STATE OF GEORGIA

 

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Called Meeting at 1:30 P.M. on Thursday, March 25, 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 Craig, County Clerk; Peggy Malcolm, Deputy County Clerk; Tom Couch, Human & Community Services Division Director; Danny Taylor, Economic Development Division Director; Michael Harris, Public Works Division Director; Tommy Smith, Purchasing Department Director; and others.

 

Chairman Maddox called the meeting to order and asked for an Acceptance to the Agenda.  Commissioner Holman made a motion to accept the Agenda with the following amendments.  He said he would like to replace No. VIII of the Agenda with the ‘request approval of an agreement regarding Lake Erma, LLC.’  He stated there are two (2) issues; 1) the Dutchtown Road engineering design services and 2) the infrastructure of Crystal Lake Plantation.  Commissioner Holman stated Commissioner Freedman has asked for the Agenda to be amended to allow an Executive Session for personnel and legal matters, and this will be placed as item No. IX.   Item X will be adjournment.  Commissioner Harper seconded.  The motion carried 4-0-0 with Commissioners Harper, Holman, Adams and Holder voting in favor.  (Commissioner Freedman was not present, and Chairman Maddox did not vote.)

 

Hospital Bond Proceedings:

 

TEFRA Proceedings.

 

The attorney representing the Hospital Authority, Mr. Rod Meadows, stated there were two (2) resolutions for the Board’s approval in regard to the Hospital Bond issue.  “The first resolution is an approval of the TEFRA (Tax Equity and Fiscal Responsibility Act of 1982) Hearing.  Basically it says, if a tax free bond is issued to your County, you need to know about it and you need to make sure the public knows about it and to comply with those provision, the Hospital appointed me as Hearing Officer and we conducted a public hearing at the Hospital.  Not surprisingly, no one appeared before that public hearing, but after the notice and so forth, we did conduct a public hearing.  The first resolution contains my report saying that I conducted the hearing, nobody came to the hearing, and you did make the proper notice, and so the first resolution would be your approval on our having conducted that hearing.”

 

Commissioner Harper made a motion to approve the resolution; Commissioner Holman seconded; and the motion passed by a vote of 5-0, with Commissioners Holder, Holman, Harper, Freedman and Adams in favor.

 

Commissioner Adams asked what TEFRA stands for.  Mr. Meadows responded “Tax Equity and Fiscal Responsibility Act.”  He stated it is part of the Internal Revenue Code.

 

Preliminary Official Statement.

 

Mr. Meadows stated the second resolution is “a resolution whereby you approve the putting together and at this point issuing a Preliminary Official Statement (POS), and more specifically you approve the County’s data that is contained within this POS.  Again, that was information that had been furnished to the Hospital.”

 

Commissioner Harper made a motion to approve the second resolution; Commissioner Adams seconded; and the motion passed by a vote of 5-0, with Commissioners Holder, Holman, Harper, Freedman and Adams in favor.

 

 

Ms. Angus stated she knew this was out of order, but said she had a question about the bond issue that we are letting on SPLOST.  She said representatives were present regarding that bond issue.  “We would like to price the issue next week, and when we price the issue on Wednesday, we need a meeting on Thursday (April 1st) to approve this.   This is the $25,000,000 issue and we have the preliminary official statement.  We will distribute this to the Board now in case you have questions.”

 

Chairman Maddox set a Called Meeting for Thursday, April 1, 2004 at 1:30 P.M.

 

Commissioner Freedman made a motion to set a Called Meeting for April 1, 2004 at 1:30 P.M.; Commissioner Holman seconded.  The motion carried 5-0-0 with Commissioners Freedman, Holman, Harper, Holder and Adams voting in favor.

 

Request Approval of a Bid Pertaining to Landscaping for Heritage Park Village.

 

This item was tabled at the March 15th Board of Commissioners Meeting.  Bids were solicited for a project to provide landscaping (installing trees, shrubs, etc.) for the Village at Heritage Park.  This project is SPLOST funded and is part of the overall Village Project.  

 

Sealed bids were solicited and fourteen (14) vendors submitted bids for this project.  Piedmont Lawn Maintenance of Atlanta, LLC bid in the amount of $13,942.00 which meets bid specifications and is recommended by departmental personnel.

 

Commissioner Harper made a motion to award Piedmont Lawn Maintenance of Atlanta, LLC the bid in the amount of $13,942.00; Commissioner Adams seconded. 

 

Mr. Jerry West of CMC Landscaping (the lowest bidder) came to the podium to speak.  “I think there was some discussion at the last meeting about the use of my company, and I have come here today to clarify.  It does not matter to me if I get the job or not, but there was some comment about my company not finishing work awarded in the past at the Recreation Department.  We did the irrigation on the fields at Heritage Park, and when the County built a concession stand, they ripped the irrigation out of the ground.  We then went back and repaired it at no cost to the County. We are still there trying to repair the problems that were created.  There was another issue about the Leylands at the Jail; after we planted them, half of them died.  We came back and planted more, and those were not the right size.  Then we pulled them out and planted the right size.  I think my company has gone over and above some of the issues asked of us, and we have done quite a few things that we have not charged for.  We have always had a good relationship with the folks in the Recreation Department and with Mr. Roy Clack.”

