COUNTY OF HENRY               



The Henry County Board of Commissioners held a meeting at 9:00 A.M., on Monday, March 1, 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; Susan B. Craig, County Clerk; Patrick Jaugstetter, County Attorney; Shay Mathis, Deputy County Clerk; Danny Taylor, Economic Development Division Director; Michael Harris, Public Works Division Director; Angie Bailey, Executive Assistant to the County Manager; and others.


Chairman Maddox called the meeting to order and asked for an Acceptance of the Agenda. 


Commissioner Holman said at each of the Commissioner’s bench, there are two (2) amendments to the Agenda.  The first is the “Citizens to Address the Board Concerning the Veterans Wall at Heritage Park,” (mark it as Item III.B).   Secondly, there is a resolution to expend money for a Veteran’s Wall, (mark it as Item III.C).    Also there is another issue regarding Heritage Park referencing a platform, and it should be placed under the Board of Commissioners’ VIII.B.  The Chairman asked Commissioner Holman to remove VIII.B. which is the Hospital Nominations and VIII.C. regarding the Courthouse Expansions.   Commissioner Holman made a motion to accept the amended Agenda; Commissioner Harper seconded.


Commissioner Freedman asked why the Hospital Nominations were being removed.


Chairman Maddox stated some of the Board Members had not submitted the names to him as their nominations to be presented to the Hospital.   He said he would put a deadline on this and will send the nominations either today or tomorrow. 


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


Presentation regarding Water District and its Model Stormwater Management Ordinance.


Mr. Rick Brownlow, Principal Planner with the Atlanta Regional Commission, said, “I am here today to talk about the Watershed Plan and our ordinances.   I would like to start off with stormwater challenges, a brief overview of the water planning district, and then dig into the details of the Watershed Management Plan and Model Stormwater Ordinances.” 


“Clearing and grading reduces the vegetation and top soil.  Soil compaction and impervious surfaces prevent infiltration which is a fancy word for saying when it rains, it soaks into the ground if there is grass, but if there is pavement it does not.   Drainage systems speed up the run off and new land cover concentrates and collects these pollutants.  What are these pollutants and what are the real problems?  They are things like sediment, bacteria, thermal pollution, oil and grease, metals, trash and debris, and all of these cause stormwater problems.  The impacts on our communities cause flooding, damage to property, impairs water supplies and loss of our recreation opportunities.  So, if you combine all of these stormwater challenges, it brings up the need to look at stormwater in a comprehensive manner.  Our traditional methods of drainage and flood control design are not sufficient.  The new focus is moving toward protection of water follies, stream banks and habitat, and future growth is going to add to the problems.”


“There are a lot of regulatory requirements, and our plan and ordinances work hard to deal with those.  The County is working on NPDES Phase II permit, and you have to do watershed assessments for your waste water plants, DMVL’s and downstream lakes.  All these things and needs led to the creation of the District.  It was created back in 2001 and Chairman Maddox served on the District Board for the first two (2) years.  Mayor Lindsey from Locust Grove is presently the Henry County representative on board.  It encompasses sixteen (16) counties with 4,000,000 people in the District which is roughly half the population of the State.”


“In the Planning District we have prepared five (5) different planning documents.  The two I would like to talk about today are the ordinances and the Watershed Plan.  The District does not handle enforcement or implementation.  All the implementation really happens right here at the local level and the State of Georgia’s Environmental Protection Division is the entity charged with the implementation of the District’s plans.”


The objectives of the Watershed Management Plan are as follows:


·        Help to meet water quality goals in the District.

·        Assist local governments in meeting state and federal regulatory requirements.

·        Provide a management approach that could be applied consistently across the entire District.

·        Provide education and public awareness on watershed protection and stormwater management.


Next are the Watershed Management Strategies:


·        Local Government Stormwater Management Programs – base level of stormwater management and watershed protection implemented by local government.

·        TMDL Strategies – additional management measures to address TMDL requirements for impaired waters.

·        Source Water Protection Strategies – additional management measures to protect drinking water supply watersheds.

·        Watershed Improvement Strategies – measures to improve substantially impacted watersheds by implementing retrofit and restoration activities.”


“Referencing Henry County, you do not have to do a lot of Watershed Improvement Strategies yet.  Henry County does not have some of the challenges like urban areas of Fulton and DeKalb counties.  The District was required to develop a set of model ordinances and we adopted six (6) different models from water ordinances:


·        Post-Development Stormwater Runoff – an ordinance to change the development review process to include stormwater quality and to make sure the stormwater that is generated from a site, once it is finished and completed, helps to mimic those pre-development conditions. 

·        Floodplain Management – a model floodplain or flood damage prevention ordinance.  It pertains to future floodplains to ensure against floodplain expansion.  The Future Land Use Plan and detailed mapping is used to determine not what the floodplain is today, but what the floodplain is going to be in 5 to 10 years.  As development occurs upstream, the floodplains downstream are going to rise and this can be used to regulate and keep citizens out of the future floodplain, so they are not building today and places will be under water tomorrow.

·        Conservation Subdivision – a permissive ordinance outlining the process where you can set things up where you have conservation subdivision.  The basic idea is taking the existing sites and whatever the amount of houses to be developed on a 100 acre parcel, for example, you are allowed to cluster those on 60% of the site provided the balance of the other 40% is permanently protected.   This ordinance is not applicable in all residential zones and jurisdictions in the district.  Each local government should tailor this ordinance to the unique conditions because it needs different levels of infrastructure in terms of waste water treatment to allow those added densities on the 60% portion of the parcel.   

