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Home > News > DeKalb County > DeKalb Cnty Board of Commissioners Regular Meeting
DeKalb Cnty Board of Commissioners Regular Meeting
March 24, 2009
Posted: March 19th, 2009 @ 9:46pm
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DEKALB COUNTY GEORGIA
BOARD OF COMMISSIONERS
REGULAR MEETING
MARCH 24, 2009
A. INSPIRATIONAL Bishop Jonathan Alvarado
Total Grace Christian Center
PLEDGE OF ALLEGIANCE Lee May
Commissioner District 5
B. PRESENTATIONS NONE
C. COMMENTS FROM THE PUBLIC
The Public Comments portion of this meeting is reserved exclusively for comments from the public, and not for immediate reply. Statements made during the Public Comments portion do not necessarily reflect the Opinions of the Board or the Administration of DeKalb County Government.
The purpose of public comment is to allow the public to voice county-related requests, concerns or opinions during the public comment portion of the Commission meeting. Individual speakers will only have the opportunity for one public comment per meeting. Prior to speaking, each speaker must please complete a speaker card and present it to the clerk before the beginning of the public comment portion of the meeting. The clerk will accept cards on a first come first served basis. Speakers who are residents of DeKalb County shall be allowed to speak before residents of other counties are allowed to speak. Once the public comment portion of the meeting begins, speaker cards will no longer be accepted. Speakers will be allowed to speak for three minutes each and public comment shall not exceed 30 minutes in length. When the buzzer sounds to indicate that time has run out, the speaker will be expected to immediately cease speaking and to yield the podium. Those who submitted speaker cards but did not speak because of the time allotment, will be allowed to speak first at the next regularly scheduled commission meeting without regard to residence. For more information about scheduling this opportunity, please speak with a member of the Clerks staff. If you would like to fill out a written comment concerning county-related service complaints, this will help the governing authority to forward the complaints to the appropriate department for follow up. When speaking, always talk directly into the microphone and begin by stating your name, full address and the name of any organization you represent. Abusive, profane or derogatory language will not be permitted. Holding up signs, clapping and yelling to show support for or opposition to a speaker will not be permitted, but a show of hands or quietly standing will be permitted to show support for or opposition to a speakers position.
D. 10:00 A.M. PUBLIC HEARING
Citizens may speak for or against an item that is considered by law to be a zoning ordinance and each side will have ten minutes to presents its case. Citizens may also speak for or against an item that is placed on the public hearing agenda but is not a zoning ordinance. In that case, each side will have five minutes to present its case. In the event there is more than one speaker per side, speakers must divide their time in order to complete their full presentation within the ten-minute time allotment, or the five-minute time allotment. When the buzzer sounds to indicate that time has run out, the speaker will be expected to immediately cease speaking and to leave the podium area. Prior to speaking, please complete a speaker card and present it when approaching the podium. If you have any documents for the Commissioners, please provide 10 copies when approaching the podium. Seven copies are for the Commissioners and the remaining copies are for the planning director, the county attorney and the clerk. Applicants or citizens speaking in favor of an item shall speak first and applicants in zoning ordinance cases shall have the right to reserve time for rebuttal. Opponents of a zoning ordinance item shall have no right of rebuttal. Once the citizens have finished speaking, staff shall make a recommendation for action to the commission. At this point, citizens are no longer allowed to speak unless called to the podium by an individual commissioner to answer questions or provide information. When speaking, always talk directly into the microphone and begin by stating your name, address and the name of any organization you represent. Abusive, profane or derogatory language will not be permitted. Holding up signs, clapping and yelling to show support for or opposition to a speaker will not be permitted, but a show of hands or quietly standing will be permitted to show support for or opposition to a speakers position.