 

Commissioner Freedman stated, “we have used CMC on previous occasions for special projects in the Jodeco/Flippen area.  Every time they have performed exactly as we have asked with the best price by far.  Referencing the work they have done in District II, I have received no complaints.”

 

Commissioner Harper said he did not know Mr. West or any of the other vendors.  “All we have to go on is what Staff reports to us.  If CMC is not delinquent on any contract with the County, then I do not think any of us should hold it against them.  My only concern is a job should be done in a timely manner; I would not want to award a bid to someone and three (3) months later the job has not been completed.”

 

Ms. Angus replied, “this company is not delinquent and has fulfilled its obligations in terms of the closeout of the projects they have had with us.  We had an experience with them that you might be familiar with.  The tree plantings at the Jail, the trees that died, the delay in replacing them and getting attention was the concern; it does not mean there is reason not to award the contract, but that is one you all probably noticed.”

 

Mr. West said, “the trees were planted at the wrong time of year, and I argued that point.  I made no money on that project.  I went out and laid these trees out with the people who were involved; the next day they came back and said ‘we don’t like them and we want them moved back to the berm.  I had to dig those trees up and move them a second time.  Then some of them died.  I stayed in contact with the gentleman who called me about this, and I repeatedly called him letting him know what was going on.  If he is not reporting to the County, I am not aware of it.  Do I need to come to the Commissioner’s Meetings every time and tell them what is going on?  Regarding the Heritage Park irrigation problem, I did not tear it out, but I went back and tried to fix it.”

 

Commissioner Holder said what we have heard today is totally contrary to what we have heard.  “I would not want to award a bid to a higher bidder when, in fact, this vendor has stated he has gone beyond the call and has done repairs.  It seems like it was his free will to do what is right, and I think this should be taken into consideration.”

 

Commissioner Harper said he would entertain withdrawing the motion, and he asked Mr. West to speak with Mr. Tommy Smith, Purchasing Director, and Ms. Judy Neal, Recreation Board Member, to try and get Mr. Tim Coley, Recreation Department Director, on the phone to try to work things out since it would be a $2,000 savings.  Commissioner Adams withdrew his second.

 

Ms. Angus suggested Mr. Smith talk to Mr. Roy Clack, Project Manager in the SPLOST Department, because he has all the knowledge.

 

Request Approval of a Resolution to Allow SPLOST Management to Administer All Bidding and Procurement Processes.

 

This is a resolution to allow the SPLOST Management Office to administer all Bidding and Procurement Processes including, professional services, construction services, and materials, including document preparation, advertisement, plan distribution, bid openings, and presentation and recommendation to the Board of Commissioners for award for all SPLOST projects.

 

WHEREAS, the SPLOST Program is unique in certain timing aspects of its purchasing requirements,

 

WHEREAS, having one department responsible for administering all required functions of the Bidding and Award Process will expedite the entire process,

 

WHEREAS, the County Attorney and Purchasing Department will provide oversight and the County Finance Department will audit all functions on an ongoing basis,

 

WHEREAS, all documents will be approved and signed off on by the Division Director of Public Works and/or the County Manager as deemed appropriate,

 

WHEREAS, the County wishes to expedite the time it takes to commence SPLOST construction projects.

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners, authorizes the Chairman of the Board to allow SPLOST personnel to administer the bidding and procurement including professional services, construction services, including document preparation, bidding, and handling the presentation and recommendation to the Board of Commissioners for awarding, for all SPLOST projects in accordance with Exhibit ‘1’ with appropriate approval.

 

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

 

Commissioner Freedman asked if this takes the Purchasing Department out of the process.

 

Ms. Angus answered, “not entirely; they will be working together.  The daily operations of what they produce, which will go out for bid, are going to be performed by them and then overseen by the Purchasing Department.  Regarding these forms in front of you, we are going to ask you to approve them for common use at a later date for the entire County.  This is just the first step.  Once this was proposed, we did put in the third ‘Whereas’ so that the oversight and the legal aspects of what they are doing are going to have to be straight, and we will make sure they are.   We will make sure to the smallest detail that they follow the same County and State codes that we follow in our Purchasing Office.”

 

Commissioner Freedman asked if they will hire people to do this procedure.

 

Ms. Angus responded, “there is one position we intend to put in place, but it is in their budget which was approved this year.  It is a ‘project and purchasing assistant’ to help manage the paperwork.  The Purchasing Department is understaffed because we have taken on $90,000,000 worth of projects over a five year period, and they were not staffed up.”

 

Commissioner Freedman asked what was the salary for the position.

 

Ms. Angus said, “the bottom range is $30,000 and I approved a hiring rate up to mid-range with the experience, and I do not recall the pay grade level, but it is on our current compensation plan.”

 

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

 

Request Approval of an Amendment to the Organizational Chart.

 

WHEREAS, the Board of Commissioners approved the Henry County Organization Chart on May 19, 2004; and

 

WHEREAS, Resolution No. 03-49 stated that such organization chart may be amended from time to time as business necessity dictates; and

 

WHEREAS, several functions have been combined or relocated since that time; and

 

WHEREAS, the County Manager respectfully requests the Henry County Organization Chart be updated and amended to reflect these minor modifications;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County that the amended Henry County Organization Chart attached hereto as Exhibit ‘A’ be adopted.

 

Commissioner Holman made a motion to approve the resolution for discussion purposes; Commissioner Holder seconded.

