The Henry County
Board of Commissioners held a Regular Meeting at 9:00 a.m. on Monday, October
18, 2004, in the Community Room,
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; LaTonya Wiley, Deputy County Attorney; Susan B. Craig, County Clerk; Shay Mathis, Deputy County Clerk; Danny Taylor, Economic Development Division Director; Michael Harris, Public Works Division Director; Commissioner-Elect Randy Stamey; Commissioner-Elect B.J. Mathis; 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 Agenda and strike Item #IV – Proclamation – “Red Ribbon Week” and move it to the October 19, 2004 Agenda under Item #V-A. Commissioner Holder seconded; the motion carried 5-0-0 with Commissioners Holman, Holder, Harper, Adams, and Freedman voting in favor.
Mr. Jerry Hagan,
Ms. Lisa White, and Mr. Chad White stated they wanted to discuss the
MR. JAMES LAY REQUEST TO APPEAR BEFORE THE BOARD REGARDING WATER RUNOFF FROM BRIDLEWOOD AND BRIDLERIDGE SUBDIVISIONS:
Mr. James Lay,
Discussion Regarding Suspending Licenses for Businesses Found Guilty of Selling Alcohol to Minors.
Mr. Nick Day, of
the Tax Commissioner’s Office, stated the businesses involved in the selling of
alcohol to minors have already been to Court where all pleaded guilty, and this
was done with a
Chairman Maddox asked if this was their first offense in selling alcohol to minors.
Mr. Day said this was their first time in the allotted time (12-month period) according to the Ordinance. He said the owners of the stores were present at this meeting.
Commissioner Freedman asked for the names of the owners, their explanation, and a recommendation from Mr. Day.
Mr. Day said the Ordinance states there should be a minimum 5-day suspension.
Commissioner Harper said if it was a willful violation, the statute states a suspension of thirty (30) days. He asked Mr. Day if any of the cases were willful, and Mr. Day said, “no.”
Chairman Maddox asked the owners to come forward, and Commissioner Freedman asked each owner the situation of how selling alcohol to a minor took place.
The following are the owners who received citations for selling alcohol to a minor:
Mr. Rupesh Brahmbhatt 3404
Mr. Sundeep Yadava 4150
Mr. Bakesh Patel 90 Hwy 138 East,
Commissioner Freedman asked who actually sold the alcohol and were the owners present at the time. The response was an employee sold the alcohol and none of the owners were present. One of the owners stated his employee had only been employed for one month, but was fired after the incident.
Gaddis, of the Henry County Bureau of Police Services, stated the department
had received complaints throughout the County about different businesses
selling alcohol to minors. Lt. Gaddis
said he is over the Special Services Division, and they conducted an undercover
operation where a confidential informant was sent with audio listening device
equipment and undercover agents to these three (3) stores. The confidential informant got a 6-pack of
beer and approached the counter and none of the clerks asked for any
identification. The informant presented
the beer, paid for it, and went outside.
At that time, the undercover agents went in the store, identified
themselves, and informed them of the reason of their presence and then served
them with a citation. The three (3)
stores cited were Deberry’s on Highway 42, Billy’s
Commissioner Holman asked if the Special Services
Division had sampled all the stores in
Lieutenant Gaddis said on that particular date twelve (12) stores were checked. He said the team periodically checks stores on the north side, and then checks the south side stores on another day. The defendants have already gone to court where each was charged $250.00 in fines.
Commissioner Adams made the motion to suspend the business licenses of the above for fifteen (15) days starting immediately; Commissioner Harper seconded. Commissioner Adams said fifteen (15) days is an adequate suspension, because a lot of kids recently have been killed with alcohol involvement.
Commissioner Freedman said the purpose is to correct the situation and keep it from happening. Since the employees involved at all three (3) locations have been fired, he said the suspension should occur where the owners do not lose a great portion of their sales during race weekend. He said they should not be punished economically, but it should be brought to their attention.
Commissioner Harper said, “if you run a business and escape thirty (30) times or forty (40) times selling alcohol to minors, and then get caught and pay a $250.00 fine, probably you would come out to the good financially; might as well run the risk. That is not a punishment.”
The motion carried 4-1-0 with Commissioners Adams, Harper, Holman, and Holder voting in favor, and Commissioner Freedman voting against.
