Board of Commissioners
June 11, 2009
Board of Commissioners of Fayette County, Georgia, met in Official Session on
Thursday, June 11, 2009, at 7:00 p.m. in
the Public Meeting Room of the Fayette County Administrative Complex,
Commissioners Present: Jack Smith, Chairman
Herb Frady, Vice Chairman
Staff Present: Jack Krakeel,
Chairman Smith called the meeting to order.
Commissioner Hearn offered the Invocation.
Pledge of Allegiance.
ACCEPTANCE OF THE AGENDA: COMMISSIONER HEARN MADE A MOTION TO APPROVE THE AGENDA AS PRESENTED. COMMISSIONER FRADY SECONDED THE MOTION. THE MOTION CARRIED 5-0.
A. The Board will
acknowledge receipt of a Wellness Grant in the amount of $4,000 from the Association of County Commissioners
LORI SMITH OF THE FAYETTE COUNTY
HUMAN RESOURCES DEPARTMENT PRESENTED A CHECK IN THE AMOUNT OF $4,000
REPRESENTING RECEIPT OF A 2009 WELLNESS GRANT FROM THE ASSOCIATION OF
of Petition No. 1213-09, Johnie Williams and JEW Properties, LLC, and Billy
Brundage Engineering, Inc., Agent, request to rezone 37.08 acres from A-R to
M-1 to construct a maintenance building for
Commissioner Hearn said he would not be present for this discussion because he had received campaign contributions. He said he would recuse himself from this discussion and he left the room at this time. Chairman Smith said he had also received campaign contributions but this was not in an amount requiring him to recuse himself and he would be part of the discussion and vote.
COMMISSIONER FRADY MADE A MOTION TO ACCEPT THE PLANNING COMMISSION AND STAFF’S RECOMMENDATION TO DENY PETITION NO. 1213-09. COMMISSIONER HORGAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER HEARN RECUSED HIMSELF AS PART OF THIS DISCUSSION AND WAS NOT PRESENT.
C. Public hearing on the County’s proposed annual budget for the fiscal year beginning July 1, 2009, and ending June 30, 2010.
CHIEF FINANCIAL OFFICER MARY HOLLAND REVIEWED THE COUNTY’S PROPOSED ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 2009 AND ENDING JUNE 30, 2010. SHE REMARKED THAT THIS WAS ONE OF TWO REQUIRED PUBLIC HEARINGS AND THE BUDGET WOULD BE ADOPTED AT THE BOARD’S JUNE 25TH MEETING.
CHAIRMAN SMITH: Chairman Smith responded to the citizens’ comments at the
last Commission meeting regarding an incident involving one of the
Attorney Scott Bennett remarked that this was addressed in the Ethics Code
which states that an investigation would be conducted by a
Chairman Smith said if an ethics complaint was filed and adjudicated as positive, this body would have to sit as a jury to hear that evidence and determine the punishment that this body deems appropriate. He said it would be very inappropriate for this body to take a stance pro or against until such time as that process has run its course. He said he did not want the public to have the understanding that this Board would have the personal ability to take action. He remarked that anyone speaking under public comment would not address their comments to Commissioner Horgan but to the Board as a whole.
ROBERT ROSS: Robert Ross commented on Commissioner Horgan’s recent arrest. He said public service carries a responsibility to consistently exercise a higher degree of conduct and judgment. He said anything less would serve to undermine the public confidence that Commissioners must hold to govern effectively. The said the citizens elected this Board of Commissioners to the County’s highest office in the presumption of integrity, competence and moral character and empower the Board with authority to exercise judgment on multi million dollar issues, business futures and citizens’ families. He said Commissioner Horgan’s actions were much more than a simple mistake and go on to raise additional questions. He said the citizens now look to the other four Commissioners to salvage and strengthen the trust that was necessary for this Board to govern with citizen confidence and support.
LARRY TORLEY: Larry Torley remarked that the citizens of
DOUG BURCHER: Doug Burcher commented on the West Fayetteville Bypass and felt it would not accomplish the purpose by which it was supposedly designated; that it was unfair to the affected people’s lives; and that it was a detriment to the environment. He felt the S.P.L.O.S.T. was meant for road improvements and not a bypass. He said condemnation of the affected properties was not fair.
AISHA ABDUR-RAHMAN: Aisha Abdur-Rahman remarked that her district was represented by Commissioner Horgan and she was appalled that he had not resigned. She said her tax dollars pay his salary and the best thing that he could do would be to resign. She said what Commissioner Horgan had done was outrageous.
DAWN OPARAH: Dawn Oparah said she has lived in
J.D. HOLMES: J.D. Holmes commented on the West Fayetteville Bypass. He felt that a lot of money had been spent on a road to nowhere. He also questioned the car counts and the study that was done in 2003 for a projection of cars in 2030. He felt this money could be better used in the East Fayetteville Bypass.