 

Commissioner Holman said he had observed the chart and the Public Works Division Director still has the Water and Sewerage Authority “football” under that Division.  “I still maintain the logical entity is to place it under the Economic Development Division.  I see we have added Stormwater Management, and the Water Authority and Stormwater Management are related.  Also I would like to address the operation analyst and the function of that position.”

 

Ms. Angus stated, “we had the position filled until yesterday with Corinne Sibly.” 

 

Commissioner Holman asked what work product will we see come out of that office.

 

Ms. Angus answered, “let me address Stormwater and Water and Sewer.   Danny Taylor and I were involved in putting a Stormwater utility in place in Horrey County.  At this moment, the Stormwater work that has to be done is setting up the utility, the forms filing and GIS engineering data that has to come together to make this work.  So it is logical, at this moment, to put it under Economic Development.  Ultimately, when we establish the authority and get through this initial phase, it will move under Public Works because, for obvious reasons, Stormwater and Water and Sewer are connected and they are Public Works operations.”

 

Commissioner Holman said, “since it is temporary, (Stormwater Management under Economic Development) why don’t we temporarily have a Water and Sewer “football” under that too on the organization chart?  When they look at our chart, they report to Mr. Michael Harris, but really they should be interfacing with Mr. Danny Taylor.”

 

Ms. Angus responded, “let me inform you of what operationally is going on.  Michael Harris and Danny Taylor are leading this effort together; we are involved in hiring the Stormwater Manager and are involved in all of the meetings we have regarding this.  Together they are handling it; unless you make me do otherwise, we will still operate it this way.”

 

Commissioner Freedman added, “I think it is a good idea to have that coordination with the Water Authority by Stormwater Management.  The Water and Sewer Authority does many things besides interface with Stormwater Management.  My concern is we might be loading up Danny Taylor with too many functions under his lineage.  My recommendation would be, since the Water and Sewer Authority has many things besides Stormwater Management, leave them under Public Works.  Since Stormwater Management is already under Economic Development, let that stay there and they can just interface with the Water Authority as part of their function.”

 

Ms. Angus responded, “There is one item when looking at the distribution of departments.  Public Works has more than fifty (50) projects underway at the moment.  Michael Harris has his hands full and is handling it very well.  One thing that should be under there, and probably was overlooked, was the transfer of Fleet Services to Public Works which was agreed upon.   You can see we took it off of Human and Community Services, but it did not get moved; Fleet should be an addition to Public Works, as well as Building and Capital Projects and Building Maintenance.   We have had some issues with Fleet Services being concerned about some of the things we have or have not done to support them, and I think this is the most logical place.”

 

Commissioner Holder made a motion to place Fleet Services under the Public Works Division.  Commissioner Holman amended his motion to include this amendment; Commissioner Holder amended his second.  

 

Commissioner Freedman asked if the Water and Sewerage Authority would be moved under Economic Development Division.

 

Commissioner Harper said he was in agreement with Commissioner Freedman.

 

Commissioner Holder said it needed to stay under Public Works……………….

 

The vote was taken on the approval of the amended resolution; the motion carried 5-0-0 with Commissioners Freedman, Holman, Holder, Harper and Adams voting in favor.

 

District V Resolutions:

 

A Resolution Amending Resolution 04-98 Authorizing the Addition of $1,200,000 for the Fairview Library Capital SPLOST II Project be Included with SPLOST II Designation.

 

      WHEREAS, the Henry County Board of Commissioners has determined that there is a public need to develop a public library in the Fairview area;

 

      WHEREAS, the Henry County Board of Commissioners has determined that there is a public need not to vary from what the voters voted on, even though there are projects in each of the five districts that very well may not be funded;

 

      WHEREAS, the spread or ratio of where the SPLOST II funds are spent has not been changed or altered;

 

      WHEREAS, the trust of the people is not to be violated;

 

WHEREAS, this is a $1,200,000 SPLOST II voter approved ballot question;

 

WHEREAS, this is a voter SPLOST II approved capital project;

 

WHEREAS, this addition will bring district’s five total designations for capital, roads, bond cost and program management cost to a maximum of $9,032,519, ($9M/$140M maximum ballot collections  = only 7% of total designations);

 

WHEREAS, district 1 has $11,962,519, while district 2 has $14,567,519, while district 3 has $28,781,519, while district 4 has $11,058,519, these districts all have additional SPLOST II approved projects not yet moved by designations, district 5 has no more projects available due to the Board’s adopted oversight committee report;

 

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1.      The County Manager is authorized and directed to place $1,200,000 to Designation No. Five of the SPLOST II Program.

2.      The County Manager is authorized and directed as soon as possible to develop a public library in Fairview within the current SPLOST II program via designation.

3.      $1,200,000 of SPLOST II funds shall be made available for said library.

4.      The Chairman of the Board of Commissioners is authorized and directed to execute and deliver such instruments and documents as are necessary.

 

 

Commissioner Holman made a motion to approve the resolution; Commissioner Freedman seconded.

 

Commissioner Holder said he did not agree with a couple of the ‘Whereas’ paragraphs.  “I certainly think District V is entitled to a library; however, the $1.2 million was not picked up early on as a viable project.  I will not vote for this resolution because it takes $1.2 million away from the rest of the County.  The only way to correct that is going to be that some of these other projects identified in District V are going to have to be removed.  We need to stick with the projects that have been identified by the original resolution passed by this Board of Commissioners for SPLOST II.  Every Commissioner here is going to feel that $1.2 million coming from their projects.”

