STATE OF GEORGIA

 

 

COUNTY OF HENRY          

 

 

 

The Henry County Board of Commissioners held a Regular Meeting at 9:00 a.m. on Monday, August 16, 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 (entered during Executive

            Gerry Adams, District IV Commissioner                              Session)

 

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; Michael Harris, Public Works Division Director; and others.

 

Chairman Maddox called the meeting to order and asked for an Acceptance of the Agenda.   Commissioner Holman made a motion to accept the Agenda with the following amendments: Item No. III, Mr. Ronnie Owings to appear to present recommendations designating the Flippen Community a “Historic Overlay District,” is to be removed from the Agenda.  Also on the bench, dated August 16, 2004, are amendments to today’s Agenda.  The first set is numbered 1 through 7, and the next set of numbers, added by Public Works, is 1 through 6 and are to be placed under Item VIII.  He said he amended the Agenda to include these amendments.  Commissioner Holder seconded; the motion carried 3-1-0 with Commissioners Holder, Holman and Adams voting in favor and Commissioner Freedman voting against.  (Commissioner Harper was absent.)  Commissioner Freedman stated he had an explanation; he said he always has a problem when the Agenda is amended on a regular basis.  He said it takes the public’s opportunity to be pre-warned about the issues coming up.  Commissioner Freedman stated an Agenda should only be amended in the case of an emergency. 

 

Commissioner Holman asked for any handouts pertaining to the amendments to be distributed to the Commissioners at this time. 

 

PUBLIC SAFETY DIVISION:

 

Reappointments to the West Georgia Emergency Medical Service Council. 

 

Henry County currently has four (4) positions on the West Georgia Emergency Medical Services Council, and the Henry County Board of Commissioners is charged with the responsibility of appointing representatives to this council.  The terms of Chief Barry Jenkins and Deputy Chief Keith Starr of the Fire Department will expire this year.  Therefore, the Board of Commissioners appoint Chief Barry Jenkins and Deputy Chief Keith Starr to the West Georgia Emergency Medical Services Council to represent Henry County for two-year terms to expire July, 2006. 

 

Chief Jenkins supplied the Commissioners with a packet consisting of a description of what the Regional EMS Councils actually do, stating they have the authority, on behalf of the State, to designate a public or nonprofit local entity to coordinate and administer the regional ambulance zoning plan, provide the guidance for developing the regional EMS communications plan, make recommendations for the designation of trauma centers, serve in an advisory capacity to the Georgia Department of Human Resources, and perform other duties as directed by the Georgia DHR.  He said the number of representatives from each county is designated by population. 

 

Chairman Maddox asked how many districts there are around the State.

 

Chief Jenkins answered eleven (11) or twelve (12) with our district being the largest. 

 

Commissioner Holder moved to approve the resolution as read and to appoint Chief Barry Jenkins and Deputy Chief Keith Starr to the Board; Commissioner Holman seconded.  The motion carried 4-0-0 with Commissioners Holder, Holman, Adams and Freedman voting in favor.

 

 

HUMAN AND COMMUNITY SERVICES DIVISION:

 

Resolution Pertaining to the Contract for Georgia Department of Human Resources Transportation for Elderly Persons and Persons with Disabilities Grant (5310).

 

The Georgia Department of Human Resources has agreed to renew Grant 5310 for Transportation Operating Assistance for the Henry County Board of Commissioners (d.b.a., Henry County Transit) for rural public transportation for the period of July 1, 2004 through June 31, 2005.   This is a yearly renewal of this grant and is used to provide transportation for the Unified Program human services groups such as Henry County Counseling Center, Henry County Department of Family and Children Services, Henry County Developmental Disabilities Services, Senior Services and DHR Rehabilitation Services.  The County can collect up to $281,800.00 in transportation fees with this grant.  All of these trips with the exception of Senior Services are paid at the fully allocated cost with no local match or cost to the County.

 

Chairman Maddox said he had a question regarding the Federal and State dollar amounts shown in the exhibit, and Ms. Angus, County Manager, asked if this could be tabled until the end of the meeting for her review. 

 

Commissioner Holder made a motion to delay the discussion until later in the meeting; Commissioner Holman seconded.  The motion carried 4-0-0 with Commissioners Holder, Holman, Freedman and Adams voting in favor.

