Action Agenda
Board of
Commissioners
October 22,
2009
7:00 P.M.
The Board of Commissioners of Fayette
County, Georgia, met in Official Session on Thursday, October 22, 2009, at 7:00
p.m. in the Public Meeting Room of the Fayette County Administrative Complex,
Commissioners Present:
Lee
Hearn
Robert
Horgan
Eric
Maxwell
Commissioner Absent:
Staff Present: Jack Krakeel,
Scott
Bennett,
Carol
Chandler, Executive Assistant
Karen
Morley, Chief Deputy Clerk
____________________________________________________________________________
Chairman
Smith called the meeting to order.
Commissioner
Hearn offered the Invocation.
Pledge
of Allegiance.
ACCEPTANCE
OF AGENDA : COMMISSIONER
HORGAN MADE A MOTION TO ACCEPT THE AGENDA AS PRESENTED. COMMISSIONER HEARN
SECONDED THE MOTION. THE MOTION CARRIED 4-0 WITH COMMISSIONER FRADY BEING
ABSENT.
PRESENTATION/RECOGNITION:
A. Presentation of Proclamation
designating November 1, 2009 as “Retired Educators Day in
CHAIRMAN
SMITH READ AND THE BOARD PRESENTED A PROCLAMATION DESIGNATING NOVEMBER 1, 2009
AS “RETIRED EDUCATORS DAY IN
B. 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; and request to
Change the Use of Lot 18 from single-family residential to
office-institutional. This property is located in Land Lot 127 of the 5th
District and fronts on SR 54 West. Due to the lack of a full board at the
October 1st Planning Commission meeting, the applicant requested his
petitions be tabled until the November 5th Planning Commission
meeting. The Board of Commissioners should table its hearing of these petitions
until its December 10th meeting.
CHAIRMAN
SMITH ANNOUNCED THAT THE APPLICANT HAD REQUESTED THESE PETITIONS BE TABLED UNTIL THE NOVEMBER 5TH
PLANNING COMMISSION MEETING AND THE BOARD OF COMMISSIONERS SHOULD TABLE ITS
HEARING OF THESE PETITIONS UNTIL ITS DECEMBER 10TH MEETING.
C. Consideration of proposed amendments to the
Fayette County Zoning Ordinance regarding: Article VII. Conditional Uses,
Exceptions, and Modifications, Section 7-6. Transportation Corridor
Overlay, A. SR 54 West Overlay Zone, 4. Architectural Standards, Gasoline
Canopy, and C. General State Route Overlay Zone, 4. Architectural Standards, Gasoline
Canopy. The Planning Commission
unanimously recommended approval 3-0.
COMMISSIONER
HORGAN MADE A MOTION TO APPROVE ORDINANCE NO. 2009-04 FOR AMENDING THE
PUBLIC
COMMENT:
DAVID
WORLEY: David Worley
commented on item E. on tonight’s agenda regarding the proposed de-annexation
of a piece of property consisting of 1.17 acres that was previously annexed by
the City of Peachtree City. He asked for
the Board’s consideration to not take the action that was being proposed.
DONNA
BLACK: Donna Black
remarked that she was with the Firm of Scarborough and Rolader Development. She
also commented on the de-annexation request on tonight’s agenda. She said the
annexation zoning was upheld in court and this was what Mr. Worley was
appealing. She noted that the action
this Firm was seeking was a lawful remedy to provide for these two parcels to
be not considered islands in the County.
KEVIN
CARROLL: Kevin Carroll
commented on a proposal for a roundabout at
CONSENT
AGENDA: CHAIRMAN
SMITH REQUESTED CONSENT ITEM #7 TO BE REMOVED FOR DISCUSSION. COMMISSIONER
HORGAN MADE A MOTION TO APPROVE THE CONSENT AGENDA ITEMS 1-6 AS PRESENTED. COMMISSIONER HEARN SECONDED THE MOTION. THE MOTION CARRIED 4-0 WITH COMMISSIONER FRADY BEING ABSENT.
1. Approval of
Sheriff’s Department request for authorization to dispose of a vehicle seized
through the County’s participation in the State asset forfeiture program and
authorization for the Chairman to execute title paperwork allowing disposal of
the vehicle.
2. Approval of
Sheriff’s Department request to amend revenue and expenditure funds in the
Technical Services Budget Account for the Criminal Investigations Division by
$5,000.00 to cover anticipated overages in the cost of providing subpoenaed
information. The funds would come from
the CID Investigative Services Account.
3. Approval of
Sheriff’s Department request to amend
the Overtime Budget for the Fayette County Sheriff’s Office Criminal
Investigations Division by $2,163.86 for reimbursement for employees assigned
to work with various Federal Agencies.
4. Approval of
Sheriff’s Department request to allow
5. Approval of
recommendations by the Tax Assessor’s Office regarding requests for tax
refunds.