·        Illicit Discharge / Illegal Connection – is a non-stormwater discharge in terms of someone from a restaurant running a pipe that should be going to the sanitary sewer instead connecting to the storm sewer.  The storm sewer connections are discharged directly to streams, and this ordinance is designed to prohibit those illicit discharges, such as carpet cleaning trucks who clean and dump their waste water in the storm sewer which heads directly to streams. 

·        Litter Control – is similar to a stream clean-up where litter, Styrofoam, and things of that nature that end up in our streams.  Existing State law already allows local governments to enforce litter violations

·        Model Stream Buffer Protection – Buffers protect stream water quality and preserve aquatic and riparian habitat.  It addresses grandfathered projects and exemptions to specific types of projects.  The basic ordinance amount is fifty (50’) feet horizonal from the top of bank; mill land disturbance is fifty (50’) feet and there are additional twenty-five (25’) setbacks where there is some type of activity allowed.”


“By law local governments are required to implement the provisions of the District Plans that apply to them.  Georgia EPD is in charge of enforcement; they are statutorily required to enforce these plans through the permit process.  EPD has an additional tool that allows them to freeze State grants and loans for local governments that fail to adopt the ordinance.  You are not required to adopt the District ordinances exactly as written.  Local governments are expected to modify the ordinances to fit their local conditions.”


“What’s the time table?  The first five model ordinances are going to be required to be adopted by the Phase I communities, which are the urban core of Clayton, Fulton, DeKalb Counties by April, or next month.  The Phase II communities, which includes Henry County, have until April 2005, so you have a little over a year to do the study, work on these ordinance, and get them in place.  On the stream buffer ordinance, all communities have until 2005.  I have covered a lot of material in a rapid fire fashion.”


Commissioner Freedman stated he keyed in real early after the slide presentation about monies, noting this is a “massively expensive project.”  He noted one of the slides said “grants and loans are available for stormwater projects.  Are monies available?”  Mr. Brownlow said “there are some funds through GEFA, the Georgia Environmental Facilities Authority.  Traditionally GEFA really has focused in on pipes and plumbing in terms of your water and wastewater infrastructure, but they do have some additional stormwater related grants and projects and funding that is available through GEFA.”


Commissioner Freedman said “my next question is, you mentioned model ordinances.  I keyed in on your model conservation subdivision open space ordinance.  You also talked about illicit discharge, litter control and other things.  Are those model ordinances already prepared by ARC or by the District?”  Mr. Brownlow answered, “correct, it’s those ordinances that have all been prepared.  I left the office Friday afternoon without bringing extra copies of them.  Commissioner Holman actually came to our training.  I can get copies.  We have a bound book and we also have electronic copies of all these ordinances available on our web as well as CDs and I’ll be glad to get you these materials.”  Commissioner Freedman said he would like to get a copy of the bound book.


Commissioner Freedman asked Mr. Taylor if the County has a copy of the conservation ordinance model they prepared.  Ms. Angus stated she does have these model ordinances, and “we have scheduled 60 days out from today to adopt them.  We’re trying to work with the Water and Sewerage Authority to have those in place before their next permit application goes in.”  Commissioner Freedman said he will get a copy from Ms. Angus.


Commissioner Freedman asked “does the District itself provide access to monies?”  Mr. Brownlow said “yes, the District has been working actually.  Let me clarify.  Local governments provide about two-thirds of funding for the District.  So really, the County Commission has actually provided the Water Authority, which has some involvement with actually funding the District’s operations and developing the plans.  In addition to that, some of the communities and the District have pooled some additional funds and the District has had some ongoing efforts in Washington to lobby for some Federal funds for water and wastewater infrastructure projects.  To date we have only secured about $2.7 million in Federal funds for projects and the District basically has added about $200,000, I think, to that effort and that really happened separate and apart from the District’s actual planning activities.  We really expect now that we are kind of in the pipeline in Washington, D.C. to be able to expand those efforts and continue those lobbying efforts and it seems like once you get started going down that road, it’s a lot easier to continue to get those funds on an annual basis, but getting started is the hard part.”


Commissioner Freedman said, “I would ask, have we asked District to help us with trying to get any Federal funding out of that?”  Ms. Angus answered affirmatively and stated Rob Magnaghi and Tom Couch are in Washington today and tomorrow lobbying for our regional concept, but beyond that we have hired a grant writer.  Ms. Angus introduced Mr. Jim Luebbering, new Stormwater Manager.  She said the County has submitted and helped to pay for the NOI to be processed with the Water and Sewerage Authority.  She said we shared in that expense. 


Commissioner Freedman asked who is running Clayton County’s stormwater management program.  Mr. Brownlow said Mr. Mike Hollis is one of the staff members at the Clayton County Water Authority who has a lead role in this program.  Commissioner Freedman asked whether any other counties are using the regional approach.  Mr. Brownlow said “the regional approach, I think you are the first ones that actually adopted and took action on it with Newton, Rockdale and Walton Counties.  That is the first we have heard of that we’ve seen take this approach and we are very interested in keeping close tabs.  We are very supportive of the whole concept.  Obviously the details of working out the organization and structure and responsibilities are pending, but we think it’s a great approach because downstream lakes is one of the big concerns and obviously four counties, as well as portions of DeKalb and Gwinnett really down to Jackson Lake are a common resource.”


