Action
Agenda
Board of Commissioners
May 28, 2009
7:00 P.M.
The Board of Commissioners of Fayette County, Georgia, met
in Official Session on May 28, 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,
Floyd Jones, Deputy Clerk
____________________________________________________________________________________________________________________________________________
Call to Order,
Invocation and Pledge of Allegiance
Chairman Smith called the May 28, 2009 Board of Commissioners meeting to order at 7:03 p.m.
Commissioner Hearn gave the invocation.
Chairman Smith led the audience in the Pledge of Allegiance.
Acceptance of Agenda.
Commissioner Frady moved to approve the agenda as published and Commissioner Maxwell seconded the motion.
Chairman Smith asked for the following changes to be made to the agenda:
Commissioner Frady amended his motion to approve the agenda as published and to approve the changes delineated by the Chairman. Commissioner Maxwell seconded the amended motion. The motion passed unanimously.
Intent to Apply: Clerk of Court
Commissioner Frady moved to approve the Clerk of Court’s
request to approve the Intent to Apply for the JAG grant, for
PUBLIC HEARING:
A.
Presentation
of an update on the Federal Neighborhood Stabilization Program and the grant
awarded to
Community Development Director
Pete Frisina stated this public hearing was required under the Neighborhood
Stabilization Program, or NSP, due to the grant award which was received at the
end of March 2009, and that this hearing required no action from the
Board. He clarified that this public
hearing was to discuss the estimated amount of the grant, how the County
intended to use the money, and what activities would be funded for the benefit
of low, moderate, and middle-income persons.
He explained that the NSP is a two-goal program with the first goal
facilitating the purchase of foreclosed or abandoned homes so they do not fall
into disrepair and the second goal benefitting low, moderate, and middle-income
groups by placing them in housing. Mr.
Frisina next gave a brief history regarding how
Alice Jones: Mrs. Alice
Jones, a resident of
Michael Meyer: Mr. Michael Meyer, a resident of Fayetteville and a former real estate investor, asked if there was any way to make the NSP available to investor or nonowner occupied homes since many of the homes require money after they are purchased and many of the people who quality for these types of homes are not looking for a “fixer-upper”.
Virginia Dunn: Ms. Virginia
Dunn, a resident of
Gordon Furr: Mr. Gordon Furr, a resident of Tyrone, was concerned about purchasing extremely old foreclosed homes since the cost of cleaning the homes would need to be considered. He added old homes contain asbestos and lead and he did not believe the County’s tax dollars would cover those expenses. He said his concern was driven by how he was personally affected by asbestos and lead due to his work around construction all his life and that was why he continually fights for clean air and water.
Larry Furr: Mr. Larry Furr,
a resident of
Mr. Frisina replied that the areas
designated by the DCA for grant funding were concentrated in the northern parts
of Fayette County since the census plots in that area have risk scores of eight
or greater. He added that the County is
trying to expand the area to other portions of the County including
Gloria Furr: Mrs. Gloria Furr, a resident and Council Person of Tyrone, asked what area in Tyrone had been specifically designated for NSP funds. She concluded that was very concerned about the NSP, agreed with Commissioner Maxwell’s concerns, and repeated her original question.
Chairman Smith replied that the original
application included areas from different parts of the County where
foreclosures were significant, but the approved grant did not include most of
the areas that were indicated as qualifying when the County made its original
application. He summarized that the
grant money received by
Tom Waller: Mr. Tom Waller,
a resident of
Mr. Frisina replied that the first half of Mr. Waller’s question was dependent on the amount of money the County expends on an individual house or foreclosed property and that the different periods of affordability could be anywhere from five, ten or fifteen years. He stated the County is trying to stay within the five-year period of affordability and it would be controlled with legal documents and liens on the property. He answered Mr. Waller’s second question saying the Planning and Zoning Department is working on the administrative portion of the NSP and the Finance Department is helping with the financial aspects. He added that the County is also working with lending institutions and the real estate community since they are partners in this endeavor, and those institutions are doing the front-end work by finding foreclosed homes, approving loans for people who can afford to purchase the homes, and by helping with down-payment assistance. Mr. Frisina concluded his presentation by answering more questions from the Board.
B.
Consideration
of a Packaged Beer and Wine License for County Line Country Store, Inc., 2708
SR 92 South, Fayetteville, Georgia, Deborah J. Smith and Marsha Jeanette Dees,
Owners, and Deborah J. Smith, Applicant.
This property is located in Land
No one spoke in favor of or in opposition to this request.
