11/12/2020 Agenda

BOARD OF COUNTY COMMISSIONERS FAYETTE COUNTY, GEORGIA Randy Ognio, Chairman Steve Rapson, County Administrator Charles W. Oddo, Vice Chairman Dennis A. Davenport, County Attorney Edward Gibbons Tameca P. Smith, County Clerk Eric K. Maxwell Marlena Edwards, Chief Deputy County Clerk Charles D. Rousseau

140 Stonewall Avenue West Public Meeting Room Fayetteville, GA 30214

AGENDA November 12, 2020 2:00 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 6:30 p.m.

Call to Order Invocation and Pledge of Allegiance by Chairman Randy Ognio Acceptance of Agenda

PROCLAMATION/RECOGNITION:

1. Recognition of Government Finance Officers' Association Certificates of Achievement for Excellence in Financial Reporting for Fayette County's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2019.

(pages 4-6)

2. Recognition of Government Finance Officers' Association Certificates of Achievement for Excellence in Financial Reporting for Fayette County Water System Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2019. (pages 7-9)

3. Recognition of Building Safety Director Steve Tafoya for receiving the International Code Council (ICC) award for Excellence in Public Safety. (page 10)

PUBLIC HEARING:

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:

4. Approval of staff's recommendation to adopt Resolution 2020-11; Updated 2020 Fayette County Hazard Mitigation Plan as required by the Federal Emergency Management Agency's Disaster Mitigation Act of 2000 and to allocate $1,800 to project from General Fund Balance to cover FY2021 expenses. (pages 11-16)

5. Approval of staff's recommendation to amend Contract #1861-S to Sound Principles for change orders #1 and #2 in the amount of $20,916.03 to provide and install A/V equipment in the courtrooms, and to reallocate $21,000 from General Fund Project Contingency to the A/V Upgrades Judicial & Jail project to meet the funding needs for these change orders. (pages 17-25) Agenda November 12, 2020 Page Number 2

6. Approval of the County Clerk's recommendation to adopt the 2021 County Commissioner Meeting Schedule. (pages 26-29)

7. Approval of the October 22, 2020 Board of Commissioners Meeting Minutes. (pages 30-37)

OLD BUSINESS:

NEW BUSINESS:

8. Consideration of staff’s recommendation to purchase the 4.7 acre site adjacent to the Peachtree City Water and Sewerage Authority location for $71,400 which includes the $3,575 earnest money to be paid within five days after the execution of the agreement. (pages 38-51)

9. Consideration of staff's recommendation to approve the bid from Blount Construction Company, Inc. for Bid #1873-B HA 5, High Density Mineral Bond in the amount of $255,078.84. (pages 52-55)

10. Consideration of staff's recommendation to approve the bid from Asphalt Paving Systems, Inc. for Bid #1870-B Micro Surfacing in the amount of $457,577.08. (pages 56-60)

11. Consideration of staff's recommendation to approve Change Order #1 request from contractor, C.W. Matthews Contracting Co., in the amount of $259,682.50 for the Sandy Creek Road portion of the Fayette County Resurfacing FY 2019 Project (2017 SPLOST 19TAF and GDOT PI 0016058). (pages 61-65)

12. Consideration of staff's recommendation to award Bid #1844-B, Redwine Road & Starrs Mill School Complex Multi-Use Path project (SPLOST 17TAH) to A1 Contracting, LLC. in the amount of $1,460,196.00 and approval for the Chairman to execute related agreements, as needed, with the Georgia Department of Transportation (GDOT) to issue a Notice to Proceed. (pages 66-70)

13. Consideration of the approval to direct the county attorney to prepare resolutions for the purpose stated to be presented in the 2020 Legislative Package to the Georgia General Assembly for consideration at its upcoming session: (page 71)

A. Support of the 2021 Policy Agenda of the Association County Commissioners of Georgia (ACCG) B. Objection to Reducing the State’s Healthcare Budget During a National Pandemic or State of Emergency C. Statewide Review/Revision of Citizen’s Arrest Laws in the State of Georgia D. Fluoride resolution to provide that communities may impose or remove fluoridation by referendum under certain circumstances.

ADMINISTRATOR’S REPORTS: A. Contract #1504-P; Public Works Engineer of Record – Task Order 3: 130 Darren Drive Culvert Replacement – Change Order 2: GDOT Bridge Foundation Investigation (pages 72-73)

ATTORNEY’S REPORTS:

COMMISSIONERS’ REPORTS:

In accordance with the Americans With Disabilities Act, accommodations are available for those who are hearing impaired and/or in need of a wheelchair. The Board of Commissioners Agenda and supporting material for each item is available on-line through the County’s website at www.fayettecountyga.gov. This meeting will be telecast on Comcast Cable Channel 23 and on the internet at www.livestream.com . Agenda November 12, 2020 Page Number 3

EXECUTIVE SESSION:

ADJOURNMENT:

Department: Administration Presenter(s): Steve Rapson, County Administrator

Meeting Date: Thursday, November 12, 2020 Type of Request: Proclamation/Recognition #1 Wording for the Agenda: Recognition of Government Finance Officers' Association Certificates of Achievement for Excellence in Financial Reporting for Fayette County's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2019.

Background/History/Details: This is the 27th consecutive year Fayette County has received this award from Government Finance Officers' Association (GFOA). To achieve this recognition, an impartial panel of finance professionals examine the CAFR and judge compliance with the high standards set by GFOA. The report must demonstrate full disclosure which clearly communicates the County's financial story.

GFOA is a prestigious nonprofit professional association serving over 17,500 government professionals throughout North America. It is considered the gatekeeper for monitoring and recommending improvements to government financial reporting and consistently influences changes in reporting standards that "raise the bar" for government entities.

What action are you seeking from the Board of Commissioners? Recognition of Government Finance Officers' Association Certificates of Achievement for Excellence in Financial Reporting for Fayette County's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2019.

If this item requires funding, please describe: Not applicable.

Has this request been considered within the past two years? Yes If so, when? June 28, 2018

Is Audio-Visual Equipment Required for this Request?* No Backup Provided with Request? Yes

* All audio-visual material must be submitted to the County Clerk's Office no later than 48 hours prior to the meeting. It is also your department's responsibility to ensure all third-party audio-visual material is submitted at least 48 hours in advance.

Approved by Finance Yes Reviewed by Legal

Approved by Purchasing Not Applicable County Clerk's Approval Yes

Administrator's Approval Staff Notes: Page 5 of 73

10/27/2020 Steven Rapson County Administrator Fayette County, Georgia

Dear Mr. Rapson:

We are pleased to notify you that your comprehensive annual financial report (CAFR) for the fiscal year ended June 30, 2019 qualifies for GFOA's Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.

When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement (AFRA) is also presented to the individual(s) or department designated by the government as primarily responsible for its having earned the Certificate. This award has been sent to the submitter as designated on the application.

We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and give appropriate publicity to this notable achievement. A sample news release is included to assist with this effort.

We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting.

Sincerely,

Michele Mark Levine Director, Technical Services Page 6 of 73

FOR IMMEDIATE RELEASE

10/27/2020 For more information contact: Michele Mark Levine, Director/TSC Phone: (312) 977-9700 Fax: (312) 977-4806 Email: [email protected]

(Chicago, Illinois)—Government Finance Officers Association of the United States and Canada (GFOA) has awarded the Certificate of Achievement for Excellence in Financial Reporting to Fayette County for its comprehensive annual financial report (CAFR) for the fiscal year ended June 30, 2019. The CAFR has been judged by an impartial panel to meet the high standards of the program, which includes demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR.

The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.

Government Finance Officers Association (GFOA) advances excellence in government finance by providing best practices, professional development, resources, and practical research for more than 21,000 members and the communities they serve. COUNTY AGENDA REQUEST Page 7 of 73

Department: Administration Presenter(s): Steve Rapson, County Administrator

Meeting Date: Thursday, November 12, 2020 Type of Request: Proclamation/Recognition #2 Wording for the Agenda: Recognition of Government Finance Officers' Association Certificates of Achievement for Excellence in Financial Reporting for Fayette County Water System Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2019.

What action are you seeking from the Board of Commissioners? Recognition of Government Finance Officers' Association Certificates of Achievement for Excellence in Financial Reporting for Fayette County Water System Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2019.

If this item requires funding, please describe: Not applicable.

Has this request been considered within the past two years? Yes If so, when? June 28, 2018

Is Audio-Visual Equipment Required for this Request?* No Backup Provided with Request? Yes

Approved by Finance Yes Reviewed by Legal

Approved by Purchasing Not Applicable County Clerk's Approval Yes

Administrator's Approval Staff Notes: Page 8 of 73

10/13/2020 Steven Rapson Administrator Fayette County Water System, Georgia

Dear Mr. Rapson:

We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting.

Sincerely,

Michele Mark Levine Director, Technical Services Page 9 of 73

FOR IMMEDIATE RELEASE

10/13/2020 For more information contact: Michele Mark Levine, Director/TSC Phone: (312) 977-9700 Fax: (312) 977-4806 Email: [email protected]

(Chicago, Illinois)—Government Finance Officers Association of the United States and Canada (GFOA) has awarded the Certificate of Achievement for Excellence in Financial Reporting to Fayette County Water System for its comprehensive annual financial report (CAFR) for the fiscal year ended June 30, 2019. The CAFR has been judged by an impartial panel to meet the high standards of the program, which includes demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR.

Department: Administration Presenter(s): Steve Rapson, County Administrator

Meeting Date: Thursday, November 12, 2020 Type of Request: Proclamation/Recognition #3 Wording for the Agenda: Recognition of Building Safety Director Steve Tafoya for receiving the International Code Council (ICC) award for Excellence in Public Safety.

Background/History/Details: International Code Council (ICC) EXCELLENCE IN PUBLIC SAFETY AWARD:

Presented to a member of the building industry who consistently demonstrates the qualities of integrity, professionalism and dedication in his or her services to the profession and whose personal standards represent the spirit of public service to the development of codes and standards in the interest of public safety.

This award is given to one selected member of the ICC after going through a selection process narrowed down to 7-12 of the most elite members of the ICC community which includes thousands of members.

What action are you seeking from the Board of Commissioners? Recognition of Building Safety Director Steve Tafoya for receiving the International Code Council (ICC) award for Excellence in Public Safety.

If this item requires funding, please describe:

Has this request been considered within the past two years? No If so, when?

Is Audio-Visual Equipment Required for this Request?* No Backup Provided with Request? Yes

Approved by Finance Not Applicable Reviewed by Legal

Approved by Purchasing Not Applicable County Clerk's Approval Yes

Administrator's Approval Staff Notes: Page 11 of 73 COUNTY AGENDA REQUEST

Department: Fire and Emergency ServicesPresenter(s): Jeffrey W. Hill, Interim Fire Chief

Meeting Date: Thursday, November 12, 2020 Type of Request: Consent #4 Wording for the Agenda: Approval of staff's recommendation to adopt Resolution 2020-11; Updated 2020 Fayette County Hazard Mitigation Plan as required by the Federal Emergency Management Agency's Disaster Mitigation Act of 2000 and to allocate $1,800 to project from General Fund Balance to cover FY2021 expenses. Background/History/Details: Hazard Mitigation is any sustained action taken to reduce or eliminate the long-term risk to human life and property from future disasters. Mitigation plans identify natural and/or man-made hazards that could impact Fayette County, identify actions to reduce losses from those hazards, and establish a coordinated process to implement the plan (44 CFR §201.1(b). Hazard mitigation activities may be implemented prior to, during, or after an event. However, it has been demonstrated that hazard mitigation is most effective when based on an inclusive, comprehensive, long-term plan that is developed before a disaster occurs. The 2020 Fayette County Hazard Mitigation Plan encompasses all of Fayette County and its five municipalities.

