Action
Agenda
Board of Commissioners
June 25, 2009
7:00 P.M.
The Board of Commissioners of Fayette County, Georgia, met
in Official Session on June 25, 2009 at 7:00 p.m. in the Public Meeting Room of
the Fayette County Administrative Complex,
Commissioners
Present:
Commissioner
Absent:
Staff Present: Jack
Krakeel,
Scott
Bennett,
Carol Chandler, Executive Assistant
Floyd Jones, Deputy Clerk
____________________________________________________________________________________________________________________________________________
Call to Order,
Invocation, and Pledge of Allegiance.
Chairman Smith called the June 25, 2009 Board of Commissioners meeting to order at 7:02 p.m.
Commissioner Hearn gave the Invocation.
Chairman Smith led the audience in the Pledge of Allegiance.
Acceptance of Agenda.
Commissioner Hearn moved to Accept the Agenda as published. Commissioner Frady seconded the motion. The motion passed 4-0.
PRESENTATION/REGOCNITION:
A.
Recognition
of Mr. Derk Meuller and Mr. Mike Shaffan for their efforts in a boating rescue
on
The Board of Commissioners, Chief Allen McCullough, and Chief Marshall Ed Collins recognized Mr. Derk Meuller, Mr. Mike Shaffan, and employees of the Public Safety Department for their efforts to rescue local fishermen Mr. William Waters, Mr. Jim Carp, and Mr. Bobby Cochran.
PUBLIC HEARING:
B.
Public
Hearing on the County’s proposed annual budget for the fiscal year beginning
July 1, 2009 and ending June 30, 2010.
Finance Director Mary Holland gave a brief presentation of the proposed Fiscal Year 2010 budget to the Board and asked the Board to accept Resolution 2009-10 which would effectively adopt the proposed budget.
No one spoke in favor of the budget.
Elizabeth “Liz” Maddox: Ms. Elizabeth Maddox, a resident of Peachtree City, acknowledged she did not quite understand the budget and asked, if the budget were adopted in its present form, would additional money be prevented from being added to the budget. Chairman Smith replied money could not be added to the budget without a budget adjustment which would use money budgeted in the Contingency Fund. Ms. Maddox asked if the proposed budget was a “tight” budget. Chairman Smith replied that it was.
Alice Jones: Mrs. Alice
Jones, a resident of
Gordon Furr: Mr. Gordon Furr, a resident of Tyrone, stated the Town of Tyrone needed another fire station since new developments would be constructed north of town, but he questioned shy money should be used to remove the old fire station when it can be used to protect all of Tyrone’s subdivisions without having emergency vehicles enter SR 74. he asked that the new fire station be build on county property located along Sandy Creek Road and for the Board to simultaneously save the old fire station. Mr. Furr then asked how much money would be spent to construct the West Fayetteville Bypass since he was concerned about the cost. He suggested the money could be better used by repairing roads in the county.
Chairman Smith explained this hearing was not about SPLOST and he added he was unclear what Mr. Furr was advocating with respect to the fire station. Mr. Furr replied he did not understand the need to do away with a perfectly good fire station that is serving its purpose very well in order to construct another fire station.
Chairman Smith reminded Mr. Furr that the septic system at the old fire station has failed and the County has been threatened with eviction from the station by the Public Health Department. He said the County has very little choice in the matter since the Public Health Department has also informed the County it may not have any room on the property to expand the septic system. He added as far as SPLOST funds are concerned they were voted on by members of the voting public who spoke on what they wanted, after which the budget was adopted, and that the topic is not a recurring issue. He closed saying the Board is only addressing the budget currently presented before it.
No one else spoke in opposition to the budget.
Commissioner Maxwell moved to
approve Resolution 2009-10 approving
C.
Consideration
of proposed amendments to the Fayette County Subdivision Regulations Section 3
General; Section 4 Approval of Subdivisions; Section 5 The Subdivision Plat;
Section 9 Acceptance and Guarantee of Completed Improvements; and Section 10
Violations and Penalties. This item was
deferred from the May 28, 2009 Board of Commissioners Meeting.