 

 

APPOINTMENT TO THE HENRY COUNTY BOARD OF FAMILY AND CHILDREN SERVICES.

 

Ms. Deb Banks, a Henry County resident, has served on the Board of Family and Children Services.  Ms. Banks has resigned and the law requires the County Commission appoint a successor within ninety (90) days.   The person appointed will serve the unexpired term beginning August, 2004 and extending through June 30, 2008. 

 

Commissioner Freedman made a motion to appoint Mr. Robert J. Head to the position; Commissioner Holder seconded. 

 

Commissioner Freedman stated Mr. Head is an African American and brings much needed diversity to the Board.  He said this is a real opportunity for the Board to appoint someone with such a diverse background. 

 

Commissioner Holman asked if anyone could give him the requirements for District appointments.

 

Ms. Angus stated there is a list in the County Clerk’s Office of Board appointments with expiration dates and any requirements.  She said for most of the Boards, there are no requirements. 

 

Chairman Maddox said there are two (2) vacancies coming up very soon; one will be in District I where the Board member is resigning, and the other one will be in District IV. 

 

Commissioner Holman requested staff distribute copies to members of the Board as letters of resignation are received.  He said it is their responsibility to share this information with the other Board members. 

 

The motion carried 4-0-0 with Commissioners Freedman, Holder, Holman and Adams voting in favor.

 

 

AGENDA AMENDMENTS / EMERGENCY AGENDA ITEMS:

 

$7 Million Unallocated Budget.

 

Ms. Angus stated based on the discussions regarding the Courthouse, issues of other land the Board owns, and the expansion of the Jail last week, this Agenda item needs to be addressed in Executive Session.  She said this is not ready, and the distribution will depend on some of the decisions that entered into the picture last week.  

 

Commissioner Holman made a motion to table this item and place it on the Tuesday, August 17th Regular Board Meeting Agenda.  At that time, the County Manager stated she would be ready to make a presentation; Commissioner Freedman seconded.  The motion carried 4-0-0 with Commissioners Holman, Freedman, Holder and Adams voting in favor.

 

Commissioners Pay.

 

Commissioner Freedman made a motion to table this item and place it on the Tuesday, August 17th Regular Board Meeting Agenda when there would be a full Board present; Commissioner Holder seconded.  The motion carried 4-0-0 with Commissioners Freedman, Holman, Holder and Adams voting in favor. 

 

Appointment to the Henry County Department of Family and Children Services.

 

Commissioner Holder said since this appointment is from District I, he would like to delay this item until the August 17th Regular Board Meeting; Commissioner Holman seconded.  The motion carried 4-0-0 with Commissioners Holder, Holman, Freedman, and Adams voting in favor.

 

Request to Appear by Connecting Henry Regarding Community Christmas for Needy Families.

 

On behalf of Connecting Henry, Denese Rodgers addressed the Board regarding the “Community Christmas for Needy Families program.”

 

Ms. Rodgers said with the support of the Board of Commissioners last year, Connecting Henry, through the “Community Christmas for Needy Families Program,” helped thirty-three (33) individuals and families, twenty (20) churches, twenty-two (22) businesses, seven (7) schools, six (6) service groups, and six (6) government agencies.  She said Henry County was able to help eight-hundred, ninety-two (892) indigent families receive Christmas assistance last year.   She said this year the program wanted to get a ‘head start’ and the agency is in need of a couple of things in order to not burden the County with the upcoming load around the Christmas season.  She asked for a modification of their telephone system, because last year they had to purchase telephones for the office, and she is trying to better manage the load since they average around two-hundred (200) calls a day.  Additionally, Ms. Rogers asked for $2,000 for full-time administrative staff for the months of October, November, and December, and also asked for office space to conduct the interviews. 

 

Ms. Angus said this is the first time she has heard this request, and this is something she could resolve.  Ms. Angus advised Ms. Rodgers to contact staff to set up a meeting for discussion.  Commissioner Freedman advised Ms. Rodgers the $2,000 would have to come before the Board for approval at a later date. 

 

Request Approval to Apply for the Community Services Block Grant – Fiscal Year, 2005.

 

The Senior Services Department is the local Agency on Aging, and the Henry County Senior Services provides Community based services for low income citizens of Henry County.  The Henry County Senior Services is submitting a Project Application Plan seeking FY-2005 Community Services Block Grant (CSBG) funds to assist the County in providing home delivered meals and in-home personal support to low income senior citizens.  The request is for approval to apply for the grant at this time. 