The current plan was developed in 2005 and must be revised every five years. Staff, the municipalities, and numerous community stakeholders have invested many hours to complete this revision based on past plans and revisions. Federal Emergency Management Agency (FEMA) and Georgia Emergency Management Agency (GEMA) provided funding for the update of this plan in the form of a 75% / 25% matching grant.

A federally approved and compliant plan is required for Fayette County and its municipalities to remain eligible for future Federal Emergency Management grant funding. What action are you seeking from the Board of Commissioners? Approval of staff's recommendation to adopt Resolution 2020-11; Updated 2020 Fayette County Hazard Mitigation Plan as required by the Federal Emergency Management Agency's Disaster Mitigation Act of 2000 and to allocate $1,800 to project from General Fund Balance to cover FY2021 expenses.

If this item requires funding, please describe: Request $1,800 to be allocated to 10030930-521316-G810D from GF Fund Balance. Total cost for Plan update is $32,224.37 (includes salary). Grant reimbursement = $24,168.27 (75%) Federal, $3,222.44 (10%) State = $27,390.71.

Has this request been considered within the past two years? No If so, when?

Is Audio-Visual Equipment Required for this Request?* No Backup Provided with Request? Yes

Approved by Finance Yes Reviewed by Legal

Approved by Purchasing Yes County Clerk's Approval Yes

Administrator's Approval Staff Notes: The Hazard Mitigation Plan is several hundred pages long and is not practicable for inclusion with the Agenda Package. The plan is available to be viewed on the County's website at: https://fayettecountyga.gov/fire_ems/Hazard_Mitigation_plan.htm and selecting "2020 Hazard Mitigation Plan Update - Final Draft" Page 12 of 73

RESOLUTION 2020-11 – FAYETTE COUNTY, GEORGIA

FAYETTE COUNTY HAZARD MITIGATION PLAN 2020-2025

WHEREAS, Fayette County and its municipalities recognize that it is threatened by several different types of natural and man-made hazards that can result in loss of life, property loss, economic hardship and threats to public health and safety; and

WHEREAS, the Federal Emergency Management Agency (FEMA) has required that every county and municipality have a pre-disaster mitigation plan in place, and requires the adoption of such plans in order to receive funding from the Hazard Mitigation Grant Program; and

WHEREAS, a Hazard Mitigation Plan is a community’s plan for evaluating hazards, identifying resources and capabilities, selecting appropriate actions, and developing and implementing the preferred mitigation actions to eliminate or reduce future damage in order to protect the health, safety and welfare of the residents in the community; and

WHEREAS, the Fayette County Hazard Mitigation Plan 2020 – 2025 has been prepared in accordance with FEMA requirements at 44 CFR 201.6; and

WHEREAS, the Plan will be updated every five years;

NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Fayette County, Georgia, that:

1) Fayette County, Georgia, hereby adopts the Fayette County Hazard Mitigation Plan 2020 - 2025 attached hereto as Exhibit “A” with said Exhibit “A” incorporated in this resolution in its entirety by this reference; and

2) It is intended that the Plan be a working document and is the first of many steps toward improving rational, long-range mitigation planning and budgeting for Fayette County and its municipalities.

PASSED, APPROVED AND ADOPTED by the Fayette County Board of Commissioners in regular session this ______day of ______, 2020.

______Chairperson County Clerk

(SEAL) Page 13 of 73

Exhibit "A"

FAYETTE COUNTY HAZARD MITIGATION PLAN UPDATE 2020 - 2025 Fayette County Emergency Management Agency

Lux Mitigation and Planning Corp. Page 14 of 73 Fayette County Hazard Mitigation Plan Update 2020

Fayette County, Georgia Hazard Mitigation Plan Update 2020 – 2025

Prepared for the Fayette County Board of Commissioners 140 Stonewall Avenue West, Suite 100 Fayetteville, Georgia 30214 770.305.5200 www.fayettecountyga.gov

1 | Page

Page 15 of 73 Fayette County Hazard Mitigation Plan Update 2020

Fayette County’s Hazard Mitigation Plan Update 2020

This document was funded in part by the Hazard Mitigation Planning Grant awarded to the Fayette County Emergency Management Agency by the Georgia Emergency Management Agency (GEMA) to fulfill the requirements of the Federal Disaster Mitigation Act of 2000 (DMA 2000). Fayette County’s Hazard Mitigation Plan 2015 was updated by the Fayette County Hazard Mitigation Plan Update Committee and was prepared by Lux Mitigation and Planning Corp. For additional information, please contact Fayette County Emergency Management Agency.

Director Mike Singleton Fayette County Emergency Management Agency 140 West Stonewall Avenue, Suite 214 Fayetteville, Georgia 30214 [email protected] 770.305.5169

2 | Page

Page 16 of 73 EXHIBIT “G”

Date: September 1, 2020

Fayette County HMGP Progress Payment Request

Instructions: All requests for progress payments must be supported by documentation supporting actual expenditures. Itemize each expenditure below to the fullest detail possible, including a reference to specific sites or elements of work. Attach documentation that supports this progress payment request, such as copies of bills of sale, invoices, receipts, and checks evidencing payment. Do not send originals. Attach a continuation sheet if necessary.

AGREEMENT NUMBER: HHM284013 FEMA Project Number: 4284-0007

SUBGRANTEE NAME: Fayette County GMS ID Number: HHM284013

Site Reference or Approved Previous Current Description of Documentation Attached Element of Work Amount Payment Request in Support of this Payment Request

Fees / Contractor $18,000 $0 $18,000 Invoice #1 - $2,700: Paid Check #201257 Invoice #2 - $3,600: Paid Check #202615 Invoice #3 - $4,500: Paid Check #204616 Invoice #4 - $5,400: Paid Check #208155 Invoice #5 - $1,800: Paid Check #

Labor $6,000 $0 $14,224.37 Labor Match Spreadsheets Page 1: $3,969.10 Page 2: $4,447.65 Page 3: $4,543.53 Page 4: $1,264.09

SUBTOTAL $32,224.37 TOTAL $32,224.37

Less Subgrantee Share (15%) $4,833.66

NET AMOUNT REQUESTED $27,390.71

Under penalty of perjury, I certify that to the best of my knowledge the data above is correct and that all outlays were made in accordance with the grant conditions, comply with procurement regulations contained within the 44 CFR, Part 13, and that payment is due and has not been previously requested. I am familiar with Section 317 of Public Law 93-288, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

______Signature of Subgrantee’s Authorized Representative (and printed name)

11/5/2020 1

COUNTY AGENDA REQUEST Page 17 of 73

Department: Finance Presenter(s): Steve Rapson, County Administrator

Meeting Date: Thursday, November 12, 2020 Type of Request: Consent #5 Wording for the Agenda: Approval of staff's recommendation to amend Contract #1861-S to Sound Principles for change orders #1 and #2 in the amount of $20,916.03 to provide and install A/V equipment in the courtrooms, and to reallocate $21,000 from General Fund Project Contingency to the A/V Upgrades Judicial & Jail project to meet the funding needs for these change orders. Background/History/Details: Initial funding for this project, $80,000, was approved at the August 27, 2020 BOC meeting. The CIP project was created to fund A/V equipment upgrades in the courtrooms and the jail. Staff is recommending two subsequent change orders: Change Order #1 - Deductive change order to remove the original project scope of work for the State Court Jury Room Change Order #2 - Additional change order to add State Court Jury Room, State Court Room D, Superior Court Rooms A, B, & C, as well as the Magistrate Court Rooms.

Project 212AB Original Budget $80,000 Contract Amount $79,504 Change Order #1 ($16,939) Change Order #2 $37,855 New Contract Amount $100,420

The original contract amount, $79,504, plus recommended change orders equals a new contract amount of $100,420. What action are you seeking from the Board of Commissioners? Approval of staff's recommendation to amend Contract #1861-S to Sound Principles for change orders #1 and #2 in the amount of $20,916.03 to provide and install A/V equipment in the courtrooms, and to reallocate $21,000 from General Fund Project Contingency to the A/V Upgrades Judicial & Jail project to meet the funding needs for these change orders.

If this item requires funding, please describe: The additional $21,000 needed for this project will be funded from the General Fund Project Contingency account. The balance in this account is $338,221.

Has this request been considered within the past two years? No If so, when?

Is Audio-Visual Equipment Required for this Request?* No Backup Provided with Request? Yes

Approved by Finance Yes Reviewed by Legal

Approved by Purchasing Yes County Clerk's Approval Yes

Administrator's Approval Staff Notes: Page 18 of 73 Page 19 of 73 Page 20 of 73 Page 21 of 73 Page 22 of 73 Page 23 of 73 Page 24 of 73 Page 25 of 73 COUNTY AGENDA REQUEST Page 26 of 73

Department: Board of CommissionersPresenter(s): Tameca P. Smith, County Clerk

Meeting Date: Thursday, November 12, 2020Type of Request: Consent #6 Wording for the Agenda: Approval of the County Clerk's recommendation to adopt the 2021 County Commissioner Meeting Schedule.

Background/History/Details: Each year, the Board of Commissioners formally adopts its meeting schedule. The meeting schedule is then distributed to citizens, the media, and to staff. The adopted meeting schedule is also added to the County's website for reference.

Typically, the months of November and December have only one meeting per month, as the second Thursday of each month falls on a nationally recognized holiday.

Meetings that are moved to Tuesday are to accommodate the ACCG training schedule for 2021 and allow for safer travel. Those with certification must acquire 18 hours of continuing education to maintain certification.

Proposed meeting time for the November 12 and December 10 meeting is 2:00 p.m.

What action are you seeking from the Board of Commissioners? Approval to adopt the 2021 County Commissioner Meeting Schedule.

If this item requires funding, please describe: Not Applicable.

Has this request been considered within the past two years? No If so, when?

Is Audio-Visual Equipment Required for this Request?* No Backup Provided with Request? Yes

Approved by Finance Not Applicable Reviewed by Legal

Approved by Purchasing Not ApplicableCounty Clerk's Approval Yes

Administrator's Approval Staff Notes: Page 27 of 73

2021 MEETING SCHEDULE

REGULAR MEETINGS ARE HELD ON THE 2ND AND 4TH THURSDAY OF EACH MONTH AT 6:30 P.M. AND ARE HELD AT 140 STONEWALL AVENUE WEST, PUBLIC MEETING ROOM, FAYETTEVILLE, GA 30214 Agendas for these “Regular” meetings can include any subject but in particular, matters of interest to the general public such as public hearings on rezoning petitions, budget discussions, and requests from County Departments that require action by the Board, etc. Thursday meetings include a time for “Public Comment” when attendees can speak for up-to 5 minutes to the Board on any subject not on the meeting’s agenda. Meetings are open to the public and are sometimes attended by members of the Press. Canceled meetings, special called meetings and special topic workshops are announced in accordance with requirements of State law. *PLEASE NOTE THAT DURING THE MONTHS OF NOVEMBER AND DECEMBER, MEETING DATES ARE ALTERED TO ACCOMMODATE THE HOLIDAY SCHEDULES.

DATE TIME NOTES DATE TIME NOTES January 14 6:30 p.m. Organizational July 8 6:30 p.m. Meeting January 28 6:30 p.m. July 22 6:30 p.m.