Commissioner Holman stated “it pleases me greatly that we are on top as a County on adopting these ordinances.  They’ll be folded in, I guess, with our Land Use and Unified Code.  I’m extremely pleased and I’m sure that other people that feel about the environment the way I do, that we have a 75 foot stream buffer on the horizon.  Currently I believe that our Code is 50.  Anyway, this is 75 feet from both sides.  This is pretty significant.  The other, I just remind the Chairman, that now that we have Mr. Luebbering on board, that soon we should be having a joint Board of Commissioners/Water Authority meeting so that we can discuss our responsibilities for stormwater management.”


Chairman Maddox said “Mr. Luebbering would be in Washington this morning, but today’s his first day and we certainly wanted to get his feet on the ground before we sent him off to Washington.  We have two strong leaders up there that are actually lobbying for some money for stormwater management now.  In fact, I believe all of the four counties in the district, as you are talking about, are there this morning together, hopefully to see this is a good program for the four counties to come together whereas it would not cost each county as much as it would.”


Citizens to Address the Board Concerning Veterans Wall at Heritage Park.


Mr. Fred Chitwood, Regional Director for U.S. Congressman Mac Collins, asked to speak:


“First I would like to say I am here for Fred Chitwood and not for Mac Collins.  The Veterans Memorial is of interest to me personally, and in the audience today is Ms. Joanne Mulvaney who is a Navy veteran and a member of the Disabled American Veterans and the American Legion.”  Mr. Chitwood read a statement written by Ms. Mulvaney regarding the Memorial:


‘Let me begin by stating that without the sacrifices made by current armed forces and our veterans, we would not be standing here today with the many freedoms that some of us have taken for granted, nor would the Press be here to freely report our meeting if it was not for the sacrifices of our veterans.  My father, a World War II veteran who was recently diagnosed with brain cancer, served in the Army from 1941 to 1945.  My father has become a victim of those who forget the sacrifices of those in uniform after the immediate threat is gone, after the peace is restored and after we are able to go about our daily lives.  Thanks to the sacrifices of those same men and women.  We owe absolutely unequivocally everything we have today to the sacrifices of our men and women of the Armed Services who have in wars past given their lives that the American way of life can continue and we may live in prosperity, without fear of oppression.  Veterans should never be treated like a dishrag where once you are through with them, you just throw them away.  I would like to ensure that my father goes to his grave knowing that Henry County, Georgia appreciates the veterans and will honor them with a memorial that will last long enough that his great, great, grandchildren will know of the great deeds performed by all branches of Armed Services in all of our conflicts.  Over the past eight months, I have been working on a Veterans Wall of Honor that will honor all veterans, peace time and war time veterans alike.  The Veterans Wall of Honor will honor and pay tribute to every single veteran of our Armed Forces, as well as salute our current Armed Forces for a job well done.  Please join me in supporting and recognizing our Armed Forces and our veterans by assisting me in any way you can to make the Veterans Wall of Honor a reality.  May God bless the men and women of uniform who put it on the line to protect America and its many freedoms.  May God help every American who callously takes for granted the freedoms they enjoy without giving thanks to God Almighty and to our United States military men and women who have made it all possible.  We must take care of our veterans and recognize them for who they are, what they stand for, and what they have sacrificed for all of us and let us all remember freedom is not free.’


        Joanne Consolvo Mulvaney”


Mr. Chitwood stated he wholeheartedly endorsed Ms. Mulvaney’s statement and comments.  He said he is a veteran of 20 years in uniform and 2 years in Viet Nam.  “From the Revolutionary War until the end of the Viet Nam War, over 1,286,000 Americans have died in conflict, and many more who have been wounded, maimed and have come home never to lead the same life before wartime.”


Mr. Todd Ernst with Innobo Architecture & Design, Inc. asked to speak.   “I was put in touch with Joanne Mulvaney to design the wall for the Veterans Memorial.    There are two purposes for the Wall; one is remembrance and the other is education.   In regard to remembrance, The Wall and its plaza give tribute to those who have given much for their country; all have given some, some have given all.  The Wall of Honor will be built for all veterans to commemorate their bravery as well as their willingness.  Whether or not by choice, those who serve their country enter into duty knowing that their abilities may one day be called into action and that their life might one day be sacrificed for the sake of many.  It shall honor their service.  In peace or in war, they devote themselves to securing our freedom.  In regard to education, let us not forget our past, lest we compromise our future.  Spaces and structures built for remembrance can also be powerful learning tools.  Spaces and structures built for remembrance can also be powerful learning tools.  It is proposed to be set in Heritage Park.  The Veterans Wall can be used as a classroom away from the classroom.  Along with the Heritage Museum and the buildings at Heritage Village, the Wall can serve to educate about Henry County, Georgia and the United States.  In addition, public ceremonies and observances of national holidays can be held in the plaza of the Wall.”


“As for the appearance of the Wall, we have two (2) main components; flags and images.  The stairs leading from the path will raise the viewer up to the main level.  From the top of the stairs, a broad sidewalk will be flanked by six pairs of flags.  One pair will stand for each branch of the military: Army, Navy, Air Force, Marines, Coast Guard and National Guard.  The sidewalk procession will open on the plaza.  A broad arc of fifty state flags will stretch behind the Wall, further exemplifying both the diversity, and the unity, of veterans and their service.  Granite facing will be the backdrop of the Wall.  It is fitting that the permanence of granite bears the gravity of the images.  Images of battleships, agonized faces, scenes of victory and rows of headstones will be laser-etched in stone or depicted in bronze plaques and set in the face of the Wall.  Some of the quotes we are proposing to go on the Wall are from the ‘Tomb of the Unknown Soldier,’ the ‘Scene of Iwogema,’ and ‘Arlington National Cemetery.’   We would like to have in the center a statue of some sort, but as it stands now, we have the United States flag.”


