The Henry County
Board of Commissioners held a Regular Meeting at 9:00 a.m. on Monday, August 2,
2004, in the Community Room,
Leland Maddox, Chairman, presiding
Lee Holman, Vice-Chairman, District V Commissioner
Warren E. Holder, District I Commissioner
Gary M. Freedman, District II Commissioner
Jason T. Harper, District III Commissioner
Gerry Adams, District IV Commissioner
Also attending were Linda Angus, County Manager; Patrick Jaugstetter, County Attorney; LaTonya Wiley, Deputy County Attorney; Susan B. Craig, County Clerk; Peggy Malcolm, Deputy County Clerk; Rob Magnaghi, Deputy County Manager & Public Safety Division Director; Danny Taylor, Economic Development Division Director; Michael Harris, Public Works Division Director; Tommy Smith, Interim Human Resources and Purchasing Director; and others.
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 referencing the final Agenda dated
7/19/04 at 9:16 a.m. and referred to the amendments of the August 2nd
Meeting and asked for them to be placed on the Agenda as Item VII-2-a, b, and
c. Commissioner Freedman stated he
would like to add two items on the Agenda; the first one was on the July 19th
Meeting referring to the Commissioners’ pay issue and to be placed on the
Agenda as VII-2-d. Secondly, he asked to
add, from the July 19th Meeting, the issue regarding a setback and
buffer on the commercial rezoning at
Taylor, Economic Development Division Director, stated the concern on the
commercial rezoning at
Commissioner Freedman read from the July 19th Minutes and stated no one at the time came forward stating an expiration of the time. He said at the meeting, Mr. Olson, the attorney for the opposing group, asked for that issue to be addressed on that date, and it was not addressed at all. He read from the Minutes (page 16 of 29) and said it talks about the buffer variance from forty (40’) to twenty (20’) feet. He quoted Mr. Olson, “we request they would reverse the determination on the buffer variance.” He said this was not addressed at the July 19th Meeting, and since it is still “hanging open,” this should be discussed today.
Chairman Maddox said if the appeal was for the zoning (RA or C-1), and if we are going to hear about the buffer issue, should that not have been appealed in the proper time also?
Mr. Taylor said the time to hear that appeal had passed.
Chairman Maddox asked the Board if they felt this should be heard today.
Commissioner Holman reminded the Chairman they did not have a second on the motion. Chairman Maddox said the Board had not gotten to the point to ask for a second.
Commissioner Harper said even if it is in the time frame, would we not have to give the property owner notice to be here? He said the Chairman has been in contact with them, and he did not want to do anything illegal.
Mr. Taylor repeated the time to hear that appeal had passed.
Chairman Maddox said the issue would not be placed on the Agenda, but offered to meet with all concerned. He said he had talked with the developer and they had come to an agreement as to what would be constructed there. He invited Commissioner Freedman and all interested parties to attend a meeting for discussion purposes.
Commissioner Holman asked if Mr. Gee Harvey had an Agenda item for today’s meeting, noting a court reporter was present at the request of Mr. Harvey. Chairman Maddox said Mr. Harvey did not.
Chairman Maddox said in regard to the Commissioners’ pay raise, he did not have a problem with it coming back before the Board, but he did have a problem with it coming back today.
Ms. Angus, County Manager, stated when the pay plan was prepared and the survey was done of the Metro counties and the relationship between the Board’s pay and the Sheriff’s pay was maintained (and all of the judges were involved), all elected officials were tied to it in formula. The methodology and the formula that was derived and the resulting pay did not come from ‘thin air,’ but was completely backed statistically. She said, with all due respect, it is the same as when she presented it.
Chairman Maddox directed his question to Commissioner Freedman and asked if he would agree for the pay plan item to be placed on the Agenda of the Board’s next meeting.
Commissioner Freedman said the reason he brought it up was because a negative political ad came out of the Maddox Exterminator Shop (Friday before the election) stating Commissioner Freedman voted himself a pay raise. Commissioner Freedman said back in January there was so much consternation about the Commissioners’ salaries he proposed the Board tie it to the State established salary of the Superior Court Judges (excluding supplements) instead of the Sheriff’s salary. He said since this has been made a political issue, the Board could vote any way they want. Commissioner Freedman said he would not allow this issue to die.