 

Ms. Mary Moore, Director of Senior Services, said this is continuation funding, not new funding, and Henry County has had this for over fifteen (15) years.  She said the amount is $45,712.59, which is split between home delivered meals and personal supports. 

 

Commissioner Adams made a motion to accept this grant; Commissioner Holder seconded.  The motion carried 4-0-0 with Commissioners Holder, Holman, Adams and Freedman voting in favor. 

 

Request Approval of the 2005 Contract Regarding Atlanta Area Agency on Aging.

 

Since 1989, Henry County Senior Services has been the local agency on aging.  In accordance with that role, Senior Services receives funding from the Federal and State governments which is passed through the Atlanta Regional Commission (the Atlanta Area Agency on Aging).  These funds are allocated to Senior Services through the attached FY-2005 contract between Henry County and the ARC.  Funds contained in this contract support a number of services, including congregate and home-delivered meals for the period July 1, 2004 through June 30, 2005. 

 

Chairman Maddox asked if this was a matching grant.

 

Ms. Moore said this one does require a local match but  is a rollover budget from last year; thus, there are no changes at this point to the budget.

 

Commissioner Holder made a motion to approve the request; Commissioner Adams seconded. 

 

Chairman Maddox asked for the dollar amount of the match.  He asked, “can we give services to take care of the match?”

 

Ms. Moore said the Atlanta Regional Commission says there are about eleven (11) different funding sources and would require a power point with those matches.  She said some of the local matches are 5%; some are 10%, etc. 

 

Commissioner Holman asked for the total dollar amount Henry County would have to match. 

 

Ms. Sandy Craig, Senior Services Department, stated it is a 10% match and the ARC amount is $350,000, so she estimated $35,000. 

 

Commissioner Freedman said he wanted to make sure this is a budgeted item, and Ms. Angus stated it is. 

 

The motion carried 4-0-0 with Commissioners Adams, Holman, Holder and Freedman voting in favor.

 

 

 

 

Resolution of the Henry County Board of Commissioners to Support the Acceptance of FTA 5307 Funding.

 

 

WHEREAS, Henry County is a member of the Atlanta region’s urbanized area (UZA). 

 

WHEREAS, Henry County is allocated 5307 funds through the Urbanized Area Formula Grant program from the Federal Transit Administration.  Each year the Federal Transit Administration (FTA) allocates funds based on the budget passed by Congress and a formula that divides the total congressional allocation on the basis of population, population density and transit service statistics.

 

WHEREAS, Henry County is programmed in the 2004 Atlanta Region Unified Planning Work Program to complete a Transit Feasibility Study.

 

 

 

 

 

 

 

WHEREAS, Henry County’s allocation for the federal fiscal years 2005- 2010 are:

 

 

Fiscal Year 2005

Fiscal Year 2006

Fiscal Year 2007

Fiscal Year 2008

Fiscal Year 2009

Fiscal Year 2010

Federal Funds

$279,305

$279,714

$283,422

$289,090

294,872

300,769

Local Match Funds

$69,826

$69,929

$70,855

$72,272

$73,718

$75,192

Total Funds

$349,132

$349,643

$354,277

$361,362

$368,590

$375,962

 

 

WHEREAS, the funding allocations listed above can be used in the implementation of the results of the Transit Feasibility study.  Thus, creating a funding mechanism for alternative transportation options becoming available to Henry County residents.

 

WHEREAS, with the approval of this resolution, a letter will be forwarded to ARC accepting the Federal funding allocation for Federal fiscal years 2005-2010.  In addition, in the ARC’s FY 2005-2010 TIP/2030 RTP this funding will be listed as “funds to implement Transit Feasibility Study outcomes.”

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners, approves and accepts the Federal Transit Administration’s 5307 Urbanized Area Formula Grant funds for Federal fiscal years 2005-2010.  A letter of acceptance will be forwarded to the Atlanta Regional Commission no later than August 20, 2004.

 

 

Commissioner Adams asked if this goes for ‘asphalt and concrete’ or just for studies.

 

Ms. Lisa Glover, Director of Transportation Planning, said this is for studies and study outcome.  She said the study is a result of the requirement of the Federal Transit Administration.  Ms. Glover stated the need has to be documented and how the need is to be addressed and then the funding is brought forward.  She said the County already has funds in the Unified Planning Work Program to complete a transit feasibility study.  