Resolution Approving Streetlight Requests:
WHEREAS, the owners of the following subdivisions have applied for the creation or expansion of streetlight districts:
Ashley Woods, 10 lights, 26 lots, Central Georgia EMC, District 1
Bridgewater Crossing, 11 lights, 118 lots, Georgia Power, District 1
Crown Landing, Phase II, 11 lights, 31 lots, Snapping Shoals EMC, District 1
Joyner Estates, Phase III, Unit II, 11 lights, 42 lots, Snapping Shoals EMC, District 3
The Links at Heron Bay, Phase I (Pod H), 4 lights, 11 lots, Central Georgia EMC, District 1
Nature’s Pointe, 11 lights, 34 lots, Central Georgia EMC, District 2
The Springs at
Villages of Rowanshyre, Unit IV, 7 lights, 36 lights, Central Georgia EMC, District 2
Waverly Estates, 15 lights, 31 lots, Snapping Shoals EMC, District 1
Lake Dow Estates, 2 additional lights, 281 lots, Snapping Shoals EMC, District 3
The Heritage at
WHEREAS, all County and State requirements for a public hearing have been met; and
WHEREAS, the Development Plan Review Staff for Henry County has reviewed the requests and submitted reports that are part of the public record; and
WHEREAS, the Development Plan Review Staff have reviewed and recommended approval of the requests; and
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Commissioners of Henry County approve the requests for new streetlight districts.
Commissioner Harper made the motion to approve the resolution; Commissioner Adams seconded. The motion carried 5-0-0 with Commissioners Harper, Adams, Holman, Holder, and Freedman voting in favor.
HUMAN AND COMMUNITY SERVICES:
Request Approval of an Amendment to the
WHEREAS, the Senior Services Department is the local Agency on Aging; and
WHEREAS, Henry County Senior Services desires to accept the amendment of the ARC FY 2004-05 budget to increase the funding from the Atlanta Regional Commission in the amount of $16,145, to provide community based services to the seniors of Henry County; and
WHEREAS, Senior Services seeks approval of the Aging Subcontractor Contract Amendment between the Atlanta Regional Commission and the Henry County Board of Commissioners;
NOW, THEREFORE, be it resolved that the
Henry County Board of Commissioners approves the amended contract with the
Atlanta Regional Commission for the benefit of the senior citizens of
Commissioner Adams made the motion to approve the resolution; Commissioner Harper seconded. The motion carried 5-0-0 with Commissioners Adams, Harper, Freedman, Holder, and Holman voting in favor.
Request Approval of a Bid to Purchase Coated Corrugated Metal Pipe for the Department of Transportation.
WHEREAS, sealed bids were solicited for the purchase of Coated Corrugated Metal Pipe for the Transportation Department;
WHEREAS, two (2) vendors submitted bids for this purchase, as follows:
VENDOR CITY/STATE BID AMOUNT
Mid State Drainage Products Stockbridge, GA $14,752.00
WHEREAS, funds are available in the budget of the Transportation Department to complete this purchase; and
NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the bid for the purchase of coated corrugated metal pipe for the Transportation Department to Cherokee Culvert Co. in the amount of $14,131.20 and authorizes the Chairman to sign all necessary documents to accomplish this purchase.
Commissioner Holman made the motion to approve the resolution; Commissioner Harper seconded.
Commissioner Holder asked Mr.
Tommy Smith, Interim Purchasing Director, if this is an FOB price or a
delivered price. Mr. Smith answered,
“delivered.” Commissioner Holder said
this makes a difference, because the Board would be better off paying the $600
difference and getting it in Stockbridge rather than driving to
Commissioner Holman withdrew his motion, and Commissioner Harper withdrew his second.
Chairman Maddox said since there
was only a $600 difference in price between the two vendors, he thought we
should give the bid to a company inside
While Mr. Smith left the room to check, Chairman Maddox moved on to the next item.
(At a later time during this meeting, Mr. Smith returned and informed the Board his research revealed the price does include delivery.)
Commissioner Holman made the motion to approve the resolution; Commissioner Harper seconded. The motion carried 5-0-0 with Commissioners Holman, Harper, Freedman, Holder, and Adams voting in favor.
Request Approval to Purchase Real Estate for the Department of Family and Children Services.
