Action Agenda
Board of Commissioners
December 9, 2010
7:00 P.M.
The Board of Commissioners
of Fayette County, Georgia, met in Official Session on December 9, 2010, at
7:00 p.m. in the Public Meeting Room of the Fayette County Administrative
Complex,
Commissioners Present: Jack Smith, Chairman
Commissioner Absent:
Staff Present: Jack Krakeel,
Scott
Bennett,
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Call to Order, Invocation
and Pledge of Allegiance.
Chairman Smith called the
meeting to order and offered an invocation, followed by the Pledge of
Allegiance. He stated that Commissioner Hearn would not be in attendance at the
meeting because of illness.
ACCEPTANCE OF AGENDA:
Commissioner Horgan made a
motion to accept the agenda as published with the exception that staff had
requested that Item 4 under the Consent Agenda be removed. Commissioner Frady
seconded the motion. The vote in favor of the motion was unanimous (4-0). Commissioner Hearn was absent.
PUBLIC HEARING:
A. Consideration of adoption of
Ordinance No. 2010-11, proposed amendments to the Fayette County Code of
Ordinances, by the addition of Chapter 20.
Fayette County Zoning Ordinance, in its entirety, and proposed
amendments to the Fayette County Comprehensive Plan Text and Map. The Planning Commission unanimously
recommended approval 4-0.
Director of Community Development
No one from the public spoke in favor or in
opposition to the adoption of the proposed Ordinance.
Commissioner Frady made a
motion to approve Ordinance 2010-11, enacting a new Fayette County Zoning
Ordinance; to include the Zoning
Ordinance as Chapter 20 of the Fayette County Code; and to approve Resolution
2010-18 which adopts related amendments to the Fayette County Comprehensive
Plan Text and Map; and to authorize the Chairman to execute the Ordinance and
Resolution as adopted. Commissioner Frady seconded the motion. Commissioners Smith, Frady and Horgan voted
in favor of the motion. Commissioner Maxwell opposed the motion. The motion
carried 3-1. Commissioner Hearn was
absent.
PUBLIC COMMENT:
Mr. Harold Bost presented information to
the Board clarifying his official residency, in dispute of a long-time claim
that he had resigned from his position as
Mr. Dennis Chase advised the Board of his
various efforts to discredit Fayette County with state and federal agencies
responsible for permitting and managing public water projects and other
projects requiring environmental monitoring, including the construction of the
West Fayetteville Bypass.
Ms. Eilsey Huston told the Board of her
displeasure with the construction of the
Mr. Steve Smithfield presented the Board with a
written statement of his remarks largely related to his opposition to the West
Fayetteville Bypass. He asked that his written
remarks be made a part of the official record.
Mr. Paul Parchert told the Board he resides
on
Ms. Angela Hinton Fonda made remarks concerning
Item 14 on the Consent Agenda which related to policies of the Human Resources
Department which address scheduled pay increases.
Mr. Paul Irwin told the Board he was a
long-time resident of
Mr. Tom Halpin commented on the remarks made
by Ms. Hinton-Fonda concerning giving pay raises to county employees and
questioned the legality of the provisions proposed in Item 14 of the Consent
Agenda.
CONSENT AGENDA:
Commissioner Horgan made a
motion to approve the Consent Agenda as published with the exception of Items 4
and 14. Commissioner Frady seconded the motion. The vote in favor of the motion
was unanimous (4-0). Commissioner Hearn
was absent.
1. Approval of staff’s recommendation
for a 12-month extension to FY 2010's Bid #734 as approved by the Board of
Commissioners on March 11, 2010 which contracts with Curb Specialist for
miscellaneous concrete work.
2. Approval of staff’s recommendation
for a 12-month extension to FY 2010's Bid #748 as approved by the Board of
Commissioners on April 22, 2010 which contracts with Hanson Aggregates of
Tyrone as the source to purchase course aggregate.
3. Approval of staff’s recommendation
to install an 8' wide asphalt multi-use path along a portion of the West
Fayetteville Bypass (Lester Road section) from Cleveland Elementary to the
intersection of Huiet Road and Old Heritage Road, (SPLOST Project No. R-28).
4. Approval of Sheriff’s Office
request to amend the FY 2011Overtime Budget for the Sheriff’s Office Criminal
Investigations Division by $2,903.48 for reimbursement for employees assigned
to work with various Federal Agencies.
Item 4 was removed upon the
request of staff who advised the Board that the request had been combined with
Item 5.
5. Approval of Sheriff’s Office
request to amend the FY 2011 Overtime Budget for the Sheriff’s Office Criminal
Investigations Division by $5,533.49 for reimbursement for employees assigned
to work with various Federal Agencies.