 

Commissioner Freedman asked if this is a guarantee that the County will receive this every year through 2010.

 

Ms. Glover said this is a guarantee until 2010, and then it has to be approved by the Board so that it can be documented in the final document that goes to the U.S. Department of Transportation. 

 

Commissioner Freedman clarified, “the Board will have to do the same thing each year regarding approval so that we are paying our matching toward the 25%.”

 

Commissioner Holman asked Ms. Glover, in her opinion, what “alternative transportation” consisted of. 

 

Ms. Glover stated it includes bus service (which is already being done by GRTA) and also van pooling.  She said it has to be forms of transit, not bikes, etc. 

 

Commissioner Holman said the Board has set aside $2 million for a transportation study out of SPLOST money, and now is considering an additional $2 million for an alternative transportation study.  He said the Board is going to “foot” $4 million into studying plans and none goes to asphalt, improving a dirt road, a sign, etc.   Commissioner Holman said this is “slapping me in the face, and I am against it. 

 

Ms. Glover said this is not $2 million just for a study; the $2 million is for the implementation of the results of the original study that is already listed in the TIP (Transportation Improvement Plan) for 2003 – 2005 for $200,000.  

 

Ms. Angus said the transportation issues are very complex, and she suggested the Board have a meeting on all of the County’s transportation issues showing all of our lists, all of the funding sources and all of the commitments. 

 

Commissioner Holder said the way Federal programs work, if the Board does not participate in this, there will not be a ‘harvest;’ we will not get anything. 

 

Ms. Glover said the study has already been approved by the Board.  “We are in the process of completing the Regional Transportation Plan and the Transportation Improvement Plan for submittal to the Federal Government in January.  If we do not agree to take this money in August, it will be put back into the region, and it will be made available to other counties.”

 

Commissioner Adams stated we have not been a ‘player’ in Henry County in getting Georgia DOT and Federal money, unlike other surrounding counties, and he said that is part of our problem.  The Commissioner stated, “if we don’t play this game, then we will not be able to play in the big game.”

 

Commissioner Freedman said we only have until August 23rd to notify ARC that we want this, or we will lose it.  If we do not use it, there will be other counties who will grab that money.  He said we are making a commitment of less than $70,000 to get $209,000 more; that is a good return on an investment.  He said the narrative states “going beyond a study” and is talking also about the outcome.  Commissioner Freedman asked the County Manager if this has been budgeted or is this part of the $7 million unallocated fund balance. 

 

Ms. Angus stated this is part of the unallocated fund balance; the $2 million set aside in SPLOST is not necessarily going to cost $2 million.  She said this is a figure that it will not exceed.  Ms. Angus said if the Board would approve the plan, she would bring the budget amendment with a couple of options to determine where to take it from.    

 

Commissioner Holman informed the Board members he is not voting against transportation, but the way this has been presented to the Board, it is very confusing. 

 

Commissioner Freedman said he had a problem with taking it out of the unallocated fund. 

 

Commissioner Holder said where the money comes from should be left to the discretion of the County Manager.  He said he has a problem with the $2 million taken from SPLOST to do the other study.  Commissioner Holder said the Board has directed the staff to meet any emergency needs for traffic.  He stated, as a Board, we do not know where the funds are, and the staff is in the position to know where they are. 

 

The motion to approve the resolution carried 3-1-0 with Commissioners Holder, Freedman, and Adams voting in favor and Commissioner Holman voting against. 

 

 

 

Chairman Maddox stated he had failed to announce Commissioner Jason Harper’s absence because he was in Court today.  Also, he took this time to introduce the County’s two (2) new elected Commissioners from District II, Ms. Elizabeth “B. J.” Mathis, and District III, Mr. Randy Stamey. 

 

 

ITEMS ADDED BY THE PUBLIC WORKS DEPARTMENT:

 

Request to Appear by Mr. Jerry Hagan to discuss Right-of-Way Acquisitions on Crumbley Road.

