Action
Agenda
Board of Commissioners
September 10, 2009
7:00 P.M.
Commissioners
Present:
Staff
Present: Jack
Krakeel,
Carol
Chandler, Executive Assistant
Floyd
L. Jones, Deputy Clerk
Staff
Absent: Scott
Bennett,
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Chairman Smith called the
September 10, 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 Hearn seconded the motion.
The motion passed unanimously.
PRESENTATION/RECOMMENDATION:
A.
Proclamation recognizing September 17-23, 2009 as
“Constitution Week in
Chairman
Smith, on behalf of the Board of Commissioners, proclaimed September 17-23,
2009 as “Constitution Week in
B.
Proclamation recognizing September 19, 2009 as “Honor
Flight Fayette Day”.
The
Board of Commissioners proclaimed September 19, 2009 as “Honor Flight Fayette
Day”.
C.
Recognition of employee Steve Tafoya who has earned
certification as Master Code Professional.
The
Board of Commissioners and Director of Community Development Pete Frisina
recognized employee Steve Tafoya who has earned certification as Master Code
Professional.
PUBLIC COMMENT:
Donald Fowler: Mr. Donald Fowler, a resident of
Richard Price: Mr. Richard Price, a resident of
Bob Ross: Mr. Bob Ross commented on the August 28, 2009
judicial proceeding and subsequent ruling concerning Commissioner
Gene Key: Mr. Gene Key, a resident of
Harold Bost: Mr. Harold Bost began saying it was unfortunate that
Judge Baldwin’s ruling was based on his inability to like Commissioner Horgan’s
“despicable behavior” to his duties as a Commissioner. He added the judge made it clear that
Commissioner Horgan’s behavior violated the State’s and County’s Code of Ethics. He hoped Commissioner Horgan “took to heart”
the judge’s words, and he hoped the judge and prosecutor in Commissioner
Horgan’s criminal case will consider Judge Baldwin’s suggestion to make
resignation from the Commission seat a condition of any probation they may
give. He referred to Commissioner
Horgan’s statement that he was happy with the ruling since it would save the
taxpayers the cost of a special election, but he said the cost to the taxpayer
is the same since the taxpayer will receive nothing for the money the
Commissioner is paid.
Tom Halpin: Mr. Tom Halpin spoke about a comment made at
the August 12, 2009 Board of Commissioners meeting regarding the percentage of
out-of-county vehicles parked at the Fayette Pavilion, and he asked if there
was any documentation showing the percentage of revenue obtained from those
coming to Fayette County from out-of-county to shop. He assumed, based on the number of
out-of-county vehicles parked at the Fayette Pavilion after business hours,
that the vehicles were driven by store employees and that the percentage of revenue
obtained by Fayette County from out-of-county citizens does not equate to, and
is less than, the percentage of out-of-county vehicles parked at Fayette
Pavilion. Secondly, Mr. Halpin was
concerned, based on a newspaper article, that
CONSENT AGENDA:
Commissioner Horgan moved to
approve Consent Agenda Items 1-13.
Commissioner Hearn seconded the motion.
The motion passed unanimously.
1.
Approval of staff’s recommendation that the County
enter into an Intergovernmental Agreement with the Town of Brooks whereby the
Fayette County Board of Elections will act as Superintendent of Elections for
Brook’s Municipal Election to be held on November 3, 2009.
2.
Approval of staff’s recommendation that the County
enter into an Intergovernmental Agreement with the City of Fayetteville whereby
the Fayette County Board of Elections will act as Superintendent of Elections
for Fayetteville’s Municipal Election to be held on November 3, 2009.
3.
Approval of staff’s recommendation that the County
enter into an Intergovernmental Agreement with the City of Peachtree City
whereby the Fayette County Board of Elections will act as Superintendent of
Elections for Peachtree City’s Municipal Election to be held on November 3,
2009.
4.
Approval of staff’s recommendation that the County
enter into an Intergovernmental Agreement with the Town of Tyrone whereby the
Fayette County Board of Elections will act as Superintendent of Elections for
Tyrone’s Municipal Election to be held on November 3, 2009.
5.
Approval of staff’s recommendation that the County
enter into an Intergovernmental Agreement with the Town of Woolsey whereby the
Fayette County Board of Elections will act as Superintendent of Elections for
Woolsey’s Municipal Election to be held on November 3, 2009.
6.
Approval to authorize the execution of Letters of
Agreement between Fayette Count and the Georgia Department of Human Resources
District Four Health Services providing for the development, coordination, and
administration of activities for Fayette County related to the H1N1 virus
(Swine Flu).
7.
Approval of
8.
Approval of staff’s recommendation to declare six
assets which no longer serve County purposes as surplus property and to sell
these items utilizing the GovDeals internet website.