Finance
D1. Amendment to the Pension Act Home Rule Ordinance (Deferred to the March 17, 2009 Budget, Finance & Audit Committee no action taken)
Commission Districts: 2 & 6
D2. Traffic Calming Petition Desmond Drive (Between Densley Drive & Park Lane) (Accepted to Regular Meeting agenda)
Commission Districts: 5 & 7
D3. Traffic Calming Petition New Castle & Shannondale Lane (off of Snapfinger Road) (Accepted to Regular Meeting agenda)
Planning and Development
D4. City of Atlanta South Moreland Avenue Livable Centers Initiative (LCI) Study and Final Report (Accepted to Regular Meeting agenda)
Resolution, Order & Declaration of Taking
D5. Resolution, Order and Declaration of Taking Memorial Drive Streetscapes Phase III, 5653 Memorial Drive, Stone Mountain, GA 30083; 57.86 Square Feet of Right of Way and 224.84 Square Feet of Temporary Construction Easement, Owner(s): Alice E Jarminski, Trustee of the Jarminski Family Trust, [Commission Districts 4 & 7 Parcel # 59] (Accepted to Regular Meeting agenda)
D6. Resolution, Order and Declaration of Taking Memorial Drive Streetscapes Phase III, 6167 Memorial Drive, Stone Mountain, GA 30083; 309.65 Square Feet of Right of Way and 2,389.74 Square Feet of Temporary Construction Easement, Owner(s): Jerry M. Andes, et al, [Commission Districts 4 & 7 Parcel # 103] (Accepted to Regular Meeting agenda)
D7. Resolution, Order and Declaration of Taking South Hairston Road Sidewalk Improvements Project, Project No. CSST-0008-00 (902), Owner: Victoria Tate, 668 South Hairston Road, Stone Mountain, GA 30088 [Commission Districts 4 & 7 - Parcel # 185] (Accepted to Regular Meeting agenda)
D8. Resolution, Order and Declaration of Taking - South Hairston Road Sidewalk Improvements from Rockbridge Road to Wesley Chapel Road Project, Project No. CSSTP-0008-00 (902), P.I. No. 0008902, Owner: Valleyfield Apartments of DeKalb County, Ltd., 25 Phillips Parkway, Montvale, NJ 07645, of 729.41 s.f. of Temporary Construction Easement, [Commission Districts 4 & 7 Parcel # 63] (Accepted to Regular Meeting agenda)
Street Light Petition
D9. Street Light Petition Lynmoor Drive [Commission Districts 2 & 6] (Accepted to Regular Meeting agenda)
D10. Street Light Petition Redan Road [Commission District 4 & 7] (Accepted to Regular Meeting agenda)
Commission Districts: 1 & 7
D11. Special Land Use Permit (SLUP-09-15359) Bruce Morris (Accepted to Regular Meeting agenda)
Commission Districts: 3 & 6
D12. Designation of Waffle House Old No. 1 located at 2719 East College Avenue as Historic Property (Accepted to Regular Meeting agenda)
Commission Districts: 3 & 7
D13. Street Name Change DeKalb County Board of Commissioners (Commissioner Johnson) - Ernest Prather Court (Accepted to Regular Meeting agenda)
Commission Districts: 5 & 7
D14. Special Land Use Permit (SLUP-08-14808) Shiloh Apostolic Church c/o Jonathan Weintraub (Accepted to Regular Meeting agenda)
Text Amendment
D15. Chapter 21 Sign Ordinance (Accepted to Regular Meeting agenda)
D16. Community Council Manual (TA-08-15027) (Accepted to Regular Meeting agenda; previously deferred from 9/23/08, 10/28/08, 1/27/09 & 2/24/09 for public hearing)
D17. Workforce Housing - (TA-08-15222) (Accepted to Regular Meeting agenda; previously deferred from 11/18/08, 12/16/08 & 2/24/09 for public hearing)
The Board will take a 1-Hour Break
EXECUTIVE SESSION
E. APPOINTMENTS
Board of Commissioners
E1. Appointment to Citizens Advisory Board for Recreation, Parks and Cultural Affairs Karen Whitehead (Accepted to Regular Meeting agenda)
E2. Appointment to Citizens Advisory Board for Recreation, Parks and Cultural Affairs Carolyn Taggart (Accepted to Regular Meeting agenda)
F. CONSENT AGENDA
Airport
F1. Standardized T-Hangar Lease Agreement with John W. Berry (Accepted to Regular Meeting agenda)
F2. Standardized T-Hangar Lease Agreement with David W. Boone (Accepted to Regular Meeting agenda)
F3. Standardized T-Hangar Lease Agreement with Neal A. Boortz (Accepted to Regular Meeting agenda)
F4. Standardized T-Hangar Lease Agreement with Dean L. Gambill (Accepted to Regular Meeting agenda)
F5. Standardized T-Hangar Lease Agreement with Jurgen R. Ihns (Accepted to Regular Meeting agenda)
F6. Standardized T-Hangar Lease Agreement with Howard L. Joe (Accepted to Regular Meeting agenda)
F7. Standardized T-Hangar Lease Agreement with Donald A. Jones (Accepted to Regular Meeting agenda)
F8. Standardized T-Hangar Lease Agreement with Douglas M. McKay (Accepted to Regular Meeting agenda)
F9. Standardized T-Hangar Lease Agreement with Kyle (nmn) McMahan (Accepted to Regular Meeting agenda)
F10. Standardized T-Hangar Lease Agreement with Theodore S. Orvold (Accepted to Regular Meeting agenda)