WHEREAS, on May 20, 1996, the Henry County Board of Commissioners entered into that certain Real Estate Sales Contract and Lease Agreement (hereinafter the “Agreement”) with Bon Building Services, Inc. (hereinafter “Bon”); and
WHEREAS, the Agreement provides for Henry County to lease from Bon the property described on Exhibit “A,” together with building located thereon (hereinafter the “Property”), and
WHEREAS, the Henry County Department of Family and Children’s Services (hereinafter “DEFACS”) currently uses and occupies the Property; and
WHEREAS, due to
WHEREAS, in the
WHEREAS, upon exercise of
the option contained in the Agreement,
WHEREAS, the Board of
Commissioners has determined it would be in the best interest of
NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED AS FOLLOWS:
The Board of Commissioners, on behalf of
3. The Chairman of the Board of Commissioners is authorized and directed to execute such instruments and documents as are necessary to consummate the transaction authorized by this Resolution.
4. The transaction shall be consummated as soon as is practicable after appropriate sources of funding have been identified and secured.
Commissioner Harper made the motion to approve the resolution; Commissioner Adams seconded.
Commissioner Freedman referenced the data sheet that states funding will be through a new lease/purchase agreement and asked about the interest rates.
Chairman Maddox asked whether the monies that the Department of Family and Children Services pays Bon will be paid to the County after the County purchases the property.
Ms. Angus said, “yes.” She said staff included the purchase price (the buy out) in the amortization schedule and extended the time period so the payments are paid back to the County. At the end of the term, the County will own it, and DFACS will continue to pay the County if they choose to continue use of the building.
The motion carried 5-0-0 with Commissioners Harper, Holman, Adams, Holder, and Freedman voting in favor.
AGENDA AMENDMENTS/EMERGENCY AGENDA ITEMS:
Request Approval of a Bid
to Purchase Screen Printed
Sealed bids were solicited for
the purpose of screen-printed jerseys for the Recreation Department, and three
(3) vendors submitted bids for this purchase.
Funds are available to complete this purchase, and
Commissioner Adams made the motion to approve the resolution; Commissioner Holder seconded.
Commissioner Harper asked if the County recoups the cost when participants pay their fees.
Mr. Tim Coley, Parks and Recreation Director, said, “yes, each child pays.”
The motion carried 5-0-0 with Commissioners Adams, Harper, Freedman, Holder, and Holman voting in favor.
Request Approval of a Bid
Pertaining to the Construction of the Department of
Sealed bids were solicited for a
project to construct the
Commissioner Holder made the motion to approve the resolution; Commissioner Holman seconded.
Ms. Angus said the County has recaptured the $600,000 spent out of the capital projects funds for the land purchase. She said we are going to amortize the entire amount over a ten (10) year period. When the land was purchased, the County obtained ten (10) acres instead of five (5) for future expansion of other County facilities, and this is approximately $300,000 over the original estimate. The County has budgeted the payment for this year out of the General Fund, and the amortized cost annually is $354,000.
Commissioner Freedman found it astounding in today’s market the interest rate is 4.86%.
Ms. Angus replied before it is finalized, the rate may change again. She said it has to do with ‘prime plus,’ which is the agreement the ACCG entered into. She felt this was not a bad rate even though money cannot be made in a bank; rates are higher than they were six (6) months ago. Ms. Angus said when the County tested the market against Wachovia in earlier deals, Wachovia met or beat the market. She said the Board should require the Finance Department to test the market every time to make sure this is in line.
The motion carried 5-0-0 with Commissioners Holder, Holman, Harper, Adams, and Freedman voting in favor.
Request Approval and Support of the Georgia Firefighter’s Burn Foundation by Conducting “Boot Drives” Throughout the County.
The Georgia Firefighter’s Burn Foundation is a non-profit organization that depends on donations to support its mission. The mission of the Georgia Firefighter’s Burn Foundation is to educate the public in burn awareness and prevention, to support medical facilities in the care of burns, and to assist burn survivors in their recovery. The Henry County Fire Department has supported the Georgia Firefighter’s Burn Foundation since 1991 by conducting “boot drives,” and has raised in excess of $500,000.00.
Commissioner Harper made the motion to approve the resolution; Commissioner Adams seconded. The motion carried 5-0-0 with Commissioners Harper, Adams, Holder, Freedman, and Holman voting in favor.
Request Approval of a
Resolution Pertaining to the Design of the Crumbley
The SPLOST management staff has
researched proposed locations for the
with the design engineering firm of Heath and Lineback, have concluded that the preferred design would be to shift the location of the bridge sixty-five (65) feet to the east of the existing bridge.
Commissioner Holman made the motion to approve the resolution; Commissioner Harper seconded.