 

Commissioner Freedman agreed with Commissioner Holder, but also stated he agrees with  the language of the resolution which says the library project was on the referendum and ballot when the SPLOST was passed.   He stated “people in the County (Fairview in particular) voted for that SPLOST because the $1.2 million was there for the library.  Then it fell out of the project list.  I do not believe it should have fallen out of the project list.  Secondly, you have to have the money in order to allocate it.  I think we allocated our total out of the bond money and we may be beyond that already (at least under the capital projects).  We need to fulfill that promise to the 5th District for the library; we need to find the $1.2 million.  Maybe the answer is, as Commissioner Holder said, to give up the projects that Commissioner Holman has and figure how he is going to balance that out because there is no more money left in the SPLOST.”

 

Commissioner Holman said he would like to enlighten the Board with some numbers.  “If you will make reference to the ballot, it establishes the capital projects at $46,508,283.00.  Currently all the capital revenues that have been allocated by this Board is $27,740,015, and that projection is based on an August, 2003 projection.  I do not know what the new projection would project for the capital revenues.  So we have not expended, although we are close, to all the monies to allow that to be placed on a designation.”

 

Ms. Angus stated, “the budget the Board has approved for the County’s portion, our revised budget was not $140,000,000 total collections, it was $110,000,000 minus a rounded number of $20,000,000 for the cities; this leaves us with $90,000,000, and the 30/70 distribution of capital to roads would make the capital project cost cap at $27,000,000.  I have two potential solutions:  1) if you change the total anticipated collections over the five (5) year period from $90,000,000 to $94,000,000, it would leave at 30% $1.2 million to allocate.  This is option one which is to change the budget, and I do not think you are ready to do that.   2) impact fees – I have not received a ‘yes’ on any impact fees spending.  This is the second option.” 

 

Commissioner Holder said, “if anything is changed at all and if Commissioner Holman would like to take some of the projects he has already identified and put them into this next phase if the budget goes up, he will have the $1.2 million to build the library, but that is his choice.  I will not support $1.2 million coming from sources from throughout the rest of the County.  Are all these projects that make up District V’s being developed?  Were those identified in the resolution prior to the referendum?”  Commissioner Holder asked if Commissioner Holman had added any new projects.

 

Commissioner Holman responded, “I have added no new projects.  So, to answer your question, these are Oversight Committee approved projects.”

 

            Commissioner Holder questioned what projects were constructed with the SPLOST I funds.  Ms. Angus stated when the distribution of $1.7 million each, noting there was a $14 million capital allocation and then there was a $10.3 million SPLOST allocation, and that is where each Commissioner received a $1.7 million allocation.  Commissioner Holder noted each District received $1 million from the outer and inner ring to commit to projects of each Commissioner’s choice.  He noted he committed $1 million to a library. 

 

            Ms. Angus stated “what happened was, and I was not here, that the prior Commissioner for District V made that $1 million allocation and we came in and evaluated what was actually left and split it and there was $1.7 million each that each Board member got and District V’s projects totaled $1.7 million, including Fairview, Thurman, Pleasant Grove Road, Huntcliff/Fairview Park and Sims.  That is where whatever was remaining, when we made that split, that is where that went.”

 

Commissioner Holder said, “wherever it went, that is where the cutting should be done if you feel so strongly about a library at this point.”  He recommended the District V Commissioner consider the library project if the budget is raised.

 

Commissioner Harper said the animal shelter project in District I and the Courthouse project in his District will service the entire County.

 

Ms. Angus responded, “based on our last conversation, what we are putting together now for you is what you had asked for which was the distribution with anything that was common, like the animal shelter or the Courthouse, to be spread among all the districts.  The last piece of that is the proportionate allocation that was made among all the projects to what district.  So that is the next conversation to have about SPLOST.”

 

Commissioner Freedman stated, “I hope we would all agree that the $1.2 million for the library should be in the SPLOST somewhere.  There is no particular timetable for this.  I think what we ought to do is if we exceed the $110,000,000 or the $90,000,000 for the County, which would be more than $27,000,000 for capital projects, we agree that the first $1.2 million out of the excess above that amount be designated for the library on the resolution.   That does not affect us; it does not take away from the projects already on the list.”

 

Commissioner Holder said he totally disagreed with that, because the projects by resolution totaled $120,000,000 with $20,000,000 going to the cities.  He said it will affect us; there will still be projects not going to be funded if we build what is here, plus the library is not in here now.   We are going to have to give up something to get the library back in.

 

Chairman Maddox asked, “how many projects does Commissioner Holman have in District V now; how much money is he going to spend in SPLOST II?”

 

Ms. Angus answered, “I believe it is six point something million.”

 

Chairman Maddox replied, “if that is the case, what I would suggest is to take $1.2 million out of the $6 million that is there, and allocate it to District V.  Build the library, and we are going to collect more than $110,000,000.  If we can go over the projected amount, as we do that then those projects that he has added can be the first ones to be added in the money that exceeds the $110,000,000.   That is a simple way to do it.”