6. Approval of staff’s request for
permission to dispose of firefighter uniforms that are no longer serviceable.
7. Approval of staff’s request to
increase Fire Services FY 2011 Donations/Miscellaneous Revenue Account by
$1,400 and to increase the Food/Catered Meals Expense Account by $1,400 to
account for donations from various companies.
8. Approval of staff’s request for
permission to accept a grant for WEBEOC Fusion software in the mount of $19,720
from the Georgia Emergency Management Agency’s FY 2010 Homeland Security Grant
Program for sequel software and a server.
9. Approval of staff’s request to
accept an equipment grant funded by the Georgia Trauma Care Network Commission
in the amount of $2,166.
10. Approval of staff’s recommendation to
reappoint Peachtree City Assistant Chief Peki Prince as one of the three
representatives from Fayette County to Region Four EMS Council, said term
effective July 1, 2010 and expiring on June 30, 2012.
11. Approval of Intergovernmental
Agreement with
12. Approval of staff’s request to proceed
with updates to the County’s Policies and Procedures Manual sections for
Eligibility Verification of Non-Citizen Applicants for Benefits, Investments,
Travel, and Budget.
13. Approval of staff’s recommendation to
accept and budget a donation of $100 from Brown’s River Marotti
Company.
14. Approval of staff’s request to proceed with updates and minor modifications to various
Human Resources policies contained within the County’s Policies and Procedures
Manual.
Item 14 was removed upon
the request of Commissioner Maxwell who said that since the item had been
questioned by Ms. Hinton-Fonda under Public Comment, he would like to have the
County Administrator discuss the item with her for clarification and that any needed
action by the Board could be rescheduled for a later meeting.
15. Approval of a request for the County
to abandon a portion of
16. Approval of adoption of Ordinance
2010-12, proposed amendments to Fayette County Code, Chapter 8, Development
Regulations, by amending Article V.
17. Approval of a request from the City of
18. Approval of
19. Approval of Resolution No. 2010-19 to
abandon right-of-way totaling 65 square feet on Melanie Lane.
20. Approval of permanent display
depicting the foundations of American Law and Government for the
21. Approval of appointments to various
boards and committees.
22. Approval of minutes for Board of
Commissioners’ meeting held on November 18, 2010.
OLD BUSINESS:
B. Continued consideration of a request
from the City of
Commissioner Horgan made a
motion to approve an Intergovernmental Agreement between the County and the
City of Fayetteville allowing the two entities to undertake construction of a
transportation project known as Project R-12 The Hood Avenue Connector/SR 92
Realignment and to authorize the Chairman to execute said Agreement.
Commissioner Frady seconded the motion. The vote in favor of the motion was
unanimous (4-0). Commissioner Hearn was
absent.
C. Further discussion of the 2010
Comprehensive Transportation Plan and adoption of Resolution No. 2010-20
supporting the Plan.
Public Works Director Phil
Mallon gave a brief overview of the process that had led to the completion of
the proposed new Comprehensive Transportation Plan. He told the Board that he
would like to have the Board take an action that would accept the Plan as the
County’s base document for transportation planning.
Commissioner Frady made a
motion to adopt Resolution 2010-20 supporting the 2010 Comprehensive
Transportation Plan, its policies, and its project recommendations as the
County’s bas document for transportation planning and authorization for the
Chairman to execute said Resolution. Commissioner Horgan seconded the motion.
The vote in favor of the motion was unanimous (4-0). Commissioner Hearn was absent.
D. Further consideration of staff’s
request from the Sheriff’s Department for funding for repairs in the shower
areas of inmate cell blocks in the jail.
Major Charlie Cowart of the
Sheriff’s Department had further discussion with the Board about the need to
address issues of mold in the shower areas of the
E. Further
consideration of staff’s request from the Sheriff’s Department concerning the
need and cost for bringing the former jail facility into temporary operation.
See Item D above.
NEW BUSINESS:
F. Consideration of staff’s recommendation
to purchase stream and wetland mitigation credits for the West Fayetteville
Bypass Project, Phase 2 (SPLOST No. R-5) from the Flint River Mitigation Bank,
via Mitigation Management, LLC for the amount of $214,086.
Public Works Director Phil
Mallon told the Board that stream and mitigation credits were needed for the
West Fayetteville Project and that quotes had been solicited from four
mitigation banks that had credits available to acquire. He said the recommended
vendor, Flint River Mitigation Bank, offered the best price and had issued a
further discount once it was determined they were the low bidder.
Commissioner Horgan made a
motion to authorize staff to proceed with the purchase of stream and wetland
mitigation credits for Phase II of the West Fayetteville Bypass from the Flint
River Mitigation Bank, utilizing Mitigation Management, LLC, in the amount of
$214,086; and authorization for the Chairman to execute any subsequent required
documents, pending review and approval by the County Attorney. Commissioner Frady seconded the motion. The
vote in favor o th motion
was unanimous (4-0). Commissioner Hearn
was absent.