Commissioner Frady moved to approve the Change of Ownership of a Packaged Beer and Wine License for County Line Country Store, Inc., 2708 SR 92 South, Fayetteville, Georgia, Deborah J. Smith and Marsha Jeanette Dees, Owners, and Deborah J. Smith, Applicant. Commissioner Maxwell seconded the motion. The motion passed unanimously.
C.
Consideration
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
Community Development Director Pete Frisina Read the rules for Rezoning Hearings.
Billy Brundage: Mr. Billy Brundage with Brundage Engineering represented Mr. Johnie Williams and announced that Mr. Williams was asking for this item to be tabled until the June 11, 2009 Board of Commissioners meeting since the Planning Commission indicated it would possibly support the petition if it did not encompass all of the entire property as requested but only a portion of the property. He stated that both he and Mr. Williams were evaluating the feasibility of utilizing only a portion of the requested acreage and if they decided to return with a request for reduced acreage they would withdraw the current petition and reapply with a new petition.
Discussion followed regarding whether or not the petition could be tabled for a second time.
The Board consented to table Petition 1213-09 until the June 11, 2009 Board of Commissioners meeting.
D.
Consideration
of Petition 1214-09, Dan V. Stinchcomb, Owner, and Randy Boyd, Agent, request
to rezone 17.938 acres from R-40 to O-I for Office Institutional Uses. This property is located in Land
Randy Boyd: Mr. Randy Boyd represented Dan Stinchcomb and presented petition 1214-09. He said staff had recommended three conditions and had recommended that, due to the existing C-H zoning on the easterly side of Huiet Drive, that the lot size be reduced to coincide with the zoning o the east side where zoning changes from C-H t A-R. He said at the last Planning Commission meeting, although they did not receive approval from the Planning Commission, the Chairman of the Planning Commission, Mr. Powell, suggested it would be nice if the size of the property in question was reduced so it would impact as few lots as possible. He next gave an explanation of his request. He said the benefit of reducing the acreage to 9.967 acres from 17.938 acres is that since it is already zoned R-40, which is one-acre zoning, this would be a better transitional step-down zoning. He said if the land were zoned O-I it would have absolutely no impact on the school system and would help maintain the residential character of the area.
No one else spoke in favor of the petition.
Harry Whitehead: Mr. Harry
Whitehead, a resident of
A.E. Martin: Mr. A.E.
Martin, a resident of
Mr. Boyd said the original
application did not show an entrance off
Chairman Smith asked Public Works
Director Phil Mallon what was the load-bearing capacity of
Chairman Smith summarized saying a request had been presented that follows staff’s recommendation in accordance with Section 11-8 of the Zoning Ordinance and the petitioner has agreed to limit his rear lot-line to be adjacent to the C-H rear line of the property adjoining it across the street.
Commissioner Frady moved to approve Petition 1214-09 with a reduction in acreage from 17.938 acres to 9.967 acres as allowed by Section 11-8 of the Fayette County Zoning Ordinance and in accordance with recommendations of staff. Commissioner Hearn seconded the motion. The motion passed unanimously.
E.
Consideration
of Petition RP-044-09, Jerald Reid, Owner/Agent, request to revise the Final
Plat of Fieldway Subdivision by adding 3.99 acres to allow Lot 1, currently
consisting of 3.00 acres, to be subdivided into a 4.78 acre lot and a 2.212
acre lot. This property is located in
Land
Jerald Reid: Mr. Jerald
Reid, a resident of
No one spoke in opposition to the petition.
Commissioner Horgan moved to approve Petition Number RP-044-09 with two conditions as recommended by staff. Commissioner Frady seconded the motion. Chairman Smith asked Mr. Reid if he was aware of the conditions and agreed to the conditions. Mr. Reid replied he was aware of the conditions and would agree to them. The motion passed unanimously.
F.
Consideration
of proposed amendments to the
This item was tabled earlier in the meeting and will be placed on the June 25, 2009 agenda.
PUBLIC COMMENT:
Commissioner
Mr. Chairman, my fellow Commissioners, Citizens of Fayette
County, and my loyal supporters, I would like to take this moment to express to
all of you my sincerest apology for the negative cloud that now hangs over our
community and the Board because of the incident I was involved in this past
weekend. I can assure you that I will do
everything I can to regain your respect and your trust in my ability to
function as your
Chairman
The incident that occurred during the Memorial Day Weekend
involving County Commissioner
Larry Torley: Mr. Larry Torley, a resident of
Tom Halpih: Mr. Tom Halpih, a resident of
Bob Furhman: Mr. Bob Furhman, a resident of
Dennis Chase: Mr. Dennis Chase, a resident of
Chairman Smith asked County Attorney Scott Bennett if this was proper notification, and Mr. Bennett replied that he had been properly notified.