 

Mr. Jerry Hagan said he wanted to talk about the Crumbley Road bridge project.  He said under the current preliminary plans, he would lose approximately ninety (90’) feet of his back yard at 224 Brookstone Drive, McDonough, Ga.   Mr. Hagan purchased the house as is out of foreclosure on January 26, 2004, unaware that on November 17th the Board had approved the rebuilding of the Crumbley Road bridge to the east side of the existing bridge.  He said there were no signs and none of the neighbors had been contacted.  The way Mr. Hagan found out about this project was by receiving the “soil sample” letter.  He said he contacted Commissioner Holman to obtain a copy of the Board Minutes in reference to this, and Commissioner Holman stated a hearing was not needed.  Mr. Hagan contacted Mr. Terry McMickle, Transportation Manager, in April, and Mr. McMickle informed him ninety (90’) feet of his property would be taken, but maybe he could fix this by putting in a little curbing or reducing the easement.  He said Mr. McMickle has been very helpful but is limited by the current length of that project.  Mr. Hagan stated he is a light sleeper and informed Mr. McMickle if he was taking ninety (90’) feet, just take the whole house.  Mr. Hagan stated he was told if this ends up in Court, someone was being unreasonable.   He said he asked Mr. McMickle if he could put the road in and only take about forty-five (45’) feet of his property.  Mr. McMickle’s response was “anything can be done as long as it is safe and well-built.”  

 

Mr. Hagan said everything went along fine until the County started blasting with dynamite for the pipe for the pump station.  He said the County blew a two-hundred ten (210’) foot long, thirty (30’) foot deep rock that shook his house and cracked the foundation.  He said the construction crew told him most of the area is just rock. 

 

Mr. McMickle told Mr. Hagan that his slope in his back yard would be one to one and a half.  Mr. Hagan said he does not know how steep that is, but Mr. McMickle told him he (Mr. McMickle) would have to walk around a one to one and a half slope.  Mr. Hagan suggested an industrial quality fence or a retaining wall if it is going to be that steep. 

 

Mr. Hagan said 90% of the community does not want clear-cutting in the subdivisions, and he has counted over 100 trees that will be taken down.  He said the County could save half of those trees by putting the road in at just forty-five (45’) feet.  He suggested if the Board wanted to replace the lost trees that are in the way of progress, some Leland Cypress or privacy trees could be planted. 

 

Mr. Hagan said all of this should have been presented to the Board with the original plan when the decision was made to straighten the curve and make a safe bridge. He does not understand why the Board is devaluing three (3) expensive subdivisions, making a dangerous slope, and taking more trees than the County needs to just because the contracting company (Heath & Lineback) in Marietta was hired to construct a road as inexpensively as possible from point ‘A’ to ‘B.’ 

 

Mr. Hagan asked the Board to consider realigning the road, since the project is in preliminary stages, taking forty-five (45’) feet rather than ninety (90’) feet of his back yard, installing industrial fencing, replacing the lost trees with privacy trees, and monitoring the house during the road construction for structural damage. 

 

Commissioner Freedman encouraged Board members and DOT to look at this to find an alternative solution to avoid infringing on peoples’ property, cutting down trees, and destroying the value of homes.  He thought there was a solution that was less imposing on Mr. Hagan and his family. 

 

Commissioner Holman stated Mr. Michael Harris, Public Works Division Director, has been working on an alternative plan which would bring the road forty-five (45’) feet in his back yard. 

 

Mr. Harris said staff has been working with Mr. Hagan, and a substantial amount of modifications have been completed within the realm of the existing design by the SPLOST staff.   Mr. Harris said to reduce the property from ninety (90’) feet to the forty-five (45’) feet, per Mr. Hagan’s request, would require it to go back to the engineering firm for redesign.  Referencing the November 17th Board Meeting, at that time the SPLOST staff did come back before the Board, and it was agreed to increase the design cost by $37,000 to redesign that area to incorporate some of the roads leading up to the bridge.  He said it was a smart decision, and they made an assessment of the entire project, and it was the wise thing to do.  Mr. Harris said that precipitated a change in the construction cost, and the actual amount increased by $509,000, based on design changes at that time.    He said there is not a set number for how much the actual design cost will be, but the estimation will probably be in the ‘ball park’ of $20,000.  Mr. Harris said in order to proceed with what Commissioner Freedman has asked, authorization would be needed to increase the budget immediately to increase the design budget by approximately $20,000 and then the redesign of the road could take place.  There will be some additional costs related to construction, because the project would be extended out somewhat.  An exact cost has not been determined, because the final design has not been secured.  He said they anticipate it to be around $150,000 to $200,000. 