Public Works Director Phil Mallon stated he was representing several departments to request the Board’s approval of the proposed amendments to the Fayette County Subdivision Regulations and gave a brief history of how the County “got to this point”. He concluded his presentation stating he would return with fully revised Subdivision Regulations at a Workshop Meeting prior to the September 24th Meeting and he anticipated the fully revised regulations would be adopted during the September 24th Meeting.
Chairman Smith said there were two
parts to this request. He explained the
first part of the request was for the Board to give consensus allowing the
departments to continue reviewing
Randy Boyd: Mr. Randy Boyd,
a resident of
Deron Hicks: Mr. Deron
Hicks, a resident of
Commissioner Maxwell moved to approve the proposed amendments to the Fayette County Subdivision Regulations Section 3 General; Section 4 Approval of Subdivisions; Section 5 The Subdivision Plat; Section 9 Acceptance of Guarantee of Completed Improvements; and Section 10 Violations and Penalties. Commissioner Hearn seconded the motion. The motion passed 4-0.
D.
Consideration
of a Beer, Wine and Distilled Spirits Pouring Permit for Frank’s at The Old
Mill, 1095 SR 54 West,
Frank Psomas: Mr. Frank
Psomas, a resident of
Neil Davis: Mr. Neil Davis,
a resident of
Commissioner Frady moved to approve
a Beer, Wine, and Distilled Spirits Pouring Permit for Frank’s at The Old Mill,
1095 SR 54 West,
E.
Consideration
of a Packaged Beer and Wine License for SSN Highway 85, Inc., d/b/a Chevron
Food Mart, 1488 SR 92 North, Fayetteville, Georgia, Shirin Nathani, Owner/Applicant. This property is located in Land
Shirin Nathani: Ms. Shirin
Nathani, a resident of
Commissioner Frady moved to approve a Packaged Beer and Wine License for SSN Highway 85, Inc., d/b/a Chevron Food Mart, 1488 SR 92 North, Fayetteville, Georgia, Shirin Nathani, Owner/Applicant. Commissioner Hearn seconded the motion. The motion passed 4-0.
F.
Consideration
of Petition Nos. 1215-09 and RP-045-05, Kenneth J. Lazarus of Southern Crescent
Neurological Clinic, PC, Owner, and Randy Boyd, Agent, request to rezone Land
Lots 1, 2, 3, and 4 of Ledgewood
Subdivision consisting of 3.74 acres from R-40 to O-I to develop
office-institutional uses; and to revise the Final Plat of Ledgewood
Subdivision to change the use of said lots from Single-Family Residential to
Office Uses and to combine the four (4) lots into one (1) lot. This property is located in Land
Community Development Director
Commissioner Maxwell announced he would recuse himself from this public hearing since Dr. Lazarus contributed to his campaign. Commissioner Maxwell then exited the meeting.
Randy Boyd: Mr. Randy Boyd,
a resident of
Gordon Furr: Mr. Gordon
Furr, a resident of Tyrone, returned to the Board stating he was unsure if he
supported the request, but requested that the County’s engineers would “take
care of the impervious run-off in retention ponds” created by mixing commercial
development into residential areas. He
explained that his mother lives in
Commissioner Frady moved to approve Petition Numbers 1215-09 and RP-045-09, Kenneth J. Lazarus of Southern Crescent Neurological Clinic, PC., and Randy Boyd, Agent, request to rezone Land Lots 1, 2,3, and 4 of Ledgewood Subdivision consisting of 3.74 acres, located in Land Lot 127 of the 5th District and fronting on SR 54 West, from R-40 to O-I to develop office-institutional uses, and to revise the Final Plat of Ledgewood Subdivision to change the use of said lots from Single-Family Residential to Office Uses and combine the four (4) lots into (1) lot, with the three conditions recommended by staff and the Planning Commission. Commissioner Hearn seconded the motion. The motion passed 3-0-1 with Commissioner Maxwell abstaining from the vote.