February 11 6:30 p.m. August 12 6:30 p.m.

February 25 6:30 p.m. August 26 6:30 p.m.

March 11 6:30 p.m. September 9 6:30 p.m.

March 25 6:30 p.m. September 23 6:30 p.m.

April 8 6:30 p.m. October 14 6:30 p.m.

April 20 6:30 p.m. ACCG Annual October 28 6:30 p.m. Tuesday Conference April 23-26 May 13 6:30 p.m. November 11 2:00 p.m.

May 27 6:30 p.m. *November 25 No Thanksgiving Meeting Day June 10 6:30 p.m. December 9 2:00 p.m.

June 24 6:30 p.m. *December 23 No Christmas Meeting Holiday

SUMMER LLA SESSION Great Wolf Lodge / LaGrange / Troup County August 20-21, 2020 Page 28 of 73 • CORE: Leadership Institute (both days) • CORE: Economic Development (Aug. 20) • CORE: Human Resources (Aug. 21)

Lifelong INAUGURAL ON-LINE CLASSES* Learning September 30, 2020— Specialty: Developing Financial Policies (RF) October 2, 2020—Specialty: Using Incentives for Econ. Development (ECD) Academy October 22, 2020—CORE: County Government Finance October 23, 2020– Specialty: Commission and Staff Relations (COM) *Only one (1) online class, per person.

Substitute / REVISED FALL SESSION I UGA Gwinnett Campus / Lawrenceville / Gwinnett County Education Calendar October 15-16, 2020

Revised August 2020 October 15th & 16th: • CORE: Property Appraisal & Taxation (both days)

Offered Jointly with October 15th: • Specialty: Building Your City-County Relationships (IR)

October 16th: • Specialty: Understanding Leadership Styles (LD)

CANCELLATIONS: FALL SESSION II Macon Marriott City Center / Macon / Macon-Bibb County ANNUAL CONFERENCE—CANCELLED November 19-20, 2020 Savannah Convention Center / Savannah / Chatham County April 24-27, 2020 November 19th: • Specialty: Debt Financing (RF) SUMMER TRAINING—CANCELLED • Specialty: Shaping a Healthy Community (QL/SI)

Callaway Gardens / Pine Mountain / Harris County November 20th: June 11-12, 2020 • CORE: Ethics • Specialty: Mental Health & the Criminal Justice System (PS) LEADERSHIP INSTITUTE—CANCELLED • Specialty: Navigating Change (CE) Union County Community Center / Blairsville / Union County July 15-17, 2020 NEWLY ELECTED COMMISSIONERS CONFERENCE (NECC) UGA Georgia Center / Athens / Athens-Clarke County LEGISLATIVE LEADERSHIP CONFERENCE (LLC) - CANCELLED* December 2-4, 2020 Jekyll Island / Glynn County More details coming soon…. September 30 - October 2, 2020 *Although LLC has been cancelled, a VIRTUAL vote will take place for the 2021 ACCG Policy Agenda. Please visit www.accg.org for IMPORTANT NOTE: All ACCG events are subject to change / cancellation. details and deadlines. Counties will be notified of any changes or cancellations as soon as they arise.

Continue reading for newly added LLA class offerings... (Continued on next page)

Please Note: Specialty Track Codes ACCG will make every effort to keep the class schedule as it is CE – Citizen Engagement here. However, from time to time, there could be changes COM – County Operations & Management made. Please watch the final registration for final details. ECD – Economic & Community Development Class size may be limited – watch the individual session IR – Intergovernmental Relations registrations for this information. LD – Leadership Development ACCG Attendance Policy: Participants must attend the entire PS – Public Safety class to receive credit. Partial credit will not be awarded. QL/SI – Quality of Life/Social Issues RF – Revenue & Finance Page 29 of 73

2021 ACCG ANNUAL CONFERENCE April 23-26, 2021 Savannah Convention Center / Chatham County QUESTIONS? Feel free to contact us! CERTIFICATION HOURS • To receive CORE Certification, participants must complete 9 required courses covering 66 hours. Upon completion county commissioners achieve the status of “Certified County Commissioner” and are eligible for a $100 monthly stipend Jeff Christie from their county. ACCG Leadership Development Director • To obtain Specialty Track Certification, participants must complete eight (8) courses in the track, a minimum of 5 must (706) 340-9597, [email protected] be primary courses with a maximum of 3 courses that are designated as cross-over courses. Nicole Logan

ACCG Leadership Development Coordinator CONTINUING EDUCATION (404) 589-7842, [email protected] In order to maintain core and specialty certifications, commissioners who took office on or after January 1, 2013 are required to earn 18 hours of continuing education annually. These hours can be earned by taking additional specialty courses and attending ACCG conferences and meetings including district meetings and policy committee meetings. Commissioners who took office prior to this date are also strongly encouraged to participate in continuing education opportunities. * NOTE: The ACCG Board of Managers voted on May 1, 2020, to rescind this requirement for 2020 and until further notice.

WATCH YOUR PROGRESS! Keep up with your ACCG Lifelong Learning Academy record through the ACCG Dashboard. • If you were elected prior to 2012, your user ID is the first letter of your first name and your full last name, and your password is your county’s name. These should be all lower case. (For example, you are fictional commissioner John Doe from Campbell County. Your user ID would be jdoe, your password would be campbell.) • If you were elected in 2012 or later, your user ID is the first two letters of your first name and your full last name, and your password is your county’s name. These should be all lower case. (For example, you are fictional commissioner John Doe from Campbell County. Your user ID would be jodoe, your password campbell.) Consent #7 Page 30 of 73 BOARD OF COUNTY COMMISSIONERS FAYETTE COUNTY, GEORGIA Randy Ognio, Chairman Steve Rapson, County Administrator Charles W. Oddo, Vice Chairman Dennis A. Davenport, County Attorney Edward Gibbons Tameca P. Smith, County Clerk Eric K. Maxwell Marlena Edwards, Chief Deputy County Clerk Charles D. Rousseau

140 Stonewall Avenue West Public Meeting Room Fayetteville, GA 30214

MINUTES October 22, 2020 6:30 p.m.

Call to Order Chairman Randy Ognio called the October 22, 2020 Board of Commissioners meeting to order at 6:30 p.m. A quorum of the Board was present. Commissioner Charles Rousseau attended the meeting virtually via Microsoft Teams as allowed during the pandemic.

Invocation and Pledge of Allegiance by Vice Chairman Charles Oddo Vice Chairman Charles Oddo offered the Invocation and led the Board and audience in the Pledge of Allegiance.

Acceptance of Agenda Vice Chairman Oddo moved to accept the agenda as written. Commissioner Edward Gibbons seconded. The motion passed 5-0.

PROCLAMATION/RECOGNITION:

1. Recognition (posthumously) of Alvin “Al” F. Gilbert for thirty-one (31) years of service on the Planning Commission.

On behalf of the Board, Vice Chairman Oddo, presented Mrs. Gilbert, wife of Alvin “Al” F. Gilbert, a plaque recognizing his thirty- one (31) years of dedicated service on the Fayette County Planning Commission. Vice Chairman Oddo expressed his appreciation for Al and his contribution to Fayette County. He stated that Mr. Gilbert was going to be missed and relayed his condolences to the Gilbert Family.

2. Recognition of awardees for the Fayette County Parks and Recreation 2020 Scarecrow Competition.

Parks and Recreation, Director Anita Godbee, presented the Fayette County Parks and Recreation 2020 Scarecrow Competition awards. Mrs. Godbee stated that this year there were five scarecrows judged by past Fayette County Art Committee Members. The judging criteria included creativity, visual impact, compliance to competition criteria, and utilization of theme. She added that scoring was close, as all the designs were creative and well thought out. First Place was awarded to Ringo designed by Zach, Rachel, Cayden and Lennon Harvey; Second Place was awarded to ScarecROW designed by the Peachtree City Rowing Club; and Third Place was awarded to Yates Apple Cultivator-Mathew Yates designed by Fayette County Historical Society.

3. Recognition of Chief Deputy Clerk Marlena Edwards for completion of the Georgia Clerks Education Institute Certificate Program. Page 31 of 73 Minutes October 22, 2020 Page Number 2

Fayette County Clerk Tameca P. Smith, on behalf of the Board, recognized Marlena Edwards for completion of the Georgia Clerks Education Institute Certificate Program. She stated that Ms. Edwards was a welcomed addition to the clerk’s office and that she took the initiative to complete the three-year certificate program and is currently working toward her Master Clerk Certification. Mrs. Smith stated that she was proud of Ms. Edwards’ accomplishment.

4. Recognition of the graduation of Fire Recruit Class 43 and Class 44.

Interim Fire Chief Hill recognized the graduation of Fire Recruit Class 43 and Class 44. He congratulated both Class 43 and 44, welcoming them as they begin their career as certified Firefighters.

PUBLIC HEARING: Community Development Director Pete Frisina read the Introduction to Public Hearings. Mr. Frisina stated the meeting was unique in that it was being help during a time declared as a State of Public Emergency due to COVID-19 (coronavirus). In the abundance of caution concerning the COVID-19 (coronavirus), the meeting would be livestreamed and the call-in number 770- 305-5277 would be available for those who wanted to make public comment on any of the items during the public hearings portion of the meeting.

5. Consideration of Petition No. 1295-20, Estate of Daniel & Lillie Ard, Owner, and, Rodwrightcorp, Agent, request to rezone 10.8 acres from A-R to R-80 to develop three (3) single-family residential lots; property located in Land Lot 228 of the 4th District and fronts on SR 85 South and Lisbon Road.

Community Development Director Pete Frisina stated that the applicant asked to have Petition No. 1295-20 withdrawn.

Petitioner agent Rod Wright requested to have Petition No. 1295-20 withdrawn.

No one spoke in favor or opposition.

Commissioner Maxwell stated that in the past he had recused himself from items involving Rod Wright, as he considered Mr. Wright a friend and wanted to maintain the integrity of the Board having an unbiased vote and transparency. He added stating that in recent years his interaction and dealings with Mr. Wright had dwindled. Commissioner Maxwell stated that he no longer felt the need to recuse himself from items involving Mr. Wright, since there was no longer any conflict of interest.

Commissioner Gibbons moved to approve withdrawal of Petition No. 1295-20, Estate of Daniel & Lillie Ard, Owner, and, Rodwrightcorp, Agent, request to rezone 10.8 acres from A-R to R-80 to develop three (3) single-family residential lots; property located in Land Lot 228 of the 4th District and fronts on SR 85 South and Lisbon Road. Vice Chairman Oddo seconded. The motion passed 5-0.

6. Consideration of Petition No. 1296-20, Estate of Ruby Thomas Parrott, Owner, and, Alice Reeves, Agent, request to rezone 4.579 acres from A-R to O-I to develop office uses; property located in Land Lot 57 of the 7th District and fronts on Flat Creek Trail.

Mr. Frisina stated that both staff and the Planning Commission recommended Petition No. 1296-20 for approval.

No one spoke in favor or opposition.

Page 32 of 73 Minutes October 22, 2020 Page Number 3

Vice Chairman Oddo moved to approve Petition No. 1296-20, Estate of Ruby Thomas Parrott, Owner, and, Alice Reeves, Agent, request to rezone 4.579 acres from A-R to O-I to develop office uses; property located in Land Lot 57 of the 7th District and fronts on Flat Creek Trail. Commissioner Gibbons seconded. The motion passed 5—0.

7. Consideration of Ordinance 2020-08, Amendments to Chapter 110. Zoning Ordinance, Section 110-142. - O-I, Office-Institutional, (h) State Route 54 Special Development District.

