Action
Agenda
Board of Commissioners
August 27, 2009
7:00 P.M.
The Board of Commissioners of Fayette County, Georgia, met
in Official Session on Thursday, August 27, 2009, at 7:00 p.m. in the Public
Meeting Room of the Fayette County Administrative Complex,
Commissioners Present:
Staff Present: Jack
Krakeel,
Scott
Bennett,
Carol Chandler, Executive Assistant
Floyd L. Jones, Deputy Clerk
____________________________________________________________________________________________________________________________________________
Chairman Smith called the August 27, 2009 Board of Commissioners Meeting to order at 7:02 p.m.
Commissioner Hearn offered the Invocation.
Chairman Smith led the audience in the Pledge of Allegiance.
Acceptance
of Agenda.
Commissioner Horgan moved to accept the agenda as published. Commissioner Frady seconded the motion. The motion passed unanimously.
PUBLIC HEARING:
A.
Consideration
of Petition No. 1216-09 and Petition No. RP-046-09, John Alan Bell,
Owner/Agent, request to rezone Lot 18 of Lakeview Estates consisting of 1.03
acres from R-40 to O-I to develop Office Institutional Uses and request to
Change the Use of Lot 18 from single-family residential to office-institutional.
This property is located in Land
Commissioner Hearn moved to postpone the hearing of Petition Number 1216-09 and Petition Number RP-046-09 of John Alan Bell until the October 22nd Board of Commissioners Meeting. Commissioner Frady seconded the motion. The motion passed unanimously.
B.
Consideration
of Petition No. 1217-09, BBWJ, LLC., Owners/Agents, request to rezone 4.77
acres from C-C Conditional to C-H to develop a Mini-Storage Facility. This property is located in Land
Woody Johnson: Mr. Woody Johnson presented Petition 1217-09.
No one spoke in opposition to Petition 1217-09.
Commissioner Horgan moved to
approve Petition Number 1217-09, BBWJ, LLC., Owners/Agents, request to rezone
4.77 acres from C-C Conditional to C-H to develop a Mini-Storage Facility
located in Land Lot 182 of the 5th District and fronting on SR 54
East and
C.
Consideration
of proposed revisions to the Fayette County Comprehensive Plan Future Use Map
and the Land Element Text regarding the SR 74 North Corridor; and proposed
amendments to the Fayette County Zoning Ordinance associated with the SR 74
North Corridor. This item was last
discussed during the July 1, 2009 Board of Commissioners Workshop Meeting.
Director of Community Development Pete Frisina and Mr. Matt Forshee of the Fayette County Development Authority gave a presentation on the proposed revisions and amendments.
Angela Rosser: Ms. Angela Rosser spoke in favor of the proposed revisions and proposed amendments.
Gordon Furr: Mr. Gordon Furr spoke in opposition to the proposed revisions and proposed amendments.
Commissioner Frady moved to adopt Ordinance 2009-02 amending the Fayette County Zoning Ordinance associated with the SR 74 North Corridor, to adopt Ordinance 2009-03 amending the Fayette County Comprehensive Plan Future Land Use Map and the Land Use Element Text regarding the SR 74 North Corridor, and to approve Resolution 2009-14 adopting the Fayette County Comprehensive Plan Land Use Element Text and the Fayette County Future Land Use Plan Map Amendments. Commissioner Horgan seconded the motion. The motion passed 4-1 with Commissioner Maxwell voting in opposition.
D.
Consideration
of Resolution 2009-13 which established ad valorem tax millage rates for 2009.
Finance Director Mary Holland gave a presentation regarding the 2009 ad valorem millage rates.
No one spoke in favor or opposition to Resolution 2009-13.
Angela Hinton-Fonda: Ms. Angela Hinton-Fonda asked for clarity regarding the millage rates and if they are dependent on either past or potentially future SPLOST revenues. Chairman Smith replied that millage rates are not affected by and are not dependent upon any SPLOST.
Commissioner Frady moved to authorize the Chairman to sign Resolution 2009-13 which establishes millage rates and levies ad valorem taxes for 209. Commissioner Horgan seconded the motion. The motion passed unanimously.
PUBLIC COMMENT:
Chairman Smith announced public comments must be limited to items of which the Board has some control. He asked the audience to limit its comments to items the Board can affect by addressing for failing to address.