 

Ms. Angus said, “that would work if in the allocations he has made so far, there are $1.2 million capital project funds that have been allocated that we can replace it with, because you cannot trade roads for capital.   I just do not see any other way; 1) one of you can give up a capital project that totals $1.2 million and give it to Commissioner Holman’s library, or 2) to increase the SPLOST budget to $94,000,000.  I cannot prove to you today that we have projections on this.  You can do that; it might mess it up in the end.”

 

Ms. Angus continued, “of the $90,000,000 budgeted that all of you approved, that is our official budget, there is a 70/30 split that all of you agreed you would adhere to because it was part of what made up the ballot question.  That leaves the count with $27,000,000 and we have already spent or allocated all of it.   But, there is one other solution that Commissioner Holder referred to.  If the roads in District V that Commissioner Holman designated out of SPLOST I, if  we could move them to SPLOST II to be allocated out of road money, and then he could have the $1.2 million out of the SPLOST I funds to allocate to the library because it was there initially.”

 

Commissioner Holder asked, “as far as funding of park land purchased in District V, where did those funds come from?”

 

Ms. Angus answered, “to date, $640,000 came out of the $1.7 million SPLOST I allocation, and the balance of that which was about $200,000 came out of the General Fund until I can talk someone into letting me shift that to impact fees.”

 

Commissioner Harper said all of the roads in SPLOST I were to roll over to SPLOST II if not done; they should be on that list.   “If you remember when he appropriated that $1 million Ms. Spraggins had set aside, that was in 2003 which means the SPLOST collections had already occurred, so that would show me those roads are still there in SPLOST II.   We need to see what the amount of dollars are on those particular roads.”

 

Ms. Angus said, “it is $1,060,000.  Were they ever designated as SPLOST I projects or were they projects Commissioner Holman decided what he wanted to have done?”

 

Commissioner Harper referenced a meeting and stated, “we were not going to build a road or anything that was not designated.”

 

Commissioner Holman stated, “I appreciate us all trying to solve and offer solutions, but there are still some numbers and math that are not adding up, and it is all in reference to SPLOST II.  I have not received a confirmation from the Finance staff on where we are going wrong.  I want to know where we are today.”

 

Ms. Angus said, “I know where exactly you are today.  We have spent $27,000,000 out of $90,000,000 on capital projects; we have allocated that amount.”

 

Commissioner Freedman stated, “in order to be fair, if we exceed $90,000,000, which we may do, and go to $94,000,000, what is wrong in giving the first $1.2 million because we can do this; that will still be in the 30% bracket.”

 

Ms. Angus answered, “the practical aspect of that is Commissioner Holman needs to know now so he can purchase this parcel that he feels is the right place to build the library; he really needs funds committed today where he can enter into that agreement.”

 

Commissioner Harper asked if Commissioner Holman would consider tabling this item until next Thursday (April 1st) when we can have answers and a solution to this problem. 

 

Commissioner Holman withdrew his motion and said he would amend to table until Thursday, April 1st at 1:30 P.M.  Commissioner Freedman amended his second.

 

Chairman Maddox addressed Ms. Angus, “you said there is $27 million in capital projects and there is $44 million in roads.  If you add those two figures together, you get $71,000,000, and you add the cost of administration at the maximum of $5,000,000 which will then equal $76,000,000.  We have $14,000,000 remaining.  Now, is $44,000,000 70% of the $90,000,000?  There is some money lacking somewhere.”

 

Ms. Angus answered, “it is roads that haven’t been designated yet; that is all it is; we have road money left.  It means we have $14,000,000 left for roads.”

 

Chairman Maddox asked, “is the $14,000,000 above the 70%?”

 

Ms. Angus said, “no, it will make it be the 70%; once you allocate that last $14,000,000, it will be 70%.   If you want to change the budget to $94,000,000, that will cover the $1.2 million.”

 

The motion carried 5-0-0 with Commissioners Holman, Freedman, Adams, Holder and Harper voting in favor of the motion to table this item to April 1, 2004.

 

Returning to the meeting room were Mr. Tommy Smith, Purchasing Director, Ms. Judy Neal, Recreation Board Member, and Mr. Jerry West of CMC Landscaping who had met in a conference room to discuss issues of past non-performance of projects awarded to CMC.  Mr. Smith said during the process, after the spreadsheet was sent back to the department for evaluation, the Purchasing staff indicated that CMC performed most of the projects successfully and completed them on time.  However, it appears that several projects were not performed in a timely manner.  Therefore, the Purchasing Department personnel recommended that the second lowest bidder, Piedmont Lawn Maintenance of Atlanta, LLC be awarded the contract for the landscaping project at Heritage Park.   Mr. Smith indicated that Mr. West agreed there were some concerns over his past performance of some projects; however, Mr. West felt that his company was not at fault in the projects that were not done correctly and on time.  Mr. Smith recommended that, based on information presented to the Purchasing Department, the Board of Commissioners should consider the second lowest bid.

 

Commissioner Freedman said Mr. West has come in and has given his explanation, but we have not heard the dialogue from the other side (referencing Roy Clack and Tim Coley).  He said it was not fair to the vendor who took time to come here to explain his side of it.