Mr. Frisina stated that the State Route 54 Special Development District was adopted by the Board in June of 2019. He stated that the State Route 54 Special Development District, O-I; Office-Institutional zoning, was broadened to include some expanded uses. Mr. Frisina stated that one of those expanded uses was the internal access storage facility. He stated that although an expanded use was being allowed, it was not typical to the O-I Office-Institutional zoning. It was determined when reviewing the trend, that these storage facilities was accepted by the community because the internal access storage structures resembled office building and would not distract but maintained the character of the surrounding area. Mr. Frisina stated that with the use of the internal access storage facility, it was still desired to have businesses located within the structures. He stated that a minimum of 20% of the total footprint of the facility had to be open for business use and that subsequently, as a result of the COVID- 19 pandemic, it was determined that the demand for office space had changed and was decreasing. He stated that employers realized they could maintain the same amount of manpower from their employees working at home, without the overhead costs of a physical office building. Mr. Frisina stated that this item was proposing a decrease to the minimum business use designation requirement from 20% to 10%. He stated that this amendment would also make other housekeeping changes to the language for clarification.

Bret Vincent spoke in favor of this petition. He stated that he recently built an internal access storage facility in Tyrone, Georgia. He stated that the initial 20% business use requirement was not an issue and a good idea, however since the pandemic it would be difficult to find business renters. He stated that he was in agreement with the reduced business use requirement to 10%.

No one spoke opposition.

Commissioner Rousseau stated that he was reluctant in making these changes so soon. Commissioner Rousseau stated that because it had only been a year since its adoption not enough time had elapsed to know the full impacts of the pandemic; nor had any tangible data been received to determine future trends or changes after the pandemic.

Commissioner Gibbons moved to approve Ordinance 2020-08, Amendments to Chapter 110. Zoning Ordinance, Section 110- 142. - O-I, Office-Institutional, (h) State Route 54 Special Development District. Vice Chairman Oddo seconded. The motion passed 4-1, with Commissioner Rousseau voting in opposition.

PUBLIC COMMENT: None.

CONSENT AGENDA:

Vice Chairman Oddo moved to accept the Consent Agenda as written. Commissioner Gibbons seconded.

Commissioner Rousseau, who was attending the meeting virtually, experienced technical issues and was dropped from the meeting momentarily. Once reconnected, Commissioner Rousseau stated that upon review of item #8 he noticed the request form outlined that the Local Maintenance & Improvement Grant (LMIG) application and project list submittal deadline was January 1, 2020. Commissioner Rousseau questioned the accuracy of the submittal date.

County Clerk Tameca Smith acknowledged that the January 1, 2020 was a typo and that the correct date was noted on the application.

Vice Chairman Oddo moved to accept the Consent Agenda as written. Commissioner Gibbons seconded. The motion passed 5- 0. Page 33 of 73 Minutes October 22, 2020 Page Number 4

8. Approval of the proposed 2021 Local Maintenance & Improvement Grant (LMIG) project list for unincorporated Fayette County and authorization for the Chairman to sign the LMIG Application and related documents.

9. Approval for the Fayette County Accountability Court to accept the Adult Drug Court Discretionary Grant award from the Criminal Justice Coordinating Council (CJCC) in the amount of $40,809.

10. Approval to surplus and donate the 24' Pole Mounted Camera purchased in 2011 to the Town of Tyrone to aid with the inspection of the Town's stormwater infrastructure.

11. Approval of staff's recommendation to award Contract #1884-S, USGS Water Flow & Stream Monitoring for Federal Fiscal Year 2021, to the U.S. Geological Survey in the amount of $192,400.

12. Approval of the October 8, 2020 Board of Commissioners Meeting Minutes.

OLD BUSINESS:

13. Consideration of the County Attorney's recommendation to deny the disposition of tax refund, as requested by Donna Jackson for tax year 2019 in the amount of $985.01. This item was tabled at the October 8, 2020 Board of Commissioners meeting.

County Attorney Dennis Davenport stated that this item was a request for a tax refund submitted by Donna Jackson for tax year 2019 in the amount of $985.01. Mr. Davenport stated that the item was tabled at the October 8, 2020 Board of Commissioners meeting Ms. Jackson applied for the L3 homestead exemption, which meant that a taxpayer would receive an exemption of fifty percent (50%) of their homestead's assessed value from Fayette County school taxation. Mr. Davenport stated that Ms. Jackson inquired about the L4 homestead exemption which would qualify recipients for exemption of one hundred percent (100%) of the assessed value of their homestead from Fayette County school taxation. He stated that Ms. Jackson was advised that proof of income was necessary for approval of the L4 homestead exemption. Ms. Jackson did provide the proof of income, however, it was not until November 2019, several months past the April 1st deadline. Mr. Davenport stated that her application was not timely and that as a result the requested refund of $985.01 was recommended for full denial.

Ms. Jackson thanked the Board for tabling her request at the previous meeting, allowing her to attend the board meeting in person. Ms. Jackson stated that her request was for a refund for tax year 2019 and that she had applied for the L4 homestead exemption in person and was not aware of the different levels as part of the approval process. She stated that she made several trips to the Tax Commissioners Office and several phone calls regarding her homestead exemption request and was eventually approved for the L4 tax exemption for 2020. She asked for the Board to approve the refund request for 2019.

Vice Chairman Oddo stated to Ms. Jackson that although he sympathized with her situation, there were rules and deadlines in place that the Board had to maintain.

Commissioner Gibbons moved to deny the disposition of tax refund, as requested by Donna Jackson for tax year 2019 in the amount of $985.01. Chairman Ognio seconded. The motion passed 5-0.

NEW BUSINESS:

14. Consideration of staff's recommendation to re-appoint Martin Sas to the Transportation Committee to the Fayette County Transportation Committee to serve a term beginning April 1, 2020 and expiring March 31, 2023.

Mr. Sas thanked the Board for the opportunity to serve on the Transportation Committee. He stated that he had enjoyed his time on the Transportation Committee and looked forward to providing future contributions to Fayette County.

Page 34 of 73 Minutes October 22, 2020 Page Number 5

Vice Chairman Oddo moved to approve to re-appoint Martin Sas to the Transportation Committee to the Fayette County Transportation Committee to serve a term beginning April 1, 2020 and expiring March 31, 2023. Commissioner Gibbons seconded. The motion passed 5-0.

15. Consideration of a recommendation from Commissioners Eric Maxwell and Edward Gibbons to nominate Lavonia Stepherson, Lisa Wright Eichelberger and William Yarde to the Fayette County Hospital Authority for consideration of appointment to serve a term beginning June 1, 2020 and expires May 31, 2024.

Dr. William Yarde stated that as a retired naval neurosurgeon and 23-year resident of Fayette County. He stated that he wanted to use his experience and talent to help those in his community.

Commissioner Maxwell moved to approve Gibbons to nominate Lavonia Stepherson, Lisa Wright Eichelberger and William Yarde to the Fayette County Hospital Authority for consideration of appointment to serve a term beginning June 1, 2020 and expires May 31, 2024. Commissioner Gibbons seconded. The motion passed 5-0.

16. Consideration of a recommendation from Commissioners Eric Maxwell and Edward Gibbons to nominate Shikina Wills, Michael Hofrichter and Robert Napoli to the Fayette County Hospital Authority for consideration of appointment to serve a term beginning June 1, 2020 and expires May 31, 2024.

Robert Napoli stated that as a 20-plus-year resident he had served on the Piedmont Fayette Hospital Auxiliary Board and would be happy to help the hospital and serve the community as a member of the Fayette County Hospital Authority.

Commissioner Maxwell moved to approve Gibbons to nominate Shikina Wills, Michael Hofrichter and Robert Napoli to the Fayette County Hospital Authority for consideration of appointment to serve a term beginning June 1, 2020 and expires May 31, 2024. Commissioner Gibbons seconded. The motion passed 5-0.

17. Consideration of staff’s request to award bid #1855-B Pumper Fire Apparatus to Ten-8 Fire Equipment, Inc. for one pumper totaling $468,000; in addition to the contract amount, allocate $10,000 to safety equipment and to designate pumper (Asset #10758;Fleet #93066) as surplus and authorize for auction.

Interim Fire Chief Hill stated that this item was for the approval of bid #1855-B Pumper Fire Apparatus to Ten-8 Fire Equipment, Inc. for one pumper totaling $468,000; in addition to the contract amount, an allocation of $10,000 for safety equipment.

County Administrator Steve Rapson stated that there was a trade-in allowance for this particular unit of $3,500, however, that was not included in the recommendation and would be placed on the GovDeals auction website anticipating a better offer.

Commissioner Gibbons moved to approve staff’s request to award bid #1855-B Pumper Fire Apparatus to Ten-8 Fire Equipment, Inc. for one pumper totaling $468,000; in addition to the contract amount, allocate $10,000 to safety equipment and to designate pumper (Asset #10758;Fleet #93066) as surplus and authorize for auction. Vice Chairman Oddo seconded. The motion passed 5-0.

18. Consideration of staff’s request to award bid #1856-B Tanker Fire Apparatus to Deep South Fire Trucks for one tanker totaling $289,450; in addition to the contract amount, allocate $15,000 to safety equipment and to designate tanker (Asset #10846;Fleet #23020) as surplus and authorize for auction.

Interim Fire Chief Hill stated that this item was for the approval of bid #1856-B Tanker Fire Apparatus to Deep South Fire Trucks for one tanker totaling $289,450; in addition to the contract amount, an allocation $15,000 for safety equipment and to designate tanker (Asset #10846;Fleet #23020) as surplus and authorize for auction.

Page 35 of 73 Minutes October 22, 2020 Page Number 6

Vice Chairman Oddo moved to approve staff’s request to award bid #1856-B Tanker Fire Apparatus to Deep South Fire Trucks for one tanker totaling $289,450; in addition to the contract amount, allocate $15,000 to safety equipment and to designate tanker (Asset #10846;Fleet #23020) as surplus and authorize for auction. Commissioner Gibbons seconded. The motion passed 5-0.

ADMINISTRATOR’S REPORTS:

A. Contract #1851-B: New Chiller for the Library

Hot Projects County Administrator Steve Rapson advised that an updated “Hot Projects” listing was sent out via email to the Board to keep them abreast of the status of various projects throughout the county. Mr. Rapson highlighted the Kenwood Road culvert replacement, Mercedes Trail culvert replacement, and Fire Station #2.

Justice Center A/V System Mr. Rapson stated that the Justice Center audio/visual system was primarily complete for phase one. He stating that an additional recommendation related to Courtrooms A, B, and C for Superior Court and 2D for State Court would be presented at the November 12th Board Meeting for approval.

Animal Control Mr. Rapson stated that the document for Water and Sewer Authority (WASA) and Peachtree City were being finalized and would be presented to the Board at the November 12th Board Meeting for approval.

911 Radio System Mr. Rapson stated that the 911 radio system met its next milestone with the critical design review, which included review of the cell tower and all equipment was complete as of October 22, 2020.

Comprehensive Annual Financial Award Mr. Rapson stated that he received notification that Fayette County received the Comprehensive Annual Financial Award for the Water Systems, and eagerly anticipate a second one for the General Fund.

2020 Legislative Package Mr. Rapson asked for guidance from the Board for the County Attorney regarding items they wanted included in the legislative package.