Mr. Michael Harris, Public Works
Division Director, said after Heath and Lineback got involved with staff, the
determination was made that additional design work was needed due to some of
the bad curves existing in the area.
Staff came back before the Board and the decision was made to go ahead
and modify the existing plans to take the bad curves out, shift the bridge to
the east, and make alignment changes.
Since that time, one of the residents, Mr. Hagen, felt he was being
encroached upon, and he came before the Board requesting the Board reconsider
placing the bridge back in the existing location. On August 16th, the Board directed
staff to reconsider closing the bridge and rebuilding the bridge back in the
original location. Traffic counts were
Commissioner Holman asked, “the
resolution we just moved, is that the one staff prefers?”
Mr. Harris answered, “yes.” He added, “there is no additional costs, because that is the design we currently have in place right now.”
Chairman Maddox asked if there was any opposition, and there was no response.
Mr. Jerry Hagan (from the audience) suggested building a temporary bridge in the same location of the old bridge for fire trucks, ambulances and buses to travel rather than having to take the 3.5 mile detour. This would be temporary and would cost between $5,000 and $10,000. He said if there was better communication and compromise, this could be done without taking all the trees. Mr. Hagan made a presentation to the Board about two (2) months ago, and he said none of his concerns have been addressed.
Commissioner Holder asked Mr. Harris if building a temporary bridge has been explored, while the main bridge is being constructed in the existing location. Mr. Harris said this has not been explored at all.
Mr. Terry McMickle, SPLOST Transportation Manager, stated, “if a structure is built and is off-set from where the bridge is now to build a temporary bridge, you will be on someone else’s property. I do not see the difference.”
Mr. Chad White (from the
audience), who lives at
Mr. White said he was concerned about his tree buffer, and how many trees (mature hardwoods and pines) he will lose. He said if this occurs in the constructive easement, he wanted these trees replaced.
Mrs. Lisa White said her biggest concern was the safety of children noting the steep drop off in her back yard that will occur due to the construction. She said the blasting she has experienced in the last few months has been extremely strong and startling at times.
Commissioner Freedman said he realized the tremendous impact on these homeowners and their lifestyles. The Board asked staff how much extra it would cost to leave the bridge where it is (remove the existing bridge and construct the new bridge where the current bridge is) and the Board made a budget amendment to increase the cost to cover that ($37,653). He felt at that time it had been resolved to take care of the citizens at that location and also completing the bridge in a safe manner. He did not understand why it could not proceed accordingly. Commissioner Freedman said the Board granted a resolution, and suddenly it is back before the Board again.
Chairman Maddox said he could not find where the Board voted on a resolution. He said apparently SPLOST has reviewed this, and has determined the proposed design is the best way to go on this project.
Commissioner Holman stated he is interpreting the resolution on the floor now as supporting staff’s reconsideration, although they have moved it slightly. He said this resolution changes the concept design from what was brought before this Board several months ago.
Mr. Harris clarified, “the change order allowed the SPLOST staff to proceed with a modification to change the alignment and shift the bridge to the east, and that was done by a resolution. Then Mr. Hagan spoke and asked the Board to reconsider the design to close the bridge for 6 to 8 months, but there was no resolution regarding this.”
Commissioner Holder stated we asked (not directed) staff to reconsider the alignment and to come back before the Board, which they have done today, with their recommendation.
Commissioner Holman clarified the motion on the floor today. He said this will restart staff where they were, before they came to the Board in August, with a slight change.
Mr. McMickle said sixty-five (65) feet is as close as the County can build the bridge to the existing bridge. He said, “we will be coming ninety (90) feet on Mr. Hagan’s property with the easements coming back on his property. The alignment has been changed putting the bridge back where it is today where it completely stays off Mr. Hagan’s property, but the road has to be closed and a detour built. He said we have done a lot of work to reduce the impact to the residents.”
Commissioner Holder asked Mr. McMickle if this design was in the best interest of that area. Mr. McMickle answered, “yes; that is our recommendation.”
The motion carried 4-1-0 with Commissioners Holder, Holman, Adams, and Harper voting in favor, and Commissioner Freedman voting against.
There were no Commissioner comments.
10/21/04 Thursday 7:00 p.m. Henry County Municipal Association meeting
to be held in the Locust Grove Community Room.