9.
Approval of staff’s request to increase Parks and
Recreations Fiscal Year 2009 Donations Revenue Account by $800.63 and to
increase the Landscaping/Grading Services Expense Account by $800.63 to account
for a donation from Whitewater High School.
10.
Approval of staff’s recommendation to award Bid #715
for Pressure Reducing Valves to the sole bidder, PMC Enterprises, in the amount
of $50,960.00
11.
Approval of staff’s recommendation to award Chemical
Bid #718 to nine companies that were low bidders on items used by the
12.
Approval of the Water Committee’s recommendation to
approve a change to the Water System’s current fencing contract with Trammell
Horton, Inc. for
13.
Approval of August 27, 2009 Board of Commissioners
Minutes.
OLD BUSINESS:
D.
Approval of staff’s recommendation to accept the
proposal from
Commissioner
Horgan moved to approve staff’s recommendation to accept the proposal from
Peach State Ambulance to purchase a Chevrolet Wheeled Coach ambulance as a
replacement of an ambulance damaged in an accident at a cost of $147,619 plus
$2,000 for lettering and installation of two radios. Commissioner Hearn seconded the motion. The motion passed unanimously.
NEW BUSINESS:
E.
Consideration of the Investment Advisor Selection
Committee’s recommendation to engage with MBIA Asset Management for the
County’s investment advisor services.
Commissioner
Hearn moved to authorize the County to engage MBIA Asset Management for the
County’s investment advisor services.
Commissioner Horgan seconded the motion.
The motion passed unanimously.
F.
Consideration of staff’s recommendation to authorize
Mallett Consulting, Inc., to proceed with Professional Engineering Design and
Project Management services for the
Commissioner
Frady moved to authorize Mallett Consulting to proceed with the Professional
Engineering Design and Project Management services for the McIntosh Road Bridge
SPLOST Project in the amount of $182,520 contingent on the commitment of
ADMINISTRATOR’S REPORT
Request from
ATTORNEY’S REPORT
There was no Attorney’s
Report.
Chairman Smith asked for the
record to reflect that County Attorney Scott Bennett was absent from the
meeting since he was attending educational classes in
STAFF REPORTS
Maintenance of Trees at the
Commissioner Hearn moved to
approve the bid from Atlanta Classic Tree Service in the amount of $6,280, to
authorize the use of Georgia Urban Forestry Commission grant funds in the
amount of $3,143 to be applied to the bid amount, and to authorize the balance
of $3,137 to be paid from contingency funds for the purpose of maintaining nine
trees located at the Historic Courthouse Square. Commissioner Horgan seconded the motion. The motion passed unanimously.
Cost for Special Election – SPLOST Referendum: Fayette
County Elections Supervisor Tom Sawyer provided a written report to the Board,
and he spoke about how the Special Election to be held on November 3, 2009
would be conducted as well as potential costs related to the election.
Commissioner Frady moved to
authorize the use of contingency funds not to exceed $35,000 to fund the SPLOST
Referendum, and to approve informational postcard notices to be provided to the
citizens contingent on review and approval by the
Commissioner Frady withdrew
his motion and asked for this topic to be tabled until the September 24, 2009
board of Commissioners meeting. The
Board agreed to Commissioner Frady’s request.
Fayette County Ethics Ordinance Complaint: County Clerk
Carol Chandler updated the Board about the Fayette County Ethics Ordinance
Complaint filed against Commissioner
BOARD REPORTS
Letter to the
He asked the Board for
authorization to write a letter to the Development Authority asking it to
undertake the development of the criteria for determining what would be used in
selecting a college or university in order to make a recommendation to the
Board of Commissioners with the caveat that the Development Authority is
charged to have at least one ex officio member
from the central administration of the School Board to help them in the
effort. The Board gave unanimous consent
to the Chairman’s request.
EXECUTIVE SESSION
Real Estate Acquisition: Commissioner
Horgan moved to adjourn to Executive Session to discuss Real Estate
Acquisition. Commissioner Hearn seconded
the motion. The motion passed
unanimously.
The Board of Commissioners
adjourned to Executive Session at 8:50 p.m. and returned to Official Session at
9:09 p.m.
Executive Session Affidavit: Commissioner
Horgan moved to authorize the Chairman to sign an Executive Session Affidavit
stating Real Estate Acquisition was discussed.
Commissioner Hearn seconded the motion.
The motion passed unanimously.
ADJOURNMENT
No further business came
before the Board, and Chairman Smith adjourned the September 10, 2009 Board of
Commissioners Meeting at 9:09 p.m. with no objection from the Board.
______________________________
Floyd L. Jones, Deputy Clerk