 

Ms. Angus said, “I do not want to talk about anyone negatively in public because I do not think it is necessary.  The County Clerk, Susan Craig, and I dealt with the trees at the jail for a long time, and regardless of the explanation, we still were given promises of dates that were not fulfilled.  It was more than once that I said to the CMC rep, ‘tell them to get the dead trees out or we intend to sue.’  That was a once a week issue; then I said, ‘I wish we had never planted trees to surround that jail.’  I am not saying this bidder should be removed from County projects; I am saying, because of that experience and because we heard that from two (2) others in this particular case, I would suggest we go to the second bidder.  The next round we will be even again.”

 

Mr. West said, “that is not fair,” and left the building.

 

Commissioner Harper made a motion to approve the resolution as read; Commissioner Adams seconded; the motion carried 4-1-0 with Commissioners Holman, Harper, Holder and Adams voting in favor and Commissioner Freedman voting against the motion.

 

A Resolution Authorizing the Paving of Pleasant Grove Road South of Kellytown Road.

 

WHEREAS, the Henry County Board of Commissioners has determined that there is a current public need to pave Pleasant Grove Road;

 

WHEREAS, the Board is in receipt of a petition with the signatures of the twelve property owners who have either residence or own vacant property on the subject road agreeing to accept the County’s offer to install an asphalt lane.  See Exhibit “A” attached;

 

WHEREAS, this is a SPLOST funded project and money is available, total length approximately 0.5 miles, with an estimated $25,000 resurfacing cost;

 

WHEREAS, the cost of road design engineering is not necessary and the project shall be let based on the scope of installing a lane of asphalt only with needed public safety considerations;

 

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

 

1.      The County Manager is authorized and directed to as soon as possible install a lane of asphalt not to exceed the existing gravel roadbed of Pleasant Grove Road, located south of Kelleytown Road in the 11th District of Henry County, Georgia.

 

2.      The lane shall be the triple surface treatment only as specified by the Georgia Department of Transportation section 424.04C page 293.

 

3.      The speed limit shall be posted at 5 mph.

 

4.      One-lane road signs shall be posted as needed.

 

5.     Where suitable pull off lanes shall be provided and properly marked.

 

6.      Any other public safety considerations to be included as needed.

 

7.      The Chairman of the Board of Commissioners is authorized and directed to execute and deliver such instruments and documents as are necessary.

 

Commissioner Holman made a motion to approve the resolution; Commissioner Harper seconded.

 

Commissioner Holder said he did not believe a 5 mph speed limit could be posted.   “We have current standards that a road has to be brought up to if it is paved.  Was Pleasant Grove Road one of the approved roads on the SPLOST list?”

 

Michael Harris stated Pleasant Grove Road was on the SPLOST II list.  There are State regulations that mandate the posting of speed limit signs, and we cannot arbitrarily go out and post a sign without State certification.

 

Commissioner Holman stated he would like to amend his motion to strike #3, and post the speed limit as County standard; Commissioner Harper amended his second; the motion carried 4-1-0 with Commissioners Freedman, Harper, Adams and Holman voting in favor and Commissioner Holder voting against the motion.

 

 

Resolution Authorizing the Paving of Ward Drive South of Panola Road to Ward Road.

 

WHEREAS, the Henry County Board of Commissioners has determined that there is a current public need to pave Ward Drive;

 

WHEREAS, this is a $300,000 SPLOST funded project and money is available, total length approximately 1.0 mile, with an estimated $50,000 resurfacing cost;

 

WHEREAS, the cost of road design engineering is not necessary and the project shall be let based on the scope of installing a lane of asphalt only with needed public safety considerations;

 

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

 

1.      The County manager is authorized and directed to as soon as possible install a lane of asphalt not to exceed the existing gravel roadbed of Ward Drive,

 

2.      The lane shall be the triple surface treatment only as specified by the Georgia Department of Transportation section 424.04C page 293.

 

3.      The lane dimensions shall be similar to that of East Mays over the dam.

 

4.      The speed limit shall be posted at 5 mph.

 

5.      One-lane road signs shall be posted as needed.

 

6.      Where suitable pull off lanes shall be provided and properly marked.

 

7.      Any other public safety considerations to be included as needed.

 

8.      The wooden bridge shall be replaced with a box culvert during paving construction.

 

9.      The Chairman of the Board of Commissioners is authorized and directed to execute and deliver such instruments and documents as are necessary.

 

Commissioner Holman made a motion to approve the resolution; Chairman Maddox seconded for discussion.

 

Chairman Maddox asked if the $50,000 resurfacing cost included a box culvert.

 

Ms. Angus responded, “Chairman, we (the County Attorney, County Manager, County Clerk, etc.) do not have copies of any of these resolutions before us.  We do not know what you all are discussing.”

 

Commissioner Holder asked who wrote the resolution.

 

Commissioner Holman raised his hand.

 

Commissioner Holder said, “the last two (2) resolutions is why I cannot support them.  We are violating our own ordinances as far as engineering standards.  Regarding the liability, if someone is hurt on these roads it could be extremely bad on our County.  I cannot support things like that; it is not up to code and every road does not have to be, but there has to be safety considerations put in everything.  I cannot believe a staff person wrote this.  Also, it says $300,000 in SPLOST is available, but is that over and above?  Basically, the commitments have already been made up to the $6,000,000 and any of these projects will be over and above.”