Chairman Maddox stated he would have the Deputy County Clerk, Ms. Shay Mathis, place this topic on the next Agenda to be voted on.
Chairman Maddox asked for a second to the motion made by Commissioner Holman to accept the Agenda. Commissioner Holder seconded; the motion carried 4-1-0 with Commissioners Holman, Harper, Holder, and Adams voting in favor and Commissioner Freedman voting against.
Commissioner Freedman made a motion to add one (1) item to the Agenda, in addition to Commissioner Holman’s add-ons, consisting of the Commissioners’ pay raise issue. There was no second to the motion; the motion failed.
MS. MADELINE LARUY, ADMINISTRATOR FOR THE CARING PLACE, INC. REQUESTED TO APPEAR BEFORE THE BOARD TO DISCUSS A PLAN TO PROVIDE SUPPORTIVE HOUSING FOR THE ELDERLY AND THE DISABLED.
Ms. Laruy stated
her purpose in coming before the Board today is to ensure everyone is aware of
the project being developed for
Chairman Maddox asked Ms. Laruy if she had plans or literature that she could share with the Board of Commissioners.
Ms. Laruy said
they have a conceptual plan; this plan is open to a great many changes because
it is very initial. Her present goal is
to secure the funds and ensure they are working with HUD for the objectives to
be met in
Freedman asked if
answered, “no.” She said there are a
group of ladies who have 5 or 6 beds on
Commissioner Freedman said with the closing of the
Baptist Inn on
Ms. Laruy said there is so much funding available through grants and fellowships, and happily this project has gotten the attention of a lot of people in the healthcare community who have the desire to assist with aid regarding fellowships and grants.
Freedman advised Ms. Laruy to contact the ‘Connecting Henry’ group because they
are a great coordinating agency for the many things done in
PUBLIC WORKS DIVISION:
Request Approval of Placing “Children at Play” Signs in Various Locations Within the County.
The Henry County Department of Transportation received requests from County citizens to install “Children at Play” signs at various neighborhood locations. The industry authority on transportation signage, AASHTO, has determined that the signs do not serve as an effective deterrent against speeding motorists. Henry County DOT has in previous years installed these signs, however, in recent years they have refrained from these installations based upon AASHTO’s determination. The Henry County Board of Commissioners has authorized the Henry County Department of Transportation to install “Children at Play” signs at the following locations:
The Vineyards Subdivision (2 signs)
Owen Drive (2 signs)
Commissioner Holman made a motion to approve the requests; Commissioner Harper seconded.
Commissioner Holder asked where does that put us in the position of liability.
Mr. Michael Harris, Public Works Division Manager, questioned whether having a caution for play signs would give the impression we are authorizing children to play in the streets and use it as a playground. He said that might be a ‘stretch,’ but it is an issue of concern. He said the information provided from the MUTCD (Manual Uniform Traffic Control Devices) Book cautioned “Children at Play” signs are not listed in the manual and could cause liability problems with all signs due to noncompliance with MUTCD.
Commissioner Holder stated it is good “PR” in the neighborhoods, but that “PR” could come back and hit hard if a child is hurt or killed.
Commissioner Freedman said the people who speed in subdivisions pay as much attention to the “Children at Play” signs as they do the speed limit signs. He said they obviously do not pay any attention to the speed limit signs or the neighborhoods would not be requesting the “Children at Play” signs. He said the public is warning people there are kids on bikes, etc. Commissioner Freedman said he thought the signs were totally ineffective; no one pays any attention to them, but it makes the citizens feel better.
Commissioner Holman said he agreed with Commissioner Freedman that the citizens do not follow the signs. He said, “I do not see us holding ourselves out to be more liable for litigation because the signs says, ‘Children at Play.’ I do not interpret that as an endorsement for a playground on a road.”
Commissioner Adams said if a child gets hurt or worse in an accident, and a parent has asked us to put “Children at Play” signs there and we have not, we can look at it from that viewpoint also.
Commissioner Adams ‘called the question.’ Commissioner Holman seconded.
Holder asked the
Commissioner Adams withdrew his ‘called the question.’ Commissioner Holman withdrew his second.
Mr. Jaugstetter said he did not know if there was any more or less liability in posting these signs. If the sign was the cause of someone’s injury, then there is potential liability. The fact that it does or does not comply with the AASHTO manual does not lead to any greater liability one way or the other.