11/01/04 Monday 9:00 a.m. Regular BOC Meeting
11/02/04 Tuesday 9:00 a.m. Regular BOC Meeting
11/02/04 Tuesday ELECTION DAY
11/09/04 Tuesday 6:00 p.m. Called BOC Meeting along with the Planning
Commission and the Steering Commission to discuss
The Comprehensive Plan
11/15/04 Monday 9:00 a.m. Regular BOC Meeting
11/16/04 Tuesday 6:30 p.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
(An Executive Session was held.)
Commissioner Adams made the motion to reconvene into Public Session; Commissioner Harper seconded. The motion carried 5-0-0 with Commissioners Adams, Harper, Holder, Freedman, and Holman voting in favor.
Commissioner Harper made the motion to amend the Agenda and to approve the following resolution:
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners as follows:
1. The School Resource Officer Program is hereby transferred to the office of the Henry County Sheriff;
2. Any officers in the program are eligible to transfer from the Bureau of Police Services to the Henry County Sheriff’s Department at the discretion of the Henry County Sheriff;
3. All assets in the program shall be transferred to the Henry County Sheriff’s Department.
Commissioner Holman seconded. The motion carried 4-1-0 with Commissioners Harper, Holman, Holder, and Adams voting in favor, and Commissioner Freedman voting against, because he did not think all the assets should be transferred.
Commissioner Harper made the
motion, after discussion with the
Construction of a Family and
WHEREAS, the Henry County Board of Commissioners is committed to building a family and youth center; and
WHEREAS, the Board of Commissioners has funds available from impact fee revenue to pay for the center; and
WHEREAS, the Board deems this an appropriate expenditure to be made in lieu of using SPLOST proceeds, which are not reaching maximum collections;
NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners authorizes and directs staff to immediately arrange funding of this center and to further negotiate with the YMCA for the operation and maintenance of this facility.
Commissioner Adams seconded.
Commissioner Freedman commented the commitment was made to the Y.M.C.A to use SPLOST monies for the Y.M.C.A., and he entered his proposed resolution into the record as follows:
“Resolution of the Board of Commissioners Committing to the Use of SPLOST Funding to Build a Family and Youth Facility in Henry County, Georgia, to be Operated by the YMCA and to be built at a Site Chosen by the YMCA to Best Serve Henry County.
WHEREAS, one of the capital projects to be completed from SPLOST funds is a family and youth facility; and
WHEREAS, the Board of Commissioners of Henry County, on the eighth day of March, 2004, voted to set aside and encumber a sum of $5,000,000 for the purpose of constructing a family and youth facility to serve Henry County’s citizens; and
WHEREAS, the Henry County YMCA has offered a written agreement to enter into a public-private partnership with Henry County to build a multi-phase aquatics, wellness, and recreation campus, and to operate, staff and pay the maintenance and operations costs of running such a complex; and
an agreement would save
WHEREAS, the Henry County YMCA has agreed to fund expansion of the family and youth facility for a cost of approximately $10,000,000 and transfer ownership of the YMCA-funded expansion to Henry County, creating a county-owned multi-use facility for the citizens of Henry County;
NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED by the Board of Commissioners of Henry County that a sum of $5,000,000 will be used from SPLOST funds, as called for in public referendum, to build a family and youth facility at a site to be selected by the Henry County YMCA, and operated by YMCA, with no operating costs to County government, in accordance with agreement to be reached by the YMCA Board of Directors and the Henry County Board of Commissioners.”
Commissioner Freedman said it is disinginuine to take anything other than SPLOST monies for the Y.M.C.A., because the impact fees, in his opinion, will not be there and will take a longer period to collect them, and we have violated the Board’s resolution.
Commissioner Holder stated it is not a longer time to collect the impact fees, because they are being pledged to the borrowing of the $5,000,000. The funding will take no longer; it may take it longer to pay it back.
Freedman said, “you are going to find the Board over-committed impact fees for
Harper’s motion to authorize construction of a Family and
Harper made the motion to approve a resolution of the Henry County Board of
Commissioners directing that this Board contract with the State of
Commissioner Harper made the motion to approve the resolution and affidavit in support of the Chairman regarding the Executive Session; Commissioner Holder seconded. The motion carried 4-0-0 with Commissioners Harper, Holder, Adams, and Freedman voting in favor (Commissioner Holman was not present to vote).
Commissioner Harper made the motion to adjourn at 12:50 p.m.; Commissioner Holder seconded. The motion carried 4-0-0 with Commissioners Harper, Holder, Adams, and Freedman voting in favor (Commissioner Holman was not present to vote).
Leland Maddox, Chairman
Peggy L. Malcolm, Deputy County Clerk