 

Chairman Maddox asked where the design of the road stands today.

 

Mr. Lynn Bledsoe, Program Manager, stated it is in ‘red line’ review, and modifications have been completed regarding the slope of the bank.  It will be a non-maintenance type bank having less impact on Mr. Hagan’s property. 

 

Chairman Maddox asked if it is redesigned, why is it going to cost another one-half million dollars?

 

Mr. Harris said the original estimate was $800,000; that cost has now gone to $1.3 million.  The reason it has gone to $1.3 million is because the scope of the project was extended; the lanes were added on both sides.  In moving a road over, the limits of the existing design would have to be extended; therefore, there would be some additional construction costs.

 

Chairman Maddox directed staff to move forward and take precautionary measures and do this as quickly as possible.

 

Commissioner Holder asked if there was any safety concern with a bridge going back in the existing location. 

 

Mr. Harris said the problem with the existing location is the curve leading into the bridge.  He said the original plan called for the replacement of the existing bridge in the existing location.  The design of the roadway leading to and from the bridge on both sides was then reviewed, and it was determined there was a horizontal and vertical curve coming into the bridge.  It is a dangerous condition as it stands today. 

 

Mr. Bledsoe said the main concern is shutting the road down and taking down the existing bridge.  

 

Chairman Maddox said he thought the engineers should be allowed to go ahead and do what is best for the County and for the applicant at the least amount of cost. 

 

Commissioner Holman made a motion to direct SPLOST to reconsider their design to include a six (6) month detour to reuse the roadbed of the existing bridge; Commissioner Freedman seconded.  The motion carried 4-0-0 with Commissioners Adams, Holman, Freedman and Holder voting in favor.

 

 

Request Approval of a Bid for Design/Construction of the Courthouse Annex.

 

Chairman Maddox stated this would be discussed in Executive Session.

 

 

Request Approval of a Bid for an Animal Crematory and Walk-In-Freezer to be Used at the New Animal Shelter.

 

Sealed bids were solicited for the purchase of one animal crematory and one walk-in-freezer, and the SPLOST Management Department received three (3) sealed bids for these items.  The cost of the animal crematory is $52,337.00 and the cost of the walk-in-freezer is $11,760.00, for a total of $64,097.00. The SPLOST Management recommends the low bidder, Bestech. 

 

Commissioner Holman made a motion to approve the request; Commissioner Holder seconded.   The motion carried 4-0-0 with Commissioners Holder, Holman, Freedman, and Adams voting in favor.

 

 

Request Approval of a Bid Pertaining to the Widening and Resurfacing of Leguin Mill Road.

 

Sealed bids were solicited for a project to widen and resurface Leguin Mill Road from the new pavement near Annie Lane to Old Jackson Road.  Four (4) vendors submitted bids for this project, and Shepherd Construction Company, Inc.’s bid in the total amount of $317,057.48 meets bid specifications.  The completion date for this project is sixty (60) calendar days from receipt of the written Notice to Proceed.  Funds are available in the Department of Transportation District I Priority Funding to complete this project.

 

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

 

Commissioner Holder asked if this request is approved today, when would the Notice to Proceed be issued?

 

Mr. Harris said he would have it out this week.

 

The motion carried 4-0-0 with Commissioners Holder, Holman, Adams, and Freedman voting in favor.

 

 

Request Approval to Use Impact Fee Revenues Towards the Purchase of Land.

 

The Commissioner for District V has identified an available tract of land on Fairview Road which could serve as the site for a Library and a voting facility.  An appraisal has been done on the subject property and a fair market value has been established.  The District V Commissioner has already set aside $525,000 from his DOT District Priority Fund to go towards this purchase.  The Board of Commissioners authorizes the use of $175,000 to come from the impact fee revenues to supplement the cost of this land purchase that would allow Austin Road to be realigned with Swan Lake Road, thereby creating a safer intersection at Fairview Road. 

 

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

 

Ms. Angus stated this is the second allocation from impact fees that are being drawn from the Library’s portion of the impact fee; the first allocation was for the Cochran Library. 

 

Chairman Maddox said Austin Road and Swan Lake Road, in that particular area, are very unsafe areas for both roads to dead-end into Fairview.  There are three (3) schools in that area, and there have been a lot of accidents. 