Commissioner Adams ‘called the question;’ Commissioner Holman seconded. The motion carried 5-0-0 with Commissioners Adams, Holman, Holder, Freedman, and Harper voting in favor.
The motion to approve the resolution to install the signs carried 5-0-0 with Commissioners Adams, Holman, Holder, Freedman, and Harper voting in favor.
Emergency SPLOST Matters.
Chairman Maddox removed this item from the Agenda.
ECONOMIC DEVELOPMENT DIVISION:
A Resolution Pertaining to an Implementation Plan Recommended by Zucker Services for the Planning and Development Division.
The Henry County Board of Commissioners engaged Zucker Systems of San Diego, California to prepare a study with recommendations to improve customer service and improve the workings of processes of the Division. Zucker Systems has provided a second draft dated June, 2004 listing 140 recommendations. The Henry County Board of Commissioners hereby directs the Planning and Development Division Director and relevant department heads to review the study and agree on an implementation plan and proceed within thirty (30) days of this date.
Commissioner Holman made a motion to approve the resolution with the following language amendment: Strike “and proceed” in the last line. Commissioner Harper seconded.
Commissioner Holman said this allows them to study the plan, but money cannot be spent until the Board sees what the proposal is. He said the way it is written now, they can expend the General Fund.
Commissioner Freedman asked if he was willing to add that wording to his motion.
Commissioner Holman amended his motion to include the wording and Commissioner Harper amended his second.
Commissioner Freedman said it will then read, “on an implementation plan to present recommendations to the Board of Commissioners within thirty (30) days of this date.” The motion carried 5-0-0 with Commissioners Harper, Holman, Freedman, Holder, and Adams voting in favor.
ADMINISTRATION AND FINANCE DIVISION:
Request Approval of a Bid for Pine Straw and Wheat Straw on a Renewable Contract Basis.
Sealed bids were solicited for the purchase of Pine and Wheat Straw Bales for various departments, and four (4) vendors submitted bids for the commodities. Funds are budgeted in the various departments for these commodities. Buckwheat’s Straw Hut’s bid met specifications, and recommendation has been made to award as a unit/price contract with no fixed quantities. Prices shall remain fixed for the contract period, and materials will be ordered as required and approved.
Commissioner Holman made a motion to approve the resolution; Commissioner Harper seconded. The motion carried 4-0-0 with Commissioners Holman, Harper, Adams, and Freedman voting in favor (Commissioner Holder had left the room; did not cast a vote.).
Request Approval of a Bid for Computer Hardware Maintenance for the Information Systems Department.
Sealed bids were solicited to provide computer hardware maintenance for the Information Systems Department on a renewable contract basis. Four (4) vendors submitted bids for this purchase, and funds are available in the budget of the Information Services Department for these services. TFE Technology’s bid met bid specifications and was recommended by departmental personnel. Recommendation has been made to award as a unit/price contract with no fixed amount. Prices will remain firm for the contract period, and similar items may be added and obsolete items may be deleted during the contract period.
Commissioner Holman made a motion to approve the resolution; Commissioner Harper seconded.
Commissioner Freedman asked what the total cost or cost limits would be.
Mr. Larry Hutson, Information Services Director, stated this is an annual renewal for the maintenance of the hardware associated with 911 and line printers. It is a budget item and is 50% of what it was last year. He said the total annual cost would be $7,620.00.
The motion carried 5-0-0 with Commissioners Freedman, Holman, Harper, Adams and Holder voting in favor.
Request Approval of a Bid for a Contract for Fire Protection System Services on a Renewable Contract Basis.
Sealed bids were solicited to contract for Fire Protection System Services on a renewable contract basis. This contract will be available to the various departments for these services. Three (3) vendors submitted bids that met the required specifications for this contract, and funds are budgeted within the various departments for these services. Certified Fire Protection’s bid met bid specifications, and recommendation has been made to award as a unit/price contract with no fixed quantities. Prices shall remain fixed for the contract period, and services will be ordered as required and approved.
Commissioner Holman made the motion to approve the resolution; Commissioner Harper seconded.
Commissioner Freedman said in looking through the scope specifications, it discusses maintenance inspections and inspecting fire extinguishers. He asked why the Fire Department does perform the inspections.