“For this Memorial, we need participation.  Many veterans, some associated with veterans’ groups, are stepping forward with intent to contribute, either through monetary means or by volunteering services.   We are urging members of the community who feel so moved by loyalty, patriotism, gratitude and respect to rise to this effort as well.  Donations of labor, materials, time and funds are so helpful in the construction of this Veterans Wall of Honor.”


Commissioner Freedman said this was a marvelous idea.  He said we have a military memorial park already.  Commissioner Freedman showed slides of the military memorial trail with the U. S. Army Forces Command Honor Guard.   He said we are doing memorial bricks for everybody in the Armed Services, and any family member can buy a brick to put in the park on the walking trail. 


Chairman Maddox recognized several veterans present in the audience, and asked if any would like to speak. 


Mr. Jim Risher said, “I am a veteran of Henry County, but also a U. S. Navy veteran.  My family and I are members of the Dayton Air Force Association.  You might have heard of the ‘Mighty Eight’ which was by far the largest air model during the bombing of Europe of World War II.  My father was a veteran of that organization; we are members of what is called the ‘401st Bomb Group Association’ and the Berlin Airlift Association.   I personally support this Memorial, and I think there is room for other sites in Henry County.  I urge the Commissioners to do everything you can to financially support it.”


Mr. Mike Starnes, Reconnect Chairman for the State of Georgia and the American Legion, said “it was brought to my attention the land had already been approved.  I understood this would be a nice upgrade and something we could all be proud of in Henry County.  I certainly think this is a nice presentation, and I do not know how we could do more for our veterans.  In the past year, I have been honored to give fourteen (14) speeches to the men and women who are going over.  I finally got to say ‘welcome home’ to my first group the other day and it was a pleasure.  Working with these men and women who are defending America in arms way and to look at their faces when they go over, is worth everything we can do for these young men and women.  I looked very much the same way when in 1964 I went to Viet Nam.  We should do everything we can to show these young men and women where they stand in our eyes as veterans, as their community and as their fellow citizens.”


Ms. Joanne Mulvaney said, “I have worked on this Wall for the past year; it started when my World War II veteran father became a victim of the denial from the VA to be taken care of.  My husband is a Desert Storm Vet; he served sixteen (16) years in the Army.  I am a U. S. Navy veteran and served four (4) years during peace time.  But I think all veterans should be recognized because when you sign on the dotted line to go into the Armed Forces, when war gets called, you have got to go.  This Wall will recognize peace time and war time veterans alike.  This is a Wall to honor all veterans (living and dead) and to give thanks to our Armed Forces.  This is a Wall like no other that I have found; it will have famous quotes from Presidents from Abe Lincoln to Ronald Reagan to John F. Kennedy and will include famous poems.   It is a moving Wall where you move from left to right as you go through the battle scenes from each different war.  The last scene will be Arlington Cemetery with the hundreds of thousand tombstones lined up with a poem displayed that I cannot read today without crying.  I hope you will approve this, and I will do all I can (blood, sweat and tears) to raise money to honor not only my father but every single man and woman who have served.”


Mr. Mac McCarley said, “he has been living in Georgia since February, 1994 and served in the U. S. Navy in 1943 where his Country sent him to the South Pacific.  I support this 100%, but I probably will not live to see the completion because I am 76 years old and also 100% service connected from nuclear radiation. It is something to be proud of to be a veteran of this Country, and due to the way veterans are treated, we need to get behind Congress to take care of the veterans of this Nation.”


Commissioner Harper thanked Ms. Mulvaney for this idea that she had been working on.  “She donated office space for those working on the project for meetings, and all the veteran groups have gotten involved.  The land they depicted is a grassy knoll that is on a slope, and it could not be a more perfect location.  The exterior of the museum is completely done and this is going to be a place where school children in Henry County can see the village and history of their County and by merely crossing over the creek on the trail will bring them to this Wall.”


Commissioner Harper stated, “this is going to consolidate Items III.B. and III.C. on the Agenda.  This motion will do two (2) things; 1) designate the grassy knoll seen on the overhead as the location in placing this Wall and 2) authorize funds which are already in the Heritage Park budget to be used for design of this.  At minimum, that should be Henry County’s contribution, because they have to have this Wall designed to know what they need to put there in order to get contributions from groups who want to write a check and if anyone wants to donate services.  They cannot go any further at this point without help of this Board.”


Commissioner Harper made the following motion for designating space for a Veterans Memorial Wall and for approval of design services for said wall.


WHEREAS, the Henry County Board of Commissioners has received a request for designation of land space at Heritage Park for a Veterans Wall; and


WHEREAS, private funds will be used to construct said wall; and


WHEREAS, the Henry County Board of Commissioners feels this is a worthwhile project to honor our veterans.


NOW, THEREFORE, BE IT RESOLVED BY THE HENRY COUNTY BOARD OF COMMISSIONERS that space is hereby designated at Heritage Park for the construction of a Veterans Wall and that design services by Innobo Architecture and Design are hereby approved in an amount not to exceed $9,375.


Said funds shall be taken from monies already appropriate for Heritage Park.


This 1st day of March, 2004.   


Commissioner Holman seconded. 


Commissioner Freedman asked what money is being used.