F11. Standardized T-Hangar Lease Agreement with Thomas A. Reusing (Accepted to Regular Meeting agenda)
Community Development
F12. 2009 CDBG Youth Set-Aside Fund for Summer Voucher Program (Accepted to Regular Meeting agenda)
Fire Rescue
F13. Acceptance of a Donation of $5,263.16 to DeKalb County Fire Rescue from U.S. Pharmaceutical Corp. (Accepted to Regular Meeting agenda)
Public Works Roads & Drainage
F14. Approval of Agreement and Appropriation of Funds for City of Avondale Estates LARP Resurfacing Kingstone Road and Oakham Place (Accepted to Regular Meeting agenda)
Public Works Transportation
F15. Consent to Assignment from J.B. Trimble, Inc. to Hatch Mott MacDonald, LLC., for Engineering Services Contract 07-900717 (Accepted to Regular Meeting agenda)
F16. Change Order No. 1 to Contract No. 08-901277 with Pittman Construction Company for the Kensington Road at Camp Road / Porter Road Intersection Improvements (Deferred to the March 17, 2009 Planning, Economic Development & Public Works Committee recommended approval)
F17. Amendment No. 3 to Transportation Divisions On-Call Professional Engineering Services Agreement (Accepted to Regular Meeting agenda)
G. PRELIMINARY ITEMS
Airport
G1. Memorandum of Agreement (MOA) with the Federal Aviation Administration (FAA) to Consolidate Nine (9) Existing No Cost Land Leases Covering Navigational Aids (NAVAID) Facilities Installed by FAA on DeKalb Peachtree Airport (Accepted to Regular Meeting agenda)
BOC
G2. Earth Hour (Accepted to Regular Meeting agenda)
G3. Resolution Encouraging Disinvestment of DeKalb County Fund in any Company with Business in Iran or Sudan (Deferred to the March 17, 2009 Budget, Finance & Audit Committee recommended approval)
CEO
G4. Library Bond Program Transfer of Funds between Projects (Deferred to the March 17, 2009 Planning, Economic Development & Public Works Committee recommended approval)
G5. Capital Projects Budgets (Sent to March 20, 2009 BOC Retreat)
County Clerk
G6. Approval of Minutes of the Regular Meeting of February 24, 2009 (Accepted to Regular Meeting agenda)
Facilities Management
G7. Courthouse Garage Parking Rate Adjustment (Accepted to Regular Meeting agenda)
Human Development
G8. Transferring of Funds from the General Fund for Non-Profits to the Grant Fund (Accepted to Regular Meeting agenda)
G9. Transferring of Funds from the General Fund Reserve for Seniors to the Grant Fund (Accepted to Regular Meeting agenda)
G10. Transferring of Funds from the Victim Assistance Fund for Non-Profits to the Grant Fund (Accepted to Regular Meeting agenda)
G11. Renewal of Lease Agreement for Fulton/Atlanta Community Action Authority (Districts 3 & 6) (Accepted to Regular Meeting agenda)
G12. Renewal of Lease Agreement for Partnership for Community Action, Inc. (Districts 4 & 6) (Accepted to Regular Meeting agenda)
IS
G13. Exercise Option to Purchase IBM Leased Hardware Contract # 06-900152 (Accepted to Regular Meeting agenda)
Planning and Development
G14. Authorize a Transmittal Resolution to Atlanta Regional Commission (ARC) for a Major Land Use Amendment (Commercial Redevelopment Corridor, Highway Corridor and Office Park to Town Center) of the 2025 Comprehensive Plan Future Development Map (Deferred to the March 17, 2009 Planning, Economic Development & Public Works Committee recommended approval)
G15. Authorize a Transmittal Resolution to Atlanta Regional Commission (ARC) for a Major Land Use Amendment (Suburban to Commercial Redevelopment Corridor and Neighborhood Center) of the 2025 Comprehensive Plan Future Development Map (Deferred to the March 17, 2009 Planning, Economic Development & Public Works Committee recommended approval)
Parks & Recreation
G16. Management Agreement between DeKalb County and Community Achievement Center, Inc. (Deferred to a future Community Services Committee meeting)
Police
G17. Rescind Authorization to Issue Court Summons Police Department (Accepted to Regular Meeting agenda)
G18. Swearing In of Code Enforcement Officers Police Department (Accepted to Regular Meeting agenda)
Public Works Transportation
G19. Property Right of Way Exchange Memorial College Avenue Land Lot 67, 18th District Commission District 4 and 6 (Deferred to the March 17, 2009 Planning, Economic Development & Public Works Committee recommended approval)
G20. Property Right of Way Exchange Coffee Road Land Lot 132, 133, 16th District Commission District 5 and 7 (Deferred to the March 17, 2009 Planning, Economic Development & Public Works Committee recommended approval)
G21. Property Right of Way Exchange Flakes Mill Road Land Lot 30, 15th District Commission District 5 and 7 (Deferred to the March 17, 2009 Planning, Economic Development & Public Works Committee recommended approval)
