Action Agenda
Board of Commissioners
May 26, 2011
7:00 P.M.
The Board of
Commissioners of Fayette County, Georgia, met in Official Session on Thursday,
May 12, 2011, at 7:00 p.m. in the Public Meeting Room of the Fayette County
Administrative Complex,
Commissioners
Present:
J.
Staff Present: Jack
Krakeel,
Scott
Bennett,
Carol
Chandler, Executive Assistant
Floyd
L. Jones, Deputy Clerk
Call to Order, Invocation
and Pledge of Allegiance.
Chairman Frady called the May
26, 2011 Board of Commissioners meeting to Order at 7:01 p.m.
Commissioner Hearn gave the
Invocation and led the Audience in the Pledge of Allegiance.
Acceptance of Agenda.
Chairman Frady asked for New
Business 16 to be removed from the Agenda at the City of
Commissioner Horgan moved to
Accept the Agenda as published excluding New Business 16. Commissioner McCarty seconded the
motion. The motion passed
unanimously.
PUBLIC HEARING
1. Consideration of a Packaged Beer and Wine
License for Chevron Food Mart, 1488 SR 92 South, Fayetteville, Georgia, Ram
Niwas, Inc., Owner, and Jaymin Patel, Applicant. This property is located in Land
Director of Community Development Pete Frisina read
the rules concerning Public Hearings.
No one spoke in favor of or in
opposition to this request.
Commissioner Brown moved to approve the Change of
Ownership request of a Packaged Beer and Wine License for Chevron Food Mart,
1488 SR 92 South, Fayetteville, Georgia, Ram Niwas, Inc., Owner and Jaymin
Patel, Applicant, that is located in Land Lot 256 of the 13th
District, fronts on SR 92 South, and is zoned C-H. Commissioner Horgan seconded the motion. The motion passed unanimously.
TEMPORARY
RECESS
The
Board recessed from 7:06 p.m. until 7:14 p.m. due to an electrical storm and
power outage.
2. Consideration of a Packaged Beer and Wine
License for Flint River Store, 2664 SR 92 South, Fayetteville, Georgia, Larry
and Beverly Corbin, Owners, and Beverly Corbin, Applicant. This property is located in Land
Mr. Larry Corbin spoke in favor of the request. No one else spoke in favor of or in
opposition to this request.
Commissioner Horgan moved to approve the New Location
request for a Packaged Beer and Wine License for Flint River Store, 2664 SR 92
South, Fayetteville, Georgia, Larry and Beverly Corbin, Owners, and Beverly
Corbin Applicant, that is located in Land Lot 117 of the 4th
District, fronts on SR 92 South, and is zoned C-H. Commissioner Hearn seconded the motion. The motion passed unanimously.
3. Consideration of proposed amendments to the
Fayette
Director of Community Development Pete Frisina spoke
briefly about the proposed amendments to the Fayette County Code of
Ordinances. No one else spoke in favor
of or in opposition to this request.
Commissioner Horgan moved to approve the proposed
amendments to the Fayette County Code of Ordinances, Chapter 20. Zoning
Ordinance, Article III. Definitions, Sec. 3-1. and Article V. General
Provisions, Sec. 5-47. Standards for Telecommunications Antennas and
Towers. Commissioner McCarty seconded
the motion. The motion passed
unanimously.
PUBLIC
COMMENT
Steve
Smithfield: Mr. Smithfield spoke
about the appointment of Mr. Addison Lester to the Fayette County Board of
Elections, and the potential implications of that appointment in particular in
relation to the West Fayetteville Bypass.
David
Hall: Mr. Hall spoke in opposition to
the West Fayetteville Bypass, and how the Board’s actions in relation to the
West Fayetteville Bypass are going against the voice of the people. He asked for the Commissioners to “step down”
from their positions.
Gordon
Furr: Mr. Furr told a joke about a
preacher and his horse, and he utilized the joke as a parable about the Board
and its work concerning the West Fayetteville Bypass in general and
Vic
Remeneski: Mr. Remeneski spoke about
the appearance of impropriety at the federal government where constituents in
Congresswoman Nancy Pelosi’s district and Senator Harry Reid’s district are
being exempted from “Obamacare”, and he related the appearance of impropriety
to the Board of Commissioner’s appointment of Mr. Addison Lester, who is the
second cousin of Commissioner
HEARING
4.
Athena
Schwantes has requested a hearing before the Board of Commissioners concerning
a request for tax exemptions (this hearing is not considered a “public
hearing”– no public comment will be
permitted for this agenda item).
Ms. Athena Schwantes and County Attorney Scott Bennett
plead their respective positions before the Board.
Commissioner Brown moved “that the Board award the
exemption dating back to 2007, recognizing her [Ms. Schwantes] sacrifice, using
the powers given to the Board of Commissioners to remedy such matters.” Commissioner McCarty seconded the
motion. Commissioner Brown then read a
statement for the record.
Discussion followed after which Commissioner Brown
withdrew his motion and Commissioner McCarty withdrew his second to the motion.
Commissioner Brown moved to amend his original motion
to award the exemption dating back to the year 2009. Commissioner McCarty seconded the
motion. The motion passed unanimously.
CONSENT
AGENDA
Chairman Frady asked for Consent Agenda Item 13 to be
removed from Consent since Commissioner
Commissioner Brown moved for Consent Agenda Items 6,
8, 11 and 13 to be removed from the Consent Agenda. Commissioner Horgan
seconded the motion. The motion passed
unanimously.
Commissioner Brown moved to approve Consent Agenda
with the exception of Items 6, 8, 11, and 13.
Commissioner Horgan seconded the motion.
The motion passed unanimously.