Commissioner Harper said we have approximately $200,000 that has been allocated to Heritage that has been unencumbered for park improvement.  Phase I of SPLOST, for whatever portion of that is SPLOST, encompassed creation of a Heritage Village and Town to commemorate the history of Henry County.  “I think it will be alright to use SPLOST I funds.”


Commissioner Freedman said, “if the attorney says SPLOST money cannot be used, we need to take this out of the General Fund.  This is an important issue.”


Commissioner Harper said he would amend the motion to say if the money is not able to come from the $200,000 that is unallocated, that it comes from the General Fund.  Commissioner Holman amended his second. 


Commissioner Holder said we cannot honor the veterans enough.   “In 1996 when SPLOST was passed, there was a library included for Locust Grove.  Many of us know the funds were taken away from the State and that did not happen.  But in SPLOST II there is a library to be built in Locust Grove.  Part of the library complex is going to be a veterans memorial.  So if some people would like to contribute some input into the design of that particular facility, please let me know and I will put you in touch with the architect.  It is my opinion the library to be built will be named the Veterans Memorial Library.”


The motion carried 6-0-0 with Chairman Maddox, Commissioners Holman, Freedman, Holder, Harper and Adams voting in favor.


Ms. Angus, County Manager, stated, “if it comes out of the General Fund, I would like to put it in new year budget and remember about options of other things to start.”


Commissioner Harper said, “at the beginning of 2003 when you arrived we tried to close out SPLOST I and each Commissioner allocated money.  I moved a portion of that into the Heritage Park budget, which is SPLOST I, and from what the SPLOST staff told me last week that money allocated to Heritage is still there and we have not encumbered each piece of it; it still should be sitting there.  They gave me a balance of $200,000 remaining to complete that Park.” 


Public Safety Division: 


A request for approval of a bid pertaining to the purchase of Food Service for the County Jail.


Sealed bids were solicited for the purchase of a Food Service Contract for the Henry County Jail, and five (5) vendors submitted bids for this purchase.  The funds are available in the budget of the Sheriff’s Department to complete this purchase.  ABL Management, Inc.’s bid for the estimated annual amount of $418,344.75 meets bid specifications, and the award is recommended by the Sheriff’s Department.


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


Commissioner Adams pointed out Aramark Correctional Services was cheaper than ABL Management and asked for comment.


Mr. Glynn Purser of the Purchasing Department said ABL Management was the second lowest bid, and the Sheriff’s Department did some calling around checking out references.  Basically it was determined the low vendor cannot supply the services required by the Sheriff’s Department, and ABL Management can adequately furnish those services.  Mr. Purser stated we would not want to go into a contract on the front end knowing a vendor has had problems in other counties.  He also stated Aramark did not have a good reputation in the counties we checked. 


Ms. Angus stated, “this was not really supposed to be bid, but an RFP was requested at the Purchasing Office; they instead sent out a bid in error.  Yet our bid documents do allow us to qualify bidders, and someone’s reputation or service history would be a qualification.”


Chairman Maddox said, “on the contract you do have for the lowest and the best.”


Ms. Angus said the per meal cost for the industry is closer to a dollar per meal, so the price is good, and if the service is not, then we can deal with that. 


The motion to approve the resolution pertaining to the purchase of food service for the County Jail carried 5-0-0 with Commissioners Holman, Adams, Harper, Holder and Freedman voting in favor.


A request for approval of a Memorandum of Understanding between the Henry County Fire Department and the Georgia Forestry Commission to provide the closest possible cooperation on mutual objectives and to clarify the purpose and responsibilities of each organization.  


The Henry County Fire Department is responsible for controlling all fires in all unincorporated Henry County and the cities of Locust Grove, Hampton, and Stockbridge.  The Georgia Forestry Commission is responsible for controlling all wildland fire within the State of Georgia.  The objectives of the two mentioned organizations are to minimize loss of life and property as a result of uncontrolled fires.  Thus, these organizations have arrived at a Memorandum of Understanding (MOU) for the primary purposes of providing for the closest possible cooperation on mutual objectives, and to clarify the purpose and responsibilities of each organization.


Commissioner Holder made a motion to approve the resolution pertaining to the Memorandum of Understanding between the Henry County Fire Department and the Georgia Forestry Commission; Commissioner Adams seconded.


Commissioner Freedman said the RCD Council provided money for the Dry Hydrant Program, which is really an important part.  He informed the Board that we do have money from the RCD Council, and the Chief is aware this can be used for dry hydrants.  “Where ever there is a stream or pond, they can put a pipe in and when the Fire Department goes out, they can attach to that pipe and have a water service to fight fires.”


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


Commissioner Holder said he might have missed something, but asked, “on the other resolution concerning Heritage Park, did we not vote on that?”


Chairman Maddox stated it will be taken up at a later time.


A request for approval to purchase camera equipment for the Special Services Division of the Police Department.


The Bureau of Police Services’ Special Services Division (Narcotics) currently possesses only one (1) 35 mm camera and two (2) digital cameras which are old/outdated and use a floppy disc drive.  The Special Services Division needs updated camera equipment to conduct day-to-day operations.  The request for approval from the Board of Commissioners is to purchase with monies from the Narcotics Fund five (5) digital cameras, two (2) 35mm cameras, and seven (7) jumpdrive secure.


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


Chief Henry White of the Henry County Bureau of Police Services stated, “first of all, as you know, we have moved from a location which was sub-standard to one that is.  We are consistently revamping that program, and this equipment is sorely needed for special operations of this type.”


Commissioner Holder asked if these cameras were bid out.


