Action Agenda

Board of Commissioners

July 7, 2010

 3:30 P.M.

                                   

The Board of Commissioners of Fayette County, Georgia, met in Official Session on Wednesday, July 7, 2010, at 3:30 p.m. in the Commissioners Conference Room, Suite 100 of the Fayette County Administrative Complex, 140 Stonewall Avenue, Fayetteville, Georgia.

 

            Commissioners Present:                 Jack Smith, Chairman

                                                                        Herb Frady, Vice Chairman

                                                                        Lee Hearn

                                                                        Robert Horgan

           

            Commissioner Absent:                     Eric Maxwell

                                                                                                                                               

            Staff Present:                                    Scott Bennett, County Attorney

                                                                        Carol Chandler, Executive Assistant

                                                                        Karen Morley, Chief Deputy Clerk

 

            Staff Absent:                                      Jack Krakeel, County Administrator              

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3:30:30 PM     

Chairman Smith called the meeting to order.

 

Chairman Smith remarked that Commissioner Maxwell had another commitment and may or may not attend this Board meeting. 

 

3:30:36 PM     

ACCEPTANCE OF AGENDA:  COMMISSIONER HORGAN MADE A MOTION TO APPROVE THE AGENDA AS PRESENTED.  COMMISSIONER HEARN SECONDED THE MOTION.  THE MOTION CARRIED 4-0.  COMMISSIONER MAXWELL WAS ABSENT.       

 

3:31:05 PM                 

CONSENT AGENDA: COMMISSIONER HORGAN MADE A MOTION TO APPROVE CONSENT AGENDA ITEMS 1-5 AS PRESENTED.  COMMISSIONER HEARN SECONDED THE MOTION.  THE MOTION CARRIED 4-0.  COMMISSIONER MAXWELL WAS ABSENT.

 

1.         Approval of staff’s recommendation to continue the Metropolitan North Georgia Planning District Toilet Rebate Program which will allow an additional $20,000.00 in credits to eligible customers and authorization for the Chairman to execute the Memorandum of Agreement.

 

2.         Approval of staff’s recommendation to award Bid #753 to Pittstop Enterprises as the primary vendor and to Liberty Truck Hauling LLC  as the secondary vendor for an annual contract for dump truck hauling services to be used in various construction and road maintenance projects, in an amount not to exceed the FY2011 budgeted amount of $115,000. 

 

3.         Approval of staff’s request for execution of the Qualification Certification Agreement Application, newly required by the Georgia Department of Transportation for Local Government Certification. 

 

4.      Approval of staff’s request that the County enter into the annual FY10 Performance Partnership Agreement and the FY10 Performance Partnership Agreement Grant Award with the Georgia Emergency Management Agency and authorization for the Chairman to execute said agreements.

 

5.       Approval of staff’s recommendation that Breckenridge Phase I; Jefferson Woods VI and Willow Ridge II be designated as street light districts in Fayette County.

 

3:31:29 PM

OLD BUSINESS:

A.         Monthly Update from Public Works Director Phil Mallon on the County’s 2010 Transportation Plan.

 

PUBLIC WORKS DIRECTOR PHIL MALLON UPDATED THE BOARD ON THE COUNTY’S 2010 TRANSPORTATION PLAN.

 

3:55:08 PM     

NEW BUSINESS:

B.         Discussion of the proposed fifth judgeship for the Griffin Judicial Circuit.

 

CHAIRMAN SMITH REMARKED THAT WILL SIMMONS OF THE GRIFFIN JUDICIAL CIRCUIT WAS SUPPOSED TO MAKE A PRESENTATION TO THE BOARD TODAY BUT WAS UNABLE TO ATTEND THIS MEETING.  HE SUGGESTED THIS ITEM BE RESCHEDULED TO THE AUGUST 4TH BOARD WORKSHOP FOR DISCUSSION AT THAT TIME. 

 

3:57:27 PM     

C.        Presentation by the Fayette County Board of Health concerning alternative strategies for the provision of public health services.

 

BOARD OF HEALTH MEMBER LYN REDWOOD AS WELL AS WAYNE MOSS WHO HAD SERVED 35 YEARS ON THE SPALDING COUNTY BOARD OF HEALTH PROVIDED INFORMATION TO THE BOARD CONCERNING ALTERNATIVE STRATEGIES FOR THE PROVISION OF PUBLIC HEALTH SERVICES.

 

CHAIRMAN SMITH RECOMMENDED COUNTY ADMINISTRATOR JACK KRAKEEL REVIEW THIS ITEM AND LET HIM DERIVE A POSITION OF PROS AND CONS.

 

4:31:58 PM     

ADMINISTRATOR’S REPORT: None.  County Administrator Jack Krakeel was absent.