Commissioner Oddo moved to have the County Attorney draft the outlined six items: 1. Support ACCG Legislative Package; 2. Provide for a reduced Veteran’s fee for a Weapons Carry License; 3. Provide an exemption of health services being a future budget reduction during the ongoing pandemic; 4. Ability for a County to Sponsor through a Federal or State (FEMA/GEMA) hazard mitigation grant application a Homeowners Association or private property owner concerning a stormwater management or dam issue on private property without exposing the County to future liability or maintenance responsibility; 5. Fluoride Resolution; and 6. A statewide review of citizen arrest laws in the state of Georgia; for the legislative package to be brought to the Board for consideration and review. Commissioner Gibbons seconded. The motion passed 5-0.

ATTORNEY’S REPORTS: Notice of Executive Session: County Attorney Dennis Davenport stated there were three items for executive session. There was one item of real estate acquisition, one item of threatening litigation, and the review of the October 8, 2020 Executive Session Minutes for consideration in Executive Session.

Page 36 of 73 Minutes October 22, 2020 Page Number 7

COMMISSIONERS’ REPORTS:

Vice-Chairman Oddo

Voting Vice-Chairman Oddo encouraged Fayette County citizens to vote.

Commissioner Gibbons

ACCG Commissioner Gibbons stated that he had recently attended an Association of County Commissioner of Georgia (ACCG) training for Property Assessment Taxation. Commissioner Gibbons stated that the training was very beneficial for those newly elected officials. Commissioner Gibbons stated that if selected by the County staff had the opportunity to attend this outstanding training, which he highlighted Fayette County takes advantage of. Commissioner Gibbons asked Mr. Rapson how many County staff had attended the ACCG training.

Mr. Rapson stated that each department head had at minimum attended their respective department classes. He added that about ten (10) department heads were certified with an additional six (6) in the process of being certified. He stated that having the department head attend this training helps equip them to better understand the perspective of an elective official which bridges the gap and helps the county run smoothly.

Commissioner Gibbons complimented Mr. Rapson for the foresight to send staff to the training and to staff for taking the time to attend the training.

Commissioner Rousseau

Briarwood Subdivision Commissioner Rousseau relayed his apologies to the Briarwood subdivision, who loss water for about 48 hours due to a construction incident. Commissioner Rousseau stated that although the incident was no intentional, he wanted to acknowledge the frustration the community endured.

Census Commissioner Rousseau commended residents for their response to the 2020 Census and extended his appreciation to Planning and Zoning Director Pete Frisina for his efforts.

Ballot Box Commissioner Rousseau stated that he was encouraged in seeing the voting ballot boxes in use and expressed his appreciation to the Board along with the Elections Board for putting them in place.

Chairman Ognio

Census Chairman Ognio thanked citizens for their participation and staff for their hard work stating that Fayette County did come in first place for response to the 2020 Census in the state of Georgia at 78%.

Transportation Meeting Chairman Ognio stated that because November 3rd was Election Day, the upcoming Transportation Meeting was moved to November 10th.

Page 37 of 73 Minutes October 22, 2020 Page Number 8

Georgia Department of Transportation Chairman Ognio thanked Georgia Department of Transportation for the Price Road turn lanes installation which had recently been completed.

Atlanta Regional Commission (ARC) Chairman Ognio stated that Atlanta Regional Commission (ARC) State of the Region Breakfast would be held on November 13, 2020 virtually.

Brest Cancer Awareness Month Chairman Ognio reminded everyone that October was Brest Cancer Awareness Month. Chairman Ognio stated that he remembers his sister who is missed dearly as her birthday approaches on October 26th.

EXECUTIVE SESSION: One item of real estate acquisition, one item of threatening litigation, and the review of the October 8, 2020 Executive Session Minutes for consideration in Executive Session. Vice Chairman Oddo moved to go into Executive Session. Commissioner Gibbons seconded. The motion passed 5-0. The Board recessed into Executive Session at 7:33 p.m. and returned to Official Session at 7:49 p.m.

Return to Official Session and Approval to Sign the Executive Session Affidavit: Chairman Ognio moved to return to Official Session and for the Chairman to sign the Executive Session Affidavit. Vice Chairman Oddo seconded the motion. The motion passed 5-0.

Approval of the October 8, 2020 Executive Session Minutes: Chairman Ognio moved to approve the October 8, 2020 Executive Session Minutes. Vice Chairman Oddo seconded the motion. The motion passed 5-0.

ADJOURNMENT: Chairman Ognio moved to adjourn the October 22, 2020 Board of Commissioners meeting. Vice Chairman Oddo seconded the motion. The motion passed 5-0.

The October 22, 2020 Board of Commissioners meeting adjourned at 7:49 p.m.

______Marlena M. Edwards, Chief Deputy County Clerk Randy C. Ognio, Chairman

The foregoing minutes were duly approved at an official meeting of the Board of Commissioners of Fayette County, Georgia, held on the 14th day of November 2020. Documents are available upon request at the County Clerk’s Office.

______Marlena M. Edwards, Chief Deputy County Clerk

COUNTY AGENDA REQUEST Page 38 of 73

Department: Administration Presenter(s): Steve Rapson, County Administrator

Meeting Date: Thursday, November 12, 2020Type of Request: New Business #8 Wording for the Agenda: Consideration of staff’s recommendation to purchase the 4.7 acre site adjacent to the Peachtree City Water and Sewerage Authority location for $71,400 which includes the $3,575 earnest money to be paid within five days after the execution of the agreement.

Background/History/Details: Peachtree City has proposed to relocate the Animal Shelter from our existing location to a site adjacent to the Peachtree City Water and Sewerage Authority location. Peachtree City desires to convert the location for public safety reasons – creating a Quick-Response EMS type location – which has several advantages based upon location and access.

Staff has completed our analysis and recommends approval of the proposed purchase of the 4.7 acre site adjacent to the Peachtree City Water and Sewerage Authority location for the new animal shelter property for $71,400 which includes the $3,575 earnest money to be paid within five days after the execution of the agreement.

What action are you seeking from the Board of Commissioners? Approval to purchase the 4.7 acre site adjacent to the Peachtree City Water and Sewerage Authority location for $71,400 which includes the $3,575 earnest money to be paid within five days after the execution of the agreement.

If this item requires funding, please describe: Not applicable.

Has this request been considered within the past two years? No If so, when?

Is Audio-Visual Equipment Required for this Request?* No Backup Provided with Request? Yes

Approved by Finance Yes Reviewed by Legal

Approved by Purchasing Not ApplicableCounty Clerk's Approval Yes

Administrator's Approval Staff Notes: This purchase allows the relocation the existing Animal Shelter to the site adjacent to the Peachtree City Water and Sewerage Authority location. A Memorandum of Understanding between Fayette and Peachtree City Water and Sewer Authority to address easements, signage and grinder lift station will be presented to the Board at the December 10, 2020 meeting for consideration. Page 39 of 73

STATE OF GEORGIA, COUNTY OF FAYETTE

AGREEMENT TO SELL AND PURCHASE REAL PROPERTY

THIS AGREEMENT TO SELL AND PURCHASE REAL PROPERTY, (hereinafter referred to as this "Agreement"), is made and entered into this day ______of ______, 2020, (hereinafter referred to as "the “Effective date”), by and between THE PEACTREE CITY WATER AND SEWERAGE AUTHORITY, a body politic acting by and through the Members of the Peachtree City Water and Sewerage Authority whose address is 1127 Highway 74 South, Peachtree City, Georgia 30269, Party of the First Part, hereinafter referred to as "Seller", and FAYETTE COUNTY, a political subdivision of the State of Georgia whose address ______, Party of the Second Part, hereinafter referred to as "Purchaser,"

WHEREAS, Seller owns certain real property being and lying in Fayette County, Georgia, and more particularly described in Exhibit "A" attached hereto (hereinafter referred to as "Property"); and

WHEREAS, Seller desires to sell and Purchaser desires to purchase the Property;

NOW, THEREFORE, for and in consideration of the payment by Purchaser to Seller of the sum of (5% of the Purchase Price), hereinafter referred to as "Earnest Money," the mutual covenants and agreements set forth herein, all of which both parties respectively agree constitutes sufficient consideration; the parties agree as follows:

Section 1: USAGE AND DEFINITIONS 1.1 As used in this Agreement, the following words and terms set forth in this section refer to, or mean, or include in their meaning, the following:

1.1.1 The words “County” shall mean the "Fayette County, Georgia."

1.1.2 The words "party" or "parties" are sometimes used herein to refer to either Seller or Purchaser or collectively to Seller and Purchaser.

1.1.3 The words "execute”, or "execution" are used interchangeable herein to mean the signing, sealing and delivery of the called for Deed, instruments, documents and/or legal pleadings.

1.1.4 The term "Seller" as used herein shall mean the Peachtree City Water and Sewerage Authority as Grantor and shall include its agents.

1.1.5 The word "Closing" shall mean the consummation of the sale and purchase of the Property, hereinafter referred to as the "transaction" contemplated by this

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Agreement by the execution, deliveries and acceptances required by this Agreement. 1.2 All words used in this Agreement include in their meaning the masculine, feminine and neuter gender; singular and plural number; and present, past and future tense; and all appropriate grammatical adjustments shall be assumed as though in each case fully expressed.

Section 2: SALE OF PROPERTY Seller agrees to sell to Purchaser, and Purchaser agrees to purchase from Seller, upon the provisions hereof, that certain real property along with easements A and B described in Exhibit “A” and Exhibit “B” attached hereto and hereinafter referred to as the “Property”. The Property is to be conveyed "as is, where is," and with all faults and without warranties.

Section 3: PURCHASE PRICE The Purchase Price of the Property is Seventy-One Thousand Four Hundred Dollars ($71,400.00).

Section 4: EARNEST MONEY Within five (5) days after the Execution of this Agreement, Purchaser shall deposit with the Closing Attorney, by check or wire transfer, the sum of Three Thousand Five Hundred Seventy Five Dollars ($3,575.00), which sum Purchaser agrees shall not earn him any interest. At closing, all Earnest Money shall be applied against the Purchase Price.

Section 5: ENTRY ONTO THE PROPERTY Acting at Purchaser's own risk and expense, Seller hereby permits Purchaser and his authorized representatives to enter onto the Property for the purposes of making inspections. Purchaser may select qualified professionals to make "Inspections" (including tests, borings, surveys, studies, inspections, investigations and interviews of persons familiar with the Property) concerning the Property, including but not limited to tests of structures, wells, septic tanks, underground storage tanks, soils, geologic hazards, utility lines and systems and environmental hazards (including Phase I and Phase II environmental assessments); provided that Purchaser shall not conduct any soil borings or other physically invasive tests of the Property without Seller’s prior written consent (which shall not be unreasonably withheld or delayed), and provided further that all Inspections shall be performed in a manner that shall not unreasonably interfere with the ongoing use of the Property by the Seller or the tenants. Purchaser shall keep the Property free of any liens, and repair any material physical damages caused by Purchaser , its agents, employees, contractors or subcontractors and restore the Property to its condition prior to Inspections. Purchaser shall indemnify, defend and hold Seller harmless against all losses, damages, claims, demands and liabilities which may be suffered by or asserted against Seller by reason of Purchaser’s Inspections, which indemnity obligation shall survive termination of this Agreement or Closing.