MICHAEL MEYER: Michael Meyer commented on the West Fayetteville Bypass. He questioned the data that was used for the proposed bypass as well as the car counts. He also said there had been no mention of concern for the environment. He said with the state of the current economy, this project should be put on hold. He asked consideration for the Board to postpone a vote tonight on the bypass.
DENNIS CHASE: Dennis Chase said he was the President of the Line Creek Association of Fayette County. He expressed concern with how the West Fayetteville Bypass was being managed. He said he still did not have answers as to why this Bypass was necessary and what alternatives were considered. He said he had seen nothing in the files that indicated what the real need for this Bypass was and what the real purpose of it was and what the alternative analysis was. He said it was very concerning to him that the Board would be voting on this tonight.
HAROLD BOST: Harold Bost said it
was unfortunate for the citizens of
LISA HOUSTON: Lisa Houston remarked that she had moved to
NANCY BRYANT: Nancy Bryant said she had moved to
CAROLYN PERDUE: Carolyn Perdue said her neighbor was Don Newhart and his house would be taken away as a result of the Bypass. She noted that the Bypass was much more than two houses and a barn and noted that the Bypass would be within 30 feet of her bedroom window. She pointed out that the County had allowed high dollar houses to be built that were currently sitting empty and the Bypass would go around those homes and destroy her way of life. She asked the Board to reconsider building the Bypass.
ALICE JONES: Alice Jones commented that there were 25 pages of
JOHN E. JONES: John E. Jones said he wanted to personally commend the leadership of Commissioner Maxwell for writing a letter for everyone attending tonight’s meeting. He said Commissioner Horgan was his representative and that was for Post 1. He said the at-large voting process has put Mr. Horgan in place for Post 1 and he had let the district down. He said once this County adopts district voting process, accountability and representation would be significantly improved and provide an equal opportunity to get better qualified persons elected.
BOBBY WIGGINS: Bobby Wiggins suggested
LATRELLE BURCHER: Latrelle Burcher remarked that during one school year there
were 180,000 students who will pass through the intersection if the Bypass went
GORDON FURR: Gordon Furr asked the Board to do the right thing and deny this Bypass and quit wasting the taxpayers’ money in these hard economic times. He commented that the Bypass would destroy the County’s water supply. He said this was a road to nowhere except in the developer’s pocketbook.
ANGELA HINTON FONDA: Angela
Hinton Fonda commented on the West Fayetteville Bypass and the impact of
increased traffic, heavy trucks and the effect on the County’s drinking
water. She also remarked that
Commissioner Horgan should recuse himself from voting on the budget at the
Board’s next meeting on June 25th since he has a matter pending
DON NEWHART: Don Newhart remarked that he lived on
CONSENT AGENDA: COMMISSIONER MAXWELL REQUESTED ITEM NO. 8 BE REMOVED FOR DISCUSSION. COMMISSIONER MAXWELL MADE A MOTION TO APPROVE CONSENT AGENDA ITEMS 1-7 AS PRESENTED AND TO REMOVE ITEM NO. 8 FOR DISCUSSION. COMMISSIONER FRADY SECONDED THE MOTION. THE MOTION CARRIED 5-0.
1. Consideration of staff’s request to renew the annual Agreement between Fayette County and the University of Georgia for the provision of Extension Services Programs in Fayette County for a period beginning July 1, 2009 and ending June 30, 2010.
2. Consideration of staff’s request to increase the FY 2009 budgeted revenues and expenditures to recognize a donation of $100 from the Whitewater Middle School Builders Club to be used by the Sheriff’s Department K-9 Unit.
3. Approval of staff’s recommendation to execute “Rural Fire Defense Memorandum of Understanding” between the Georgia Forestry Commission and the Fayette County Fire Department.
4. Approval of
staff’s recommendation to award Bid # 709 Grass Mowing to S.S.F.W. Landscape
Management for $2,150. per month for Brooks Park, Tru Green Landcare, LLC, for
$3,821. per month for
5. Approval of
staff’s recommendation to award Bid # 709 Grass Mowing to Star Valley Landscape
to provide mowing and other landscaping services at the
6. Approval of staff’s recommendation that the County’s contract with Waste Management be amended to allow the County’s Transfer Station to be closed on MLK Day, Memorial Day, and Labor Day, in addition to the holidays already recognized.
7. Approval of request from Superior Court Judge Paschal English that Fayette County designate Professional Probation Services, Inc. to provide probation services and programs for offenders sentenced by and under the jurisdiction of Superior Court.
8. Approval of minutes of the May 14, 2009 Board of Commissioners Meeting, the May 19, 2009 County Commission Budget Workshop, and the May 28, 2009 Board of Commissioners Meeting .
