Fayette Commission eyes Health Department building future, stricter dog tethering rules, and hiring extra legal help

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Two commercial rezoning requests delayed since December are on the agenda for the Fayette County Commission this coming Thursday.

One is for 13 currently undeveloped acres fronting on Ga. Highway 85 north to permit construction of a truck parking facility, and the other for 9 acres to build a self-storage facility fronting Ga. Highway 54 East of Fayetteville.

The board also will choose whether to renovate the old East Fayette Elementary School in Fayetteville to turn it into a new Department of Public Health building. The other option is to reallocate “American Rescue Plan Act (ARPA) funds to Fire/EMS Training Facility, Sheriff’s Tactical Training Course and $1.5M towards renovating the existing Department of Public Health at Stonewall.”

The commission is expected to approve a countywide prohibition against tethering dogs and other animals following the Peachtree City Council’s October 2022 ordinance that imposed strict limits on tethering.

In another arena, the commission has decided to hire an Atlanta law firm, Freeman Mathis & Gary, LLP, “to provide ongoing, general legal services solely related to the representative of the County to provide general legal advice as requested by the County Attorney or Authorized Official of the County and also in defense or prosecution of assigned lawsuits which may be for the County, the County’s officials, the County’s employees or others to whom they provide a defense…”

According to the letter from the county’s current and continuing attorney, Dennis Davenport, “The Firm will only act on behalf of the County as a legal entity. We will not act on behalf of any of its elected officials or employees, unless the Firm is specifically authorized or directed to in writing by the County Attorney, an Authorized Official of the County, or the County’s Insurer, or if such individuals or entities retain our legal services, with the appropriate consent, with each such patty or person also required to execute an Engagement before it becomes valid.”

Davenport is a partner in the Fayetteville firm of McNally, Fox, Grant and Davenport, PC, which has served as the county’s official legal advisor continuously since the early 1980s.

The commission also will make a number of appointments to county boards and consider approving contracts valued at nearly $700,000. 

Here’s the commission’s agenda for Jan. 26:

AGENDA January 26, 2023

5:00 p.m.

Welcome to the meeting of your Fayette County Board of Commissioners. Your participation in County government is appreciated. All regularly scheduled Board meetings are open to the public and are held on the 2nd and 4th Thursday of each month at 5:00 p.m.

Call to Order

Invocation and Pledge of Allegiance by Vice Chairman Edward Gibbons

Acceptance of Agenda

PROCLAMATION/RECOGNITION:

1. Recognition of Thomas “Tom” Waller for his years of service on the Fayette County Zoning Board of Appeals.

2. Presentation from State Court Judge Jason Thompson of the Accountability Court updates and strategic planning efforts for Fiscal Year 2023 and Fiscal Year 2024.

PUBLIC HEARING:

3. Consideration of Petition No. 1326-22; Amina Zakaria, Omar Zakaria, Saed Zakaria & Hassan Zakaria, Owners; Nizam Khan, Applicant, Steven Jones, Attorney, Agent, request to rezone 13.035 acres from O-I to C-H to develop a truck parking facility; property located in Land Lot(s) 233 of the 5th District. This petition was tabled at the December 8, 2022 Board of Commissioners meeting.

4. Consideration of Petition No. 1328-22; Golden Development Company, LLC, Owners; CK Spacemax, LLC, Applicant; Ellen W. Smith, Attorney, Agent, request to rezone 9.022 acres from A-R to C-H to develop a self-storage facility; property located in Land Lot(s) 137 of the 5th District and fronts on Highway 54 East. This petition was tabled at the December 8, 2022 Board of Commissioners meeting.

PUBLIC COMMENT:

Speakers will be given a five (5) minute maximum time limit to speak before the Board of Commissioners about various topics, issues, and concerns. Speakers must direct comments to the Board. Responses are reserved at the discretion of the Board.

CONSENT AGENDA:

5. Approval of the January 12, 2023 Board of Commissioners Meeting Minutes.

OLD BUSINESS:

NEW BUSINESS:

6. Request to approve the Planning Commission Selection Committee’s recommendation to reappoint John Culbreth to the Planning Commission for a term beginning January 1, 2023 and ending December 31, 2025.

7. Request to approve the Planning Commission Selection Committee’s recommendation to appoint John J. Kruzan to the Planning Commission for a term beginning January 1, 2023 and ending December 31, 2025.

8. Request to approve the Zoning Board of Appeals Selection Committee’s recommendation to reappoint John Tate to the Zoning Board of Appeals for a term beginning January 1, 2023 and ending December 31, 2025.

9. Request to approve the Zoning Board of Appeals Selection Committee’s recommendation to appoint Brian Haren to the Zoning Board of Appeals for a term beginning January 1, 2023 and ending December 31, 2025.

10. Request to approve Ordinance 2023-01, to amend Chapter 6 – Animals, Article II. – Keeping Animals; Animal Shelter, Section 6-23. – Restraint of animals – While on property, to include tethering restriction.

11. Discussion and overview of the proposed upgrade to the hardware and software of the Supervisory control and Data Acquisition (SCADA) System for the Water System’s Water Treatment Plants.

12. Request to award Contract #2216-S to J. K. Duren to upgrade the hardware and software of the SCADA (Supervisory Control and Data Acquisition) System in the amount of $60,400.

13. Request to award Contract #2206-S to ITAC/Filter Magic to upgrade the hardware and software of the SCADA (Supervisory Control and Data Acquisition) System in the amount of $140,000.

14. Request to renew the annual agreement with the U.S. Department of the Interior Geological Survey (USGS) for surface water monitoring in the amount of $212,600.

15. Request to renew Contract #1477-S, Renewal 2 for Carbyne, Inc. in the amount of $285,500 to provide maintenance and support for continued operation of the 911 phone system.

16. Request to approve Alternative 1 (ALT 1) or Alternative 2 (ALT 2) as the preferred realignment for the SR 279 Realignment Project – GDOT PI 0017813 (17TAD).

17. Request to approve a Supplemental Agreement with Georgia Department of Transportation (GDOT) to accept an additional $587,976.80 in federal aid for the SR 279 Realignment Project – GDOT PI 0017813 (17TAD), increasing the total funding for the design (PE) phase to $1,000,000.

18. Request to approve Option #1; the renovation of East Fayette Elementary to provide for a new Department of Public Health building or Option #2; the reallocation of American Rescue Plan Act (ARPA) funds to Fire/EMS Training Facility, Sheriff’s Tactical Training Course and $1.5M towards renovating the existing Department of Public Health at Stonewall.

19. Consideration of the “Master Terms and Conditions of Engagement”, from law firm Freeman, Mathis & Gary, LLP, to set forth a clear, mutual understanding of the services provided and the scope, terms and conditions under which those services are to be performed.

ADMINISTRATOR’S REPORTS:

A: Contract #1867-P: Water System Engineer of Record; Task Order #22-12: South Fayette Clearwell Leak Investigation & Roof Assessment; Change Order #1: Clearwell Inspection & Repair

ATTORNEY’S REPORTS:

COMMISSIONERS’ REPORTS:

EXECUTIVE SESSION:

ADJOURNMENT:

1 COMMENT

  1. I like the tethering restrictions. We are getting a certain type of urban influx that that see a certain type of dog as a “masculinity enhancement.” But like their actual masculinity they aren’t sure how to handle it…. best not to put it on a chain out in the cold and rain.