Recognition of
PUBLIC COMMENT:
Elizabeth “Liz” Maddox: Ms. Elizabeth Maddox, a resident of Peachtree City, returned to address the “water issue” and referenced a letter sent in a water bill that reported on data collected between January 1, 2008 and December 31, 2008. Her particular concern was about the “harmful potential effects of lead in water”. Ms. Maddox then gave a number of suggestions to the Board regarding how to address the problems associated with lead in the water.
Harold Bost: Mr. Harold
Bost, a resident of
Ben Morrell: Mr. Ben
Morrell, a resident of
Gordon Furr: Mr. Gordon
Furr, a resident of Tyrone, returned to the Board for a third time stating
Commissioner
Pat Hinchey: Mr. Pat
Hinchey, a resident of
Alan Bell: Mr. Alan Bell, a
resident of
CONSENT AGENDA:
Commissioner Hearn moved to approve Consent Agenda Items 1-9. Commissioner Frady seconded the motion. Chairman Smith asked for Consent Agenda Item 8 to be removed and voted on separately. Commissioner Hearn amended his motion to approve Consent Agenda Items 1-9 with the exception of Consent Agenda 8. Commissioner Frady seconded the motion. The motion passed 4-0.
1.
Approval
of request to reappoint Ken Schall to another three-year term on the McIntosh
Trail Community Service Board, commencing July 1, 2009 and expiring June 30,
2010.
2.
Approval
of staff’s recommended changes to the Benefits section of the Policies and
Procedures Manual to concur with changes to the County’s defined contribution and
deferred compensation plans, along with the implementation of a defined benefit
plan.
3.
Approval
of staff’s request to replace Medic Unit 2 which was totaled in an accident in
May.
4.
Approval
of request from the Sheriff’s Department to dispose of a vehicle, by sale or
trade, that was seized by the Tactical Narcotics Team.
5.
Approval
of the request from the Sheriff’s Department to amend the Overtime Budget for
the
6.
Approval
of staff’s recommendation for the disposition of tax refund requests submitted
by taxpayers in accordance with O.C.G.A. 48-5-380.
7.
Approval
of staff’s recommendation that the fee for fingerprinting applicants for Beer,
Wine, Alcohol, and Canvassers/Solicitor’s business license be increased to $50
per person due to an increase to the County by the Georgia Crime Information
Center for processing fingerprints.
8.
Approval
of staff’s request to award Proposal #P707 to Mike Wright and Co., d/b/a
Wright’s Hydro Seeding, for the purpose of having an annual county-wide
contractor available for erosion control installation on public works projects.
Chairman Smith announced the reason he asked for Consent Agenda Item 8 to be removed from the Consent Agenda was because he received campaign contributions from the principals in the company. He said he intended to abstain from the vote on this item. Commissioner Frady moved to approve Consent Agenda Item 8. Commissioner Hearn seconded the motion. The motion passed 3-0-1 with Chairman Smith abstaining from the vote.
9.
Approval
of request to allow Mallett Consulting, Inc. to proceed with engineering and
design for the following three SPLOST projects: FC-2, I-10, and B-3. The terms and conditions associated with this
Notice-To-Proceed are set in the County’s Agreement for Professional Services
dated August 1, 2005.
OLD BUSINESS:
G.
David
and Sandra Rosa have requested a hearing before the Board of Commissioners
concerning a request for tax refunds.
Mrs. Sandra Rosa, a resident of Brooks, spoke on behalf of herself and her husband, requested a tax refund for the past seven years due to an error by the Assessor’s Office, and gave an explanation of her request.
County Attorney Scott Bennett
advised the Board that State Law prohibits the County from paying any debt it
is not legally obligated to pay, and added that the Georgia Constitution states
local governments shall not have the power to grant any donation or gratuity or
forgive a debt or obligation owed to the public. He summarized that local governments cannot
give away that which it does not owe. He
recommended that only three of the seven years of tax refunds be granted to the
Commissioner Maxwell moved to grant David and Sandra Rosa’s request for a tax refund in the amount of $2,064.25 for the years 2006, 2007, and 2008 and to deny the request for tax refunds in the amount of $2,549.07 for the years of 2002, 2003, 2004, and 2005. Commissioner Frady seconded the motion. The motion passed 4-0.
H.
Mr.