 

Commissioner Holman said, “I would like to bring this Board’s attention to Resolution 04-98, and you will find Ward Drive, new road construction, $300,000.  So this is not over and above; this Board has already designated this money.  This is a $250,000 savings.”

 

Ms. Angus said, “we live here to accommodate all of you and genuinely want to do that.  It is probably not the safest thing; we just put a procedure in place whereby the County Attorney, the Finance Director, the Division Director and the County Manager see, all of these so that we all know that we are in agreement that it will work.  We do not have copies of this, any of this, and we cannot tell you what is going on.”

 

Commissioner Freedman called the question.

 

The motion to ‘call the question’ carried 5-0-0 with Commissioners Harper, Holder, Holman, Freedman and Adams voting in favor.

 

The motion to approve the resolution failed 1-4-0 with Commissioner Holman voting in favor and Commissioners Harper, Freedman, Holder and Adams voting against.

 

Chairman Maddox directed his comment to Commissioner Holman and said, “the County Attorney needs to see these resolutions; he does not have copies.”

 

Commissioner Holman said, “we have been doing this all along, so as always, when District V gets ready to do something, the game changes.  We have allocated monies a year ago in SPLOST.  This next one in front of us is not a SPLOST project, so I would like to do this one quickly and have discussion.”

 

Chairman Maddox restated to Commissioner Holman that the County Attorney needed to see the resolutions, but began reading the next resolution. 

 

 

 

A Resolution Authorizing Acquisition of Property for a Regional Park Located in District Five in the Kelleytown Area.

 

WHEREAS, the Henry County Board of Commissioners has determined that there is a current public need to develop a public park in the Kelleytown area;

 

WHEREAS, the Henry County Board of Commissioners has determined that there is a public need not to vary from what the voters voted on, even though there are projects in each of the five districts that very well may not be funded;

 

WHEREAS, the spread or ratio of where the SPLOST funds are spent has not been changed or altered;

 

WHEREAS, the trust of the people is not to be violated;

 

WHEREAS, park and recreational facilities is a SPLOST 2002 voter approved ballot question;

 

WHEREAS, district’s five total designations for capital, roads, bond cost and program management cost are at a maximum of  $9,032,519 SPLOST funds;

 

WHEREAS, district’s five total designations for capital, roads, bond cost and program management cost are only 7% of the $140,000,000 maximum ballot SPLOST collections;

 

WHEREAS, district 1 has $11,962,519, while district 2 has $14,567,519, while district 3 has $28,781,519, while district 4 has $11,058,519, these districts all have additional SPLOST approved project not yet moved by designations, district 5 has no more projects available due to the Board adopted oversight committee report;

 

WHEREAS, district five has a greater need for impact fee and general funds for said parkland due to SPLOST limitations;

 

WHEREAS, district one has 6 parks, district two has 3 parks, district three has 4 parks, district four has 5 parks, and district five has 1 park;

 

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1.      The County Attorney is authorized to offer to purchase or offer purchase option on the property located by Mr. Sabine of approximately 130 acres, estimated cost $2.2M.

 

2.      The County Manager is authorized and directed to determine the best available source or sources of funding for the acquisition of the property, not limited to impact fees or general funds or next years budget.

 

3.      The Chairman is authorized and directed to execute and deliver all instruments and documents as necessary to acquire said property in accordance with the terms of a sales contract or option contract.

 

Commissioner Holman made a motion to approve the resolution; Chairman Maddox seconded for discussion.

 

Commissioner Holder said this being a real estate matter, particulars needed to be discussed in Executive Session.

 

Commissioner Harper called the question.  The motion to call the question carried 5-0-0 with Commissioners Harper, Holder, Freedman, Holman and Adams voting in favor.

 

Chairman Maddox asked for the vote on the motion to approve the resolution; the motion failed 1-4-0 with Commissioner Holman voting in favor and Commissioners Harper, Holder, Freedman and Adams voting against the motion.

 

Chairman Maddox asked Commissioner Holman if he would like to leave the other two (2) resolutions off.

 

Commissioner Holman said he wanted to explain to the Board his frustrations.  “District V has a major east/west road called Fairview, and I have been working trying to identify the need to widen Fairview Road.  And every time I have come up with an idea, there is always an additional hurdle.  What it boils down to is the advice I have been given is we need to go out and prepare a transportation plan for Henry County to identify something that is obvious to everybody in District V and me.  We are asking the Board of Commissioners to authorize the beginning of acquiring right-of-way along Fairview Road in the future hopes of having it four-laned.  Just make the commitment; it does not have to be done now, but as we rezone commercial properties, we want them to know we want that to be four-laned and that we are going to condemn a right-of-way, and we also want to have an access lane along there for commercial traffic so the road will be continued to use as a road instead of a parking lot.  That is the nature of this resolution.  Mr. Chairman, if you think the Board is unable to move on, I will yield to remove that from the Agenda.  Regarding the next one in your packet, I will give the Board a brief description.”

 

Patrick Jaugstetter, County Attorney, interrupted and said, “I would suggest if it is your or the Board’s intention to authorize me to negotiate a purchase of real estate, we should not do that in public session.  The reason that we are authorized to discuss real estate acquisitions in Executive Session is so we do not skew our efforts for negotiating purchase.  By announcing our intentions, it can hinder our efforts to negotiate the best deal.  Once the ‘cat is out of the bag,’ I am authorized to go to attempt to purchase property for a price with no chance of beating that price.”