 

Commissioner Freedman said, “you cannot convince me we have got to go out and buy land to build a Library, when we already own land.  Now you are going to spend impact fees of hundreds of thousands of dollars to buy land when you already have it.  I have seen nothing that says that site is not suitable.”  Commissioner Freedman said impact fees should be spent where they are collected. 

 

Commissioner Adams asked why forty (40) acres would be needed to build a Library?

 

Commissioner Holman said this is a multi-purpose purchase; the primary function is to realign Austin Road and Swan Lake Road.  The Hidden Valley Senior Center will no longer be available for a voting precinct, and there is a SPLOST Library (voter approved) for District V and this would be an ideal location for it next to three (3) schools.  He said this Board has already authorized the Chairman to execute this contract. 

 

Commissioner Holder said the Board was told Hidden Valley was rock; there was so much rock in the park they could not install a septic system.  He said he has not seen any proof of that.

 

Ms. Angus said the conclusion was based on the problems with the Senior Center, but there have been no formal studies done of the soil at the Senior Center. 

 

Commissioner Adams said he noticed the total is $700,000 for the District V DOT allocation and $175,000 from impact fee, but the appraisal shows $600,000.  He asked if it is $600,000 or $700,000. 

 

Ms. Angus said the appraisal was $700,000, and she displayed a copy.

 

The motion carried 3-1-0 with Commissioners Holder, Holman, and Adams voting in favor and Commissioner Freedman voting against. 

 

 

 

Resolution to Rescind Resolution 04-292 for Stockbridge/Cochran Library and Approve a New Resolution.

 

            WHEREAS, the Henry County Board of Commissioners wishes to rescind Resolution 04-292 and approve a new resolution to allow use of Henry County Funds for the Stockbridge/Cochran Library for construction and to replace with the proceeds of the existing Cochran Library (after the sale); and

           

            WHEREAS, the Stockbridge/Cochran Library is on the SPLOST II Designation list and was approved by the Board on August 14, 2004 with a budget amount of $2.2 million; and

 

            WHEREAS, the funding for this project will include $1.1 million from SPLOST II, 250,000.00 from the savings from the Stockbridge Tag Office, Henry County Funds (reimbursed with existing Cochran Library proceeds), and the balance from impact fees; and

 

            WHEREAS, the proceeds from the sale of the existing Cochran Library would be covered by Henry County Funds at the present and reimbursed with the proceeds from the sale of the existing library as stated in Intergovernmental agreement, attached;

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners wishes to rescind resolution 04-292 and approve a resolution to include use of Henry County Funds which will be replaced with the proceeds from the sale of the existing Stockbridge/Cochran Library, and the balance to be covered by impact fees and authorizes the Chairman of the Board to sign all necessary documents.

 

 

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

 

Mr. Harris said the reason staff is pushing forward with this is the bid for the Library is due this week.   He said staff wanted to make sure they had all of the funds secured and in place.  Mr. Harris stated there have been conversations with the Library Board and they are aware this intergovernmental agreement is coming before them.  He said they sent him a letter saying they are in agreement and said to go ahead and move forward. 

 

Commissioner Holder said this just assures when the bid comes in, the County can award the contract and get it underway.  The Library Board cannot sell the existing Library until they have another place to relocate; then it will sell, and the money will come back to replenish the money the Board is approving now. 

 

Commissioner Freedman said, “the Church is buying it and did tell them they could stay there until the new one was built; that was part of the agreement.”

 

Commissioner Adams said there were two different agreements; either they would give a certain price if they moved right away or a certain price if the move was later. 

 

Ms. Angus stated she has pursued this issue with the intentions of the County holding title to all Library land and building purchases.  

 

The motion carried 4-0-0 with Commissioners Holder, Holman, Adams, and Freedman voting in favor.

 

 

 

PUBLIC COMMENTS:

 

There were no public comments.

 

 

 

 

 

 

 

 

Request Approval to Accept the Georgia DHR Transportation for Elderly Persons and Persons with Disabilities Grant – Section 5310 - (Continued from Beginning of BOC Meeting).

 

Ms. Angus referenced the Department of Human Services Contract, stating the total obligation of $281,800 is correct; the Federal match is $172,040, which was a typographical error, and the State match is $109,760 that was prepared and confirmed by the Transportation Department and Michael Sabine.  She said this is a reduction from last year’s total obligation and match, and last year was a reduction from the year before.  She stated there is obviously a trend from the Federal level. 