Mr. Glynn Purser of the Purchasing Department said they have not received a request for bid.


Ms. Angus said, “we will not make a purchase without them being on State contract or getting prices or bids.  We will handle it properly.”


Chairman Maddox asked, “the amounts you have here, did they come from a State contract that we have?”


Commissioner Holman answered, “they came from Comp USA.”


Commissioner Adams said he wanted to amend his motion to state the purchase can be made up to $3,000 not to exceed the amount authorized by State contract.  Commissioner Freedman amended his second; the motion carried 5-0-0 with Commissioners Adams, Freedman, Harper, Holder and Holman voting in favor. 


A request for approval to purchase furniture for the Special Services Division of the Police Department.


The Bureau of Police Services recently transferred a new Lieutenant and Agent into the Special Services Division and in the near future will be transferring two (2) additional Agents in the Division.  Currently those four (4) positions have no furniture/desks to conduct their day-to-day operations.  This is a request for the Board to approve the following office items, totaling $3,084.70, to be purchased from Hensley’s Office Equipment using forfeiture asset seizure funds to accommodate new personnel in the Special Services Division.


·        Four (4) desks @ $455.50 each

·        Four (4) center drawers @ $51.50 each

·        One (1) knee-space credenza @ $379.50

·        One (1) 2-drawer lateral file cabinet with laminate top @ $425.00

·        One (1) chair @ $252.20



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


Commissioner Holder said he had a question for the attorney.  “On the seized funds, can those funds be used to purchase office equipment?  At some point, there was something in the law that says seized funds had to be used directly in the enforcement or put back into enforcing the drug problem.  Do office supplies or furnishings qualify?”


Mr. Patrick Jaugstetter, County Attorney, said he did not know why the office supplies/furnishings used by the Narcotic Division could not be considered.


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


A request for approval of an increase in the fee schedule by the Police Department for copies of reports, alcohol service permit badges and criminal histories.


Approval is sought for the Board to allow the Henry County Bureau of Police Services to change its fee schedule from the current amounts of:


            Report Copy (not including resident taxpayers)  $ 3.00 each

            Alcohol Service Permit Badge                           10.00 each

            Criminal History Check                                     15.00 each


… a new fee schedule of:


            Report Copy (not including resident taxpayers)  $ 5.00 each

            Alcohol Service Permit Badge (w/Criminal                      25.00 each

                                                                History check)

            Criminal History Check                                       20.00 each


The reason for the new fee schedule change is that the Henry County Bureau of Police Services has recently purchased a new card identification system which uses more expensive two-sided cards than used previously.  The proposed fee schedule is reasonable and in line with fees charged by other counties.


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


Commissioner Holder had a question and referred to the County Attorney.  “Is it legal to say ‘excluding resident taxpayers?’  How can you make a distinction?”


Mr. Jaugstetter said he was not entirely sure.  He asked the Police Department if there was a rule they have to comply with not providing reports to residents.


Captain Terry Lunsford of the Bureau of Police Services said, “we have always not charged local taxpayers for the services we provide.  If they come from outside Henry County, we assess a fee.”


Commissioner Freedman added when they make an open records request, it is a flat fee for the time spent whether the citizen is in County or out of County.


Commissioner Holder said he would rather it be an unwritten rule and continue those same practices.  The Commissioner felt someone would eventually challenge this. 


Mr. Jaugstetter said the appropriate thing to do is to charge a uniform fee for everyone.


Ms. Angus said sometimes there are fees assessed to specific users of a service because of the added burden they put on government.


Commissioner Harper said we are not talking about the background check or the badges; we are talking about the police report. 


Commissioner Holder said “not including” needs to be taken out.


Chairman Maddox said we will need an amendment to the motion.


Commissioner Holman asked if the Board could vote on this one and then let somebody ‘float’ an alternate resolution. 


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


Commissioner Freedman made an alternative motion to approve it excluding the words “excluding resident taxpayers.”  Commissioner Adams seconded.


Mr. Nicholas Day of the Tax Commissioners Office said, “regarding the background check and I.D. badge, does it cost $25 or $45?   An individual has to have a background check to sell alcohol.  I charge them $250 for an application fee even though they do have to have an I.D. badge, but the way it is stated, it is $25 and $20, so if I come in and I am going to serve alcohol at the race track as an individual, does it cost me $20, $25 or $45?”


Captain Lunsford answered, “in order to provide someone with an alcohol badge, the County Ordinance requires us to run a criminal history on them.  Our original fees you can see that we charge $10 for alcohol badges and $15 for criminal histories.  So we are undercharging already because we are charging more for the history compared to the charge for the badge.  So now, when they get the alcohol badge, we want to charge them for both services because we have to do them both at that time.  The new fee we are asking for on that category is $25 (for the badge and the criminal history). 


Commissioner Freedman amended the motion to say ‘the alcohol service permit badge category will include the criminal history check.’  Commissioner Adams amended his second.   The motion carried 4-1-0 with Commissioners Freedman, Adams, Harper and Holder voting in favor and Commissioner Holman voting against. 


A request for approval to purchase software to aid in the State certification process.


Approval is sought by the Board of Commissioners to allow the Henry County Bureau of Police Services to purchase computer software to aid the agency in maintaining certification files.  Certified agencies generally use a computerized tracking program to assist in maintaining certification files.  Currently, files are being maintained manually and stored in a file cabinet.  The program is designed specifically for the certification process.  The program will generate the SSR Forms for each standard (currently there are 104 standards).    It will generate reports in many formats on desired data.  The program can run through Microsoft Outlook to automatically send out e-mails as designated with notices and reminders on due dates.  The program (Total Accreditation Management & Evaluation Database) cost is quoted by Public Safety Computer Services @ $750.00.  An annual fee of $100.00 thereafter will include technical support, updates and other services.  No site license fees will be incurred.  The program can be installed on as many computers needed and have multiple users.