Mr. Tommy Smith, Human Resources and Purchasing Interim Director, said he could not answer that.
Mr. Rob Magnaghi, Deputy County Manager & Public Safety Division Director, stated the Fire Department could, but it is a matter of prudence and would be well to have a third party to perform the inspection. He said as far as certification, it would be better to have someone who is not part of the organization to do that. “If you should ever have a glitch and one of them malfunctioned for some reason, and we were the ones who had performed the inspection, I think that would create some significant questions.”
Commissioner Freedman replied he thought this was not necessary when the County has firemen who have the knowledge and capability to perform this service, and the County is paying out $11,000 to a company to carry out these services.
Commissioner Adams stated he agreed with Mr. Magnaghi, and he thought this was a small amount of money to have to pay out.
Mr. Magnaghi said this was an item submitted by the Maintenance Department, not by the Fire Department. He said he had reviewed the Executive Summary and the Resolution and he felt they were not very clear; therefore, he recommended tabling this item so that he could meet with Chief Barry Jenkins and find out if this is a reasonable approach by allowing other agencies to perform these functions and discuss shifting liability.
Commissioner Holman withdrew his motion to allow this issue to be tabled; Commissioner Harper withdrew his second.
Commissioner Holman made the motion to table the contract for Fire Protection System Services to allow staff to present another proposal to the Board; Commissioner Freedman seconded. The motion carried 5-0-0 with Commissioners Holman, Freedman, Holder, Adams and Harper voting in favor.
AGENDA AMENDMENTS / EMERGENCY AGENDA ITEMS:
Request Approval of a Budget Amendment to Cover Reallocation of Funds for Improvements to Correct Drainage Problems at Richard Craig/South Cedar Park.
The City of
Commissioner Holder moved to approve the resolution with the notation that the money will go back to Windy Hill once it is available; Commissioner Holman seconded. The motion carried 5-0-0 with Commissioners Holder, Holman, Harper, Freedman and Adams voting in favor.
Mr. Michael Harris stated back in January, the Board voted to approve this work being done; however, it was never designated. He said the SPLOST staff had another resolution to designate the project (would not change the bottom line number).
Commissioner Holman moved this, as an accounting measure, pertaining to the budget designation to cover the reallocation of funds for improvement to correct drainage problems at the Richard Craig/South Cedar Park; Commissioner Holder seconded. The motion carried 5-0-0 with Commissioners Holman, Holder, Freedman, Harper and Adams voting in favor.
Request Approval to Modify the Current District V DOT Priority List by Reallocating Project Funds to the Austin Road at Fairview Road Intersection Project.
The repair of the culvert under Airline Road is
currently a designated project on the DOT District V priority list, and Henry
County DOT staff has reassessed the scope of work required to repair the
culvert under Airline Road and has determined that the actual cost for this
project should not exceed $47,000. The
District V Commissioner desires to reallocate $28,000 from the
Commissioner Holman made the motion to approve the resolution; Commissioner Harper seconded.
Commissioner Freedman asked if the Board had
Commissioner Harper said they had been accumulating the money, but it had not been authorized.
Commissioner Freedman replied, “so we are entering into an unapproved project.”
Mr. Harris said the project had been designated by the DOT District priority list, but had not been set on schedule yet since staff is still in the process of accumulating and acquiring the property.
Commissioner Freedman asked how much money is available for the project.
Mr. Harris said the District V Commissioner has set aside $525,000; this is not a new allocation of money, but simply a shifting from one project to another.
The motion carried 5-0-0 with Commissioners Holman, Harper, Adams, Holder and Freedman voting in favor.
Commissioner Adams asked Mr. Harris if the annualized paving contract had lapsed.
Mr. Harris said it expired in July.
Commissioner Adams inquired if the Board needed to authorize it going out for bid.
Ms. Angus said there is no need for a contract if there is no money to do anything with. She said at the next meeting she wanted to readdress the entire unallocated $7 million if the Board would allow her to do so. She felt certain the Board was going to allocate some monies to transportation, at which point we will have another annual contract.
Commissioner Freedman stated at the last meeting
the Board decided to discuss the issue of the two (2) large patching crews, two
(2) pothole crews, and a chip seal crew.