6. Approval of
staff’s request for permission to dispose of firefighter uniforms and turnout
gear that are no longer serviceable.
7. Approval of
minutes for Board of Commissioners’ meetings held on September 24, 2009 and
October 7, 2009.
COMMISSIONER
HORGAN MADE A MOTION TO APPROVE THE MINUTES FOR THE BOARD OF COMMISSIONERS’
MEETING HELD ON SEPTEMBER 24, 2009.
COMMISSIONER HEARN SECONDED THE MOTION.
THE MOTION CARRIED 4-0 WITH COMMISSIONER FRADY BEING ABSENT.
CHAIRMAN
SMITH REMARKED THAT BOTH COMMISSIONER MAXWELL AND COMMISSIONER HEARN WERE
ATTENDING EDUCATIONAL CLASSES ON THAT MEETING DATE AND WOULD NOT BE ABLE TO
VOTE ON THIS ITEM AND ALSO NOTED THAT COMMISSIONER FRADY WAS ABSENT
TONIGHT. HE SUGGESTED THESE MINUTES BE
TABLED FOR A VOTE AT THE NOVEMBER 12TH BOARD MEETING.
OLD
BUSINESS:
D. Consideration of a request from the City
of Peachtree City concerning an annexation application from Southern Pines
Plantation Commercial Group, LLC for an 18 acre tract located in Land Lot 18 of
the 6th District which fronts on S.R. 74 South near
THERE
WAS A CONSENSUS OF THE BOARD THAT NO ACTION WOULD BE TAKEN ON THIS MATTER.
E. Consideration of a request from the City
of Peachtree City concerning an application from
COMMISSIONER
MAXWELL MADE A MOTION TO APPROVE RESOLUTION NO. 2009-16 STATING THAT THE
F. Consideration of a request from staff
for authorization to issue requests for proposals for the replacement of three
ambulances.
COMMISSIONER
HORGAN MADE A MOTION TO AUTHORIZE THE ISSUANCE OF REQUESTS FOR PROPOSALS FOR THE REPLACEMENT OF THREE AMBULANCES. COMMISSIONER HEARN SECONDED THE MOTION. THE MOTION CARRIED 4-0 WITH COMMISSIONER
FRADY BEING ABSENT.
G.
Consideration of Ordinance 2009-05 regarding the use of alcoholic
beverages on specified county property.
COMMISSIONER
MAXWELL MADE A MOTION TO APPROVE ORDINANCE 2009-05 REGARDING THE USE OF
ALCOHOLIC BEVERAGES ON SPECIFIED
NEW
BUSINESS:
H.
Consideration of a request for the Chairman to execute a “Qualified
Energy Conservation Bond Notice of Intent to Issue.”
COMMISSIONER
HORGAN MADE A MOTION TO AUTHORIZE THE CHAIRMAN TO EXECUTE A “QUALIFIED ENERGY
CONSERVATION BOND NOTICE OF INTENT TO ISSUE.” COMMISSIONER HEARN SECONDED THE
MOTION. THE MOTION CARRIED 4-0 WITH
COMMISSIONER FRADY BEING ABSENT.
ADMINISTRATOR’S
REPORT:
NONE.
ATTORNEY’S
REPORT:
NONE.
STAFF
REPORTS:
NONE.
BOARD
REPORTS:
COMMISSIONER
HEARN: Commissioner Hearn requested an update on
the construction process regarding the West Fayetteville Bypass on the first
phase of construction that ties into S.R. 92 at the November 4th
Board of Commissioners Workshop meeting.
EXECUTIVE
SESSION: County Attorney
Scott Bennett requested an Executive Session to discuss real estate acquisition
and litigation matters.
Chairman Smith requested an Executive
Session to discuss personnel matters.
COMMISSIONER
HEARN MADE A MOTION TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS REAL ESTATE
ACQUISITION, LITIGATION AND PERSONNEL MATTERS.
COMMISSIONER HORGAN SECONDED THE MOTION.
THE MOTION CARRIED 4-0 WITH COMMISSIONER FRADY BEING ABSENT.
Chairman Smith reconvened the meeting
at this time.
COMMISSIONER
HORGAN MADE A MOTION TO AUTHORIZE THE CHAIRMAN TO EXECUTE AN EXECUTIVE SESSION
AFFIDAVIT AFFIRMING THAT MATTERS OF REAL ESTATE ACQUISITION, LITIGATION AND
PERSONNEL WERE DISCUSSED IN EXECUTIVE SESSION.
COMMISSIONER HEARN SECONDED THE MOTION. THE MOTION CARRIED 4-0 WITH
COMMISSIONER FRADY BEING ABSENT.
ADJOURNMENT: Hearing no further business to come before the Board,
Chairman Smith adjourned the meeting at 8:38 p.m.
____________________________
Karen Morley, Chief Deputy Clerk