 

Commissioner Holman said, “with that said, I will not discuss the next item since we are going into Executive Session.”

 

LAKE ERMA, LLC.

 

            Mr. David Black, Member, Lake Erma, LLC, was present for the two below-listed matters pertaining to the Lake Erma project.

 

            Chairman Maddox read the below-listed letter signed by David G. Black, Lake Erma, LLC, dated March 23, 2004, concerning the Dutchtown Road Engineering Design Services as it relates to the Lake Erma project:

 

            “Please allow this letter to confirm and acknowledge that Lake Erma, LLC (hereinafter “Lake Erma”) the owner of an approximate 648 acre site, currently being developed as Crystal Lake Plantation, agrees to fund the $79,000.00 engineering design services to be completed by Conceptual Design Engineering, Inc., pursuant to attached Exhibit ‘A’ in exchange for Henry County agreeing to release Lake Erma, LLC from constructing 750 feet ($105.00 per foot cost) of Dutchtown Road as required by the County in the County’s zoning approval for the Lake Erma/Crystal Lake Plantation project.  The roadway to be deleted from the County’s construction requirement shall start at the southern corner of the Floyd property back toward Mount Carmel Road.

 

            In the event of a transfer of the underlying property by Lake Erma, LLC, it is agreed that the agreement contained in this letter shall be binding on any successors and assigns.

 

            I trust this letter provides a clear understanding of our agreement.  If you have any other questions, please do not hesitate to contact me.”

 

Commissioner Freedman made a motion to approve the letter of understanding as read by Chairman Maddox; Commissioner Adams seconded; and the motion passed by a vote of 5-0, with Commissioners Freedman, Harper, Holman, Adams and Holder in  favor.  (Retained as Resolution No. 04-____)

 

            Chairman Maddox read the below-listed letter signed by David G. Black, Lake Erma, LLC, dated December 18, 2003, concerning the Walnut Creek Sewer Project as it relates to Lake Erma (Crystal Lake Plantation):

 

            “Please allow this letter to formally confirm and acknowledge that Lake Erma, LLC, (hereinafter “Lake Erma”) the owner of an approximate 648 acre site, understands and agrees that Henry County has a policy of not allowing the construction of any dwellings unless and until sewer access is available to any given site.  However, due to the fact that the site is such a large project, together with Lake Erma’s financial participation in the placement of the trunk line, Lake Erma wishes to begin development plans so that it can begin work on its infrastructure.  Toward that end, Lake Erma agrees to hold harmless and indemnify Henry County, as well as the Henry County Water and Sewer Authority, for any delays in construction of said sewer lines to the Lake Erma site.

 

            Henry County will agree to review any and all infrastructure plans of water and sewer, all layouts of streets and roadways, drainage ditches and culverts, utilities through final plat approval on this project.  In return, it is specifically agreed and assented by Lake Erma that Henry County will not issue any residential building permits and will not allow water meters or sewer taps for residential home construction unless and until the Walnut Creek Sewer extension reaches the site and the sewer plant is in operation.   (note: underlined portion was added as part of the motion)

 

            In the event of a transfer of the underlying property by Lake Erma, LLC, it is agreed that the agreement contained in this letter shall be binding on any successors and assigns.

 

            I trust this letter provides a clear understanding of our agreement.  If you have any other questions, please do not hesitate to contact me.”

 

Commissioner Freedman made a motion to approve the agreement contained in the letter dated December 18, 2003; Commissioner Adams seconded.

 

Mr. Black stated Lake Erma will not attempt to ask for a building permit to start residential construction until sewer is available at the site.  Mr. Jaugstetter stated he does not have any objection to the proposed agreement.

 

Commissioner Freedman amended his motion to include language “unless and until the Walnut Creek Sewer Extension reaches the site and the sewer plant is in operation;” Commissioner Adams seconded this amendment; and the motion, as amended, passed by a vote of 5-0, with Commissioners Freedman, Holman, Harper, Adams and Holder in favor.  (Retained as Resolution No. 04-___)

 

Commissioner Holder made a motion to convene into executive session in accordance with the Official Code of Georgia and pursuant to advice of the County Attorney for the purpose of discussing personnel, real estate and legal matters; Commissioner Adams seconded; and the motion passed by a vote of 5-0, with Commissioners Freedman, Adams, Harper, Holman and Holder in favor.

 

(An executive session was held)

 

Commissioner Holman made a motion to reconvene into public session; Commissioner Harper seconded; and the motion passed by a vote of 4-0, with Commissioners Maddox, Holman, Harper, and Freedman in favor.  (Commissioners Adams and Holder were absent during this vote).

 

Commissioner Harper made a motion to approve the affidavit concerning executive session in support of the Chairman; Commissioner Holman seconded; and the motion passed by a vote of 4-0 with Commissioners Maddox, Holman, Harper and Freedman in favor.  (Commissioners Adams and Holder were absent during this vote).

 

Commissioner Harper made a motion to adjourn (4:15 p.m.); Commissioner Holman seconded; and the motion passed by a vote of 4-0, with Commissioners Freedman, Harper, Holder and Holman in favor.  (Commissioner Adams was absent during this vote).

 

 

                                                            Leland Maddox, Chairman

 

 

Peggy L. Malcolm, Deputy County Clerk