Vincent Williams has requested a hearing before the Board of Commissioners concerning
a request for tax refunds.
Mr. Vincent Williams, a resident of
County Attorney Scott Bennett advised the Board to deny the request since Georgia’s Homestead Exemption Statutes defines a homestead as real property owned by and in possession of the applicant as of January 1, and since Mr. Williams was not the record owner of the property. He said no deed was filed prior to William’s seeking of a Homestead Exemption for the years 2007, 2008 and 2009, and therefore the Tax Assessor and the Tax Commissioner had no way to grant a Homestead Exemption. He concluded, based on the code sections, that the County had no choice but to deny the request due to a lack of ownership.
Commissioner Maxwell moved to deny Mr. Vincent William’s request for a tax refund in the amount of $1,001.72 due to a lack of ownership and to deny Mr. Williams’ request to reinstate his Homestead Tax Exemption for the years 2007, 2008, and 2009. Commissioner Hearn seconded the motion. The motion passed 4-0.
I.
Consideration
of a request that
J.
Consideration
of a request that
Community Development Director
Commissioner Hearn moved to deny
the requests that
K.
Approval
of staff’s recommendation to award a bid in the amount of $2,048,595.70 to The
Miller Group Inc. for Asphalt Resurfacing with Full Depth Reclamation (FDR) of
nine County roads, totaling 10.06 miles.
The work shall be funded with transportation Special Purpose Local
Option Sales Tax (SPLOST) funds.
Public Works Director Phil Mallon
explained the purpose of this request and how it would be funded. He added that his request be changed to
increase the bid amount and to add
Commissioner Hearn moved to approve
staff’s recommendation to award a bid in the amount of $2,932,282.50 to The
Miller Group, Inc., for Asphalt Resurfacing with Full Depth Reclamation of ten
County Roads, including
ADMINISTRATOR’S REPORT
Consumer Confidence Report:
Chairman Smith asked Utilities
Systems Director
ATTORNEY’S REPORT
Powers Heating and Air: County Attorney Scott Bennett reported on May 14, 2009 the Board of Commissioners awarded a bid to Power’s Heating and Air in the amount of $70,496 for air conditioning units to be installed at Crosstown Water Treatment Plant and Flint River Pump Station. He said he received the contract from Mallett Consulting and he reviewed the contract ensuring all the bonds and insurance are present. He asked for the Chairman to be authorized to sign the contract.
Commissioner Frady moved to authorize the Chairman to sign a contract with Q.T. Contracting, Inc., doing business as Power’s Heating and Air, in the amount of $70,496, for the construction of air conditioning at Crosstown Water Treatment Plant and Flint River Pump Station. Commissioner Hearn seconded the motion. The motion passed 4-0.
STAFF REPORT
Update on Several GDOT Transportation Projects: Public Works Director Phil Mallon reminded the Board that he had been asked to provide updates on several GDOT Transportation Projects at the July 2009 Workshop Meeting. He told the Board he would not be present for the meeting and asked if he could give the updates during Staff Report. The Board agreed to his request. Mr. Mallon then updated the Board regarding the following GDOT Transportation Projects:
·
·
· Harp Road at SR 85
·
Widening of SR 74 from SR 85 to
Commissioner Hearn asked for an
additional update in September regarding these projects, encouraged Mr. Mallon
in his work and efforts with GDOT, and offered to go to
BOARD REPORT
There was no Board Report.
EXECUTIVE SESSION
Real Estate Acquisition:
The Board of Commissioners adjourned to Executive Session at 9:41 p.m. and returned to Official Session at 10:17 p.m.
Executive Session Affidavit: Commissioner Hearn moved to authorize the Chairman to sign an Executive Session Affidavit stating Real Estate Acquisition was discussed in Executive Session. Commissioner Maxwell seconded the motion. The motion passed 4-0.
ADJOURNMENT
Chairman Smith announced there was no other business coming before the Board and adjourned the June 25, 2009 Board of Commissioners Meeting.
The June 25, 2009 Board of Commissioners Meeting adjourned at 10:18 p.m.
______________________________
Floyd L. Jones, Deputy Clerk