Section 6: SELLER REPRESENTATIONS

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6.1 To induce Purchaser to accept this offer, Seller makes the following representations (and these are the only representations made by Seller), upon which Purchaser is entitled to rely and each of which shall be deemed to be material to this Agreement:

6.1.1 THE PROPERTY IS BEING SOLD "AS IS", "WHERE IS" AND "WITH ALL FAULTS" AS OF CLOSING, WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER AS TO ITS CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. SELLER SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR IMPLIED, CONCERNING THE PROPERTY. BUYER ACKNOWLEDGES THAT BUYER IS PURCHASING THE PROPERTY BASED SOLELY UPON BUYER’S OWN INDEPENDENT INSPECTIONS, INVESTIGATIONS AND FINDINGS AND NOT IN RELIANCE UPON ANY INFORMATION PROVIDED BY SELLER OR SELLER’S AGENTS.

6.1.2 Seller makes no other representations or warranties, expressed or implied, with respect to the subject matter of this Agreement except as contained herein. Seller has not surveyed or inspected the Property to determine the existence of any hazardous materials, substances or constituents. The purchase/sale is made “as is, where is, and with all faults.”

Section 7: RISK OF LOSS AND DAMAGE 7.1 Pending acceptance of this offer by Purchaser and thereafter through and including the Closing Date, the risk of loss of the Property will remain with the Seller.

7.2 In the event the Property, or a material portion thereof, is destroyed or damaged by fire or other casualty after acceptance of this offer but prior to Closing, then Purchaser, at its option, may cancel this agreement, whereupon Seller shall return the Earnest Money to Purchaser and thereafter the parties shall have no further duty, obligation, financial or otherwise, or liability hereunder to each other; or close the transaction with the Purchase Price reduced by an amount equivalent to the difference between the fair market value of the Property immediately prior to such damage or destruction less the fair market value of the Property immediately after such damage or destruction, as mutually determined.

Section 8: TAXES AND ASSESSMENTS 8.1 Seller shall pay all valid delinquent real property taxes, water rates, sewer charges, assessments, special and otherwise, and other charges which are a valid lien against the Property as of the Closing Date. Current real estate taxes and current installments of special assessments, if any, shall be prorated on a due date basis to the date of Closing, in accordance with the local custom for the county in which the Property is located. Any federal, state and local documentary or revenue stamps, transfer, sales and other taxes relating to the sale of the Property shall be paid by Buyer and/or Seller at Closing based on local custom for the county in which the Property is located and both parties agree to execute any tax forms required.

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8.2 All net property tax refunds and credits attributable to any period prior to the Closing, if any, shall be the property of Seller. All net property tax refunds and credits attributable to any period subsequent to the Closing, if any, shall be the property of Buyer.

Section 9: TITLE EXAMINATION Purchaser shall have fifteen (15) days commencing with execution of this Agreement to examine the title to the Property and secure, at Purchaser's expense, a written owner's title insurance commitment, from a duly authorized title insurance company (issued through its Georgia Office) to insure, at its standard rates or less, Purchaser and the title to the Property to be conveyed by Seller to Purchaser pursuant to this Agreement (hereinafter referred to as “Commitment”). If the Commitment sets up (or sets forth) any title objection(s), Seller shall have five (5) days from receipt of the notice of title objection(s) to analyze said title objection(s) and determine, in its sole discretion, whether or not to cure the same and to notify Purchaser of Seller’s decision thoron. Seller and Purchaser understand and agree that the Property is sold “as is, where is, and with all faults” and Seller makes no warranty of any type or kind whatsoever.

Section 10: CLOSING 10.1 Closing Attorney Purchaser and Seller hereby agree that the "Closing Attorney" shall be: E. Michelle Rothmeier, Lawson & Beck, LLC Peachtree City office: 1125 Commerce Drive, Suite 300 Peachtree City, Georgia 30269 Phone: 770-486-8949

Newnan office: 1201 Lower Fayetteville Road, Suite C Newnan, Georgia 30265 Phone: 678-487-6002

Purchaser and Seller further agree that the Closing Attorney will act as the escrow agent in this transaction.

10.2 The Closing Date of this transaction shall be no more than sixty (60) days from the date of the execution of this agreement. The time and place of Closing shall be designated by Purchaser and notice thereof shall be given to Seller not less than seven (7) days prior to the designated Closing Date. Purchaser may designate the attorney who will conduct the Closing (hereinafter referred to as the "Closing Attorney"), and the Closing Attorney shall represent Purchaser at the Closing.

10.3 At Closing, Seller and Purchaser shall respectively pay the following costs and expenses, hereinafter referred to as "expenses": 10.3.1 Seller shall pay the following expenses: (a) Fees of the Seller's attorney; and

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10.3.2 Purchaser shall pay the following expenses, and those specified elsewhere in Section 10: (a) Fees and expenses of Purchaser's attorney(s) and closing attorney; and (b) Fee for examination and certification of the title to the Property; and (c) Fee and premium to a title insurance company, should such a policy be necessary, for the commitment and any issued owners title insurance policy; and (d) Expenses for filing and recording the Deed with the Fayette County Clerk of Superior Court, as required by Seller, or any other appropriate local authorities, and any other documents or instruments which Purchaser deems necessary or desirable to place of record; and (e) The expenses of any inspection or appraisal obtained by Purchaser; and (f) Any real property ad valorem taxes that may be assessed and levied against the Property by the taxing authorities of any city or county; and (g) Any other expenses actually incurred by Purchaser.

10.4 At the Closing or as otherwise specified below, Seller and Purchaser shall each deliver to the other the following: 10.4.1 At Closing, Purchaser shall tender to Seller the Purchase Price in the manner set forth in subsection numbered 10.5 hereof. 10.4.2 At Closing Seller shall deliver to Purchaser the following: (a) A Deed, conveying to Purchaser, fee simple, all of Seller's right, title and interest in and to the Property, the legal description contained therein to be verbatim as set forth in EXHIBIT “A” attached hereto and those rights of Easement described in Exhibits A and B attached hereto; and (b) If requested, a copy of official records of Seller authorizing execution of the Deed and other instruments, documents and legal pleadings necessary to implement and finalize this transaction. 10.4.3 Seller and Purchaser shall each deliver to the other a properly executed MEMORANDUM OF UNDERSTANDING governing the relationship of the parties as to the easements described in Exhibits A and B attached hereto. Said MEMORANDUM OF UNDERSTANDING shall be attached hereto as AMENDMENT 1 and incorporated into this AGREEMENT TO SELL AND PURCHASE REAL PROPERTY.

10.5 At the Closing, Purchaser shall tender to Seller a cashier’s check, payable to Seller in the amount of Sixty-Seven Thousand Eight Hundred Twenty-Five Dollars ($67,825.00). This is Purchase Price, less the amount of Earnest Money. Payment may be delivered through some cash equivalent payment by cash, wire, or other means acceptable to Seller.

Section 11: DELIVERY OF POSSESSION At the Closing, Seller will deliver to Purchaser all the possession it has in and to the Property in the same condition as the Property existed on the date hereof, acts of God, normal wear and tear, and the commission of any criminal acts on or to the Property, excepted.

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Section 12: DEFAULT 12.1 If, following Purchaser's acceptance of this offer, the transaction contemplated by this Agreement is not consummated on account of Seller's default hereunder, then Purchaser may elect to cancel this Agreement, whereupon Seller shall return the Earnest Money to Purchaser and Purchaser and Seller shall then have no further duty, obligation, financial or otherwise, or liability hereunder to each other. 12.2 If the sale and purchase of the Property contemplated by this Agreement is not consummated on account of the Purchaser's default hereunder, the Earnest Money paid by Purchaser to Seller shall be kept by Seller and considered by Seller and Purchaser to be full and complete liquidated damages. Further, Seller shall have no further duty, obligation, financial or otherwise, or liability hereunder to Purchaser.

Section 13: NOTICES Purchaser may give oral notice, followed by notification in writing, to Seller of the place and Closing Date of this transaction. All other notices (which includes acceptances and consents) given under and pursuant to this Agreement shall be in writing and given by depositing the same in the United States Certified Mail with a request for the return of a receipt showing the name of the recipient and the date of delivery. Notices shall be addressed to the party to be notified at the address first set forth hereinabove. Either party may, from time to time, by five (5) days' prior notice to the other party, specify a different address to which notices shall be sent. Rejection or refusal to accept a notice or inability to deliver a notice because of a changed address of which no notice was given shall be deemed a delivery of the notice on the date when postmarked.

Notice shall also be provided to:

If to Purchaser: McNally, Fox, Grant & Davenport Attention: Dennis A. Davenport 100 Habersham Drive Fayetteville, Georgia 30214

If to Seller: Peachtree City Water and Sewerage Authority Horne & Griffis, P.C. Attn: Melissa D. Griffis 32 South Court Square Newnan, GA 30263

Section 14: ASSIGNMENT This agreement is personal to Purchaser and may not be transferred or assigned by Purchaser without the prior written consent of Seller

Section 15: REAL ESTATE BROKERS AND ATTORNEYS Both Seller and Purchaser represent that no agents or brokers have been retained in this transaction. Should Seller or Purchaser retain a broker or agent to represent them, the financial obligations accrued thereby shall be discharge by the Party retaining said services. Further, the

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party retaining said services covenants and agrees to indemnify and hold harmless from all claims and liabilities from any such brokers or agents, the non-retaining party.

Section 16: GENERAL PROVISIONS OF THIS AGREEMENT 16.1 All rights, powers and privileges conferred hereunder shall be cumulative and not restrictive of those given by law. 16.2 All time limits stated herein are of the essence of this offer and Agreement. 16.3 If any one or more of the provisions contained herein is for any reason held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 16.4 All provisions of this Agreement shall survive the Closing and shall not be merged into either the Deed or any other instruments, documents or pleadings executed by the parties either prior to or at the Closing. 16.5 The brief headings or titles preceding each section hereof are for purposes of identification and convenience only and should be disregarded in construing this Agreement. 16.6 This Agreement shall be governed, construed under, performed and enforced in accordance with the laws of the State of Georgia in the courts of Fayette County, Georgia. 16.7 This Agreement may be executed in two (2) counterparts (Seller's counterpart and Purchaser's counterpart) which are separately numbered and identified but each of which is deemed an original of equal dignity with the other and which is deemed one and the same instrument as the other.

Section 17: ENTIRE AGREEMENT This Agreement in combination with the MEMORANDUM OF UNDERSTANDING described in Section 10.4.3 above, attached hereto as AMENDMENT 1 and hereby incorporated herein, supersedes all prior negotiations, discussions, statements and agreements between Seller and Purchaser and constitutes the full, complete and entire agreement between Seller and Purchaser with respect hereto; no member, officer, employee, agent or representative of Seller or Purchaser has authority to make, or has made, any statement, agreement, representation or contemporaneous agreement, oral or written, in connection herewith, amending, supplementing, modifying, adding to, deleting from, or changing the provisions of this Agreement except the MEMORANDUM OF UNDERSTANDING. In the event of a conflict as to the ongoing relationship of the parties, after the closing of this purchase, the MEMORANDUM OF UNDERSTANDING shall control and dictate the resolution. No modification of or amendment to this Agreement shall be binding on either Seller or Purchaser unless such modification or amendment is signed by both Seller and Purchaser.

Section 18: GOVERNING LAW AND ATTORNEY’S FEES This Agreement shall be governed and enforced by and construed in accordance with the laws of the state in which the Property is located. In the event either party hereto finds it necessary to employ legal counsel or to bring an action at law or other proceedings against the other party to enforce any of the terms, covenants or conditions hereof, the prevailing party in

Page 46 of 73

such action or proceeding shall be paid all reasonable attorneys' fees, as determined by the court and not the jury, and in the event any judgment is secured by such prevailing party, all such attorneys' fees shall be included in any such judgment in such action or proceedings.