G. Discussion
of staff’s recommendation for the alignment of Phase 3 of the West Fayetteville
Bypass (SPLOST Project No. R-28b).
Director of Public Works
Phil Mallon presented a preliminary concept map indicating the general route of
the proposed Phase III of the West Fayetteville Bypass Project, identified as
Project No. R-28b in the 2003 Transportation Plan. He reviewed certain details of the route but stressed
that the plan being presented was merely a concept of the general path of the
road and that detailed engineering, roadway design, and traffic studies would
be needed in order for staff to proceed with initiating the project.
Commissioner Horgan made a
motion to accept staff’s recommendation for a concept alignment for
Transportation Project R-28B, known as Phase III of the West Fayetteville
Bypass Project; and authorization to proceed with engaging a design engineer to
develop a traffic study, a preliminary roadway design, schedule, and cost
estimate for the Project. Commissioner Frady seconded the motion. The vote in
favor of the motion was unanimous (4-0).
Commissioner Hearn was absent.
H. Consideration of staff’s
recommendation to abandon and then trade 5,004 sf of
Waterlace Way right-of-way (ROW), 7,130 sf of former
Lester Road ROW and 1,748 sf of County-owned property
in the southwest corner of the Heritage Farm Road and Lester Road intersection.
Public Works Director Phil
Mallon told the Board that he did not have all the information needed for the
Board to take action on the request as presented but that he would like to have
the Board vote to convey 39 square feet of unneeded right-of-way to an adjacent property owner, David Weekley Homes, who had worked with the County in acquiring
right-of-way needed for Phase I of the West Fayetteville Bypass.
Commissioner Frady made a
motion to approve Resolution No. 2010-23, constituting a conveyance of 39
square feet of right-of-way from
I. Consideration to adopt Resolution
No. 2010-21 to approve conveyance of property along Phase I of the West Fayetteville
Bypass.
County Attorney Scott
Bennett advised the Board that as a part of the process of establishing the
final alignment of Phase I of the West Fayetteville Bypass south of State Rout
54, an exchange of property was needed that would allow the County to have what
it needed for the road, and which would provide the owner of the convenience
store near the intersection of Lester Road and Highway 54 with a driveway off
Lester Road. This driveway would be shared by the convenience store and the
Postal facility nearby. The exchange would be of property of equal value and no
exchange of funds would be needed.
Commissioner Horgan made a
motion to approve Resolution No. 2010-21, constituting an exchange of property
between the County and Trogger Enterprises, Inc.
needed to complete a portion of the
J. Consideration of Resolution No.
2010-22 to revise the local legislation pertaining to the Elections Board.
Commissioner Horgan made a
motion to approve Resolution No. 2010-22 supporting the introduction of local
legislation amending certain provisions related to the membership of the
Fayette County Board of Elections, allowing for the confirmation of Board of
Elections members by the Board of Commissioners; and authorization for the
Chairman to execute said Resolution. Commissioner Frady seconded the motion.
Commissioners Smith, Frady and Horgan voted in favor of the motion.
Commissioner Maxwell opposed the motion. The motion carried 3-1. Commissioner Hearn was absent.
K. Discussion of contract renewal for
the
Commissioner Horgan made a
motion at 9:08 p.m. to adjourn to Executive Session to discuss personnel items.
Commissioner Frady seconded the motion and the vote in favor of the motion was
unanimous (4-0). Commissioner Hearn was
absent.
The Board reconvened the
public meeting at 9:24 p.m. Commissioner Horgan made a motion to authorize the
Chairman to execute the required Executive Session Affidavit stating that three
personnel items had been discussed in Executive Session. Commissioner Frady seconded the motion which
passed unanimously (4-0). Commissioner
Hearn was absent.
Commissioner Horgan made a
motion to enter into a new Employment Agreement with Scott Bennett,
Commissioner Horgan made a
motion to enter into a new Employment Agreement with Jack Krakeel,
Commissioner Horgan made a
motion that the
ADMINISTRATOR’S REPORT
None
ATTORNEY’S REPORT
None
STAFF REPORTS
None
BOARD REPORTS
Commissioner Maxwell thanked his fellow Board
members, Constitutional officers, County employees and particularly Jack
Krakeel for working well with him during his term. He said he had enjoyed his
work as a
Chairman Smith said it had been a
pleasure to serve as
Commissioner Frady thanked Mr. Maxwell and
Mr. Smith for their service to
ADJOURNMENT
The meeting adjourned at
9:37 p.m.
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