 

4:32:03 PM     

ATTORNEY’S REPORT: County Attorney Scott Bennett commented on S.P.L.O.S.T. funds and the use of S.P.L.O.S.T. funds.  He pointed out that State law which is the Official Code of the State of Georgia Section 48-8-121 was very clear on the use of S.P.L.O.S.T. funds.  He noted that proceeds received from the S.P.L.O.S.T. shall be used by the County qualified municipalities within the special district (the County) who are receiving proceeds from the sale and use tax exclusively for the purpose or purposes specified in the Resolution or Ordinance calling for the imposition of the tax can only be used for those projects included in the S.P.L.O.S.T.  He said there was case law stating that once a project was started in the S.P.L.O.S.T., it was difficult to abandon a project.  He said the courts look at waste.  He commented on the recent case in Walton County, Georgia.  He said if the voters approve a project and it was started, then the project would have to be finished.  He said there was only situation where you would get away from using funds exclusively on the list and that was when the proceeds exceed the project list. 

 

4:45:56 PM     

STAFF REPORTS:

BID #756 FOR FIRE STATION GENERATOR AWARDED TO QUEEN CAPITAL GROUP: Public Safety Director Allen McCullough asked for the Board’s consideration to award Bid #756 for fire station generator that was failing at Station 8 to Queen Capital Group in the amount of $41,800 based on a delivery time of 8 to 10 weeks.  He pointed out that Fire and Emergency Services had requested and was granted an extension until September 15, 2010 which would allow completion of the project by the grant deadline. He noted that the Fire and Emergency Services had been awarded a grant in the amount of $20,900 that would be applied to the total amount.  He said the remaining funds would come out of the Fire Fund. 

 

COMMISSIONER HORGAN MADE A MOTION TO APPROVE STAFF’S RECOMMENDATION TO AWARD BID #756 FOR FIRE STATION GENERATOR TO QUEEN CAPITAL GROUP IN THE AMOUNT OF $41,800.  COMMISSIONER HEARN SECONDED THE MOTION.  THE MOTION CARRIED 4-0.  COMMISSIONER MAXWELL WAS ABSENT. 

 

4:52:21 PM     

WATER SYSTEM - PILOT TESTING COMPANY FOR THE SOUTH FAYETTE WATER TREATMENT PLANT: Water System Director Tony Parrott remarked that Kruger, Inc. had offered the County a reduced contract amount than was previously approved by the Board of Commissioners.  He noted that instead of 4 weeks in the amount of $35,150, Kruger, Inc. was now offering the County 6 weeks of testing in the amount of $18,650 which also includes transportation.  He asked for the Board’s consideration to authorize the Chairman to execute the amended contract with Kruger, Inc. in the amount of $18,650.

 

COMMISSIONER HEARN MADE A MOTION TO AUTHORIZE THE CHAIRMAN TO EXECUTE THE AMENDED CONTRACT WITH KRUGER, INC. IN THE AMOUNT OF $18,650 FOR PILOT TESTING AT THE SOUTH FAYETTE WATER TREATMENT PLANT.  COMMISSIONER HORGAN SECONDED THE MOTION.  THE MOTION CARRIED 4-0.  COMMISSIONER MAXWELL WAS ABSENT. 

 

4:54:53 PM     

BOARD REPORTS:

RESOLUTION NO. 2010-12 OPPOSING UNIONIZATION AND MANDATORY COLLECTIVE BARGAINING LEGISLATION IN THE U.S. CONGRESS: Chairman Smith remarked that the County had been asked to adopt a Resolution opposing the collaborative bargaining for public safety employees.  He asked for the Board’s consideration to adopt and execute this Resolution. 

 

IT WAS THE CONSENSUS OF THE BOARD TO ADOPT RESOLUTION NO. 2010-12 OPPOSING UNIONIZATION AND MANDATORY COLLECTIVE  BARGAINING LEGISLATION IN THE U.S. CONGRESS. 

 

4:58:12 PM

EXECUTIVE SESSION: County Attorney Scott Bennett requested an Executive Session to discuss real estate acquisition. 

 

COMMISSIONER HEARN MADE A MOTION TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS REAL ESTATE ACQUISITION.  COMMISSIONER HORGAN SECONDED THE MOTION.  THE MOTION CARRIED 4-0.  COMMISSIONER MAXWELL WAS ABSENT.

 

COMMISSIONER HORGAN MADE A MOTION TO RECONVENE BACK TO OPEN SESSION.  COMMISSIONER HEARN SECONDED THE MOTION.  THE MOTION CARRIED 4-0.  COMMISSIONER MAXWELL WAS ABSENT. 

 

5:05:55 PM     

Chairman Smith called the meeting back to order and remarked that real estate acquisition had been discussed in Executive Session.

 

COMMISSIONER HEARN MADE A MOTION TO AUTHORIZE THE CHAIRMAN TO EXECUTE THE EXECUTIVE SESSION AFFIDAVIT AFFIRMING THAT REAL ESTATE ACQUISITION WAS DISCUSSED IN EXECUTIVE SESSION.  COMMISSIONER HORGAN SECONDED THE MOTION.  THE MOTION CARRIED 4-0.  COMMISSIONER MAXWELL WAS ABSENT.

 

5:06:45 PM     

ADJOURNMENT: Hearing no further business to come before the Board, Chairman Smith adjourned the meeting at 5:06 p.m.

 

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Karen Morley, Chief Deputy Clerk