COMMISSIONER MAXWELL REMARKED THAT THE WORDING IN THE MINUTES FOR THE COMMISSIONERS’ BUDGET MEETING HELD ON MAY 19, 2009 REGARDING A BUDGET REQUEST FOR THE ELECTIONS OFFICE DID NOT ACCURATELY REFLECT WHAT THE BOARD HAD AGREED ON.
COMMISSIONER MAXWELL MADE A MOTION TO AMEND THE MINUTES OF THE MAY 19TH COMMISSIONERS’ BUDGET WORKSHOP TO REFLECT THAT THE ELECTIONS DEPARTMENT HAD REQUESTED THAT ONE FULL-TIME POSITION BE SPLIT INTO TWO PART-TIME POSITIONS AND THAT THE BOARD HAD NOT AGREED WITH THAT REQUEST. COMMISSIONER FRADY SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COMMISSIONER MAXWELL ADDED THAT HE RECALLED DURING THE DISCUSSION OF FUNDING REQUESTED FOR PAY-FOR-PERFORMANCE THAT THESE FUNDS, IF APPROVED, WOULD NOT BECOME AVAILABLE UNTIL JANUARY 1, 2010 AND THAT HE AND COMMISSIONER FRADY HAD NOT BEEN IN FAVOR OF FUNDING THE PAY-FOR-PERFORMANCE REQUEST.
COMMISSIONER MAXWELL MADE A MOTION TO APPROVE THE MINUTES FOR THE BOARD OF COMMISSIONERS’ MEETINGS HELD ON MAY 14, 2009 AND MAY 28, 2009. COMMISSIONER FRADY SECONDED THE MOTION. THE MOTION CARRIED 5-0.
of the proposed alignment of Phase II of the West Fayetteville Bypass by the
Public Works Department. This item was tabled from the May 28
COMMISSIONER MAXWELL MADE A MOTION TO APPROVE THE CONCEPT PLAN FOR THE PROPOSED ALIGNMENT OF PHASE II OF THE WEST FAYETTEVILLE BYPASS AS PRESENTED BY STAFF. COMMISSIONER FRADY SECONDED THE MOTION. THE MOTION CARRIED 5-0.
E. Consideration of a request from the Fayette County Board of Education that the Board of Commissioners adopt a resolution levying an annual tax to pay the debt service for 2009 Bonds to be issued following the refunding of Board of Education Bonds issued in 1994 and 1999.
COMMISSIONER MAXWELL MADE A MOTION
TO AUTHORIZE THE CHAIRMAN TO EXECUTE THE RESOLUTION FOR THE FAYETTE
ISSUE OF THE COUNTY PROVIDING
BUILDING INSPECTION SERVICES TO THE TOWN OF
WATERING RESTRICTIONS REMOVED:
MOWING OF THE COUNTY’S
RIGHT-OF-WAYS AND MEDIANS:
COMMISSIONER MAXWELL: Commissioner Maxwell asked for the Board’s consideration to present a Resolution recommending that Governor Sonny Perdue consider and appoint Judge Christopher Edwards to the Georgia Supreme Court.
COMMISSIONER MAXWELL MADE A
MOTION AUTHORIZING THE CHAIRMAN TO EXECUTE RESOLUTION NO. 2009-09 RECOMMENDING
THAT GOVERNOR SONNY PERDUE CONSIDER AND APPOINT JUDGE CHRISTOPHER EDWARDS TO
COMMISSIONER HEARN: Commissioner Hearn asked for consideration to allow staff to look at three intersections including Hilo Road at S.R. 92, Bernhardt Road at S.R. 85 as well as Harp Road and S.R. 85 and provide an update to the Board at the Wednesday, July 1st Board meeting on the percentage of design complete, right-of-way acquisition, and when projects will be let.
EXECUTIVE SESSION: County Attorney Scott Bennett requested an Executive Session to discuss real estate acquisition.
COMMISSIONER HEARN MADE A MOTION TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS REAL ESTATE ACQUISITION. COMMISSIONER FRADY SECONDED THE MOTION. THE MOTION CARRIED 5-0.
CHAIRMAN SMITH RECONVENED THE MEETING AND REMARKED THAT NO ACTION HAD BEEN TAKEN.
COMMISSIONER FRADY MADE A MOTION TO AUTHORIZE THE CHAIRMAN TO EXECUTE THE EXECUTIVE SESSION AFFIDAVIT AFFIRMING THAT REAL ESTATE ACQUISITION WAS DISCUSSED IN EXECUTIVE SESSION. COMMISSIONER HORGAN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
ADJOURNMENT: CHAIRMAN SMITH ANNOUNCED THAT THERE WAS NO OTHER BUSINESS TO COME BEFORE THE BOARD AND THE MEETING WAS ADJOURNED AT 10:06 P.M.