Commissioner Freedman moved to approve the resolution; Commissioner Adams seconded.


Commissioner Holman asked Chief White why we need software when we have spreadsheets and word programs.  He asked how will this enhance the ability to follow the accreditation of officers beyond what is already in place.


Chief White said presently this is done manually; this will allow us to do it with a computer that will be timely and accurate.


 Captain Lunsford said, “we are required to produce the State Standard Report (SSR) forms.  This program generates those forms for us.  Standards can be assigned to individuals to ensure we maintain and meet those standards.  This program can maintain who is currently assigned to that standard and make changes.  Also this program works in conjunction with Microsoft Outlook so e-mails can be sent as reminders of things they have to accomplish by a certain time as required by the standards.  That is something Microsoft Word or our data base cannot do.”


Commissioner Holman asked if all terminals were located at 345 Phillips Drive.


Captain Lunsford replied, “we are all networked.”


Chairman Maddox asked for a vote on the motion; the motion carried 5-0-0 with Chairman Maddox, Commissioners Holder, Holman, Freedman and Adams voting in favor of the motion.  (Commissioner Harper was out of the room.)


A request for approval of a bid pertaining to the purchase and installation of vehicle emergency lights for the Police Department.


The Bureau of Police Services has ordered thirty (30) each 2004 Ford Crown Victoria patrol vehicles, and the emergency lighting and accessories being requested are to equip these vehicles.  Sealed bids were solicited for the purchase and installation of these emergency lights and seven (7) vendors submitted bids for this purchase.  Narcotics funding will be used for the purchase.  West Chatham Warning Devices’ bid in the amount of $78,596.10 met bid specifications. 


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


Economic Development Division:


A request for approval to locate a subdivision sign for Windsong Plantation in the Right-of-Way of Country Club Drive.


Mr. Mike Reis, agent for Windsong Plantation, has requested a subdivision sign to be located in the right-of-way, for property located along Country Club Drive near the intersection with Eagle’s Pointe Center Drive (Windsong Plantation Subdivision) in Land Lot 14 of the 6th District.  Mr. Reis has prepared a letter stating Windsong Plantation will be responsible for maintenance and repair of the proposed subdivision sign in the right-of-way for the life of the sign.  The Henry County Department of Transportation has reviewed the request and prepared a letter approving the location of the subdivision sign.


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


Mr. Bert Foster of  the Planning and Zoning Department said, “the problem is the letter is not signed by Mr. Reis.  Mr. Reis was working on this, but is no longer with the County and he took it upon himself to forward it to the DOT Director, and we have not heard back from him yet.”


Commissioner Freedman said, “we run into this many times, and the out issue is not only the break away feature, but whether on not it is totally out of blocking the line of sight.  There is nothing in here to indicate that or even if DOT looked at that.   All they talked about was the break away feature.”


Commissioner Holder said there is no distance in this plan either.  “I cannot believe Planning and Zoning and the DOT would allow it to obstruct.”


Chairman Maddox asked, “why did we take signs off the right-of-way in the first place?   If you have an accident and someone is hurt, and if there is a sign on the right-of-way, if it is a State road it is the State’s responsibility; if it is on the County’s right-of-way, it is the County’s responsibility.  I understand Windsong Subdivision will be responsible for maintenance and repair of the proposed sign, but I see nothing where they will take the liability if an accident was caused by that sign.  We went to great detail to get signs off of the right-of-way.”


Commissioner Adams asked Commissioner Holman if he would consider amending his motion to reflect they would have to assume liability.


Chairman Maddox said, “if you do that, you cannot pass this resolution with just that amended because they have not agreed to it.”


Commissioner Holman said he was certainly willing to do that, and he would amend his motion to relieve the County of any liability due to the placement of this sign, also to assure it is not obstructing the line of sight.  He asked the County Manager, Ms. Angus, if there is a clean way in how we should proceed.   Chairman Maddox asked if it was a viable motion.


Ms. Angus said, “we cannot release ourselves from liability, and we should table this issue.”


Commissioner Holman said, “let’s vote on this thing and then vote to table.”


The vote was taken on the motion as it stood; the motion failed 0-5-0 with none of the Commissioners voting in favor; Commissioners Holman, Freedman, Holder, Adams and Harper voting against the motion. 


Commissioner Adams made a motion to table the resolution until the next meeting on March 16th; Commissioner Holman seconded. 


Commissioner Freedman said he would like to see a letter from DOT that says the line of sight issues have been addressed.


Commissioner Adams amended his motion to table the resolution for thirty (30) days to give everyone plenty of time; Commissioner Holman amended his second.


Commissioner Holman suggested, “we should open dialogue with the subdivision applicant to make sure we are comfortable with the agreement when it comes back to this Board in thirty (30) days.”


Chairman Maddox said he would leave that up to the Commissioner of that District and information should be brought back to the Board.  At the same time, he said the Commissioner should look at our Sign Ordinance and see what it says. 


Commissioner Adams said that would be fine.


The Chairman asked for the vote on the motion to table this resolution for thirty (30) days; the motion carried 5-0-0 with Commissioners Holman, Harper, Adams, Freedman and Holder voting in favor. 