5. Approval
of staff’s request to transfer $8,000 from Animal Control’s Restricted Donation
Account to the department’s existing Capital Project C-5041 Account for the
purchase of two cat cages.
6. Approval
of staff’s recommendation to award Clearing and Grubbing Bid #789 to the low
bidder, Rhino Services, LLC., in the amount of $87,891.00.
Commissioner Horgan moved to approve Consent Agenda
Item 6. Commissioner Hearn seconded the
motion. The motion passed 3-2 with
Commissioners Brown and McCarty voting in opposition.
7.
Approval
of staff’s request to increase the Library’s Fiscal Year 2011 Donations Revenue
Account and the Subscriptions and Books Expenditure Account by $110.00 to
recognize donations to the Library.
8.
Approval
of staff’s recommendation to award Proposal #788 to Mike Wright & Co.,
d/b/a Wright’s Hydroseeding, establishing an annual contract for the
installation of soil erosion and sediment control measures on various Public
Work projects, in an amount not to exceed $154,586.
Commissioner Horgan moved to approve Consent Agenda
Item 8. Commissioner Hearn seconded the motion.
The motion passed 3-2 with Commissioners Brown and McCarty voting in
opposition.
9.
Approval
of staff’s recommendation to award Bid #787 for dust control on gravel roads to
South Eastern Road Treatment for the application of calcium chloride at the
rate of $0.24 per square yard for a total amount not to exceed $47,648.00.
10.
Approval
of staff’s request to amend the Lakeridge III Street Light District to include
one additional street light.
11.
Approval
of recommendations from the Tax Assessor’s Office regarding requests for tax
refunds.
Commissioner Brown moved to strike the Tax Assessor’s
recommendation pertaining to Ms. Athena Schwantes, and to approve the remainder
of the Tax Assessor’s recommendations as provided. Commissioner McCarty seconded the
motion. The motion passed unanimously.
12.
Approval
of the Sheriff’s Office request to amend the Overtime Budget for the
13. Approval of the Board of Commissioners April
28, 2011 Minutes, the Board of Commissioners May 4, 2011 Workshop Minutes, and
the May 12, 2011 Board of Commissioners Minutes.
Commissioner Horgan moved to approve the Board of
Commissioners April 28, 2011 Minutes and the Board of Commissioners May 4,2011
Workshop Minutes. Commissioner Hearn
seconded the motion. The motion passed
unanimously.
Commissioner Horgan moved to approve the May 12, 2011
Board of Commissioners Minutes.
Commissioner McCarty seconded the motion. The motion passed 4-0-1 with Commissioner
Hearn abstaining from the vote.
NEW
BUSINESS
14. Consideration of staff’s recommendation to
renew the County’s agreement for excess Workers’ Compensation insurance and
claims service with Midwest Employers Casualty Company, for one year, in the
amount of $85,927.
Commissioner Brown moved to approve staff’s
recommendation to renew the County’s agreement for excess Workers’ Compensation
insurance and claims service with Midwest Employers Casualty Company, for one
year, in the amount of $85,927. Chairman
Frady seconded the motion. The motion
passed unanimously.
15. Consideration of a request from staff to
approve Ordinance 2011-04, authorizing the Purchasing Department to purchase
fuel, based on the lowest bid available, at a cost not to exceed $30,000 per
bid in order to minimize the impact of price volatility, and for the Purchasing
Director to provide a quarterly report to the Board concerning fuel purchases.
The Board consented to authorize staff to advertise an
amendment to
16. Consideration of the City of
This item was removed from the
Agenda during the Acceptance of the Agenda.
17. Consideration of staff’s request to allocate
$250,000 of Special Purpose Local Option Sales Tax (SPLOST) 321 funds for the
employment of temporary staff to assist with the construction of the West
Fayetteville Bypass, Phase II (R-5) and other SPLOST projects.
Commissioner Hearn moved to approve staff’s request to
allocate $250,000 of Special Purpose Local Option Sales Tax (SPLOST) 321 funds
for the employment of temporary staff to assist with the construction of the
West Fayetteville Bypass, Phase II (R-5) and other SPLOST projects. Commissioner Horgan seconded the motion. The motion passed 3-2 with Commissioners
Brown and McCarty voting in opposition.
18. Consideration of staff’s recommendation to
award engineering and design services for the proposed Veteran’s
Commissioner Horgan moved to approve staff’s
recommendation to award engineering and design services for the proposed Veteran’s
19. Engineering staff will provide an update on
the proposed design for SPLOST Project FC-15, intersection improvements at
The Board took no action and gave no
direction on this item.
ADMINISTRATOR’S
REPORTS
There
was no Administrator’s Report.
COMMISSIONERS
REPORTS
Commissioner
Commissioner
Chairman
EXECUTIVE
SESSION
County
Attorney Scott Bennett informed the Board that a matter of litigation needed to
be discussed in Executive Session.
Litigation: Commissioner
McCarty moved to recess into Executive Session in order to discuss a matter of
litigation. Commissioner Hearn seconded
the motion. The motion passed
unanimously.
The
Board recessed at 8:56 p.m. and returned to Official Session at 9:03 p.m.
Executive
Session Affidavit: Commissioner Brown
moved to authorize the Chairman to sign an Executive Session Affidavit stating
a matter of litigation was discussed during Executive Session. Commissioner McCarty seconded the
motion. The motion passed unanimously.
ADJOURNMENT
Commissioner
Brown moved to adjourn the May 26, 2011 Board of Commissioners meeting. Commissioner McCarty seconded the
motion. The motion passed unanimously.
The
Board of Commissioners adjourned its May 26, 2011 Meeting at 9:03 p.m.
__________________________________
Floyd L. Jones,
Deputy Clerk