This has not been added to the Agenda, and the
Ms. Angus said the information was on her desk, but what she was hoping to do was to move to a ‘calmer period of time’ when the Board could readdress the whole $7 million again objectively.
Minutes for Approval.
a. a. June 30, 2004 (Called Meeting)
b. b. July 12, 2004 (Called Meeting)
c. c. July 19, 2004 (Regular Meeting)
Commissioner Holman made the motion to approve the aforementioned Minutes; Commissioner Adams seconded.
Commissioner Freedman said he had one change on the July 19th Minutes on page 18; remove the word, “eluded,” and insert the word, “alluded.”
Commissioner Holder said when the Board votes on this, he would like to vote on (a) and (c) only because he was not present on July 12th.
Chairman Maddox asked for the vote on (a) and (c) only; the motion carried 5-0-0 with Commissioners Holder, Holman, Freedman, Adams, and Harper voting in favor.
Chairman Maddox asked for the vote on (b); the
motion carried 4-0-1 with Commissioners Holman, Harper, Freedman, and
There were no public comments.
Commissioner Holman said the press had brought to his attention they do not have a press box. He asked the record to reflect we have moved the press box to our staff box at Commissioner Holder’s request.
Commissioner Holder asked the Board to consider placing a table in front of the staff box where Planning and Zoning Department items, maps and books could be placed. He suggested raising the platform where the staff box is located so that a lower level could be constructed for P&Z staff. He said it looks bad for the DOT, P&Z or anybody who has major concerns and issues before the Board to not have a place to put their material. Secondly, he commented on House Bill 489. “Like it or don’t like it, we are going to have to sit down as a Board (as a negotiating team) during this political campaign to improve relationships with cities and other governmental agencies. At this point, we have no agreement; it has expired. It will affect any agreements, grants or applications that the Board could have for the County and also for each city. We have to sit down and come to some sort of an agreement with House Bill 489.”
Chairman Maddox asked the
Commissioner Holder directed his question to the
Mr. Jaugstetter stated in the absence of litigation over the terms of that agreement, we cannot discuss this anywhere other than Public Session.
Commissioner Holman said he did not agree the Board should get in “little groups” to discuss a contract; that is what House Bill 489 is….a contract. The Board should be a part of the negotiating of a contract. He asked when the cities did their negotiations, did they do it in the view of the public?
Mr. Jaugstetter said he had no idea.
Commissioner Holman said the Board needed to go into Executive Session and work out a contract.
Mr. Jaugstetter suggested each Commissioner should give him their specific concerns and then an Agenda can be created to address all of the concerns at a scheduled meeting.
Commissioner Freedman’s recommendation was to handle this in public, and if the Board has concerns that will offend individuals, so be it. He thought a ‘round table’ meeting should be scheduled soon.
Chairman Maddox said he would meet with Patrick
Jaugstetter, Tommy Smith, and Linda Angus to discuss a way for the
Commissioners to direct their concerns to the
8/10/04 (Tuesday) - Primary Election Run-Off
8/16/04 (Monday) - 9:00 a.m. Regular BOC Meeting
8/17/04 (Tuesday) - 6:30 p.m. Regular BOC Meeting
9/06/04 (Monday) - LABOR DAY
9/07/04 (Tuesday) - 9:00 a.m. Regular BOC Meeting
Commissioner Holder moved to adjourn into Executive
Session, in accordance with the provisions of O.C.G.A. 50-14-3, and other
applicable laws, and pursuant to advice by Patrick Jaugstetter, the
Commissioner Harper made a motion to reconvene into Public Session; Commissioner Adams seconded; the motion carried 4-0-0 with Commissioners Harper, Adams, Holman and Holder voting in favor (Commissioner Freedman was not present for the vote.).
Commissioner Holman made a motion to authorize the Chairman to sign the affidavit of the Executive Session; Commissioner Harper seconded; the motion carried 4-0-0 with Commissioners Holman, Harper, Holder and Adams voting in favor (Commissioner Freedman was not present for the vote.).
Commissioner Holman made a motion to adjourn at 11:15 a.m.; Commissioner Harper seconded; the motion carried 4-0-0 with Commissioners Holman, Harper, Holder and Adams voting in favor (Commissioner Freedman was not present for the vote.).
Leland Maddox, Chairman
Peggy L. Malcolm, Deputy County Clerk