Administration and Finance Division:


A request for approval of a bid pertaining to the purchase and installation of fencing.



Human and Community Services Division:


Request approval of a bid pertaining to turf treatment services for the Parks and Recreation Department.


Sealed bids were solicited for turf treatment services on a renewable contract basis for the Parks and Recreation Department and seven (7) vendors submitted bids for these services.  Funds are available in the Parks and Recreation Department’s budget for these services.  Pro Trim Landscaping’s bid in the (base) amount of $40,398.00 meets bid specifications and is recommended by departmental personnel.


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


Commissioner Adams questioned accepting the bid of $40,000 when there was a bid of $20,000.


Mr. Glynn Purser said he and Mr. Tim Coley did research and the low bidder cannot provide the services needed.  Mr. Purser said he did not have the right equipment to go out on the fields.  He also stated they checked with Dunn & Bradstreet and the Secretary of State’s Office and the low bidder is delinquent on several of his taxes through D&B and is behind in his payments with the Secretary of State’s registration fees.  Therefore, we do not want to do business with this kind of company.


Mr. Angus stated, “we need to be very careful in the language we use in describing companies.  They do not meet our specs, and that is all we need to say.”


Mr. Purser said based on the O.C.G.A., it states ‘the lowest, most responsible, responsive bidder.’


The vote was taken on the motion to approve the resolution; the motion carried 4-0-0 with Commissioners Adams, Harper, Freedman and Holman voting in favor (Commissioner Holder was out of the room and did not vote.).


Commissioner Freedman asked why Item VI regarding the purchase and installation of fencing was taken off the Agenda.


Mr. Purser stated it was withdrawn at the Purchasing Department’s request and said they needed time for clarification.


Board of Commissioners:


Public Hearing: Vicious Dog Hearing.


Commissioner Holman said, “we probably should go ahead and deal with the Heritage Resolution about a platform because you are about to go into a vicious dog hearing.”


Mr. Patrick Jaugstetter, County Attorney, said the hearing will be tomorrow; this is a resolution saying the Board will convene tomorrow at 1:30 P.M.  He said today’s discussion will not take very long, but at Tuesday’s meeting it might be lengthy.


Commissioner Harper made a motion that the Board of Commissioners convene as the Animal Control Board of Henry County on Tuesday, March 2, 2004 at 1:30 P.M.  Commissioner Holman seconded; the motion carried 5-0-0 with Commissioners Harper, Holman, Holder, Adams and Freedman voting in favor of the motion.


Commissioner Freedman asked if this scheduled meeting for the Vicious Dog Hearing had been advertised.   He asked if there were neighbors or citizens involved, should they not know about this meeting?


Mr. Jaugstetter said there is not a requirement in the Code for the advertisement.


Commissioner Freedman thought this was strange due to the people who might be involved would not know about this.


Commissioner Harper said the victim was aware of the meeting.


Mr. Jaugstetter said he would contact Mr. Charlie Tomlinson, Director of Animal Control, to inquire of who had been notified.


Resolution approving design services for Heritage Park.


The Henry County Board of Commissioners acquired a vintage train engine which is located at Heritage Park, and it is the desire of the Board that the public have access to this exhibit.  The design services for a covered platform and depot are hereby approved for Innobo Architecture and Design for an amount not to exceed $2,625 and said funds shall be taken from monies already appropriated for Heritage Park.


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


Commissioner Harper said this is just to put a safe platform for people to get up on to look at the train, and Mr. Roy Clack, Director of SPLOST, has done a wonderful job restoring it.


Commissioner Holder asked, “it is going to cost $2,625 to design it, what is the project going to cost?”


Commissioner Harper said he did not know, but it will be a simple design.


Commissioner Holder asked where the funds are coming from.


Commissioner Harper said Mr. Clack said we have $200,000 that had been shifted from SPLOST I unallocated  and encumbered for the park.


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


Public Comments.


There were no Public Comments.


Commissioner(s) Comments.


There were no Commissioner(s) Comments.


Commissioner Holman made a motion to adjourn into Executive Session; Commissioner Harper seconded.  The motion carried 6-0-0 with Chairman Maddox, Commissioners Freedman, Holman, Harper, Adams and Holder voting in favor of the motion.  Commissioner Adams read the motion stating “I move to adjourn into Executive Session, in accordance with the provisions of O.C.G.A. 50-14-3, and other applicable laws, and pursuant to advice by Patrick Jaugstetter, the County Attorney, to adjourn into Executive Session for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters.”  Commissioner Holman seconded.  The motion carried 6-0-0 with Chairman Maddox, Commissioners Freedman, Holman, Harper, Adams and Holder voting in favor of the motion.



            An executive session was held.


            Commissioner Holman made a motion to reconvene into public session; Commissioner Adams seconded; and the motion passed by a vote of 6-0, with Commissioners Maddox, Freedman, Harper, Holman, Adams and Holder in favor.


            Commissioner Holman made a motion to approve the executive session affidavit in support of the Chairman; Commissioner Adams seconded; and the motion passed by a vote of 6-0, with Commissioners Maddox, Freedman, Harper, Holman, Adams and Holder in favor.


            Commissioner Holman made a motion to adjourn (12:01 p.m.); Commissioner Freedman seconded; and the motion passed by a vote of 6-0, with Commissioners Maddox, Freedman, Harper, Holman, Adams and Holder in favor.



                                                Leland Maddox, Chairman


Peggy L. Malcolm

Deputy County Clerk