 

Commissioner Holman made a motion to approve the request; Commissioner Freedman seconded.  The motion carried 4-0-0 with Commissioners Holman, Freedman, Holder, and Adams voting in favor.

 

 

COMMISSIONER(S) COMMENTS:

 

Commissioner Holder congratulated Ms. B. J. Mathis and Mr. Randy Stamey and welcomed them on board.  He extended for himself, and the entire Board, any hand they could give them between now and then to get them up to speed.  He stated the more they can see ‘hands on’ and attend the orientation class, they will be able to relate a lot easier. 

 

Commissioner Holder said he had a petition to present to the Board from the residents on Frog Road requesting the road to be paved.  Several years ago, a petition was presented to the Board for the road not to be paved.  He asked the Chairman to put it on file and to meet with the DOT to see this road is included.

 

Commissioner Holman congratulated Ms. B. J. Mathis and Mr. Randy Stamey for winning their election. 

 

Commissioner Holman also mentioned he received an e-mail announcing the Stormwater Management Kick-Off at the Rockdale Administration Building on today’s date (August 16th) from 9:00 a.m. to 12:00 noon.  He thought it was advisable to attend these types of meetings.  He said we have advertised in the Legal Organ on Friday, August 13, 2004 for Stormwater Management to locate and map stormwater structures in the unincorporated Henry County. 

 

Ms. Angus said it is part of the NOI process, but said we cannot begin to address the improvements until we have the inventory. 

 

Commissioner Holman read out of the Legal Organ, “Henry County is accepting bids for qualified vendors to provide temporary staffing personnel.”  He asked what that was all about.

 

Ms. Angus said there are times when employees are on extended leaves, and said we can’t replace them because they intend to come back, and their offices need help while they are gone.  She said we have been buying services without them having been bid out. 

 

Commissioner Holder stated he would like to add to the Agenda of the Board of Commissioner’s Regular Meeting on Tuesday, August 17th in response to a memo from the County Attorney concerning 48.43 acres of County-owned property.  He said he needed a resolution approved.  Commissioner Holder made a motion to add this item to the Agenda of August 17th; Commissioner Holman seconded.  The motion carried 4-0-0 with Commissioners Holder, Holman, Adams, and Freedman voting in favor.

 

 

UPCOMING MEETINGS:

 

8/17/04            Tuesday           -           9:30 a.m. Called Meeting – Millage

 

8/17/04            Tuesday           -           6:30 p.m. Regular BOC Meeting - Millage

 

9/06/04            Monday           -           LABOR DAY (No Meeting)

 

9/07/04            Tuesday           -           9:00 a.m. Regular BOC Meeting

 

9/20/04            Monday           -           9:00 a.m. Regular BOC Meeting

 

9/21/04            Tuesday           -           6:30 p.m. Regular BOC Meeting

 

 

Commissioner Holder moved to convene 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 4-0-0 with Commissioners Holder, Holman, Freedman, and Adams voting in favor. 

 

 

 

 

                                    (An Executive Session was Held.)

 

 

 

(Commissioner Harper entered the meeting during Executive Session.)

 

 

 

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

 

Commissioner Holman made the motion to authorize the Chairman to sign the affidavit for Executive Session; Commissioner Holder seconded.  The motion carried 5-0-0 with Commissioners Holman, Harper, Freedman, Holder, and Adams voting in favor.

 

Commissioner Holman made a motion to amend the Agenda and authorize the County Manager to propose a judicial complex for Henry County located in the present government dirt for approximately $35,000,000; Chairman Maddox seconded for discussion purposes.   Chairman Maddox stated it had been discussed to wait on this item for two (2) weeks to determine the best location, and he said the Board should probably wait for that.  Commissioner Adams agreed. 

 

Commissioner Holman withdrew the motion, and Chairman Maddox withdrew his second. 

 

Commissioner Freedman made the motion to adjourn at 1:58 p.m.; Commissioner Adams seconded.  The motion carried 5-0-0 with Commissioners Freedman, Adams, Holman, Harper, and Holder voting in favor.

 

 

                                                            Leland Maddox, Chairman

 

Peggy L. Malcolm, Deputy County Clerk