Connie Thomas: Ms. Connie Thomas, a resident of Lee’s
Patrick Hinchey: Mr. Pat Hinchey, a resident of
Steve Smithfield: Mr. Steve Smithfield, a resident of Lee’s
Gina Alford: Mrs. Gina Alford, a resident of
Larry Furr: Mr. Larry Furr returned to discuss his
opposition to the West Fayetteville Bypass.
He said he lives on
Paul Parchert: Mr. Paul Parchert, a resident of Janice Drive
and a retired Army officer, stated that Army personnel was subjected to
mandatory drug analysis and if he, as an officer, tested positive, he would not
just be asked to resign but would be discharged from the Army. He thought anyone in public office should be
held to those same standards. Mr.
Parchert also spoke in opposition to the West Fayetteville Bypass saying he had
been to every meeting and was unconvinced it would alleviate traffic
congestion. He explained it would only
shift traffic congestion from downtown
Catherine Sanderson: Ms. Catherine Sanderson, a resident of
Gordon Furr: Mr. Gordon Furr returned to speak in
opposition to the West Fayetteville Bypass saying it would only place SPLOST
funds into a sinkhole, stating there were many roads in Fayette County that
could be repaired, questioning what it meant to shorten people’s driveways but
not take their land, protesting against destroying wetlands, and asking if
people’s wells would be destroyed, damaged or dried up by blasting for the new
road. In closing, he suggested that
Chairman Smith should watch the
CONSENT AGENDA:
Chairman Smith reminded the Board that Consent Agenda Items 5 and 6 were removed from the agenda at staff’s request leaving only Consent Agenda Items 1 through 4 and Consent Agenda Item 7 for consideration.
Commissioner Frady moved to approve Consent Agenda Items 1 through 4 and Consent Agenda Item 7. Commissioner Horgan seconded the motion. The motion passed unanimously.
1.
Approval
of the Vehicle Replacement Committee’s recommendation to replace four Ford
Crown Victorias and related worn-out or obsolete equipment used by the Sheriff’s
Department, Field Operations Division.
2.
Approval
of staff’s request to renew the Annual Support Agreement with Data Voice, Inc.,
for telecommunications equipment and software at a cost of $39,996.
3.
Approval
of the Sheriff’s Departments request to amend the Overtime Budget for the
4.
Approval
to allow disposal of four vehicles by the Sheriff’s Department and
authorization to execute necessary tag and title paperwork for the acquisition
of four comparable vehicles.
5.
Consideration
of staff’s recommendation that the request that
6.
Consideration
of staff’s recommendation that the request that
7.
Approval
of staff’s recommendation to declare two vehicles which no longer serve County
purposes as surplus property and to sell both vehicles utilizing the GovDeals
internet website.
OLD BUSINESS:
G.
Consideration
of the proposed alignment of Phase II of the
This item was tabled during the Acceptance of Agenda and will be placed on the June 11, 2009 agenda.
H.
Consideration
of proposed
Mr. Charles McCollum, Chairman of the
Commissioner Frady moved to adopt
the proposed
ADMINISTRATOR’S
REPORT
GDOT
Safe-Routes-to-School Grant: County
Administrator Jack Krakeel announced
Update on sales Tax Revenues: County Administrator Jack Krakeel reminded the Board that earlier this month he reported to the Board that Fayette County’s Sales Tax Revenues had decreased 31% from this time last year, but he was happy to report that the figures, which were received from the Georgia Department of Revenue were incorrect to due to an error in computation. He stated that the reported negative 31% decrease in Sales Tax Revenue was not a positive 25% in Sales Tax Revenue from this time last year.
ATTORNEY’ S REPORT
There was no Attorney’s Report.
STAFF REPORT
Cancellation of the
June 3, 2009 Board of Commissioners Workshop Meeting: Executive Assistant
Commissioner Frady moved to cancel the June 3, 2009 Board of Commissioners Workshop meeting due to a lack of agenda items. Commissioner Hearn seconded the motion. The motion passed unanimously.
BOARD REPORT
Request Concerning the GDOT Safe-Routes-to-School Grant: Commissioner Hearn asked County Administrator Jack Krakeel to “follow-up” on the GDOT Safe-Routes-to-School Grant every two to three months since he was concerned about the extremely long period of time similar projects take and so the progress could continue to be on the “hotlist” until it was completed.
EXECUTIVE SESSION
There was no Executive Session.
ADJOURNMENT
Chairman Smith stated the agenda had been completed, and with out an objection from the Board, he adjourned the May 28, 2009 Board of Commissioners meeting at 9:08 p.m.
______________________________
Floyd L. Jones, Deputy Clerk