Purchasing and Contracting
G22. Purchases (Lowest Bidders)
LB1. Trucks, Road Tractor, Heavy Haulers: Invitation No. 3001258 (Deferred to the March 17, 2009 Budget, Finance & Audit Committee recommended approval)
LB2. Underground Fuel Tanks Testing, Maintenance and Cleaning (Annual Contract): Invitation No. 3001245 (Deferred to the March 17, 2009 Budget, Finance & Audit Committee recommended approval)
LB3. Uniforms for Fire Rescue (Annual Contract): Invitation No. 3001269 (Deferred to the March 17, 2009 Budget, Finance & Audit Committee recommended approval)
Purchases (Emergency)
E1. Emergency Replacement of Fire Hydrants (Deferred to the March 17, 2009 Budget, Finance & Audit Committee recommended approval)
Watershed Management
G23. Sanitary Sewer Petition Dunwoody Lane (Deferred to the March 17, 2009 Planning, Economic Development & Public Works Committee recommended approval)
H. ITEMS FOR DECISION BY THE BOARD
H1. Transfer Funds to Allow the Creation of a Chief Public Safety Officer (Deferred to the March 17, 2009 Budget, Finance & Audit Committee no action taken and to the March 19, 2009 Public Safety & General Government Committee no action taken)
H2. Oracle Technical Services & Support Renewal (Deferred to the March 17, 2009 Budget, Finance & Audit Committee no action taken)
H3. Amendment No. 2 to Contract No. 06-900508 with Atlantic Skanska, Inc. (Deferred to the March 17, 2009 Budget, Finance & Audit Committee no action taken and Planning, Public Works & Economic Development Committee recommended approval)
H4. Resolution Expressing Support for Legislation to Increase the Bonding Authority for the Public Safety and Judicial Facilities Authority (Previously deferred from 1/27/09, 2/10/09 and 2/24/09 BOC meetings; deferred to Public Safety & General Government Committee no action taken)
H5. Appropriation of Funds from the Georgia Department of Transportation for the South Stone Mountain Lithonia Road Bicycle/Pedestrian Improvements Project (Deferred to the Planning, Public Works & Economic Development Committee recommended approval)
H6. Courthouse Renovation Project Phase II Furniture Purchase (Deferred to the Budget, Finance & Audit Committee no action taken)
H7. Funding for the Demolition at Memorial-Kensington Executive Square Property (Deferred to the Budget, Finance & Audit Committee no action taken)
H8. Purchases (Requests for Proposals)
D1. Criminal Justice Information Sharing Consulting Services to Develop a CJIS Strategic Plan: Request for Proposal No. 08-500092 (Deferred to the Budget, Finance & Audit Committee recommended approval)
D2. Professional Engineering and Design Services for Public Works Transportation and Infrastructure Projects: Proposal No. 08-500088 (Deferred to the March 17, 2009 Budget, Finance & Audit Committee no action taken)
Action Items Deferred to Future Meetings
Deferred to the April 14, 2009 Board Meeting
1. Revise the Standing Procedural Rules (Previously deferred from 12/9/08, 12/16/08, 1/27/09 and 2/24/09 BOC meetings; deferred to Public Safety & General Government Committee, then back to Regular BOC meeting)
2. Lease of Office Space for South DeKalb Satellite Office (Previously deferred from January 27, 2009, February 10, 2009, February 24, 2009 and March 12, 2009 Regular BOC meetings)
Deferred to the August 11, 2009 Board Meeting
3. Resolution Requesting an Increase to the Hotel/Motel Tax Rate (Previously deferred from 1/27/09, 2/10/09 BOC meetings and Budget, Finance & Audit Committee meeting; deferred to Planning, Public Works & Economic Development Committee recommended deferring the item six months for development after the session)
I. COMMENTS FROM THE BOARD
J. APPEALS
Planning
J1. Appeal of Decision of Historic Preservation Commission relating to property at 1158 Clifton Road, Atlanta, GA 30307 Druid Hills Historic District, by Robert H. Anthony McCuller (Accepted to Regular Meeting agenda)
POLICY OF NON-DISCRIMINATION ON THE BASIS OF DISABILITY
The DeKalb County Government does not discriminate on the basis of disability in the admission or access to, or treatment of employment in its programs or activities. The Office of Contract Compliance and EEO, 1300 Commerce Drive, Decatur, GA 30030, 404-371-4795 & TDD 404-371-7064, has been designated to coordinate compliance with the non-discrimination requirements contained in Section 35.107 of the Department of Justice regulations. Information concerning the provisions of the Americans with Disabilities Act and the rights provided there under are available from the ADA Coordinator. A ten-day notice is requested for special accommodations.
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