Harold Bost: Mr. Harold Bost spoke about the three traits
looked for in
Chairman Smith asked Mr. Bost if he was aware he had asked for comments that the Board could act upon and asked if there was something in his dissertation that the Board can act on. Mr. Bost replied the Board could urge Commissioner Horgan to resign, and he added he did not understand the Chairman’s comments giving new direction. Chairman Smith reiterated that he asked for comments under the Board’s purview, and noted the Board had no purview to call for any action on this issue. Mr. Bost repeated he did not understand the direction made by the Chairman and that in all the times he had been in the Commission Chambers he had not heard that direction given before.
Bob Ross: Mr. Bob Ross noted the Board would have an
opportunity to exercise its responsibilities at the conclusion of the Ethics
Complaint and he asked for an update of the status of the Ethics Complaint. He said it is important that the Board
clearly and repetitively understands the deep feelings against Commissioner
Hogan’s action and it should take those actions under consideration when it
adjudicates any punishment associated with a guilty finding from the Ethics
Complaint. He told of meeting Ms. Morgan
Coffey who is a freshman at
Anita Harrison: Mrs. Anita Harrison stated she was concerned Commissioner Horgan was being treated differently than an ordinary citizen. She explained that she works for an employer who conducts criminal background checks and police background checks on people before they can be hired into possible positions. She explained her employer also conducts random drug and alcohol testing, and she was personally offended and found it unacceptable that Commissioner Horgan could remain in his position when, if he had behaved as the Commissioner had, she as well as other ordinary citizens would have been fired “on the spot”. She closed saying she wanted something done about this, that she felt very passionately about this issue, that the Commissioner was setting a very bad example for kids in the community and citizens, and that those who endorse him are also setting a very bad example.
Duane Paggen: Mr. Duane Paggen stated he was speaking with
a heavy heard, but he wanted Commissioner Horgan to know he is a pilot with
Delta Airlines and if he is caught drinking or smoking marijuana he would be
fired. He said, unfortunately, the job
of
Donald Fowler: Mr. Donald Fowler reminded the Board that at
its last meeting it passed a resolution calling for a SPLOST referendum which
includes a list of projects which included improvements to the road he lives
on, namely,
Pat Hinchey: Mr. Pat Hinchey began saying he really did
not like “getting up” to speak to the Commissioners since it usually means his
“blood is boiling”. He said he gets up
every morning to try to deal with the next right thing in front of him. He continued that he made a commitment to
himself to be at the Commission meetings as often as possible and to keep as
quiet as possible in order to listen and learn so he could be understand how to
make
Bryan Harrison: Mr. Bryan Harrison began by thanking the
Commissioners for taking the time to continue to grow the Fayette Community and
for the care and consideration they exhibit by making decisions, the work of
the County staff, and the
CONSENT AGENDA:
Chairman Smith asked for Consent Agenda Item 3 to be removed from the Consent Agenda for discussion.
Commissioner Hearn moved to approve Consent Agenda Items 1, 2, and 4. Commissioner Frady seconded the motion. The motion passed unanimously.
1.
Approval
of appointment f
2.
Approval
of staff’s request to increase Public Safety and Emergency Management’s Fiscal
Year 2009 Donations/Miscellaneous Revenue Account by $2,281 and to increase the
Food/Catered Meals Expense Account By $2,281 to account for donations from
various companies, a benevolence society, and citizens.
3.
Approval
of the Water Committee’s recommendation for approval of a Memorandum of
Understanding between Fayette County and Peachtree City for the purpose of
allowing Peachtree City’s Dive Team to train at Lake Horton and Lake Kedron.
Chairman Smith explained he asked for Consent Agenda Item 3 to be removed from the Consent Agenda because there is new information before he asked County Administrator Jack Krakeel to present the new information.
Commissioner Horgan moved to approve Consent Agenda Item 3, to modify the wording of the Memorandum of Understanding, Section II., Item B to read: “To accommodate volunteer members of both agencies, two weekend training exercises annually shall be permitted at Lake Kedron and Lake Horton:, and to make the Memorandum of Understanding include and apply to Lake McIntosh. Commissioner Hearn seconded the motion. The motion passed unanimously.
4.
Approval
of Minutes for the Board of Commissioners Workshop Meeting held on August 5,
2009 and the Board of Commissioners Meeting held on August 13, 2009.