IN WITNESS WHEREOF, the Parties have executed this Agreement this ______day of ______2020.

SELLER:

Peachtree City Water and Sewerage Authority

______Vanessa Fleisch, Chairman

Attest:______By: Leslie Baer, Clerk (Authority SEAL)

PURCHASER, The Board of Commissioners for Fayette County, Georgia

______By: Randy Ognio, Chairman

Attest:______By: Tameca P. Smith, Clerk

(COUNTY SEAL)

Page 47 of 73

EXHIBIA “A”

Legal Description Fayette County Purchase from WASA as shown on the Plat attached as Exhibit “B”

Tract 1-B

All that tract or parcel of land lying and being in Land Lot 33 of the 6th District, City Peachtree City, Fayette County, Georgia and being more particularly described as follows:

To arrive at the Point of Beginning, Commence at an axle found at the Southeast corner of Land Lot 33 which is the common corner of Land Lots 29, 30, and 32; THENCE along the East line of Land Lot 33 North 01 degrees 12 minutes 17 seconds East a distant of 104.09 feet to the Point of Beginning; THENCE leaving said Land Lot line North 89 degrees 13 minutes 52 seconds West a distance of 295.04 feet to a point; THENCE North 50 degrees 24 minutes 35 seconds West a distance of 301.65 feet to a point; THENCE North 36 degrees 31 minutes 43 seconds East a distance of 399.88 feet to a point on a curve on the Southerly right-of-way of Georgia State Route No. 74 (right-of-way varies); THENCE along said right-of-way along a curve to the left having a radius of 857.54 feet, an arc length of 303.94 feet, and a chord which bears South 82 degrees 03 minutes 58 seconds East having a chord distance of 302.35 feet to a point on the East line of Land Lot 33; THENCE leaving the Southerly right-of-way of Georgia State Route No. 74 and along the East line of Land Lot 33 South 01 degrees 12 minutes 17 seconds West a distance of 475.90 feet to a point which is the POINT OF BEGINNING, and containing 4.70 acre(s) of land, more or less. AND

Easement “A”

All that tract or parcel of land lying and being in Land Lot 33 of the 6th District, City Peachtree City, Fayette County, Georgia and being more particularly described as follows:

To arrive at the Point of Beginning, Commence at an axle found at the Southeast corner of Land Lot 33 which is the common corner of Land Lots 29, 30, and 32; THENCE North 66 degrees 12 minutes 30 seconds West a distance of 565.65 feet to the Point of Beginning, THENCE North 47 degrees 17 minutes 02 seconds West a distance of 255.23 feet to a point of curve; THENCE along a curve to the left having a radius of 985.00 feet, an arc length of 64.54 feet, and a chord which bears North 49 degrees 09 minutes 39 seconds West having a chord distance of 64.53 feet to a point of tangency; THENCE North 51 degrees 02 minutes 17 seconds West a distance of 184.20 feet to a point; THENCE North 39 degrees 34 minutes 31 seconds East a distance of 40.00 feet to a point; THENCE South 51 degrees 02 minutes 17 seconds East a distance of 183.77 feet to a point of curve; THENCE along a curve to the right having a radius of 1,025.00 feet, an arc length of 67.16 feet, and a chord which bears South 49 degrees 09 minutes 39 seconds East having a chord distance of 67.15 feet to a point of tangency; THENCE South 47 degrees 17 minutes 02 seconds East a distance of 201.52 feet to a point; THENCE North 36 degrees 31 minutes 43 seconds East a distance of 7.77 feet to a point; THENCE South 50 degrees 24 minutes 35 seconds East a distance of 100.00 feet to a point;

Page 1 of 2

Page 48 of 73

THENCE South 83 degrees 08 minutes 32 seconds West a distance of 69.86 feet to a point which is the POINT OF BEGINNING, and containing 0.50 acre(s) of land, more or less. AND

Easement “B” All that tract or parcel of land lying and being in Land Lot 33 of the 6th District, City Peachtree City, Fayette County, Georgia and being more particularly described as follows:

To arrive at the Point of Beginning, Commence at an axle found at the Southeast corner of Land Lot 33 which is the common corner of Land Lots 29, 30, and 32; THENCE North 37 degrees 42 minutes 19 seconds West a distance of 1,074.24 feet to a point on Southerly right- of-way of Georgia State Route No. 74 (right-of-way varies) and the Point of Beginning; THENCE South 39 degrees 34 minutes 31 seconds West a distance of 376.95 feet to a point; THENCE North 51 degrees 02 minutes 17 seconds West a distance of 50.05 feet to a point; THENCE North 39 degrees 33 minutes 53 seconds East a distance of 38.08 feet to a ½” rebar; THENCE South 50 degrees 35 minutes 03 seconds East a distance of 10.05 feet to a point; THENCE North 39 degrees 34 minutes 31 seconds East a distance of 339.38 feet to a point on the Southerly right-of-way of Georgia State Route No. 74 (right-of-way varies); THENCE along said right-of-way South 50 degrees 24 minutes 44 seconds East a distance of 40.00 feet to a point which is the POINT OF BEGINNING, and containing 0.35 acre(s) of land, more or less.

Page 2 of 2

Page 49 of 73

TRACT 3 4,200 SQ. FT. ± or 0.10 ACRES ±

TRACT 1-A 3.50 ACRES ± 11/04/2020

11/03/2020

TRACT 1-B 4.70 ACRES ±

TRACT 2 52.55 ACRES ±

EORGI G A

No. 2343

L A K R C R I Y SH C. SHIM

W.D. Gray and Associates, Inc. PEACHTREE CITY WATER AND SEWERAGE AUTHORITY SURVEY TO DIVIDE PROPERTY LSF000701 Page 50 of 73

TRACT 2 52.55 ACRES ±

EORGI G A

No. 2343

L A K R C R I Y SH C. SHIM

W.D. Gray and PEACHTREE CITY WATER AND SEWERAGE AUTHORITY SURVEY TO DIVIDE PROPERTY Associates, Inc. LSF000701 Page 51 of 73

TRACT 2 52.55 ACRES ±

EORGI G A

No. 2343

L A K R C R I Y SH C. SHIM

W.D. Gray and PEACHTREE CITY WATER AND SEWERAGE AUTHORITY SURVEY TO DIVIDE PROPERTY Associates, Inc. LSF000701 COUNTY AGENDA REQUEST Page 52 of 73

Department: Road DepartmentPresenter(s): Steve Hoffman, Director

Meeting Date: Thursday, November 12, 2020 Type of Request: New Business #9 Wording for the Agenda: Consideration of staff's recommendation to approve the bid from Blount Construction Company, Inc. for Bid #1873-B HA 5, High Density Mineral Bond in the amount of $255,078.84.

Background/History/Details: HA5 is a High Density Bond is a pavement preservation treatment that significantly extends pavement life on residential roadways and parking surfaces. The following subdivisions and roads pavement is structurally in good shape but is in the early stages of showing the effects of age and weathering. HA5, High Density Mineral Bond is an unique tool that when installed extends the life of low load/volume pavement at a reduce cost than the traditional asphalt overlay. The following sub-divisions and roads are listed on this bid: 1.) Hammock Bay Subdivision 2.) St. Gabriel Way 3.) Edgewood Subdivision 4.) Rustic Mill Subdivision 5.) Lee's Mill Landing Subdivision 6.) Quiet Waters Estates 7.) Kimberly Court 8.) The Links Subdivision 9.) Shenandoah Estates Subdivision What action are you seeking from the Board of Commissioners? Approval of the bid from Blount Construction Company, Inc. for Bid #1873-B HA 5, High Density Mineral Bond in the amount of $255,078.84.

If this item requires funding, please describe: This project is funded in the Pavement Preservation dedicated funds in the Road's Department Technical Services Account. 10040220-521316 has $469,150 budgeted for HA5 Pavement Preservation.

Has this request been considered within the past two years? No If so, when?

Is Audio-Visual Equipment Required for this Request?* No Backup Provided with Request? Yes

Approved by Finance Yes Reviewed by Legal

Approved by Purchasing Yes County Clerk's Approval Yes

Administrator's Approval Staff Notes: Page 53 of 73 Page 54 of 73 Page 55 of 73 COUNTY AGENDA REQUEST Page 56 of 73

Department: Road DepartmentPresenter(s): Steve Hoffman, Director

Meeting Date: Thursday, November 12, 2020 Type of Request: New Business #10 Wording for the Agenda: Consideration of staff's recommendation to approve the bid from Asphalt Paving Systems, Inc. for Bid #1870-B Micro Surfacing in the amount of $457,577.08.

Background/History/Details: Micro Surfacing is a Georgia Department of Transportation approved pavement preservation treatment consisting of a mixture of polymer modified asphalt emulsion, mineral filler, water and other additives, properly proportioned, mixed and spread on a paved surface. Road that have the following distresses are good candidates for this treatment: starting to crack due to age and/or weather (not load associated), starting to ravel, good profile, no base issues and no water issues. The following roads are listed on this bid: 1.) Coastline Road (1.44 miles) 2.) Grooms Circle (0.2 miles) 3.) Grooms Road (0.62 miles) 4.) Hickory Road (0.74 miles) 5.) Huckaby Road (1.52 miles) 6.) Longview Road (1.03 miles) 7.) McIntosh Road (1.24 miles) 8.) Robinson Road (0.54 miles) 9.) Woodbridge Place (0.52 miles) What action are you seeking from the Board of Commissioners? Approval of the bid from Asphalt Paving Systems, Inc. for Bid #1870-B Micro Surfacing in the amount of $457,577.08.

If this item requires funding, please describe: There is sufficient funding available in the Road Department's M&O, 2020 & 2021 LMIG accounts for this project. LMIG 20 $482,081; LMIG 21 $241,545.

Has this request been considered within the past two years? No If so, when?

Is Audio-Visual Equipment Required for this Request?* No Backup Provided with Request? Yes

Approved by Finance Yes Reviewed by Legal

Approved by Purchasing Yes County Clerk's Approval Yes

Administrator's Approval Staff Notes: Page 57 of 73 Page 58 of 73 Page 59 of 73 Page 60 of 73 COUNTY AGENDA REQUEST Page 61 of 73

Department: Public Works / 2017 T-SPLOSTPresenter(s): Phil Mallon, Director

Meeting Date: Thursday, November 12, 2020Type of Request: New Business #11 Wording for the Agenda: Consideration of staff's recommendation to approve Change Order #1 to Contract #1781-B per request from contractor, C.W. Matthews Contracting Co., in the amount of $259,682.50 for the Sandy Creek Road portion of the Fayette County Resurfacing FY 2019 Project (2017 SPLOST 19TAF and GDOT PI 0016058). Background/History/Details: Prior to the resurfacing of Sandy Creek Road (scheduled for November), the road was re-inspected by County staff and Croy Engineering, the project Engineer. During inspections, it was discovered that the condition of Sandy Creek Road has changed a considerable amount since prior inspections. Increased traffic, including trucks, associated with growth areas is believed to be the main cause for the change.

The project team, including the Contractor, met to determine the most cost-effective solution. The recommendation is to add a 9.5 MM Open Graded Interlayer (OGI) leveling in lieu of the bid's mill-patch-pave leveling line item quantity. All parties agree that this is a cost- effective strategy to address the current condition and provide strength for anticipated traffic growth. Change Order #1 will remove the 605 TN of recycled asphalt concrete leveling at $87.70 / TN ($53,058.50) and add 3,300 TN of 9.5MM OGI Leveling at $94.77 / TN ($312,741.00), resulting in a net increase of $259,682.50.

