution; Commissioner Adams seconded. The motion carried 5-0-0 with Commissioners Holman, Adams, Holder, Harper, and Freedman voting in favor.

PUBLIC WORKS DIVISION:

Emergency SPLOST Matters.

Mr. Michael Harris, Public Works Division Director, stated there were no SPLOST matters at this time.

AGENDA AMENDMENTS/EMERGENCY AGENDA ITEMS:

Request Approval of Funding to Bid and Purchase Picnic Tables from District II Special Project Funds.

The Henry County Board of Commissioners wishes to approve funding to bid and purchase six (6) standard picnic tables and two (2) handicap accessible tables not to exceed $5,600 total, delivered and installed. The issues addressed herein are due to the need for picnic tables at the pavilions in North Mt. Carmel Park and North Forty Park. The recommendation hereto, is due to the need to ensure safety and maintain ideal conditions in Henry County Park System.

Commissioner Freedman made the motion to approve the resolution; Commissioner Holman seconded. The motion carried 5-0-0 with Commissioners Freedman, Holman, Holder, Adams, and Harper voting in favor.

Request Approval of a Resolution for the Purpose of Eliminating the Police Recruitment Pay Policy.

On the 7^th day of December, 1999, Henry County Board of Commissioners adopted a Recruitment Pay Policy by resolution in an effort to encourage the recruitment and retention of certified law enforcement officers. The Board of Commissioners adopted a Pay Plan on the 4^th day of December, 2003, which provides beginning salaries that meet or exceed the Metropolitan Atlanta average, but it is no longer beneficial to Henry County, the Bureau of Police Services, or the citizens of Henry County to separate and pay a contractual amount as incentive.

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

Commissioner Freedman asked how many vacancies are in the department presently.

Chief Henry White, of the Henry County Bureau of Police Services, stated there are thirty (30) vacancies, and the Board has approved an additional fifteen (15) with five (5) Community Service Officers.

Ms. Angus said within the department, there was some abuse of the recruitment incentive; the person who was responsible for recruiting took the pay ($1,000) the County had given to whoever recruited. She said this was a misuse, and the conclusion the Board has reached is the $1,000 is not the thing to do to be competitive. Ms. Angus said the $1,000 is not a useful tool; therefore, the County needs an overall recruitment and retainage approach.

The motion carried 5-0-0 with Commissioners Freedman, Holman, Harper, Holder, and Adams voting in favor.

Appointment of Henry County’s Representative to the McIntosh Trail Community Service Board.

Mr. Bill Satterwhite, Jr., a Henry County resident, has faithfully served on the McIntosh Trail Community Service Board as a representative for Henry County. Mr. Satterwhite resigned his Board position, effective July 17, 2004.

Ms. Tyrena Echols, an advocate for Children’s Services for fifteen (15) years, has expressed an interest in filling this vacant position; therefore, the McIntosh Trail Community Service Board has nominated Ms. Echols.

Ms. Susan B. Craig, County Clerk, stated she has served as the County’s representative since the Board was created and said we are fortunate to have four (4) members because of the County’s population. She said it is a seven (7) county Board, and one of the members, Mr. Bill Satterwhite, resigned due to health problems. Therefore, Ms. Tyrena Echols, who has a child with special needs who is seeking services, has been nominated. Ms. Craig said the purpose of this Board is to give the consumers a voice in how services are provided. Ms. Craig said she highly recommended Ms. Echols.

Chairman Maddox read the resolution and asked for a motion.

Commissioner Freedman made the motion to approve the appointment of Ms. Tyrena Echols to the McIntosh Trail Community Service Board; Commissioner Adams seconded. The motion carried 5-0-0 with Commissioners Freedman, Adams, Holder, Harper, and Holman voting in favor.

Request Approval of a Resolution Regarding Recovering False Alarm Penalties.

Mr. Patrick Jaugstetter, County Attorney, made a request to table this issue until a later date due to Police Department concerns. Commissioner Holman made the motion to table the request; Commissioner Freedman seconded. The motion carried 5-0-0 with Commissioners Holman, Freedman, Holder, Harper, and Adams voting in favor.

Request Approval for Henry County Police Services to Purchase 20 Tactical Vests.