ADMINISTRATOR’S
REPORT
Additional School Zone Signage for Whitewater Middle School and Whitewater High School: County Administrator Jack Krakeel reminded the Board that several meetings ago Commissioner Hearn requested staff to look into issues associated with transportation in Fayette County one of which was about placing additional signage at the Whitewater School complex on SR 85 South, and to communicate with the Georgia Department of Transportation (GDOT) about the feasibility and possibility of placing additional signage indicating the presence of a school zone. He reported that the GDOT has visited the area to look at the current signage, and that the GDOT has informed the County they feel there is sufficient signage currently on the SR 85 South corridor with respect to identification of the school zone.
Evaluation of Striping Patterns on SR 93 near the Fayette County/Spalding County Border: County Administrator Jack Krakeel reminded the Board of Commissioner Hearn’s request concerning Lowery Road and SR 92, specifically, the striping patterns on the section of roadway on SR 92 which allows for passing from the Flint River Bridge located at the Fayette County/Spalding County line to the intersection at Lowery Road. He reported the GDOT sent engineers to the site, and that the GDOT has responded to the request saying they feel there is sufficient sight distance to accommodate the passing lane at that location, so there would be no need for any modification to the striping of the roadway. He also reminded the Board of Commissioner Hearn’s request to research the number of vehicular accidents in the area and said staff will gather that information and submit it as additional documentation to the GDOT.
Commissioner Hearn appreciated the information and stated the accidents associated with vehicular passing at that location may be of particular concern to the GDOT, and he asked that the County continue to monitor the performance of that intersection.
Creation of a Weblink
from the County’s Website to the ACCG Website:
The Board consented to authorize staff to create a weblink on the County website to the ACCG website enabling citizens to obtain information regarding the elimination of the HTRG tax credit and how local property taxes are determined.
Bond Closing of the
Water System Revenue Bonds:
ATTORNEY’S REPORT
Lantz Construction Contract for 2009 Waterline Extension Work: County Attorney Scott Bennett reminded the Board that on July 9, 2009 the Board awarded a bid to low bidder, Lantz Construction, for the Waterline Extension work for Fiscal Year 2010, in the amount of $661,550. He said he had the contract, that the performance and surety bonds are in place, and that the contract is ready for the Chairman’s signature if approved.
Commissioner Horgan moved to authorize the Chairman to sign a contract with Lantz Construction for the construction of Water Line Extensions for Fiscal Year 2010 in the amount of $661,550. Commissioner Hearn seconded the motion. The motion passed unanimously.
STAFF REPORTS
There was no Staff Report given.
BOARD REPORTS
Status of the Ethics Complaint: Commissioner Maxwell announced that he emailed County Attorney Scott Bennett asking for an update on the Ethics Complaint process, and asked Mr. Bennett to update the Board.
County Attorney Scott Bennett reported three county
attorneys from
Request to Serve Alcohol at Fayette Senior Services: Chairman Smith announced that the County has received a request from Fayette Senior Services who wishes to have an Oktoberfest, and they are asking for permission to serve, not sell, beer and wine. He asked County Administrator Jack Krakeel to provide additional information regarding the request.
County Administrator Jack Krakeel concurred the County has
received a formal request from the Executive Director of Fayette Senior
Services to host a fund-raising event specifically for the purpose of raising
funds for the therapeutic garden. He
said he explained to Ms. Britt that there are a number of requirements for that
type of event, not the least of which is compliance with State law, which would
require a caterer’s license. Ms. Britt
indicated to Mr. Krakeel that they would be able to accommodate that
requirement with a vendor in the community; however, Mr. Krakeel noted this
request would also require the Board to take specific action with respect to
modification to its ordinance if the request were to be approved. He suggested the
County Attorney Scott Bennett reported that currently the
Mr. Krakeel replied that alcohol would not be sold but would be served in conjunction with a meal that is provided when a person purchases a ticket to the event. He reiterated there would not be actual hands-on sales where one could outright purchase just an alcoholic beverage. Discussion followed.
The Board consented to authorize the
Chairman Smith noted that he would like all of the controls
possible placed in that ordinance limiting the number of times of year, absolutely
no sales of any kind, and a prohibition against having alcohol at times other
then fund-raising events to insure it is not a general issue where alcohol
becomes permitted at county parks or at the boat ramps.
EXECUTIVE SESSION
There was no Executive Session.
ADJOURNMENT
No further business came before the Board, and Chairman Smith adjourned the August 27, 2009 Board of Commissioners Meeting at 8:38 p.m. with no objection from the Board.
_______________________
Floyd L. Jones, Deputy
Clerk