The cost to Fayette County will be between $51,936.50 and $259,682.50, depending on the availability of additional federal funds from the Atlanta Regional Commission (ARC) at the time of request.

What action are you seeking from the Board of Commissioners? Approval of Change Order #1 to Contract #1781-B per request from contractor, C.W. Matthews Contracting Co., in the amount of $259,682.50 for the Sandy Creek Road portion of the Fayette County Resurfacing FY 2019 Project (2017 SPLOST 19TAF and GDOT PI 0016058).

If this item requires funding, please describe: Funding for this project is available from the 2017 SPLOST - Fayette County Resurfacing Program FY2020 (19TAF) project.

Has this request been considered within the past two years? No If so, when?

Is Audio-Visual Equipment Required for this Request?* No Backup Provided with Request? Yes

Approved by Finance Yes Reviewed by Legal

Approved by Purchasing Yes County Clerk's Approval

Administrator's Approval Staff Notes: Contract 1781-B was awarded to C.W. Matthews by the BOC on May 28, 2020. Page 62 of 73 Page 63 of 73

To: Phil Mallon, P.E.

From: Courtney Hassenzahl

Date: October 19, 2020

Subject: 19TAF – Fayette County Resurfacing FY 2019 (GDOT 0016058)

Prior to the resurfacing of Sandy Creek Road (scheduled for November), the road was re-inspected by County staff and Croy Engineering, the project Engineer. During inspections, it was discovered that the condition of Sandy Creek Road has changed a considerable amount since prior inspections. Increased traffic, including trucks, associated with growth areas is believed to be the main cause for the change.

The project team, including the Contractor, met to determine the most cost-effective solution. The recommendation is to add a 9.5 MM Open Graded Interlayer (OGI) leveling in lieu of the bid's mill-patch- pave leveling line item quantity. All parties agree that this is a cost-effective strategy to address the current condition and provide strength for anticipated traffic growth. This Change Order will remove the 605 TN of Recyc Asph Conc Leveling at $87.70 / TN ($53,058.50) and add 3,300 TN of 9.5MM OGI Leveling at $94.77 / TN ($312,741.00), resulting in a net increase of $259,682.50.

Original Contract Amount: $2,766,965.47 Change Order Amount: $259,682.50 New Contract Amount: $3,026,647.97

Sandy Creek Road is part of a County-wide federally-funded resurfacing program encompassing roads from Peachtree City and the City of Fayetteville. Each municipality is responsible for their roadway segment’s local share (20%), as written in the Intergovernmental Agreement (IGA) fully executed on May 20, 2020. At the time of bid opening on April 15, 2020, the estimated construction cost for Sandy Creek Road was $779,595, with the County’s 20% local share estimated at $155,919. The cost for construction for Sandy Creek Road due to this Change Order approval is $1,039,277.50, with the County’s 20% local share increasing to $207,855.55.

County Portion of entire Original Contract: $1,120,233.00 County 20% Local Share of Original Contract: $224,046.60

County Portion of Contract with Change Order: $1,379,915.50 County 20% Local Share with Change Order: $275,983.10

The cost to Fayette County will be between $51,936.50 and $259,682.50, depending on the availability of additional federal funds from the Atlanta Regional Commission (ARC) at the time of request. CONTRACTOR CHANGE ORDER REQUEST Page 64 of 73

APPLICATION FOR PAYMENT CHANGE ORDER NUMBER 19TAF-01

TO OWNER PROJECT

Fayette County DATE OF REQUEST 9/28/2020 19TAF Fayette 140 Stonewall Avenue West, Suite 101 County Resurfacing FY 2019 (GDOT Fayetteville, GA 30214 0016058) Attn: SPLOST Accounts Payable CONTRACT NUMBER #1781-B PURCHASE ORDER #

FROM CONTRACTOR

C.W. Matthews Contracting Company PROJECT NUMBER 19TAF 200 Cobb Parkway North Bldg. 400, Suite 413 Marietta, GA 30062

THE CONTRACT IS CHANGED AS FOLLOWS: To best address the deteriorated road condition on Sandy Creek Road is to permit the use of 9.5MM Open Graded Interlayer (OGI) leveling in lieu of the original leveling line item quantity. Fayette County’s Transportation Engineer and Road Department agree that this is a cost‐effective strategy to address the current condition of the road. This Change Order will remove the 605 TN of Recyc Asph Conc Leveling at $87.70 / TN ($53,058.50) and add 3,300 TN of 9.5MM OGI Leveling at $94.77 / TN ($312,741.00) for a total contract INCREASE of $259,682.50.

Original Contract Sum: $ 2,766,965.47 Net Change by previously authorized Change Orders: $ 0.00 Contract Sum prior to this Change Order: $ 2,766,965.47 Contract Sum will be INCREASED / DECREASED / UNCHANGED by this Change Order in the amount of: $ 259,682.50 New Contract Sum, including this Change Order: $ 3,026,647.97 Contract Time will be INCREASED / DECREASED / UNCHANGED: UNCHANGED New Substantial Completion Date: UNCHANGED

NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.

NOT VALID UNTIL SIGNED BY THE OWNER AND CONTRACTOR

ENGINEER CONTRACTOR OWNER

SIGNATURE SIGNATURE SIGNATURE

PRINT NAME AND TITLE PRINT NAME AND TITLE PRINT NAME AND TITLE

DATE DATE DATE Page 65 of 73

C. W. MATTHEWS CONTRACTING COMPANY DRAWER 970 MARIETTA, GEORGIA 30061 TELEPHONE (770) 422-7520 FAX (770) 422-1068

September 28, 2020

James Youmans Croy Engineering 200 Cobb Parkway North Building 400, Suite 413 Marietta, GA 30062

Subject: Fayette County FY 2019 Resurfacing Sandy Creek Rd – OGI Leveling

Dear Mr. Youmans:

As you are aware, the County has requested a price for OGI (Open Graded Interlayer) Leveling to be used on Sandy Creek Road in lieu of the original Leveling course established in the contract. In response to this request, we are pleased to offer the price listed below as compensation for this contract addition. Please note that the quantities listed below are only estimated, and are expected to be paid according to actual field measured quantities.

Description Quantity Unit Unit Price Total ADD 9.5 MM OGI Leveling 3,300 TN $94.77 $312,741.00 DELETE Recyc Asph Conc Leveling 605 TN $87.70 ($53,058.50) Total Contract Addition $259,682.50

If you have any questions or concerns, you may reach me at (770) 241-8580 or by email at [email protected].

Sincerely, C.W. Matthews Contracting Company

Dan Krisman General Superintendent – Asphalt Construction

Copy: Marty Booker, General Manager – Asphalt Construction Ben Brooks, Project Engineer – Asphalt Construction Job File 32581

COUNTY AGENDA REQUEST Page 66 of 73

Department: Public Works / 2017 SPLOSTPresenter(s): Phil Mallon, Director

Meeting Date: Thursday, November 12, 2020 Type of Request: New Business #12 Wording for the Agenda: Consideration of staff's recommendation to award Bid #1844-B, Redwine Road & Starrs Mill School Complex Multi-Use Path project (SPLOST 17TAH) to A1 Contracting, LLC. in the amount of $1,460,196.00 and approval for the Chairman to execute related agreements, as needed, with the Georgia Department of Transportation (GDOT) to issue a Notice to Proceed. Background/History/Details: This is a federal-aid path project that will construct 1.53 miles of path along Redwine Road. The project was originally developed for design-build award by GDOT (PI 0012624). In June 2018 the BOC directed staff to transition the project to a traditional design-bid-build format with a local-let for construction. The scope of work includes installation of a signalized path crossing of Redwine Road near the Quarters Road intersection.

The project was advertised for bid by the Fayette County Purchasing Department. Eight bids were opened on September 24, 2020 and the lowest responsive, responsible bid was A1 Contracting LLC.

Following award of the Contract, Fayette County and GDOT will prepare a Construction Agreement that governs the terms of the construction and reimbursement process. Public Works will also work with the project Engineer to develop a task order for construction, engineering and inspection (CEI) services. Once both are complete, a NTP can be issued to the Contractor.

A portion of the project is within Peachtree City. The terms of that work are governed by the IGA for Construction and Maintenance of Multi-Use Path Projects executed June 27, 2019. What action are you seeking from the Board of Commissioners? Award of Bid #1844-B, Redwine Road & Starrs Mill School Complex Multi-Use Path project (SPLOST 17TAH) to A1 Contracting, LLC. in the amount of $1,460,196.00 and approval for the Chairman to execute related agreements with the Georgia Department of Transportation (GDOT), as needed, to issue a Notice to Proceed.

If this item requires funding, please describe: Funding for this project is available from the 2017 SPLOST Project 17TAH. Reimbursement, up to 80% of the construction costs, is programmed through ARC Project No. FA-352.

Has this request been considered within the past two years? No If so, when?

Is Audio-Visual Equipment Required for this Request?* Yes Backup Provided with Request? Yes

Approved by Finance Yes Reviewed by Legal

Approved by Purchasing Yes County Clerk's Approval Yes

Administrator's Approval Staff Notes: Page 67 of 73 Page 68 of 73 Page 69 of 73 Proposed Cart Path Page 70 of 73

QUARTERS RD

ROBINSON RD

RD ER EZ EN EB D R R D NE N WI W RED O T S OS HIGHGROVE CR

TIMBER LAKE

WHITEWATER CREEK NEWHAVEN

S S PEACH PE RE TREE PKWY ACHT E P KW Y BERNHARD RD

BRAELINN RD

THE PRESERVE

WOODCREEK

ASHTON PARK

JEFFERSON FORESTON PLACE WOODS

MOUNTBROOK THE MILL

FARMS TYRONE

FAYETTEVILLE 74 Starr's Mill School Complex

PEACHTREE Legend CITY WOOLSEY cart paths 85

type BROOKS existing proposed COUNTY AGENDA REQUEST Page 71 of 73

Department: LegalPresenter(s): Dennis Davenport, County Attorney

Meeting Date: Thursday, November 12, 2020Type of Request: New Business #13 Wording for the Agenda: Consideration of the approval to direct the county attorney to prepare resolutions for the purpose stated to be presented in the 2020 Legislative Package to the Georgia General Assembly for consideration at its upcoming session.

Background/History/Details: A. Support of the 2021 Policy Agenda of the Association County Commissioners of Georgia (ACCG) This issue is being presented by County Administrator Steve Rapson.

B. Objection to Reducing the State’s Healthcare Budget During a National Pandemic or State of Emergency This issue is being presented by Commissioner Charles Rousseau.

C. Statewide Review/Revision of Citizen’s Arrest Laws in the State of Georgia This issue is being presented by Commissioner Charles Rousseau.

D. Fluoride resolution to provide that communities may impose or remove fluoridation by referendum under certain circumstances. This issue is being presented by Chairman Randy Ognio.

What action are you seeking from the Board of Commissioners? Approval to direct the county attorney to prepare resolutions for the purpose stated to be presented in the 2020 Legislative Package to the Georgia General Assembly for consideration at its upcoming session.

If this item requires funding, please describe: Not applicable.

Has this request been considered within the past two years? No If so, when?

Is Audio-Visual Equipment Required for this Request?* No Backup Provided with Request? Yes

Approved by Finance Not Applicable Reviewed by Legal Yes

Approved by Purchasing Not Applicable County Clerk's Approval Yes

Administrator's Approval Staff Notes: Page 72 of 73

Administrator's Report: A Page 73 of 73