The S.W.A.T. Team is currently equipped with expired tactical vests needed for high-risk entries and are in need of being replaced using forfeiture asset seizure funds. The current tactical vests do not include the side panels or arm panels, both of which are essential in protecting the officers during a tactical entry. G. T. Distributor’s Inc., a company participating under State contract, provided a quote for twenty (20) tactical vests and appropriate side and arm panels in the amount of $30,395.20.

Commissioner Adams made the motion to approve the request; Commissioner Freedman seconded. The motion carried 5-0-0 with Commissioners Adams, Freedman, Holder, Harper, and Holman voting in favor.

Request Approval to Accept the CJCC Grant Award and Approval of a Budget Amendment Regarding this Grant.

The CJCC has granted Henry County a grant to purchase services for the Juvenile Offenders Program. The grant award is funded at $10,000.00 for fiscal year 2004/2005 with no matching funds required by the County, and the funds will be used for psychological evaluations. The Henry County Board of Commissioners accepts the grant award and authorizes the Chairman to sign the Grant Award Letter. The Board of Commissioners approves the below listed budget amendment:

General Fund: $10,000.00 from Appropriated Fund

Balance to $10,000.00 Professional.

Commissioner Harper made the motion to approve the request; Commissioner Adams seconded. The motion carried 5-0-0 with Commissioners Harper, Adams, Freedman, Holder, and Holman voting in favor.

COMMISSIONER(S) COMMENTS:

Commissioner Holder commended the entire Board for allowing the meeting to run very smooth, and he said he was proud to see it.

Commissioner Freedman thanked Ms. Shay Mathis, Deputy County Clerk, for organizing the packets with all the attachments, because a lot of last minute things were submitted and Ms. Mathis had the knowledge to put everything together.

UPCOMING MEETINGS:

10/13/04 Wednesday 6:30 p.m. Quarterly meeting with the Board of

Education (33 North Zack Hinton Pkwy.

McDonough.)

10/18/04 Monday 9:00 a.m. Regular BOC Meeting

10/19/04 Tuesday 6:30 p.m. Regular BOC Meeting

11/01/04 Monday 9:00 a.m. Regular BOC Meeting

11/02/04 Tuesday 9:00 a.m. Regular BOC Meeting

Commissioner Holder 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 Holman seconded. The motion carried 5-0-0 with Commissioners Holder, Holman, Freedman, Harper, and Adams voting in favor.

(An Executive Session was held.)

Commissioner Holman made the motion to reconvene into Public Session; Commissioner Adams seconded. The motion carried 4-0-0 with Commissioners Holman, Adams, Harper, and Holder voting in favor. (Commissioner Freedman was not present to vote.)

Commissioner Holman made the motion to authorize the Chairman to sign the affidavit to approve the Executive Session; Commissioner Harper seconded. The motion carried 4-0-0 with Commissioners Holman, Harper, Adams, and Holder voting in favor. (Commissioner Freedman was not present to vote.)

Commissioner Holman made the motion to amend the Agenda out of public necessity and to move a resolution for the purpose of further defining the Health Insurance Retirement Benefits for Henry County employees and elected officials; Commissioner Adams seconded. The motion carried 4-0-0 with Commissioners Holman, Adams, Harper, and Holder voting in favor. (Commissioner Freedman was not present to vote.)

Commissioner Holman made the motion to amend the Agenda and to move a resolution authorizing condemnation of sixty-nine (69) +/- acres on Millers Mill Road for public park property, also known as the Moseley Park; Commissioner Adams seconded. The motion carried 3-1-0 with Commissioners Harper, Holman, and Adams voting in favor, and Commissioner Holder voting against. (Commissioner Freedman was not present to vote.)

Commissioner Holman made the motion to amend the Agenda and to move a resolution authorizing condemnation of .21 acres in Land Lot 41 in the 6^th District of Henry County, Georgia, for road purposes – Pates Creek condemnation; Commissioner Harper seconded. (Commissioner Freedman entered the room.) The motion carried 5-0-0 with Commissioners Holman, Harper, Freedman, Holder, and Adams voting in favor.

Commissioner Holman made the motion to adjourn at 12:07 p.m.; Commissioner Adams seconded. The motion carried 5-0-0 with Commissioners Holman, Adams, Harper, Freedman, and Holder voting in favor.

Leland Maddox, Chairman

Peggy L. Malcolm, Deputy County Clerk